Rnnk I i OFFICIAL DONATION. ...THE... School Law of Indiana With Annotations, STATE CONSTITUTION, ISSUED BY FRANK L. JONES, Superintendent of Public Instruction. INDIANAPOLIS: WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BT.VDING, 1901. WAB3S t902 Di of Dt W/ .-p"^; ?p THE PRESENT REVISIOR In the present edition of the School Laws of Indiana an effort has been made to render them as useful to the general public and school officers as possible. The laws have been rearranged, and it is believed that the new arrangement will be more acceptable than that of the previous editions. The notes had grown so voluminous that it has been deemed best to eliminate many, especially those that are partially or wholly obsolete. The sections have been renumbered, but at the end of each section will be found the sectional number that the section occupies in the Revised Statutes of 1881, 1894, and 1897. At the beginning of each section is the sectional number the sec- tion had in the original acts or session laws. COUNTY SUPERINTENDENTS OF INDIANA. ELECTED JUNE 5, 1899, FOE FOUR YEAES. Co-Onties. Name. Abdeess. Aclams Ii:.vin Brandy berry Decai:ur. Allen F. J. Young Fort Wayne. Barthol'omew James H. Clark Columbus. Benton L. A. McKnight Fowler. Blackford Finley Geiger Hartford City. Boone Eichard H. Harney Lebanon. Bro^,n Andrew A. Manuel Nashville. Carroll Isaac F. Myer Delphi.''* Cass Eobert C. Hillis Logansport. Clark Samuel L. Scott JefFersonville. Clay James M. Tilley Brazil. Clinton .... James H. Grover Frankfort. Crawford Charles A. Eobertson English. Daviess William A. Wallace Washington. Dearborn Solomon K. Gold Lawrendeburg. Decatur Elmer C. Jerman Greensbur-g-. Dekalb Henry E. Coe Auburn. Delaware Charles A. Van Matre Muncie. Dubois Geo. R. Wilson Jasper. Elkhart Geo. W. Ellis Goshen. Fayette Calvrn Ochiltree Connersville. Floyd Levi H. Scott New Albany. Fountain Grant Gossett Covington. Franklin , W. H. Senour Brookville. Fulton W. S. Gibbons Eochester. Gibsoji John T. Ballard Princeton. Grant Alexander Thompson Marion. ®reene . Harvey E. Cushman Bloomfield. Hamilton Ellis A. Hutchens Noblesville. Hancock Lee O. Harris Greenfield. Harrison Amzi Weaver Corydon. Hendricks James D. Hostetter Danville. Henry Jv A. Greenstreet New Castle. Howard Elsworth E. Eobey ■ Kokomo. Huntington Henry D. Shideler Huntington. Jackson J. E. Payne Brownstown. Jasper Lewis H. Hamilton Eensselaer. Jay Lewis Crowe Portland. Jefferson George S. Taylor Madison. Jennings M. W. Deputy Vernon. Johirson .J. W. Terman Franklin. Knox . . ; Peter Phillippe Vincennes. Kosciusko George W. Worley Warsaw. Lagrange H. S. Gilhams COUNTY SUPERINTENDENTS. Counties Name. Address. Lake Frank E. Cooper Crown Point. Laporte Chas. A. Zigler Laporte. Lawrence Wm. E. Stipp Mitchell. Madison Lawrence McTurnan Anderson. Marion William F. Landes Indianapolis. Marshall George D. Marks Plymouth. Martin Elijah McFarland Shoals. Miami Ellis H. Andrews Peru. Monroe W. V. Payne Bloomington. Montgomery Ward B. Walkup Crawfordsville. Morgan Wm. O. Baker Martinsville. Newton W. L. Kellenberger Kentland. Noble Edwin L. Adair Albion. Ohio Eugene S. Espey Eising Sun. Orange Claude L. Eankin Paoli. Owen Burton M. Hancock Spencer. Parke Jesse M. Neet Eockyille. Perry Logan Esarey Cannelton. Pike John D. Grimes Sophia. Porter Arthur A. Hughart Valparaiso. Posey Charles Greathouse Mt. Vernon. Pulaski John H. Eeddick Winamac. Putnam Samuel A. Harris Greencastle. Eandolph Charles W. Paris Farmland. Eipley Charles S. Eoyce Versailles. Eush Abraham L. Gary Eushville. Scott Elijah A. Gladden Scottsburg. Shelby J. W. Barlow Shelbyville. Spencer Aquilla C. Huff Eockport. Starke Geo. E. Butcher Knox. St. Joseph Wm. Clem South Bend. Steuben Homer Dilworth Angola. Sullivan Eichard Park Sullivan. Switzerland David N. Hay don Vevay. Tippecanoe Edward C. Crider Lafayette. Tipton L. D. Summers Tipton. Union C. W. Osborne College Corner, O. Vanderburgh James F. Ensle Evansville. Vermillion Elbert E. Helt Clinton. Vigo Charles F. Grosjean Terre Haute. Wabash John W. Lewis Wabash. Warren Wm. J. Bader Williamsport. Warrick James E. Wilson Boonville. Washington .Joseph C. Bush Salem. Wayne Wm. E. Wineberg Eichmond. Wells Eobt. W. Stine BlufFton. White Thos. S. Thornburg Monticello. Whitley ................ .George H. Tapy .Columbia City. TABLE OF CONTENTS. PAGE. Introduction • • • 23 Leffal Duties of School Officials 39 SEC 1 CHAPTER I. CONSTITUTIONAL! PROVISIONS. Common schools 50 Common School Funds 51 Principal, a perpetual fund 52 Investment and distribution 52 Reinvestment , 53 Counties — Liability 53 Trust funds inviolate 53 Superintendent of Public Instruction 54 CHAPTER II. SUPERINTENDENT OF PUBLIC INSTRUCTION. 9. Superintendent 55 10. Commencement of term — Oath 55 11. Duties- Office— Clerks 55 12. Report to Governor 56 13. Report to General Assembly 56 14. Duties 57 15. Traveling expenses 57 16. Supervision of school funds 58 17. May require reports 58 18. .Blanks and forms 58 19. Forms of bookkeeping 58 20. Shall publish School Law 59 21. Journals, etc., to Libraries 69 CHAPTER III. STATE BOARD OF EDUCATION. 22. State Board of Education 59 23. Duties and powers 60 24. State certificates 61 25. Pay and mileage of Board 63 (6| CONTENTS. CHAPTER IV. SCHOOL BOOKS. SEC. PAGE. 26. State Board of Education a Board of School Book Commissioners. . 64 27. Advertise for bids 65 28. Open bids 66 29. May procure manuscripts 67 30. State not liable 68 31. Governor's proclamation 68 32. Trustee's duty 68 33. Quarterly reports 69 34. Superintendent to enter suit 70 35. Superintendent's special bond 70 36. Reports to contractors 70 37. Sale for more than contract price a misdemeanor 71 38. Embezzlement 71 39. Appropriation — laws repealed , 72 40. Advertise for bids 72 41. Trustees to make requisitions first Monday of June 73 42. Trustees to acknowledge receipt of books 73 43. Books for poor or indigent children 75 44. Reports to Commissioners and County Superintendent 75 45. Appropriation 75 46. Suit on Trustee's bond 76 47. County Superintendent's special bond 76 48. Superintendent's report to contractor 77 49. Failure to report — Embezzlement 77 50. Books to be uniformly used 78 51. Duty of contractor 78 52. Name and price of books on cover 79 53. State Superintendent's duty 79 54. Act supplemental 80 55. Contractors to file consent 80 56. Sale to merchants or dealers — Trustee's report 81 57. Officers to supply sufficient books 82 58. Duty of merchants and dealers 82 59. County Superintendent to make report 83 60. Officers failing to report — Right of action 83 61. Failure to report at expiration of term — Embezzlement 83 62. Sale for more than contract price a misdemeanor 84 63. Contractors to file consent for revision of books 84 64. Author to revise — County and State Superintendent to scale requi- sition 85 65. Intermediate grammar or language lessons 88 66. . State Board to meet — Notice 89 67. Frequency of revision — Geographies 89 68. Standard of revision — Contractor's bond 89 O SCHOOL LAW OF INDIANA. SEC. PAGE. 69. Appropi'iation 90 70. New bond 90 71. State Superintendent's duty 90 72. Act supplemental 91 CHAPTER V. COUNTY SUPERINTENDENT. 73. County Superintendent , 91 74. Eligibility , 94 75. Impeachiuent 95 76. Office — Supplies — Compensation 95 77. Shall examine teachers 95 78. May revoke license 99 79. Examinations — License 100 80. Eecord-book — Report to State Superintendent 100 81. State liceiise 101 82. Exenii.tioii from examination 103 83. Record of examination 104 84. Certificate from other State 104 85. Examination for graduation 104 86. General duties 105 87. When must enumerate 106 88. Cities exempt 107 89. Annual reports 107 90. Apportionment — Report 108 91. Compensation 109 92. Duty as to apportionment 109 93. Duty as to School Fund 110 94. Interest in private school, can not have , 110 95. Penalty 110 96. Duty of Prosecuting Attorney 110 CHAPTER VI. COUNTY BOARD OF EDUCATION. 97. County Board of Education „ „ , HI CHAPTER VII. ADMINISTRATION. 98. School township 114 99. Towns and cities 118 CONTENTS. y SEC. PAGE. 100. School Trustees in cities and towns 119 101. Town abandoning control of school 124 102. Conveyance to Trustee 124 103. Charge of town schools 124 104. Trustees' bonds — Vacancy 124 105. Trustees manage revenues — Reports 1 26 106. Kecord — Duty as to revenue 130 107. Annual statement 131 108. General duties 131 109. Duration of school in any year 136 110. Care and management of school property 137 111. Superintendent in cities and towns 137 112. Joint grade schools 137 113. Joint school district — Petition 138 114. Expense of establishing — Controlling school 139 115. Expense of maintenance 139 116. Abandonment of school district or corporation 139 117. Consent of voters to abandonment 139 118. Kindergartens 140 119. Tax for kindergartens 140 120. How collected 140 121. Night schools 141 122. Age of pupil 141 123. Surplus special school revenue 141 124. Things legalized 142 125. Teachers' reports 142 126. Trustees' reports 143 127. Failure to report 144 128. Neglecting duties 144 129. Failing to serve 144 130. Trustees' accounts 145 131. Examination of Trustee and his books 145 132. Correction of accounts — Removal 145 CHAPTER VIII. TAXATION. 133. State tax 145 134. Uniform tax 146 135. Special tax ' 146 136. Assessment and collection 148 137. Local tax for tuition 148 138. Local tax, how applied 149 139. Special tax to pay debts 150 140. Tax to complete town school house and to support town schools. . . 151 10 SCHOOL LAW OF INDIANA, CHAPTEE IX. ENUME RATION. SEC. PAGE. 141. Trustee to take — His duties — Who enumerated 151 142. Transfer 155 143. Tuition... 157 144. Appeal 157 145. Payment of tuition — Refusal to make 157 146. Eights reserved 1 58 147. Transfer to school corporation of 100,000 158 148. Payment of tuition 158 149. Enumeration, where filed — Eetaking 159 150. Township in two or more counties — Eeport 159 CHAPTEE X. APPORTIONMENT OF REVENUE. 151. To be semi-annually 160 152. Eeports of County Auditors 160 153. "When and what County Auditor reports 160 154. When Congressional township divided 161 155. Auditor failing to report 161 156. Apportionment among counties 162 157. Printed statement 162 158. Payment to counties 1 62 159. Payment of excess 163 160. Unapportioned balances 164 161. County Auditor's apportionment 164 162. Interest on Sinking Fund 166 163. Surplus Dog Tax Fund 166 CHAPTEE XL SCHOOLS IN CITIES AND TOWNS. 164. Bonds for school buildings 168 165. Use of proceeds 170 166. Special tax 170 167. Condition for building 171 168. Surplus special school revenue 172 CHAPTEE XII. SCHOOL SYSTEM IN LARGE CITIES. 169. School system 173 170. School districts 173 CONTENTS. 11 SEC. PAGE. 17J . Organization — Term — Vacancies 174 172. Duties and powers 175 173. Tax collection and payments 177 174. Sessions — Record — No pay 177 175. General School Law in force 178 176. Temporary loans 178 177. Bonds to pay debts 178 178. Bonds in cities 179 CHAPTEE XIII. SCHOOLS IN CITIES OF 100,000 INHABITANTS. 179. Act of March 3, 1871, in force. 180 180. Qualifications of commissioners 181 181. Nomination and election 181 182. Terms 183 183. Organization of Board 183 184. Committee — Salaries — Rules 184 185. Legislative Act — Director's approval 184 186. Officers and Teachers — Examinations 185 187. Directors— Duties . ., 185 188. Superintendent — Text Books— Librarian — Appointments 186 189. Discharge of Employees 187 190. Directors' duties— Bond 188 191. Auditor of School Board 188 192. Warrants 188 193. Evidence of indebtedness 189 194. Illegal warrant, liability 189 195. Appropriations necessary 189 196. Auditor's reports —Board — Pay , . 189 197. Accountants 190 198. Payment to Treasurer 190 199. Contracts, appropriations for necessary 190 200. Contracts to be in writing — Supplies 191 201. Bids for School houses 191 202. Funding indebtedness 192 203. Tax levy 193 204. School Law in force 193 205. Old School Board 193 206. Limit of debt 194 207. Purchase of grounds and buildings 195 208. Eminent domain may exercise 195 209. Removal of Commissioner 195 210. Levy to pay debts 196 211. Subsequent censuses 196 212. Manual Training School 196 213. Teachers and Instructions 196 214. Tax to support Schools 197 12 SCHOOL LAW OP INDIANA. CHAPTER XIV. SCHOOLS IN CITIES OF 45,000 TO 55,000. SEC. PAGE. 215. School Corporation 197 216. Powers of School Board 198 217. Buildings— Bonds 198 218. Special tax 199 219. Proceeds of bonds 199 220. Population 199 CHAPTER XV. SCHOOLS AND SCHOOL HOUSES. 221. Bible 200 222. Uniformity as to time —Numbering 201 223. Calendar 202 224. Colored children 202 225. Indigent children 203 226. Appropriations for indigent children 203 227. Branches taught 204 228. Effect of alcoholic drinks and narcotics 205 229. Teachers examined concerning 206 230. Failure to teach effects — Dismissal 206 221. Voters' meetings — School directors 206 232. Other meetings — Powers 207 233. Estimate of expense 209 234. Changing site of school house 209 235. Notice of petition to change 210 236. Misdemeanor 211 237. Doors must swing outward 211 238. Teachers, employment and dismissal 211 239. Terms for which teachers may be employed 216 240. Blanks to be uniform 215 241. Teacher's daily wages 215 242a. Teacher's contracts to be in writing 216 242. Penalty against school officers 216 242a. Terms for which teachers may be employed 216 243. Special examination 216 244. Director's duties 217 245. He has charge of the school house 217 246. Visits school — May exclude pupil 217 247. Appeal to teacher : 219 248. Insulting teacher 219 249. Title to school property 219 250. Use of school house 220 CONTENTS. 13 SEO. P^SE. 251. Use of school house ,. » • = • • • • 221 252. School house, when sold • 2fi2 253. School house in annexed territory • 22-2 254. Pay for school house in annexed territory .- 223 255. Donations and bequests 224, 256. Majority of voters 224 257. Sale of bonds , • 225 258. Donations may be made to school corporations 225 259. Conditional gift '- ^5 260. Income from gifts, how used • • 2-26 261. 'Trustee for gift— Powers 226 262. Identity of gift not to be lost • 227 263. Site for school house— Eminent domain 227 264. Appraisers 228 265. Appraisement — Payment 228 CHAPTER XVI. teachers' institutes. 266. Township institutes 22,9 267. County ins^tutes _ 23D 268. Schools closed - 230 269. Sessions • • 2^30 CHAPTER XVII. FREE LIBRARIES. 270. Public library commission 231 271. Duties — Traveling libraries 231 272. Purchase of books — Appropriation ;-..-. 232 273. Library association 232 274. lAnnual appropriation — Expenses 232 275. Advice 233 276. Traveling library tax 233 277. Township library board 234 'M%. Official documents 235 279. Members of Commission not to be publisher 235 280. Bspealiing section , < 235 281 . In cities and towns 23&^ 282. Librai-ies in certain cities • 235 283. Tax to maintain 236 284. Real estate 236 285. Real estate for libraries • • ■ 2§6 286. School and library tax in cities of 30,000 237 287. County Treasurer reports to Board of School Commissioners 238 288. County Treasurer's credits 239 14 SCHOOL LAW OF INDIANA. SEC. PAGE. 289. Schools and library tax in cities of 15,000 and 30,000 239 290. Payment of bonds 240 291. City and town tax for library — Subscriptions 241 292. Subscription filed with Clerk of ("ircuit Court 242 293. Members of librai-y board appointed — Qualifications 242 294. Certificate of appointment — Oath 243 295'. Organization 244 296. Library Board — Powers 244 297. Subscriptions collected — Building — Tax 244 298. Tax, how used 245 299. Use of library — Certificate of membership— Township may use . , . 245 300. Donation of library 246 301. Removal of members of board 247 302. Treasurer's report 247 303. Eepealing section 247 304. Libraries in cities of 3,500 to 4,000 248 305. Acceptance of library 248 306. Payment of taxes 249 307. Privileges of library 249 308. Eemoval of Directors 249 309. Library fund 249 310. Township Trustee in charge 250 311. Trustee's duties 250 312. Use of books 250 313. Where kept 250 314. When open 250 315. Tax lev}' for library 251 316. Office of librarian abolished 251 317. Library discontinued 251 318. Legalizing section 252 CHAPTEE XVIII. HISTORICAL SOCIETY. 319. Appropriations out of county treasury — Eooms and vaults 2-52 320. Society discontinued, efTect 253 321. Moi"e than one society in county 253 322. Control of rooms and vaults 254 323. Control of rooms after society discontinued 254 CHAPTEE XIX. GENEKAI. PROVISIONS. 324. Suits, how brought 255 325. Costs 255 326. Process, how executed 255 CONTENTS. • 15 SEC. PAGE. 327. Appeals from Township Trustee 256 328. Appeals from County Superintendent 257 329. Oaths 258 330. Women eligijDle to school office 258 331. Bond binding 259 332. When Township Trustee elected 259 333. County Commissioners fill vacancy 25.9 CHAPTER XX. COMPULSORY EDUCATION. 334. All children must attend school — Age 260 335. County Truant Officers— Duties — Misdemeanor. 260 336. Truant Officers in cities and towns 261 337. Compensation of Truant Officers 261 338. Eeports 262 339. Poor children, assistance 262 340. '^Parental Home" — Incorrigible child 263 341. Confirmed truant 263 342. Tax 263 343. Bliumeration 263 344. Names of children furnished Truant Officers 264 345. Laws repealed 264 CHAPTER XXI. TOWNSHIP ADVISORY BOARD. 346. Advisory Board 264 347. Tax payers may attend 266 348. Annual meetings, expenditures and levy 266 349. Estimate of Expenditures 267 350. Compensation of Board, if desired 351. Special meetings of Board 352. Finaiicial record 353. Annual settlement with the Board 270 354. Trustee's term 272 355. New School house— School supplies 272 356. Trustee's pay 273 357. Contracts void 273 358. Appointment of first members of Board 273 CHAPTER XXII. THE FUND. 359. What constitutes 275 360. Estrays and property adrift 277 268 268 269 16 SCHOOL LAW OF INDIANA. SEC. PAGE. '361. Counties liable 277 .362. Account of fund : 378 363. Custody of lands 279 ,3'64. Leasing lands 280 '365. Divided school sections 281 366. Boundaries of townships 281 367. School townsh-ip, wlaen county lines divide 2S1 368. Auditor's statement as to children 2,82 '369. Auditor's duty 282 370. Account and distribution 282 371. Duties of the other Auditor 283 ?S%. AccouiTt — Keadjustment 283 378. Power of. Tinistee 284 374. Sale of school lands 284 375. Pl-oceedings to sell 284 376. Ballots 284 377. Results of election 285 378. CertSlicate of vote 285 379. Trustee's duty 285 380. Order and conduct of sale 285 881. Terms of sale— Timber 286 382. Forfeiture— Re-sale . . . - 287 883. Forfeiture, how prevented 287 384. Forfeiture — Liability for waste .' 288 885. Suit for waste 288 386. Private sale 288 3'87. Reappraiseinent 288 3'88. Advertisement of funds 288 389. Reappraisement of forfeited lands , 289 890. Appropriation by Commissioners 28T) 391. Certificate of purchase 289 892. Rights of purchase 290 393. Failure to make first payment — Penalty 290 394. Assignment 290 395'. Defective assignments — Proceedings 290 896. Loan of purchase money 291 397. Payment 291 398. Lost certificate 291 399. Purchase money, where paid 292 400. Duty of Auditor 292 401. Deed 292 402. Sale— Legalization 292 403. Title, when complete 293 404. Sale had without vote 293 405. Compensation on failure of title 293 406. Lands of surplus revenue fund, how sold 294 407. Interest — Judgment 294 408. Advertisement of funds 294 CONTENTS. 17 SEC. . PAGE. 409. Bulletin board of loans 295 410. Auditor's duty 295 411. Appraisement 295 412. Duty of appraisers 296 413. Loans outside of county 296 414. Loan of School and University Pounds 297 415. Limit of loan 297 416. Percentage of value of loan . 297 417. Length of time. '. 297 418. County may borrow 298 419. Note of county — County Council , 298 420. Auditor's warrant 298 *421. Eate of interest , 299 422. Payment of loan . . . , 299 423. Transfer from one county to another . . ■. 299 424. Certificate as to liens 299 425. Oath of applicant . ,, 300 426. Time of loan 301 427. Limit of loan 301 428. Acknowledgments and oaths . 302 429. Record of mortgages^-Priority 302 430. Auditor's duty. 302 431 Fees , 303 432. Interest unpaid — Auditor's duty 303 433. Collection on default 303 4.34. Fiind to be specified. , 304 435. Form of mortgage 305 436. Form of note 306 437. Warrant to borrower. 306 438. Payments— Quietus •. 306 439. Indorsements and satisfaction 307 440. Suit for deficiency 307 441. Notice of sales 307 442. Manner of sale— Surplus 308 443. Auditor's bid 310 444. Sale of lands bid in 311 445. Eeappraisemeut of forfeited lands 311 446. Appropriation by Commissioners 312 447. Deed by Auditor , 312 448. Statement of sales 313 449 Title in State without deed 313 450. Conveyance to County 313 451. Suit to foreclose 313 452. Purchase by County 314 453. Lease of land purchased 314 454. Sale of land — Appraisement 314 455. Deeds 315 456. Sales legalized 315 2— ScH. Law. 18 SCHOOL LAW OF INDIANA. SEC. PAGE. 457. Act supplement nl 315 458. Cancellation of iMortgages 316 459. Annual report 316 460. Duty oi Boards 317 461. Board's report 317 462. Disposition of repoil 318 463. Apportionment of loans 318 464. Miscellaneous school fund account 318 465. Distribution and report 319 466. Penalty againaj Auditor 319 CHAPTER XXIII. STATE NORMAL f^CHOOI.. 467. Established 32o 468. Trustees — Corporate na-.e 320 469. Term of office— Vacanci; ; 320 470- Organization — Officers ■ , 321 471. Donations 321 472. Location 321 478. Contract for building 321 474. Model school 322 475. Duty of Trustees 322 476. Conditions of admission 322 477. Tuition fee .' 323 478. Principle of management 323 479. Eeports 323 480. Board of Visitors - 323 481. Certificatfes — Diplomas 323 482. Pay of Trustees , 324 483. Pay of Treasurer and Agent 324 CPIAPTER XXIV. INDIANA UNIVERSITY,. 484. Recognized , 325 485. Tax for Endowment Fn.iid 325 486. Application of fund ■. . 326 487. Bond of State 326 488. Loans by State Auditor 327 489. Mortgages taken by State Auditor 327 490. State may borrow fmid 327 491. Trustees — Co^'porate name — Offi.cers — Powers 328 492. The first Trustees 328 493. The first meeting 329 CONTENTS. 19 SEC. PAGE. 494. Vacancies 329 495. Pay of Trustees 329 496. Trustees of Indiana University 329 497. Trustees' terms expiring 1891, successors 329 498. Trustees' terms expiring 1893, successors 330 499. Eegistry of Alumni > 330 500. Nomination of Trustees 331 501. Annual meeting of Alumni 331 502. Method of voting by Alumni , 331 503. Annual meeting 332 504. Quorum — Temporary, appointments „ . . . 332 505. Seminary township 332 506. Interest on loans : 332 507. Faculty— Powers - 332 508. No religious qualitications 333 509. No sectarian tenets 333 510. County students 333 511. Notice to counties 333 512. Treasurer's bond 333 513. Board of Visitors 334 514. Visitors not attending, to be reported 334 515. Duties of Visitors 334 516. Duties of Secretary 334 517. Duties of Treasurer 334 518. Eeport to State Superintendent 335 519. Lectures by faculty 335 520. Geological examinations and specimens 335 521. Printing annual I'eport 336 522. Contents of report 336 523. Notice of sessions 336 524. Buildings and repairs 336 525. Normal department , 337 526. Agricultural department ., 337 527. Scholarships transferable 337 528. Perpetual scholarships 337 529. Library 337 530. State Geologist 338 531. Fund, how derived — Loans , 338 532. Auditor of State to loan— Duty 338 533. Form of mortgage 339 534. Form of note , 339 535. Loans — Security 339 536. Interest 339 537. Priority of mortgage 340 538. Recording of mortgage 340 539. Certificate as to liens 340 540. Abstract of title 340 541. Auditor's duty 340 20 SCHOOL LAW OF INDIANA. SEC. PAGE. 542. Payment. ■ -. 340 543. Satisfaction 341 544. Loans, how collected 341 545. J udgment 341 546. Notice of sale 341 547. Sale 341 548. When Auditor to buy— Re-sale 342 549. Limit of bid— Overplus 342 550. Statement of sale 342 551. Title in State, without deed ^, 342 552. Sale for cash — Certificate 342 553. Sale on credit 342 554. Fees and damages 343 565. Accounts — Reports 343 556. Accounts with borrowers 343 557. Interest, when loaned 343 558. Unsold lands 343 559. Certificates of payment — Patent 344 560. Leases . 344 &61. Commissioners' report 344 562. Commissioners' duty 344 5G3. Pay of Commissioners 345 564. Patents, and recording 345 565. Pay for managing fund 345 566. Extension of payments : . . . 345 567. Forfeiture, how prevented ...... 345 568. Forfeited lands 345 569. Appraisement of lands 346 570. Where filed and recorded 346 571. Duty of County Auditor 346 572. Notice of sale 346 573. Sale 347 574. Terms of sale 347 575. Private entry ■ 347 576. Certificate of purchase 347 577. Certificate to be registered 348 578. Certificate assignable 348 579. Forfeiture 348 580. Surplus . . . , 348 581 . Forfeiture, how prevented 348 582. Land, how redeemed 349 583. Security 349 584. Suit for waste 349 585. Patent, on full payment 349 586. Auditor's report 350 587. Treasurer's report 350 588. To pay money to State Treasurer 350 589. Pay of Auditor and Treasurer 350 CONTENTS. 21 SEC. PAGE, 590. Loans 350 591 . Disposition of proceeds 351 592. Eeport of sales 351 593. One Trustee to attend sales 351 594. No member to deal in the lands 352 595. Trustees to get information 352 596. State Treasurer collects loans 352 597. County Auditors loan , 353 598. Auditor of State can not loan 353 599. Counties pay interest 353 CHAPTER XXV. PURDUE UNIVERSITY. 600. Agricultural college scrip 354 601. The first Trustees, and original name 354 602. Sale and investment of scrip 354 603. Donations accepted 355 604. Location 355 605. Purdue University — Permanent name 355 606. Corporate name — Powers and duties of Trustees 356 607. Dedication of street 356 608. Power to dedicate 357 609. Privileges of John Purdue 357 610. Amendment or repeal 357 611. Appointment of Trustees 357 612. Term of ofKce 358 613. Vacancies, how filled 358 614. Officers — Treasurer's bond and duties 358 615. County students 359 616. Students 359 617. Investment of fund '. 359 618. Gift to establish Institute of Technology . 360 619. Farmers' Institutes 361 620. Time and place of holding Institutes , 361 621. Appropriation , 361 622. Acceptance of United States grant ■ 361 CHAPTEE XXVIo TAX FOR INDIANA AND PURDUE UNIVERSITIES AND STATE NORMAL SCHOOL. 623. Amount of tax—Division 362 624. Repeal of General appropriation — Permanent fund not affected. . . 363 22 SCHOOL LAW OF INDIANA CHAPTEE XXVII. STATE LIBRARY. SEC. ^ PAGE, 625. Management 364 626. Election of Librarian 364 627. Term of office 364 628. Bond of Librarian 364 629. Library — When to be open 364 630. Eemoval of books forbidden 365 631. Who may use library 365 632. Use jiot transferable — Penalty 365 633. Catalogue 365 634. Fines 366 635. Purchasing Board — Appropriation 366 636. Laws and law books 366 637. Collection and binding of documents 366 638. Preservation of laws and journals 367 639. Legislative papers 367 640. Exchanges 367 641 . Embezzlement 367 642. Missing books 368 643. Salaries 368 644. Keport 368 645. Removal of Librarian or Assistants 368 646. Kemoving books — Misdemeanor 368 647. Injury to books — Penalty 368 APPENDIX. THE CONSTITUTION OF THE STATE OF INDIANA OF 1851. 648. Constitution 369 649. Index to Constitution 404 ADDENDUM. 650. . Voters at district meetings 416 651. Traffic in questions w 416 L INTRODUCTION. A HISTORY OF THE SCHOOL SYSTEM. INDIANA COMMON SCHOOL SYSTEM. It was on the 10th day of October, 1780, that tlie corner-stone of our Terri- torial system was laid, by the adojJtion of a resolution in the Continental Congress, which declares "that all Territorial lands shall be disposed of for the common benefit of the United States, and shall be settled and formed into distinct republi- can States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States." It was this resolution that Maryland, one of the landless States, had been contending for before she would formally adopt the Articles of Confederation, and thereby become one of the "Original Thirteen States." Perhaps no single act has so far exceeded the expectations of its promoters as has this act of Maryland's refusing to ratify the Articles of Confederation, which compelled the Congress to invent the Territorial policy, fraught with such results. In 1783, when a treaty of peace was entered into between the United States and Great Britain, the skillful diplomacy of Jay, Franklin and Adams gave to us the territory conquered through the untiring energy of George Rogers Clark, and the boundary of the United States was made the Mississippi on the West and the great lakes on the north. In 1783 the Legislature of Virginia passed " an act to authorize the delegates of Virginia in Congress to convey to the United States, in Congress assembled, all the right of this Commonwealth to the territory northwestward of the river Ohio." This deed was signed by Thomas Jefferson, Samuel Hard, Arthur Lee and James Monroe, and the Continental Congress accepted the same. It was Jefferson who had so earnestly supported Clark's efforts, and who had done much to urge Vir- ginia in her magnanimous gift to the United States. He drafted the first ordi- nance for the government of this territory, and he might have succeeded in having the "ordinance of 1784" adopted had he not been so radical on the slavery ques- tion. In a letter to Madison he wrote : "The curse of slavery must riot be allowed to extend to new territory," and he proposed in the "ordinance of 1784" that slavery be prohibited south of the Ohio River as well as north of it, and to this his own State would not accede. But this prepared the way for a greater ordi- nance, that of 1787, and as Jefferson had been sent abroad there is no evidence that he was in any way interested in its preparation or adoption. The Continental Congress, with hardly enough vitality left to complete its brief work, was driven into the passage of this famous piece of legislation, the ordinance of 1787, by a few delegates who had remained in session at New York, and which stands out as the most brilliant achievement of that remarkable body, 24 SCHOOL LAW OF INDIANA. excepting, perhaps, the Declaration of Independence. The necessity of the pass- age was revenue for the General Government, but its most memorable provisions were those relating to hnman rights ; ordaining religious freedom, offering security to both person and property, encouraging education, and dedication of the soil to freedom forever. Madison said of it that it was the exei-cise of national sover- eignty without the shadow of constitutional authority. "Religion, morality and knowledge being necessary to good government and the hajjpiness of mankind, schools and the means of education shall be forever encouraged." So familiar have these words become in the Northwest that every State that has been organ- ized since that time felt under obligations to carry out this provision. The prin- ciple of reserving one or more sections has been followed by every State since then (excepting West Virginia), and in some very liberal donations have been made looking toward the founding of a large permanent school fund. It was not till 1795, when General Wayne made his famous treaty with the Indians, that the lairds within the boundaries of Indiana were open to peaceful and permanent set- tlement. In 1800 Indiana Territory was formed. In 1804 Congress passed an act enti- tled "An act making provision for the disposal of the public lands in three land districts, viz. : Detroit, Vincennes and Kaskaskia." In 1805 the Detroit district became the Territory of Michigan ; in 1809 Kaskaskia became Illinois, and In- diana assumed her present size. THE FIRST PUBLIC SCHOOL A UNIVERSITY. The act of 1804, above referred to, provided for the sale of certain lands " excepting section numbered sixteen, which shall be reserved in each township for the support of schools within the same ; also, of an entire township in each of the three districts, to be located by the Seci'etary of the Treasurv for the use of a seminary of learning." Albert Gallatin, then Secretary of the Treasury, located "township 2 south, range 11 east," now in Gibson County, Indiana, for the use of a seminary of learning, as required by this act. The act that lies at the foundation of our common school system, and therefore vitally important here, is the Territorial act of the First General Assembly of the Territory of Indiana, held at Vincennes, entitled "An act to incorporate a Uni- versity in the Indiana Territory." This act was approved by Governor William Henry Harrison, November 29, 1806. The Legislative Council then enacted "that a University to be called and known as the Vincennes University" should be established, and it elected a Board ■ of Trustees, consisting of twenty-three members, of which Governor Harrison was. made President. The act provided that the Trustees were to establish as speedily as possible such University and to appoint a President to govern it, and four professors "for the instruction of youth in Latin, French, Greek and English languages, mathe- matics, natural philosophy, logic, rhetoric, and the law of Nature and nations." It was further provided that no particular tenets of religion should be taught in said University, and, whenever the funds of the University permitted, all students were to be educated free of charge. The establishment of a separate institution far the education of women and the raising of funds through a system of lotterie.s we.i^e ^],so a,utho.meese, and a study of history is simply a study of the development of these factors of civilization. Even in literature, where the author's ideal more nearly approaches the truth, perhaps, we see in the "plot" simply a development of one or more of these same essential elements. The growth of the Indiana school system follaws closely these same fundamentals, and we shall now attempt to trace them from the conception to the present time. In discussing any historical fact connected with any State we must begin with the two typical colonies of Eevolutionary fame. The two leadimg States of the American confederation, in population and force of ideas, were without question the two oldest — Virginia and Massachusetts. Situated so far apart, and with coordinate rather than conflicting material in- terests, they came tt)gether without a serious thought of rivalry. Both were drained heavily for the cost of the Eevolutionary War, but both remained stead- fast to the American cause and to one another. The soil of the one State drank the blood of the Eevolutionv and>that of the other the last. The social conditions of these two commonwealths were very different. THE "^EV^ ENGLAND CHARACTER. In Massachusetts appeared the fullest type of the New Englander, or "Yankee," already far reno^Yned as sharp, clever, tenacious, energetic, and of an encroaching disposition. Here flourished a republic founded on equal rights, the most successful experiment of the kind then known. The Legislature of Massa- chusetts was an aggregate of towns acting through town representatives. To this town system it was largely owing tliat the political machinery ran so 3moothl^^ Town meetings, the unit of self-government, brought men together for a primary education in affairs, and the neighborly association of citizens gave a powerful impulse to public spii'it. Boston was the abode of commerce and refinement. And yet the town was not so populous that the public operations which most concerned him might elude the keen eye of the private taxpayer. Wealth was not monopolized, but nearly all toiled for a living. Climate and soil alike favored energy of character, while each inhabitant found a great diversity of pursuits to chose from. Public schools had long flourished. Eeligious discipline was universally strict. Though family attachments were strong, aristocracy had no deep root. The New England character, strong in wrestling with imperfect opportunities and disputations, became busy with the concerns of a petty existence; the Yankee was a narrow interpreter of writings, because he reverenced ink and parchment; and saving, often niggardly in his economies, because, with harsh soil and climate, it was not easy to make a living. But the New Englander had backbone, audacity, habits of industry and a conscientious Introduction. 31 disposition. Experience and travel would v/iden his vision ; increasing wealth foster a more generous sentiment. Under slight reservation Massachusetts was liberalized New England; Boston was liberalized Massachusetts, and liberalized Boston carried the heaviest brains in America. THE VIRGINIAN. Viginia had very different advantages to boast of. Notwithstanding the liberal politics of her most enlig|itened sons, her institutions were at this time essentially aristocratic. This was owing partly to the circumstances under which the State had been colonized, partly to the enervating climate and spontaneous fertility of the land, which tempted those who could aflTord it to leave work to others and take their ease, and partly, of course, to the long continuance of slavery as part of the agricultural and social system. Virginia was colonized by gentlemen, and often helpless ones at that: blood and pedigree always ruled in her affairs. Tobacco was the great staple of a State given over to agriculture, whose great mineral resources had been scarcely developed, and whose manufactures and commei'ce were always insignificant. So few were the skilLed mechanics in this populous State in the early days that a rich planter, who could make lavish display of costly furniture and imported plate and linen, lodged not uncommonly in a rickety house, with smoky chimneys, broken window panes and doors which the ever-welcome guest had to claw open. There was a dash of chivalry, frankness and generosity about the true-blooded Virginian which made his leadership irresistible. And what more prolific mother of a nobility was there in the eighteenth century than the Old Dominion? Here Randolphs, Masons and Lees were men of ability, men of progress. ■■■■ * * The poor white of Virgtnia was not an interesting personage. The humbler native, leading a vagabond life and subsisting miserably, accepted the low estate to which he was born with little ambition to improve it. If a mechanic, his skill rarely Went beyond patching a shoe or stopping a leaky roof ; as a farmer, he left his corn and tobacco to scratch their way upward through the ill-dressed ground, while li-e sauntered idly about with his gun. He was, however, good natured, generous according to his means, and as hospitable, in a poor way, as the best gentleman he patterned after. He was fond of his State and its' great men, and loyal to some one of the families who contended for the honor of pocketing the borough in which he voted. He liked political excitement : elequence, of which Virginia had a Gppious supply, made his wild eyes glisten, and when his own candidate gave a sharp thrust, he slapped his long shanks and showed kis yellow teeth from ear to ear. He, like his superiors, had a turn for dissipatidn and low sports. '■•■ * * But Virginia character had always the same bold lines; its best development was invariably in the patrician rank, whose vices, as often happens under Hke conditions, the plebians copied more faithfully than their virtues. The Virginian was a born politician. He commonly received a good education ; yet wedded little to books, and growing up in an out-of-door atmosphiere, he led not so much fr«m force of scholarly attainments as from his capacity for profound convictions, his tact and sympa- thetic acquaintance with human nature. He did not domineer so offensively nor lose his temper so readily as his brethren of a lower latitude. To men of his calibre, some special incentive' is needful to iijspire heroic effort. Such was found in the effort to coerce the colonies into tributaries of George III. 32 SCHOOL LAW OF INDIANA. CAVALIER AND PURITAN IN INDIANA. From the New England colonies, Virginia, Kentucky and the Carolinas, of which Massachusetts and Virginia were typical, came the early settlers of Indiana. Draw a line from east to west through Indiana, the line touching the southern part of Marion County, and you find the settlers south of this line ieom Virginia and the other southern colonies, and north of it from New England, each bringing with them their peculiar ideas, customs and local laws. In the northern part of Indiana we find those who favor a strong local government, and if at any time they had contemplated centralized State govern- ment, the conduct of the mother country during the American Kevolution had engendered such an intense dislike for a strong centralized government, that the principle of such, aijplied to our public school system, was entirely out of the question. A new generation had to be educated, liberalized and driven to see the prime necessity of a State-controlled system of schools before a law similar to the one of 1852 would be countenanced. In the southern part of Indiana there existed the social inequality of the parent colonies. To place all on an equal footing before the law meant the break- ing down of those social. lines that had so long separated the poor from the rich; the gentleman from his more humble white neighbor. Not that these people were so much opposed to education as to the idea of admitting all to equal priv- ileges before the law. Here again was needed "a campaign of education," and in the course of time the first settlers had yielded the soil to those more liberal in their views, and who wei'e fully persuaded that the State was responsible for the education of all its citizens. Under these conditions the local school system of the Constitution of 1816 was all that could be expected. TRIUMPH OF THE NEW ENGLAND IDEA. A fair and impartial trial of this system for forty years, where its weakness was easily shown, proved that good arguments were all on the side of a central- ized system, supported by general taxation, and in which tuition should be free and equally open to all. Our Supreme Court understood this when in 1857 Judge Perkins rendered his decision in the case of City of Lafayette y. Jenners (lOInd. 76), when he says: "Under our former Constitution we had two systems of common schools, the general and the local (the local predominating), and the local had broken down the general, and neither had flourished. This was an evil distinc- tively in view of the convention that framed the new Constitution, and it was determined that the two systems should no longer co-exist; that the general system should continue, strenghtened by additional aids, and that the counteract- ing local system should go out of existence — should cease." THE DIFFICULTIES IT HAD TO OVERCOME. Thus, after the adoption of the Constitution of 1852, there was a strong antag- onism against the new system, and the courts after long and many delays decided against the prevalent idea, that local systems were superior to the general system, as unconstitutional. The Civil War came, and the theory "that all men are created equal " became a fact — a great advance toward political equality — while INTRODUCTION. 33 the advance toward social equality 'was equally great, as shown by the general and very liberal school law of 1865 that was enacted, and which, with a few changes, is still the law whose workings have attracted the attention of school men and legal minds of all our new States and many of the older States, particu- larly Michigan, whose State Superintendent of Public Instruction has recom- mended the abolition of the district system and the adoption of the township system instead. No greater social problem has ever come to a people of a State for solution than that of Indiana in the perfecting of her unique common school-system ; and no State has ever had more difficulties, inherent in the people, than those errone- ous ideas of society, which took deep root, extending even to the third and fourth generations, and which died with the opposition to the school laws of 1865 and 1873. LEGAL CONSTRUCTION OF THE SCHOOL LAAV. During the years 1854—65 many friends of education thought that the courts of Indiana were antagonistic to the common school system inaugurated by the acts of 1852 under the new Constitution, but a careful study of these laws will show that they were general laws in appearance only, but local in their applica- tion, and the courts interpreted the Constitution correctly, requiring all laws to be general, and unmistakably so. One erroneous idea, that the local corporations owned the school property, prevailed for a long time after the adoption of the new Constitution, but in November, 1882, the Supreme Court in an opinion by Judge Niblack, took the contrary view. Thus we see clearly the school property is the property of the State, and that trustees of corporations are agents of the State in managing the same. Another decision of our Supreme Court, in an opinion written by Judge Elliott, and found in 102 Ind. p. 367, is one in every way worthy of exhaustive study. Tlie court assumed the constitutionality of the law authorizing the com- mon councils of cities to levy a school tax to be applied to the payment of teachers. We see here how clearly the courts have established the fact that in our system of common schools the local conditions established by law are simply in- strumentalities in the administration of the general or State system, and not dis- tinct corporations. One more very important decision upon this line of argument must be referred to, viz.: that found in 122 Indiana, page 462, and relating to the constitutionality of the text-book law of 1889. In the argument before the court it was held by the attorneys attacking the law that our school system began as a distinct local system, and that any law which abridged the rights of local self-government was unconstitutional and void. The Supreme Court, Judge Elliott speaking in substance, said: "The con- trol of schools and school affairs is vested in the law-making power of the State, upon the principle that schools are intrinsically matters of State concern, and not of a local nature. Both by the Constitution and the intrinsic nature of the duty and the power, the authority is exclusively legislative, and the matter over which it is to be exercised solely of State concern." 3— ScH. Law. 34 SCHOOL LAW OF INDIANA. The court went to the fullest length and said : " These schools are owned and maintained by the State, and the State may prescribe the terms and condi- tions upon which pupils may enter them, except that it can not disregard the constitutional injunction that 'tuition shall be without charge, and equally open to all.'" These opinions clearly show that they have been written in the light of his- tory, and that these Judges speak from exj^erience when discussing the constitu- tional provisions, knowing, as they do, the failure of a distinctively local system to become general in practice as was provided for by the Constitution of 1816. It seems clear that our courts now stand favoring a strong centralized system of common schools, which gives a feeling of security not before enjoyed by the friends of education in our State. The acts of 1865 and later years have so fully expressed the constitutional intent that there is little left for a place of attack by those who still feel opposed to the present system through this strong centralizing tendency. IMPORTANT ENACTMENTS. In 1824, the prolific mind of Benjamin Parke saw the need of teachers who were qualified to teach in our public schools, and a law was enacted then, requir- ing all applicants for positions in the common schools to pass an examination to prove their fitness for the work they desired to undertake. At that time all other school laws were merely directory, but these relating to the examination of teachers were mandatory — the first instance of such a school law in the great West. By means of this crude, and in many respects, then im- perfect law, the public mind has been constantly reminded of the importance of some kind of preparation for teachers. Out of necessity has grown the county and township institutes, the State Nor- mal School, the State Board of Education, the several teachei-s' associations and the Teachers' Reading Circle. In the development of this question. State Super- intendent Harvey M. LaFoUette, in his report of 1887-8 (p. 86), says: "There has been a steady and very satisfactory impi-ovement in the technical qualifica- tions, standard of general educatio>n, and in the culture and general intelligence of the common school teachers of the State. The invaluable influence of the work of our State Normal School, and of the philosophical study of pedagogical science in our State University, has done much to direct the course of study and reading, and to determine the ideal standards of professional culture throughout the State. The Indiana Teachers' Reading Circle has been a powei'ful influence in securing the cultivation of a general taste for the reading of good literature, and for the study of historical and practical educational methods, and has been of incalculable benefit to the school teachers of the State." The establishment of these several institutions had in view the betterment of the common schools. The State Normal School was established December 20, 1865. The county institutes followed March 6, 1865 ; township institutes, March 2, 1889 ; State Board of Edu- cation, August 24, 1875 ; State Teachers' Association (voluntary), November, 1854; Indiana Teachers' Reading Circle (voluntary), December, 1883. The next important enactment, and the one still in force, was the one of 1883, requiring the enumeration of school children, and apportioning the school reve- nue according to this population. When the new Constitution was adopted this INTRODUCTION. 35 principle of distribution had been found so practicable under local school govern- ments that it was made the basis for the State. On the 6th of March, 1865, an act defining the school funds in accordance with the decision of our Supreme Court, in which it held "that the income from the sale of the land in section numbered sixteen shall be exclusively for the use of the inhabitants thereof," and naming the annual levy of sixteen cents on the hundred dollars' valuation and fifty cents poll to be denominated a State school revenue and ajaportioned as other revenues are apportioned. This act did not give an equal amount of revenue to each school corporation of the State, owing to great ineiqualities in the Congressional Township funds held by the several counties. This was removed by the act of March 11, 1873. A peculiar application of this law is found in Vanderburgh County, where the income of the Congressional Township fund is greater per capita than the per capita of the county, so the inhabitants of this Congressional Township have received none of the State's common school revenues for years, but their income from their Congressional fund is sufficient to give them a ten months' term of school in the year, and to pay good salaries as well. This is the only instance of the kind in the State, and this is owing to the fact that the land has never been sold, advancing in price rapidly on account of its location. THE STATE BOAKD OF EDLi^CATION. The State Board of Education, a board of professional educators, has been one of the most valuable agents in our educational progress. The board, as first constituted in 1852, consisted of State officers. In 1855 the Attorney-General was made a member and legal adviser, but this board exerted no appreciable influence on educational affairs until 1865, when its membership was made largely profes- sional, consisting of the Governor, Superintendent of Public Instruction, the Presidents of the State University, the State Normal School and the Superintend- ents of the largest three city schools in the State. In 1875 the President of Pur- due University was added, and in 1899 three additional members, appointed by the Governor, were added. The large discretionary powers given this board by statute make it one of the most potent agents in our educational system. The duties of this board have been fully set forth in another part of this paper. The County Superintendent is required by law to carry out the orders and instructions of this board. COUNTY MANAGEMENT OF SCHOOLS. In June, 1873, the present system of county management of schools in In- diana came into existence. It was not an accident of random legislation, but the legitimate and natural result of circumstances — the proper answer to a universal and popular demand. Our State had provided liberally for the establishment and maintenance of public schools, so far as money alone would accomplish the result. There was in our statutes a general provision for a system of public schools, but the system, so far as one had been evolved, lacked in several particu- lars the elements and conditions necessary to growth, vigor and efiectiveness. So the new law sought to gather up the fragments and to co-ordinate them into as many organs, giving them' certain functions to perform, and the various parts prescribed powers and duties. The county organization is so arranged that its utility depends upon the individual work of its members. The responsibility of 36 SCHOOL LAW OF INDIANA. setting in motion and rendering effective these implements was placed in the hands of a County Superintendent. The crisis in the educational affairs of the State had been reached. Further progress would depend upon the work of this officer. The powers and duties conferred upon him, although not very specific, were not guessed at, but were based upon an experience which had witnessed the defects and abuses of the old order of things and had shown the necessity for their elimination. Trustees had made serious mistakes in the building of school houses, in the purchase of apparatus and in the management of their finances, and must, therefore, have a helper and counselor; public officers, prompted by avarice, had withheld funds due the public for school purposes, or had diverted them from their proper channel. Somebody must correct this evil and secure the sacred funds. An army of teachers was at work, costing the State two millions of dollars a year, without any one whose business it was to look after the progress of their work, the sanitary condition of the schools, methods of teaching and discip- line, etc., so that improvements of a practical nature might be made, all proving conclusively that there must be a supervision of this work, or at least an inspec- tion of the same. With these duties before him, the County Superintendent began work twenty years ago. Compare the organization and work of the county boards of to-day with that of the primitive ones. Through committees especially qualified for the work assigned them we have improved the character of our school buildings, and instead of erecting buildings without any conveniences, we have been rajaidly sup- plying the places of the old frame and log houses with substantial brick ones, adapted in every respect to the needs of a school, as well as ornamental to the neighborhood, because of the elegant design. In the supply of furniture and apparatus great advance has been made. The absolute necessity for these auxil- iaries had long been recognized, but a systematic and economic method of selec- tion and purchase, and of utilizing them in the schools, remained for us to con- summate. The progress in another direction has been even greater. Out of the statutory edict, "He shall visit the schools," has grown a system of supervision that has never been equaled in extent and thoroughness and in beneficial results. By the Suiaerintendent's visitations and personal observations of the work in progress in the school rooms, evils growing out of defective teaching and management have, to a great extent, been eliminated. In the work of organizing the unorganized schools, the idea of uniformity in classification had its birth. Under the stimulus of our system of gradation and graduation our schools have progressed from a mechanical, listless, careless, irregular manner of working, that never accomplished any definite results, to that prompt, energetic, business- like method of taking up a task or line of work, and fully completing the same : The county superintendency has run the gauntlet of ten successive Legislatures successfully, through its strong appeal to the people as to its nature, purposes and utility, convincing them of its absolute necessity in the school administration. THE TEXT-BOOK QUESTION. State text-books— the first experiment in the West is found in Indiana. In November, 1853, the State Board of Education adopted, according to law, a series of text-books for use in the common schools of the State. INTRODUCTION. 37 The recommendations of the State Board were for the purpose of encouraging uniformity. In the records of this body (1857) we find the following concerning these recommendations : " Time has exhibited the wisdom of our choice. In no State of the Union have efforts for the introduction of a uniform series of text- books for schools been so successful as in Indiana, of which we may well feel proud." Local school officers who had the selection of the books were only too glad to find some guide in making their adoptions for townships, and in a large per cent, of the school corporations we find the series recommended by the State Board of Education very generally used in the State from 1853 to 1865. Text-books on the common school branches had so rapidly multiplied that local officers felt com- petent to select suitable books without the aid of the State Board of Education. The Legislature, in the session of 1865, relieved the Board of this responsibility, and placed the authority of this selection into the hands of the Township Trustees, where it remained till 1873. At the time of the organization of our county sys- tem the selection of text-books for the use of schools rested with the County Board of Education. Cities were exempt from the provisions of this act, but incorpo- rated towns were subject to its provision the same as townships. This law re- mained in force sixteen years. STATE TEXT-BOOKS. In 1889 the General Assembly believed that school books should be fur- nished more cheaply, and accordingly a maximum price was fixed for the fitteen books provided for. The State Board of Education was to act as a Board of Text-book Commissioners for the State and to contract with the publishers, or authors, or compilers of books, to be bought outright, or published by the Com- mission. The law encountered bitter opposition, but the Supreme Court held it to be both constitutional and mandatory. A full series of common school text-books has been adopted under this, and a contract entered into between the Indiana Board of Text-book Commissioners and the publishers for a period of five years from the date of adoption. Bequisi- tions are made by the local school officers for books to the County Superintend- ent, who in turn makes them upon the Superintendent of Public Instruction, who again forwards them to the publishers. Eeports of sales are made quarterly by the local school officers to the County Superintendent, who again reports to the publishers. Patrons of the public or private schools obtain these books from their respective local school officers upon the payment of the following prices in cash . Spellers, 10 cents; first readers, 10 cents; second readers, 15 cents; third readers, 25 cents ; fourth readers, 30 cents ; fifth readers, 40 cents ; complete arithmetic, 45 cents ; . elementary arithmetic, 35 cents ; . complete geography, 75 cents ; elementary geography, 20 cents ; complete English grammar, 40 cents ; elementaiy English grammar, 25 cents; complete physiology, 60 cents; elemen- tary physiology, 30 cents ; history of the United States, 60 cents ; copy-books, 5 cents each. 38 SCHOOL LAW OF INDIANA. COMPULSORY EDUCATION. In 1897 the General Assembly enacted a compulsory education law which has worked well. The attendance in the schools has been greatly increased by the enforcement of this law. FUTURE LEGISLATION. The subjects requiring careful consideration are (a) the high schools and high school inspection, (b) county institutes, and (c) the welfare of the rural schools. LEGAL DUTIES OF SCHOOL OFFICIALS* CONSTITUTIONAL PROVISIONS. ARTICLE VIII. EDUCATION. [In force November 1, 1851.] 1. Knowledge and learning generally diffused throughout a community being essential to the preservation of a free government, it shall he the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientitic and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge and equally open to all. 2. The Common School Fund shall consist of the Congressional Township Fund, and the lands belonging thereto ; The Surplus Revenue Fund; The Saline Fund, and the lands belonging thereto ; The Bank Tax Fund, and the fund ai-ising from the one hundred and four- teenth section of the Charter of the State Bank of Indiana; The fund to be derived from the sale of county seminaries, and the moneys and property' heretofore held for such seminaries; from the fines assesssed for breaches of the penal laws of the State, and from all forfeitures which may accrue; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance ; All lands that have been or may hereafter be granted to the State when no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress of the twenty-eighth of September, one thousand eight hundred and fifty, after deducting the expense of selecting and draining the same; Taxes on the property of corporations that may be assessed by the General Assembly for Common School purposes. 3. The principal of the Common School Fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of Common Schools, and to no other purpose whatever. 40 • SCHOOL LAW OF INDIANA. 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the Common School Fund as have not heretofore been entrusted to the several counties, and shall make provision, by law, for the distribution among the several counties of the interest thereof. 5. If any county shall fail to demand its proportion of such interest, for Common School purposes, the same shall be reinvested for the benefit of such county. 6. The several counties shall be held liable for the preservation of so much of said fund as may be entrusted to them, and for the payment of the annual interest thereon. 7. All trust funds held by the State shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. 8. The General Assembly shall provide for the election, by the vote of the State, of a State Superintendent of Public Instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. SUPERINTENDENT OF PUBLIC INSTRUCTION. There shall be elected by the qualified voters of the State, at a general elec- tion, a State Superintendent of Public Instruction, who shall hold his office for two years. Commencement or Term — Oath. His office term shall commence on the fifteenth day of March succeeding his election. He shall take and subscribe the oath prescribed by law, which proceeding shall in all things conform to the law relative to the oaths of public officers. Duties. The Superintendent shall be charged with the administration of the system of public instruction and a general superintendence of the business relating to the common schools of the State, and of the school funds and school revenues set apart and appropriated for their support. He shall render an opinion, in writing, to any school officer asking the same, touching the administration or construction of the school law. Report to Governor. In the month of January in each year in which there is no regular session of the General Assembly, he shall make a brief report, in writing, to the Governor, indicating, in general terms, the enumeration of the children of the State for common school purposes, the additions to the permanent school fund within the year, the amount of school revenue collected within the year, and the amounts proportioned and distributed to the schools. Report to GENERAii Assembly. At each regular session of the General Assembly, on or before the fifteenth day of January, said Superintendent shall present a biennial report of his administration of the system of public instruction, in which he shall furnish a brief exhibit — First. Of his labors, the results of his experience and observation as to the operation of said system, and suggest the remedy for observed imperfections. Second. Of the amount of the permanent school funds, and their general condition as to safety of manner of investment; the amount of revenue annually derived therefrom, and from other sources; estimates for the following two years, and the estimated value of all other property set apart or appropriated for school purposes. LEGAL DUTIES OF SCHOOL OFFICIALS. 41 Third. Of such plans as he may have matured for the better organization of the schools, and for the increase, safe investment, and better pi-eservation and management of the permanent school funds, and for the increase and more econom- ical expenditure of the revenue for tuition. Fourth. He shall present a comparison of the results of the year then closing with those of the year next preceding, and, if deemed expedient, of years preced- ing that, so as to indicate the progress made in the business of public instruction. Fifth. He shall furnish such other information relative to the system of public instruction — the schools, their permanent funds, annual revenues, etc. — as he may think to be of interest to the General Assembly. He shall append to his report statistical tables, compiled from the materials transmitted to his office by the proper officers, with proper summaries, averages and totals appended thereto. He shall append a statement of the semi-annual collections of school revenue, and his apportionment thereof ; and when he deems it of sufficient interest to do so, he shall append extracts from the correspondence of school officers, tending to show either the salutary or defective operation of the system or of any of its parts ; and shall cause ten thousand copies to be printed and distributed to the several counties of the State. Duties. He shall visit each county in the State at least once during his term of office, and examine the Auditor's books and records relative to the school funds and revenues, with a view to ascertain the amount and the safety and preserva- tion of said funds and revenues ; and, for that purpose, he shall have access to, and full power to require for inspection the use of the books and papers of the Auditor's office. Whenever he may discover that any of the school funds are un- safely invested and unproductive of school revenue, or that any of the school revenues have been diverted from their proper objects, he shall report the same to the General Assembly. He shall meet with such school officers as may attend his appointment, counseling with the teachers, and lecturing upon topics calculated to subserve the interests of popular education. Tkaveling expenses. He shall receive, for traveling and other expenses while traveling oi: the business of the department, a sum not exceeding six hun- dred dollars per annum ; and an appropriation of that amount is hereby made for that purpose, annually. Supervision op school funds. He shall exercise such supervision over the school funds and revenues as may be necessary to ascertain their safety, and secure their preservation and application to the proper object ; and cause to be instituted, in the name of the State of Indiana, for the use of the proper fund or revenue, all suits necessary for the recovery of any portion of said funds or revenues. It is hereby made the duty of the proper Circuit Prosecuting Attorney to prosecute all such suits at the instance of the Superintendent, and without charge against said funds or revenue. May kequire reports. He may require of the County Auditors, County Superintendents, County Treasurers, Trustees, Clerks and Treasurers, copies of all reports required to be made by them, and all such other information in rela- tion to the duties of their respective offices, so far as they relate to the condition of the school funds, revenues and property of the common schools and the condi- tion and management of such schools, as he may deem important. Blanks and forms. He may prepare, and transmit to the proper officers, suitable forms and regulations for making all reports, and the necessary blanks 42 SCHOOL LAW OF INDIANA. therefor, and all necessary instructions for the better organization and govern- ment of common schools, and conducting all necessary proceedings under this act. FoKMS OF Book-keeping. Forms and modes of book-keeping shall, from time to time, be prescribed for County Auditors and County Treasurers by the State Superintendent of Public Instruction. Shall Publish School Laws. He shall cause as many copies of the acts of the General Assembly in relation to the common schools or the school funds, with necessary forms, instructions and regulations, to be from time to time printed and distributed among the school townships, as he shall deem the public good requires. General. At the expiration of his term of office, he shall deliver to his successor possession of the office and all books, records, documents, papers and other articles pertaining or belonging to his office. STATE BOAED OF EDUCATION. The Governor of the State, the State Superintendent of Public Instruction, the President of the State University, the President of Purdue University, the President of the State Normal School, and Superintendents of Common Schools of the three largest cities in the State, and three citizens of prominence actively engaged in educational work in the State, appointed by the Governor, at least one of whom shall be a County Superintendent, none of whom shall be appointed from any county in which any other member of the State Board of Education resides, or from which any other member was appointed, shall constitute a Board to be denominated the Indiana State Board of Education. The size of the cities shall, for this purpose, be determined by the enumeration of children for school purposes, annually reported by County vSuperintendents to the Superintendent of Public Instruction. The Superintendent of Public Instruction shall, ex officio, be President of the Board ; and in his absence the members shall elect a President pro tempore. The Board shall elect one of its members Secretary and Treasurer, who shall have the custody of its records, papers and effects, and shall keep min- utes of its proceedings: Provided, That such records, papers, effects and minutes shall be kept at the office of the Superintendent, and shall be open for his inspec- tion. The said Board shall meet, upon the call of the President or a majority of its members, at such place in the State as may be designated in the call ; and shall devise, adopt and procure a seal, on the face of which shall be the words, "Indiana State Board of Education," and such other device or motto as the Board may direct — an impression and written description of which shall be re- corded on the minutes of the Board and filed in the office of the Secretary of State ; which seal shall be used for the authentication of the acts of the Board and the important acts of the Superintendent of Public Instruction. Duties and Powers. Said Board, at its meetings, shall perform such duties as are prescribed by law, and may make and adopt such rules, by-laws and regu- lations as may be necessary for its own government, and for the complete carrying into effect the provisions of the next section of. this act, and not in conflict with the laws of the State; and shall take cognizance of such questions as may arise in the practical administration of the school system not otherwise provided for, and duly consider, discuss and determine the same. Traffic in Questions. Whosoever shall sell, trade, barter or give away, or offer to sell, barter or give away, to applicants for license, or to any other person. LEGAL DUTIES OF SCHOOL OFFICIALS. 43 or whosoever shall bu,y, purchase, trade or barter for, or accept as donee, the ques- tions prepared b)' the State Board of Education, to be used by County Superin- tendents in the examination of teachers, or in any way dispose of or accept as donee said questions contrary to the rules prescribed by said State Board of Edu- cation, shall be deemed guilty of a misdemeanor; and on conviction shall be fined in any sum not less than fifty nor more than five hundred dollars. State Ceetificates. Said Board may grant State certificates of qualification to such teachers as may, upon a thorough and critical examination, be found to possess eminent scholai-ship and professional ability, and shall furnish satisfactory evidence of good moral character. They shall hold stated meetings, at which they shall examine all applicants, and those found to possess the qualifications herein above named shall receive such certificate, signed by the President of the Board, and impressed with the seal thereof; and the said certificate shall entitle the holder to teach in any of the schools of the State without further examination, and shall also be valid dui-ing the lifetime of said holder, unless revoked by said Board. Each applicant for examination shall, on making application, pay to the Treasurer of the Board five dollars as a fee. Pay and Mileage of Boakd. The members of said Board, other than the Governor and State Superintendent of Public Instruction, shall be entitled to receive for their services, while actually engaged in the duties of their ofiice, five dollars per day and five cents per mile necessarily traveled while so engaged; which amount shall be certified by the Board to the Auditor of the State, who shall draw his warrant therefor, payable out of the general fund, which sum shall be reimbursed to the general fund by the Treasurer of the Board paying into it that amount out of the money received by him as fees for certificates ; and if there be any residue of money received as such fees, it shall be expended by the Super- intendent of Public Instruction in the purchase of suitable books for an office library. Said Board shall be allowed the necessary expenses incurred in the discharge of the duties required of the same, for clerk hire, postage, etc., which expenses shall be paid as the expenses of the members of the Board are paid. County Superintendent. The Township Trustees of each county of this State shall meet at the office of the Auditor of their county on the first Monday of June, 1899, at 10 o'clock a. m., and every fonr years thereafter, and elect by ballot a County Superintendent for their county. Such County Superintendent, unless sooner removed, shall hold his offic© until his successor is elected and qualified. Before entering upon the duties of his office he shall subscribe and take an oath to perform faithfully such duties according to law, which oath shall be filed with the County Auditor. He shall also execute a bond, with freehold security, to the approval of the County Auditor, payable to the State of Indiana, in the penal sum of five thousand dollars, conditioned upon the faithful discharge of his duties according to the law, and faithfully to account for and pay over to the proper persons all moneys and property in connection with his duties under the text-book law which may come into his hands by virtue of such office. As soon as such bond be filed, the County Auditor shall report the name and postoffice ad- dress of the person so elected to the State Superintendent of Public Instruction. Whenever a vacancy may occur in the office of County Superintendent, the said Township Trustees, on at least three days' notice given by the County Auditor, shall assemble at 10 o'clock a. m. on the day designated in such notice at the office of such Auditor, and fill such.vacancy by ballot for the unexpired term. In 44 SCHOOL LAW OF INDIANA. all elections of a County Superintendent the County Auditor shall be clerk of such election, and in case of a tie vote the Auditor shall cast the deciding vote. Such Auditor shall keep a record of such election in a book kept for that purpose. Any County Superintendent may be impeached for immorality, incompetency or general neglect of duty, or for acting as agent for the sale of any text-book, school furniture, maps, charts or other school supplies, and such impeachment proceedings shall in all things be governed by the pi'ovisions of law now in force for impeaching county ofHcers. No person shall be eligible to or shall hold the office of County Superin- tendent unless he hold at the time of his election a thirty-six months' license, or life or professional license, to teach in the public schools of this State : Provided, That nothing herein contained shall affect the title of any County Superintendent now in office or disqualify him for re-election at the next election of County Superintendent. DUTIES OF THE COUNTY BOARD OF EDUCATION. The Board shall meet semi-annually at the office of the County Superin- tendent on the first days of May and September (unless the said days be Sunday, and if so on the day following), a majority of whom shall constitute a quorum; also on the first Monday in May to elect truant officers. EULES CONCERNING THE COUNTY BOARD. The Board having met on the first day of September, they have a right to adjourn from day to day until the business before them is completed. But if they adjourn sine die they have no right to meet any more until the first day in May. In the absence of the County Superintendent the Board may appoint one of its members President pro tern. No action can be taken by the 'Board unless a majority of all the members are present. Some questions require a majority vote, and others a unanimous vote of all members of the Board. It is very important that school officers and County Boards should make a careful record of their proceedings. If a Board takes any legal action, and fails to record it, and makes an incorrect record, the record can be amended by order of the Board at a subsequent meeting. The County Board of Trustees have the right to make such rules and regula- tions, according to law, as will tend to promote the good of the public schools ; and it is the duty of the teachers to carry out such rules in good faith. The County Board of Education has no power to make contracts; but all or any number of the Trustees may join together in purchasing or contracting for supplies; and such action may often be advisable. It is not, however, the action of the Board. The graded schools of incorporated towns are under the same control of the County Board as any of the schools of the township. Cities alone are excepted. Each Trustee should give full force and effect to the Rules, Regulations and Course of Study adopted by the County Board, by adopting them himself and by requiring his teachers' contracts to conform to them, so far as they may be in accordance with the law. LEGAL DUTIES OF SCHOOL OFFICIALS. 45 The Rules and Regulations adopted by County Boards and by Trustees should be of a very general character, applicable to all schools alike, and not such as would trespass upon the rights of the teacher or embarrass him in his work. DUTIES OF THE COUNTY SUPERINTENDENT. 1. The County Superintendent shall have the general superintendence of the schools of the county. 2. He shall attend each Township Institute at least once in each year, when he shall preside at the same and conduct its exercises. 3. He shall visit each school of the county at least once a year, for the pur- pose of increasing its usefulness and elevating, as far as practicable, the poorest schools to the best. 4. He shall conduct and encourage Teachers' Institutes and Associations, and shall labor in every practicable way to elevate the standard of teaching and to improve the condition of the schools of the county; but can not conduct a county or private normal school. 5. The County Superintendent shall hold at least one public examination, beginning on the last Saturday of January, February, March, April, May, June, July and August of each year. In no case shall he grant a license upon a private examination, but special public examinations may be held at any time upon written request of School Boards. 6. The County Superintendent shall have power to revoke licenses granted by him or his predecessors, or hereafter granted by the State Superintendent of Public Instruction, for incompetency, immorality, cruelty, or general neglect of the business of the school; due notice in writing of revocation must be given to the teacher, who may appeal to the State Superintendent of Public Instruction ; and the revocation of the license of' any teacher shall terminate his employment in the school which such teacher may have been employed to teach. 7. When any Trustee shall neglect to file with the County Superintendent an enumeration of the children of the township, town or city, the County Super- intendent shall, immediately after the first day of May in each year, employ a competent person to take the same, and allow a reasonable compensation for such service, payable from the special school revenue of the township. 8. The County Superintendents are required to hold, or cause to be held., Teachers'* Institutes at least once a year in their respective counties. 9. They provide for examination of all applicants for graduation in the common school branches from township, district or town schools upon questions furnished by the State Board of Education. DUTIES OF TRUSTEES. 1. The Trustees shall take charge of the educational affairs of their respective townships, towns and cities. 2. They shall employ teachers, establish and locate, conveniently, a sufficient number of schools for the education of the children therein^ and build and other- wise provide suitable houses, furniture, apparatus, and other articles and educa- tional appliances necessary for the thorough organization and efficient manage- ment of said schools. 46 SCHOOL LAW OP INDIANA. 3. They may also establish and maintain in their respective corporations at least one separate graded high school, to which shall be admitted all pupils who are sufficiently advanced. The Trustees of two or more school corporations may establish and maintain joint graded high schools in lieu of separate graded high schools. No graded high school can be built unless there is at least fifteen com- mon school graduates of school age residing in the township. Instead of building a high school he may send his high school pupils to an adjoining corporation and pay their tuition. 4. They shall keep accurate accounts of the receipts and expenditures of such revenues. 5. They shall keep a record of all their proceedings relative to the schools, including all orders and allowances, and accounts of all receipts and expenditures, distinguishing between the State school revenue and the special school revenue. 6. They shall maintain in each school corporation a term of school at least six months in duration. 7. They shall provide for the teaching of the German language as a branch of study when the parents or guardians of twenty-five or more pupils of a school demand it, 8. They shall cause the doors of the school houses to swing outward. 9. They may require special examination of teachers in the special branches authorized by school meetings. 10. They are empowered to hear and determine appeals from the Directors on the exclusion of pupils from school. 11. They must make a complete report each year to the Township Advisory Board. DUTIES OF DIKECTOKS. 1. The Director of each school shall preside at all meetings of the inhabit- ants connected therewith, and record their proceedings. 2. He shall also act as the organ of communication between the inhabitants and the Township Trustee. 3. He shall take charge of the school house and property belonging thereto, under the general order and concurrence of the Trustee, and preserve the same; and 4. Shall make all temporary repairs of the. school house, furniture and fix- tures, and provide the necessary fuel for the school, reporting the cost thereof to the Trustee for payment. 5. He shall visit and inspect the school from time to time, and, when neces- sary, may exclude any refractory pupil therefrom; but the exclusion of any puj^il from the school for disorderly conduct shall not extend beyond the current term, and may be, in the discretion of the Director, for a shorter period. The decision of the Director in excluding a pupil shall be subject to appeal to the Township Trustee, whose decision shall be final. DUTIES OF TEACHEES. 1. It is the duty of the teacher to carry out in good faith the rules and reg- ulations of the County Board and Trustees. 2. The teacher should exercise care over the school property in his charge. LEGAL DUTIES OF SCHOOL OFFICIALS. 47 3. A teacher may punish a pupil with kindness, prudence and propriety, for disobedience of his proper commands. 4. Teachers should be very careful how they punish pupils for what they do or say away from the school premises, and should nevef undertake to punish for such behavior, unless it seems necessary for the preservation of discipline in the school. 5. Except on account of sickness, teachers are required to be present at each monthly township institute. 6. Teachers must perform such reasonable duties as are assigned to them at such institutes. 7. The law requires the teacher to make a report to the Trustee at the end of the term for which said teacher shall have been employed, and to truant officers when required. DUTIES OF PAEENTS AND GUAKDIANS. 1. All taxpayers who are parents, guardians or heads of families, except married women and minors, are entitled to vote in school meetings in the district to which they are attached. 2. A school meeting may be called at any time by the Director or any five voters, five days' notice being given by posting in five public places in the vicinity. 3. School meetings have power to determine what branches shall be taught in addition to those required by law. They have power to fill vacancies in the office of Director ; to direct such repairs as they deem necessary in their school house and to petition the Township Trustee for the removal of their school house to a more convenient location, for the erection of a new one, or the sale of an old one and the lands belonging thereto, and upon any other subject connected there- with. When such meetings shall petition the Trustee in regard to repairs, removal, or erection of a school house, they shall also furnish to such Trustee an estimate of the probable cost of such repairs, removal or erection. 4. Patrons are by law entitled to protest against the employment of any teacher; but they are not empowered to select teachers. A majority of those enti- tled to vote at school meetings may prevent the employment of any teacher whom they do not wish to have employed by voting to that efTect at any regular meeting. 5. A majority of such voters may, by petitioning the Township Trustee, secure the dismissal of the teacher, upon due notice and for good cause shown. 6. When a pupil is excluded from a school by a Director, a parent, or guar- dian, or the pupil himself, may appeal from the decision of the Director to the Trustee, whose decision is final. 7. Parents, guardians or others are prohibited by law from upbraiding a teacher in the presence of the school, from any cause, fancied or real. 8. When a majority ^f the persons entitled to vote at school meetings desire that a private school be taught in a school house not occupied by public school or desire the use of the school house for other purposes, and make application to the Trustee, it is the duty of the Trustee to permit the use of the building for the private school or to authorize the Director to permit its use for the other purposes. 9. A majority of the voters of a district may petition the Trustee for the abandonment of their school or schools, and the consolidation of said school with another district or corporation. 48 SCHOOL LAAV OF INDIANA. CALENDAR SHOWING WHEN THE DUTIES OF SCHOOL OFFICERS MUST BE PERFORMED. January, Last Monday. — Distribution of the School Revenue for Tuition to School Corporations, made by County Auditor, and reported to State Superin- tendent. First Tuesday after first Monday in January, annual settlement of Township Trustee with Advisory Board. February 1. — First payment of transfer funds. April 10. — Enumeration of School Children by Trustees, to be completed before the first of May. May 1. — Meeting of County Board of Education — Trustees' Reports of Enu- meration must be filed with the Superintendent. First Monday in May, the elec- tion of Truant Officers. May 15. — County Superintendent's Report of Enumeration is due to State Superintendent. June, Third Monday. — Auditor's Semi-annual Report of School Revenue for Apportionment is due State Superintendent. June 1. — County Superintendent Reports to County Auditor Basis of Appor- tionment, made from lists of enumeration. June, First Monday — County Commissioners meet, receive Reports from Aud- itor and Treasurer, and report condition of School Funds to State Superintendent. Auditor at the same time reports transfers of Congressional Township School Fund. June, First Monday, Quadrennially. — Election of County Superintendent. June, Early. — County Superintendent reports names of Teachers licensed to State Superintendent — Election of City and Town Trustees. They must give bonds and qualify within ten days. Auditor reports their names to State Superintendent. .luly. Second Monday. — Distribution of School Revenue to School Corpora- tions, made by County Auditor and reported to State Superintendent. July 30. — Second payment of transfer funds. July, Late. — Post notices of the several estimates and amounts of the pro- posed annual expenditures, and the rate of taxation proposed for the several funds to be expended during the next calendar year. August, First Week. — Publishes the above notice in two leading newspapers of the county; and furnishes estimates to each member of the Township Advisory Board. August 1.- — Beginning of School Year. August, First Monday. — Trustees' Statistical Report to County Superintend- ent. Financial Report to County Commissioners. Must file a copy of the report to Commissioners with County Superintendent within ten days. September 1. — Meeting of County Board of Education — County Superintend- ent's Statistical and Written Reports to State Superintendent. September — First Tuesday. — Make Financial Report to Township Advisory Board. October, First Saturday. — Election of School Directors. November. — General Election. Election of Township Trustees for four years. December 25, or Earlier. — Auditor's Semi-annual Rejiort of School Revenue for Apportionment and Annual Settlement-sheet of Interest, due to State Super- intendent. Last Saturday in January, February, March, April, May, June, July and August. — Public Examination of Teachers. LEGAL DUTIES OF SCHOOL OFFICIALS. 49 SCHEDULE OF BLANKS ISSUED BY THE STATE SUPEEINTENDENT. To CoHnty Auditors, Forms 1, 4, 5, 7, 7 (a), 16, 17, 21. To County Superintendents, Forms 3, 8, 12, 12 (a), 13, 18. To County Commissioners, Form 6. To Township Trustees, Form 2. To City Superintendents, Form 11. EXPLANATION OF FOKMS OR BLANKS. Form 1. January distribution of school revenue, due last Monday in January. Form 2. Enumeraiion of school children. Form 3. Eeport of enumeration, due May 15. Form 4. Revenues for apportionment (June). Form 5. July distribution of school revenue. Form 6. Condition of funds held by counties, due in June. Form 7. Names of School Trustees of cities and towns, due in June. Form 7 (a). Name of Township Trustees, due in November. Form 8. Names of teachers licensed. Form 11. Application for High School Commissions. Form 12. County Superintendent's statistical report, due September 1. Form 12 (a). County Superintendent's financial report, due September 1. Form 13. Names and reports of private schools, due in September. P^orm 16. Revenues for apportionment (December), due December 25. Forni 17. Names and addresses of County Superintendents, due June 7. Form 18. Requests for examination questions, due January 15. Form 21. Special school revenue distribution, due in June. 4 — ScH. Law; 50 SCHOOL LAW OF INDIANA. CHAPTER I. CONSTITUTIONAL PKOVISIONS. Sec. 1. Common schools. 2. Common school fund. 3. Principal, a perpetual fund. 4. Investment and distribution. Sec. 5. Reinvestment. 6. Counties — Liability. 7. Trust funds inviolate, 8. Superintendent of Publiclnstruetion, AKTICLE VIII. [In force November 1, 1851.1 1. Common Schools. 1. Knowledge and learning generally diffused throughont a community being essential to the preser- vation of a free government, it shall be the duty of the Gen- eral Assembly to encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge and equally open to all. (R. S. 1881, § 182; R. S. 1894, § 182; R. S. 1897, § 182.) 1. Schools a State Institution. Under our former Constitution we had two systems of common schools, the general and local ; hut the local broke down the general system, and neither had flourished. This was an evil distinctly in the view of the conventioa which framed the new Constitution, and it was de- termined that the two systems should no longer co-exist; that the one general system should continue, strengthened by additional aids, and that the counter- acting local systems should go out of existence. Common schools, as a whole, are made a State institution — a system co-extensive with the State, embracing within it every citizen, every foot of territory, and all the taxable propeity of the State. — City of Lafayette v. Jenners, 10 Ind. 76 and 77; Greencastle Tp. v. Black, 5 Ind. 557. 2. General. Our common school system must be general, that is, it must extend over and embrace every portion of the State. — Corey v. Carter, 48 Ind. 358. 3. Uniform. It must be uniform. This is secured when all the schools of the. same grade have the same system of government and discipline, the same branches of learning taught, and the same qualifications for admission. — Corey v. Carter, 48 Ind. 358. 4. Classification. The schools must be equally open to all. But the Leg- islature may classify the pupils to be admitted, with reference to age, sex, advance- ment and branches of study to be p>ursued, and may designate to what schools and what school houses the diflferent ages, sexes and degrees of proficiency shall be assigned. — Corey v. C'^rter, 48 Ind. 358. SCHOOL LAW OF INDIANA. 51 5. Colored PupiI/S. To require the -white and colored children to be taught separately, provision being made for the education of each in the same branches, according to age, capacity or advancement, with capable teachers, does not amount to a denial of equal privileges to either, or conflict with the open char- acter of the system required by the Constitution. — Corey v. Carter, 48 Ind. 358. 6. Legislature does not Levy. The above section does not require the Legislature to levy all school taxes nor prohibit it from providing by general law for the levying of school taxes by the local school authorities. — Robinson v. Schenck, 102 Ind. 307. 7. Legislative Power. The Legislature is given full power under this sec- tion to provide for a general and uniform system of common schools, and such power necessarily resides in it, although it be not given by the Constitution. It may prescribe the course of study and the system of instruction that shall be pur- sued and adopted, as well as the books which shall be used. — State v. Haworth, 122 Ind. 462. 2. Common School Fund. 2. The Common School Fund shall consist of the Congressional Township Fund and the lands belonging thereto ; The Surplus Revenue Fund ; The Saline Fund, and the lands belonging thereto ; The Bank Tax Fund, and the fund arising from the one hun- dred and fourteenth section of the Charter of the State Bank of Indiana ; The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such semi- naries ; for the fines assessed for breaches of the penal laws of the State, and from all forfeitures which may accrue; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance ; All lands that have been or may hereafter be granted to the State when no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress, of the twenty-eighth day of September, one thousand eight hundred and fifty, after deducting the ex- pense of selecting and draining the same ; Taxes on the property of corporations that may be assessed by the General Assembly for common school purposes. (R. S. 1881, § 183; R. S. 1894, § 183; R. S. 1897, § 183.) 1. Consolidation Void. In so far as this section attempts to consolidate the Congi-essional Township Fund with other funds, it is inoperative. The provisions of the School Law of 1852, which were designed in pursuance of this section to 52 SCHOOL LAW OF INDIANA. effect sucli consolidation, are in contravention of the subsequent section 7, and of the congressional grant to the townships. — State y. Springfield Tp., 6 Ind. 83; Davis V. Indiana, 94 U. S. 792. 2. Sale of Seminaries Void. The provisions authorizing the sale of County Seminaries is void, impairing the obligation of contracts.— Edwards v. Jagers, 19 Ind. 407. Compare Heastcn v. The Board, 20 Ind. 398. 3. Penalties. The fact that a penalty under E. S. 1894, g8465, for making a false tax list, is to be paid into the County Treasury, for the use of the county, does not bring tlie statute into conflict with this section of the Constitution, for such penalty is not a fine in the sense of the word as there used. Burgh v. State, 108 Ind. 132. So the statute turning over certain fines assessed for immorality, to the Ho7m for Friendless Women, is valid, sec. 6243, K. S. 1881; E. S. 1894, §8346.— City of Indianapolis v. Indianapolis Home, 50 Ind. 215. 4. Escheated Eeal Estate. Under this section it is "the fund to be derived from the sale of escheated real estate," and not such real estate itself, which becomes a part of the Common School Fund. — State v. Meyer, 63 Ind. 33. 5. EsTKAYS. Money arising from the sale of estrays and property adrift, be- longs to the School Fund by virtue of the act of 1844, p. 86, and E. S, 1881, § 235 ; E. S. 1894, § 235 ; E. S. 1897, § 235. 6. See I 359 and notes. 3. Principal, a Perpetual Fund. 3. Tlie principal of the Common School Fund shall remain a perpetual fund, which may be increased, but shall never be diminished ; and the in- come thereof shall be inviolably appropriated to the snpport of common schools and to no other purpose whatever. (R. S. 1881, § 184; R. S. 1894, § 184; R. S. 1897, § 184.) 1. DiVEKSioN. This "fund must be devoted to the support of the common schools, without the diversion from it of a penny for any other purpose whatever." —Board v. State, 120 Ind. 282. 2. Authority of Courts to Investigate. The money due the School Fund can not, by any legislative contrivance, be kept out of it, nor can any legis- lative scheme be framed that will preclude the courts from ascertaining the facts. No official statement can preclude the proper authorities and erect a barrier between them and the way to a recovery of money which the Constitution imper- atively ordains shall inviolably and without diminution be preserved for school purposes. A statute making the statement of the County Auditors as to the amount of school funds held in trust by their respective counties, when approved by the Superintendent of Public Instruction, "conclusive evidence of the facts therein contained," is unconstitutional. — Board v. State, 120 Ind. 282. 4. Investment and Distribution. 4. The General As- sembly shall invest, in some safe and proiitable manner, all such portions of the Common School Fund as have not heretofere been entrusted to the several counties, and shall make provision, by law, for the distribution among the several counties of the SCHOOL LAW OF INDIANA. 53 interest thereof. (R. S. 1881, § 185 ; E. S. 1894, § 185 ; R. S. 1897, § 185.) 1. "Invest" Defined. The word "invest" is construed as broad enough to cover loans made by counties, and that the fund may be entrusted to them for that purpose, but it does not restrict to that mode of investment. — Shoemaker ■». Smith, 37 Ind. 122. 5. Reinvestment. 5. If any county shall fail to demand its proportion of such interest, for Common School purposes, the same shall be reinvested for the benefit of such county. (R. S. 1881, § 186 ; R. S. 1894, § 186 ; R. 8. 1897, § 186.) 6. Counties — Liability. 6. The several counties shall be held liable for the preservation of so much of said fund as may be entrusted to them, and for the payment of the annual inter- est thereon. (R. S. 1881, § 187 ; R. S. 1894, § 187 ; R. S. 1897, § 187.) 1. Rents. A county is liable for rents derived from unsold congressional township land. — Davis v. Board, 44 Ind. 38. 2. Stjit. An action may be sustained in the name of the State on the rela- tion of the Board of County Commissioners to recover rent received by a Town- ship Trustee for the lease of unsold school lands belonging to the sixteenth section, and not paid by such Trustee into the county treasury. — Davis v. Board, 44 Ind. 38 ; Davis v. Indiana, 94 U. S. (4 Otto) 792. 3. Money for the Eent of Unsold School Lands. Money derived from the rents of unsold school lands belonging to the sixteenth section is to be paid into the county treasury, to insure its just and equitable distribution to the inhab- itants of the congressional township in which such section lies. — Davis v. Board, 44 Ind. 38. 4. Policy of the Law. It is the policy of the law that all school revenues are to be distributed to the beneficiaries thereof through and from the county treasury to the proper officers of the various school corporations — cities, towns and civil townships. — Davis v. Board, 44 Ind. 38. 7. Trust Funds inviolate. 7. All trust funds held by the State shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. (R. S. 1881, §188; R. S. 1894, §188; R. S. 1897, § 188.) 1. Expense of Management. The Constitution requires the counties to bear the expense of managing the School Fund ; and if they pay out any part of the fund for such expense they are liable to make the loss good. — Board' v. State, 103 Ind. 497; Vanarsdall v. State, 65 Ind. 176; State v. Board, 90 Ind. 359; Board v. State, 116 Ind. 329. 2. Direct Trust — Statute of Limitations Inoperative. The county, in receiving and disbursing the School Fund, acts as the trustee of a direct trust, and 54 SCHOOL LAW OF INDIANA. against such trust the defense of the statute of limitations can not be interposed. — Board v. State, 103 Ind. 497; Board v. State, 106 Ind. 270. 3. Settlement Between Commissioners and County Officer Does ISTot Conclude the State. A settlement between the Board of Commissioners and a County Auditor or other county officer does not conclude the State from maintain- ing an action to recover school funds unlawfully paid to an officer by the board. — Board v. State, 103 Ind. 497; Board v. State, 106 Ind. 270; Board i;. State, 116 Ind. 329 ; Board v. State, 106 Ind. 531. 4. Duty of Commissioners — Fees — Counsel — Interest. It is the duty of the Board of Commissioners to prosecute an action against a Township Trustee who refuses to account for the income of land belonging to the Congressional Township Fund, and in the discharge of that duty it is proper for the Board to employ attorneys and pay reasonable fees for their services out of the pi-oper funds ; but such fees can not be paid out of the moneys recovered in such pro- ceedings, as such moneys, under the compact betAveen the United States and the State of Indiana, and under Section 3 of Article 8 of the State Constitution (Sec- tion 3 abo%'e), are inviolably appropriated to the inhabitants of the proper town- ship for the use of the common schools, and for any deduction made therefrom for attorneys' fees or otherwise the county is liable, under Sections 6 and 7 of the article cited (Sections 6 and 7 above), with interest from the date of diversion. Attorneys' fees should be paid out of the general county fund. — -Board v. State, 116 Ind. 329. 5. The Grant Was a Contract. The grant, by Congress, of the sixteenth section to the inhabitants of the Congressional townships, respectively, was a con- tract executed and incapable of revocation by the Legislature.- — State v. Spring- field Tp., 6 Ind. 83; Quick v. Whitewater Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636; Springfield Tp. v. Quick, 22 How. 56. The School Law of 1855 was held valid. — Quick v. Springfield Tp., 7 Ind. 636. 8. Superintendent of Public Instruction. 8. The Gen- eral Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public Instruction, who shall hold his office for two years, and whose duties and com- pensation shall be prescribed by law. (R. S. 1881, § 189 ; R. S. 1894, §189; R. S. 1897, § 189.) SCHOOL LAW OF INDIANA. 55 CHAPTER II. SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec Sec 9. Superintendent. 16. Supervision of school funds 10. Commencement of term — Oath. 17. May require reports. 11. Duties— Office— Clerks. 18. Blanks and forms. 12. Report to Governor. 19. Forms of bookkeeping. 13. Report to General Assembly. 20. Shall publish School Law. 14. 15. Duties. Traveling expenses. 21. Journals, etc., to Libraries. [1865, p. 3. Approved and in force March 6, 1865.] 9. Superintendent — Election. 119. There shall be elected by the qualified voters of the State, at a general election, a State Superintendent of Public Instruction, who shall hold his ofiice for two years. (R. S. 1881, § 4406 ; R. S. 1894, § 5835 ; R. S. 1897, § 5997.) 1. Salary. The salary of the State Superintendent of Public Instruction is 13,000 per annum.— Acts 1901, p. 117. 10. Commencement of term — Oath. 120. His official term shall commence on the fifteenth day of March succeeding his election. He shall take and subscribe the oath prescribed by law ; which proceeding shall in all things conform to the law relative to the oaths of pubUc ofiicers. (R. S. 1881, § 4407; R. S. 1894, § 5836 ; R. S. 1897, § 5998.) 11. Duties — Office — Clerks. 121. The Superintendent shall be charged with the administration of the system of pub- lic instruction and a general superintendence of the business re- lating to the common schools of the State, and of the school funds and school revenues set apart and appropriated for their support. A suitable office shall be furnished for him at the seat of government, in which the books, papers and effects relating to the business of said office shall be kept ; and there he shall give reasonable attendance to the business and duties of the office. He shall render an opinion, in writing, to any school officer asking the same, touching the administration or construc- tion of the school law. He is hereby authorized to employ two clerks for said office, to be paid as the clerks of the office of 56 SCHOOL LAW OF INDIANA. the Auditor of State are paid ; and the sum of eighteen hun- dred dollars is hereby annually appropriated for that purpose. (E. S. 1881, § 4408 ; E. S. 1894, §_ 5837 ; E. S. 1897, § 5999.) 1. Additional Clerk. The General Assembly, upon the passage of the school book law, provided for an additional clerk, which has been continued by subsequent Legislatures. 2. Opinions. He is not bound to give opinions except to school officers — that is county auditors, county treasurers and superintendents, township trustees, school directors, and school trustees of towns and cities. But the courtesy of Superintendents has established the custom of answering questions touching the construction and administration of the school laws for all who need such inform- ation. 2. His Opinions not a Defense. It has been decided that depositing funds in a solvent bank, by advice of State and county superintendents and county board, if loss result, is no defense to the trustee depositing. — Tnglis v. State, 61 Ind. 212. 12. Report to Governor. 122. In the month of January in each year in which there is no regular session of the General Assembly, he shall make a brief report, in writing, to the Governor, indicating, in general terms, the enumeration of the children of the State for common school purposes, the addi- tions to the permanent school fund within the year, the amount of school revenue collected within the year, and the amounts apportioned and distributed to the schools. (E. S. 1881, § 4409 ; E. S. 1894, § 5838; E. S. 1897, § 6101.) 13. Report to General Assembly. 123. At each regular session of the General Assembly, on or before the fifteenth day of January, said Superintendent shall present a biennial report of his administration of the system of public instruction, in which he shall furnish a brief exhibit — First. Of his labors, the results of his experience and observ- ation as to the operation of said system, and suggest the remedy for observed imperfections. Second. Of the amount of the permanent school funds, and their general condition as to safety of manner of investment ; the amount of revenue annually derived therefrom, and from other sources ; estimates for the following two years ; and the estimated value of all other property set apart or appropriated for school purposes. Third. Of such plans as he may have matured for the better organization of the schools, and for the increase, safe invest- SCHOOL LAW OF INDIANA. 57 merit, and better preservation and management of the perma- nent school funds, and for the increase and more economical expenditure of the revenue for tuition. Fourth. He shall present a comparison of the results of the year then closing with those of the year next preceding, and, if deemed expedient, of years preceding that, so as to indicate the progress made in the business of public instruction. Fifth. He shall furnish such other information relative to the system of public instruction — the schools, their permanent funds, annual revenues, etc., as he may think to be of interest to the General Assembly. He shall append to said report statistical tables, compiled from the materials transmitted to his office by the proper officers, with proper summaries, averages and totals appended thereto. He shall append a statement of the semi-annual collections of school revenue, and his apportionment thereof; and, when he deems it of sufficient interest to do so, he shall append extracts from the correspondence of school officers, tending to show either the salutary or defective operation of the system or of any of its parts ; and shall cause ten thousand copies to be printed and distributed to the several counties of the State. (R. S. 1881, § 4410 ; R. S. 1894, § 5839 ; R. S. 1897, § 6102.) 14. Duties. 124. He shall visit each county in the State at least once during his term of office, and examine the Audi- tor's books and records relative to the school funds and revenues, with a view to ascertain the amount and the safety and preser- vation of said funds and revenues; and for that purpose he shall have access to, and full power to require for inspection the use of the books and papers of the Auditor's office. When- ever he may discover that any of the school funds are unsafely invested and unproductive of school revenue, or that any of the school revenues have been diverted from their proper ob- jects, he shall report the same to the General Assembly. He shall meet with such school officers as may attend his appoint- ment, counseling Avith the teachers, and lecturing upon topics calculated to subserve the interests of popular education. (R. S. 1881, §4411 ; R. S. 1894, § 5840 ; R. S. 1897, § 6103.) 15. Traveling expenses. 125. He shall receive, for trav- eling and other expenses while traveling on the business of the 58 SCHOOL LAW OF INDIANA. department, a sum not exceeding six hundred dollars per annum ; and an appropriation of that amount is hereby made for that purpose, annually. (E. S. 1881, §4412; E. S. 1894, §5841; E. S. 1897, § 6104.) 16. Supervision of school funds. 126. He shall exercise such supervision, over the school funds and revenues as may be necessary to ascertain their safety, and secure their preservation and application to the proper object; and cause to be instituted in the name of the State of Indiana, for the use of the proper fund or revenue, all suits necessary for the recovery of any portion of said funds or revenues. It is hereby made the duty of the proper Circuit Prosecuting Attorney to prosecute all such suits at the instance of the Superintendent, and without charge against said funds or revenue. (E. S. 1881, §4413; E. S. 1894, §5842; E. S. 1897, §6105.) 17. May require reports. 127. He may require of the County Auditors, County Superintendents, County Treasurers, Trustees, Clerks and Treasurers, copies of all reports required to be made by them, and all such other information in relation to the duties of their respective offices, so far as they relate to the condition of the school funds, revenues and property of the common schools and the condition and management of such schools, as he may deem important. (E. S. 1881, §4414; E. S. 1894, §5843; E. S. 1897, §6106.) 18. Blanks and Forms. 128. He may prepare, and trans- mit to the proper officers, suitable forms and regulations for making all reports, and the necessary blanks therefor, and all necessary instructions for the better organization and govern- ment of common schools, and conducting all necessary proceed- ings under this act. (E. S. 1881, § 4415 ; E. S. 1894, § 5844 ; E. S.\897, § 6107.) 19. Forms of bookkeeping. 102. Forms and modes of bookkeeping shall, from time to time, be prescribed for County Ai'ditors and County Treasurers by the State Superintendent of Public Instruction. (E. S. 1881, § 4416 ; E. S. 1894,' § 5845 ; E. S. 1897, § 6108.) SCHOOL LAW OF INDIANA. 59 20. Shall publish school laws. 129. He shall cause as many copies of the acts of the General Asseml)ly in relation to the common schools or the school funds, with necessary forms, instructions, and regulations, to be from time to time printed and distributed among the school townships as he shall deem the public good requires. (R. S. 1881, §4417; E. S. 1894, § 5846 ; R. S. 1897, § 6109.) 21. Journals, etc., to libraries. 130. He shall supply each common school library with the Legislative and Docu- mentary Journals, and the acts of each session of the General Assembly, and his OAvn annual reports. At the expiration of his term of office he shall deliver to his successor possession of the office, and all books, records, documents, papers, and other articles pertaining or belonging to his office. (R. S. 1881, §4418; R. S. 1894, §5847; R. S. 1897, §6110.) CHAPTER III. STATE BOARD OF EDUCATION. Sec. 22. State Board of Education. 23. Duties and powers. Sec. 24. State certificate. 25. Pay and mileage of Board. [1S99, p. 426. Approved March 4, 1899. In force April 28, 1899.] 22. State Board of Education. 153. The Governor of the State, the State Superintendent of Public Instruction, the President of the State University, the President of Purdue University, the President of the State JSTormai School, the Su- perintendent of Common Schools of the three largest cities in the State, and three citizens of prominence actively engaged in educational w^ork in the State, appointed by the Governor, at least one of whom shall be a County Superintendent, none of whom shall be appointed from any county in which any other member of the State Board of Education resides, or from which any other member was appointed, shall constitute a board to be denominated the Indiana State Board of Education. The three members to be appointed by the Governor shall be ap- pointed immediately upon the taking effect of this act. One of such members shall be appointed for one year, one for two years and one for three years from the date of his appointment, and each of said appointees shall serve until his successor shall have been appointed and qualified ; and after the first appoint- 60 SCHOOL LAW OF INDIANA. ment the Governor shall annually appoint one such member to serve for the term of three years, to take the place of the member whose term shall have then expired; and the Governor shall further have power to fill all vacancies that may occur in the office of any such member who holds his oflice by appointment from the Governor. The size of the cities shall, for this purpose, be determined by the enumeration of children for school purposes annually reported by school examiners to the Super- intendent of Public Instruction. The Superintendent of Public Instruction shall, ex-officio,, be President of the Board, and in his absence the members present shall elect a President pro tem- pore. The Board shall elect one of its members Secretary and Treasurer, who shall have the custody of its records, papers and effects, and shall keep minutes of its proceedings : Provided, That such records, papers, efl'ects and minutes shall be kept at the office of the Superintendent, and shall be open for his in- spection. The said Board shall meet upon the call of the Presi- dent, or a majority of its members, at such place in the State as may be designated in the call, and shall devise, adopt and pro- cure a seal, on the face of which shall be the words " Indiana State Board of Education,'" and such other device or motto as the Board may direct, an impression and written description of which shall be recorded on the minutes of the Board and filed in the office of the Secretary of State, which seal shall be used for the authentication of the acts of the Board and the impor- tant acts of the Superintendent of Public Instruction. 1. The First Board. When first created in 1852 the Board consisted of the Superintendent of Public Instruction and the Governor, Secretary, Treasurer and Auditor of State. In 1855 the Attorney-General was added. It remained merely a board of State officers, but little interested in or conversant with educational affairs, and exerting no appreciable influence, till 1865, when the membership was constituted as at present, except the President of Purdue University, who was added in 1875. As a board of professional educators, independent of politics, it has been a valuable agent in our educational progress. 2. Board of School Book Commissioners. The members of the State Board of Education are also, by virtue of their office, members of the State Board Com- missioners for School Books. See Sec. 26. [1865, p. 3. Approved and in force March 6, 1865.] 23. Duties and powers. 154. Said Board, at its meet- ings, shall perform such duties as are prescribed by law, and may make and adopt such rules, by-laws and regulations as may be necessary for its own government, and for the complete SCHOOL LAW OP INDIANA. 61 carrying into effect the provisions of the next section of this act, and not in conflict with the laws of the State, and shall take cognizance of such questions as niaj" arise in the practical administration of the school system not otherwise provided for, and duly consider, discuss, and determine the same. (R. S. 1881, § 4421 ; R. S. 1894, § 5850 ; R. S. 1897, § 6113.) [1865, p. 3. Approved and in force March 6, 1865.] 24. State certificates. 155. Said Board may grant State certificates of qualification to such teachers as may, upon a thorough and critical examination, be found to possess eminent scholarship and professional ability, and shall furnish satisfac- tory evidence of good moral character. They shall hold stated meetings, at which they shall examine all applicants, and those found to possess the qualifications herein above named shall re- ceive such certificate, signed by the President of the Board, and impressed with the seal thereof; and the said certificate shall entitle the holder to teach in any of the schools of the State without further examination, and shall also be valid during the lifetime of said holder, unless revoked by said Board. Each applicant for examination shall, on making application, pay to the Treasurer of the Board five dollars as a fee. (R. S. 1881, § 4422 ; R. S. 1894, § 5851 ; R. S. 1897, § 6114.) GRADES OF LICENSES ISSUED BY THE STATE BOARD OF EDUCATION. I. Life State License fob Graduates of Higher Institutions of Learn- ing ONLY. The State Board of Education revised its rules governing applicants for Life State Licenses by the addition of the following resolutions : Resolved, That the rules of the State Board of Education relating to examina- tions for and the granting of Life State Licenses, shall be and are hereby amended by the addition of the following: All graduates of higher institutions of learn- ing in Indiana, or other institutions of equal rank in other States approved by this Board, which require graduation from Commissioned High Schools, or the equivalent of the same, as a condition of entrance, which maintain standard courses of study of at least four years, and whose work, as to scope and quality, is approved by the State Board of Education, shall, on complying with the con- ditions enumerated below, be entitled to Life State Licenses to teach in Indiana: Provided, however, That graduation by the applicant shall have been accomplished by not less than three years' resident study and by thorough, extended examina- tions in all subjects pursued privately and for which credit has been gived by the institution: And, provided further. That the requirement as to three years' resident study shall apply only to applicants graduating after January 18, 1900. First. Such applicants must have held one or more Sixty Months' Licenses or a Professional License. 62 SCHOOL LAW OF INDIANA. Second. They must present to the State Board of Education satisfactory written testimonials from competent superintendents, special supervisors, teachers, or other school officials to the effect that they have taught and managed a school or schools successfully for a period of not less than thirty months, at least ten of which shall have been in Indiana. Third. They must pass through satisfactory examinations in any three of the following subjects: (1) General History of Education; (2) The School System and the School Law of Indiana; (3) Educational Psychology; (4) Experimental Psychology and Child Study ; (5) Leading School Systems of Europe and America ; (6) Science of Education, and (7) The Principles and Methods of Instruction. Fourth. Before entering ujaon the examination, such applicants shall present to the State Board of Education satisfactory evidence of good moral character, and shall pay five dollars each (the fee prescribed by law) which can in no case be refunded. Examinations in the subjects named above may be taken on the last Saturday of April. Fifth. A license will be granted to those who make a general average of 75 per cent., not falling below 65 per cent, in any subject. II. and III. For Applicants not Graduates op Higher Institutions of Learning. Life State and Professional. Examinations for these licenses will be conducted in the months of March and April. Section 1. Subjects for March: Algebra, Civil Government, American. Literature, Science of Education, and two of the following three subjects — Ele- ments of Physics, Elements of Botany, and Latin (Latin Grammar, two books of Caisar and two of Virgil). A satisfactory examination on the above entitles the applicant to a Professional License, valid in any Indiana school for eight years. Section 2. Subjects for April : Geometry, Ehetoric, General History, Eng- lish Literature, Physical Geography, and two of the following three subjects — Chemistry, Geology, and Zoology. A satisfactory examination on both 1 and 2 entitles the applicant to a Life State License. The following requirements govern the application for Life State and Pro- fessional Licenses : 1. Applicants for Life State and Professional Licenses must have held two thirty-six months' licenses in Indiana, or an equivalent in another State, obtained by actual examination, and must have taught successfully at least forty-eight months, which fact shall be properly certified to and sent with the manuscripts to the State Board of Education. Before entering upon the examination, applicants shall present to the Ex- aminer satisfactory evidence of good moral character and professional ability. Applicants for Life State License shall pay five dollars each (the fee prescribed by law), which can in no case be refunded. 2. Applicants for Professional License will take the March examination only. 3. No fee is required of applicants for Professional License. 4. A license will be granted to those who make a general average of seventy- five per cent., not falling below sixty per cent, in any subject, and who present satisfactory evidence of professional ability and good moral character. 5. An applicant for a Life State License failing in the examination for the same, but who will have met all the requirements for a Professional License, shall receive such license, or if he reach the required average for a Professional License,, SCHOOL LAW OF INDIANA. 63 but fall below the standard per cent, in one subject, he may be conditioned in such subject, and may be granted a Professional License, on the same conditions as if he had originally applied for a license of this class. 6. An applicant is "conditioned," that is, he may complete the work at the next regular examination, if he make the required general average and pass suc- cessfully upon all the branches except one, required for the license applied for. A statement setting forth this fact will be furnished such "conditioned" appli- cant, who must 23resent the same to the County Superintendent, who will forward it with the conditioned manuscript to this Department. WHERE THE EXAMINATIONS MAY BE TAKEN. (a) Applicants for a Professional License will be examined by the County Superintendents on the last Saturday of March. The papers will be graded by the State Board of Education. All questions are furnished by the State Board of Education. (b) Applicants for a Life State License may be examined by members of the ■State Board of Education at any one of the following places on the last Saturday ■of April : 1. In the Department of Public Instruction, State House. 2. In the office of the City Superintendent of Schools, Fort Wayne. 3. In the office of the City Superintendent of Schools, Evansville. 4. In the office of the County Superintendent of Schools, Valparaiso. 0. In the office of the County Superintendent of Schools, Bichmond. 6. In the office of the County Superintendent of Schools, Terre Haute. 7. In the office of the County Superintendent of Schools, Lafayette. 8. In the office of the City Superintendent of Schools, Seymour. 9. In the office of the City Superintendent of Schools, Bloomington. [1873, p 68. Approved and in force March 8, 1873.] 25. Pay and mileage of Board. 156. The members of said Board, other than the Governor and State Superintendent of PubHc Instruction, shall he entitled to receive for their services, while actually engaged in the duties of their office, live dollars per day and five cents per mile necessarily traveled while so engaged ; which amount shall be certified by the Board to the Auditor of the State, who shall draw his warrant therefor, payable out of the general fund, which sum shall be reimbursed to the general fund by the Treasurer of the Board paying into it that amount out of the money received by him as fees for certificates; and if there be any residue of money received as such fees, it shall be expended by the Superintendent of Public Instruction in the purchase of suitable books for an office library. Said Board shall be allowed the necessary expenses incurred in the discharge of the duties recjuired of the same, for clerk hire, postage, etc. ; which expenses shall be paid as the expenses of the members of the Board are paid. (R. S. 1881, § 4423 ; R. S. 1894, § 5852 ; R. S. 1897, § 6115.) 64 SCHOOL LAW OF INDIANA. CHAPTER IV. SCHOOL BOOKS. Sec. Sec 26. State Board of Education a Board of 51. School Book Commissioners. 52. 27. Advertise for bids. 53. 28. Open bids. 54. 29. May procure manuscripts. 55. 30. State not liable. 56. 31. Governor's proclamation. 32. Trustee's duty. 57. 88. Quarterly reports. 58. 34. Superintendent to enter suit. 59. 35. Superintendent's special bond. 60. 36. Reports to contractors. 37. Sale for more than contract price a mis- demeanor. 61. 38. Embezzlement. 62. 39. Appropriation— Laws repealed. 40. Advertise for bids. 63. 41. Trustees to make requisitions first Monday of June. 64. 42. Trustees to acknowledge receipt of books. 65. 43. Books for poor or indigent children. 44. Reports to Commissioners and County 66. Superintendent. 67. 45. Appropriation. 68. 46. Suit on Trustee's bond. 47. County Superintendent's special bond. 69. 48. Superintendent's report to contractor. 70. 49. Failure to report— Embezzlement. 71. 50. Books to be uniformly used. 72. Duty of contractor. Name and price of books on cover. State Superintendent's duty. Act supplemental. Contractors to file consent. Sale to merchants or dealers — Trustee's report. Ofiicers to supply suflRcient books. Duty of merchants and dealers. County Superintendent to make report, Ofiicers failing to report — Right of action. Failure to report at expiration of term — Embezzlement. Sale for more than contract price a mis- demeanor. Contractors to file consent for revision of books. Author to revise — County and State Superintendent to scale requisition. Intermediate grammar or language lessons. State Board to meet — Notice. Frequency of revision — Geographies. Standard of revision — Contractor's bond. Appropriation, New bond. State Superintendent's duty. Act supplemental. [1889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.] 26. State Board of Education a Board of School Book Commissioners. 1. The State Board of Education shall coii- stitnte a Board of Commissioners for the purpose of making a selection, or procuring the compilation for use in the common schools of the State of Indiana, of a series of text-books in the following branches of study, namely : Spelling, reading, arith- metic, geography, English grammar, physiology, history of the United States, and a graded series of Avriting books. The matter contained in the readers shall consist of lessons com- mencing with the simplest expression of the language, and by a regular gradation advancing to and including the highest style of composition both in poetry and prose : Provided, That SCHOOL LAW OF INDIANA. 65 none of said text-books shall contain anything of a partisan or sectarian character : And, provided further, That the foregoing books shall be at least equal in size and quality as to matter, material, style of binding and mechanical execution, to the following text-books now in general use, namely : The speller to McGuifey's Spelling-book, the reader to Appleton's Eeaders, the arithmetic to Eaj^'s l^ew Arithmetic Series, the geographies to the Eclectic Series of Geographies, the grammar to Harvey's Grammar, the physiology to Dalton's Physiology, the history of the United States to Thalheimer's History of the United States, and the writing-books equal to the Eclectic Copy-books. (R. S. 1894, § 5853 ; R. S. 1897, § 6269.) ■ 1. Constitutional. This act is constitutional. It is not void on the ground that it creates a monopoly, nor on the ground that it confers a special privilege. —State V. Haworth, 122 Ind. 462. 2. Choice of Books. The Legislature has the power to require a designated series of books to be used in the public schools, and to require that the books selected shall be obtained by the school officers from the person to whom the con- tract for supplying them may be awarded. It may not only prescribe regulations for using the books designated, but it may also declare how the books shall be obtained and distributed. — State v. Haworth, 122. Ind. 462. 27. Advertise for bids. 2. The said Board of Commis- sioners shall, immediately upon the taking effect of this act, advertise for twenty-one consecutive days in two daily papers published in this State, having the largest circulation, and in one newspaper of general circulation in the cities of New York, Philadelphia, Cincinnati, Chicago and St. Louis that at a time and place to be fixed by said notice, and not later than six months after the first publication thereof, said board will receive sealed proposals on the following : First. From publishers of school text-books, for furnishing books to the school trustees of the State of Indiana for use in the common schools of this State, as provided in this act, for a term of five years, stating specifically in such bid the price at which each book will be furnished, and accompanying such bid with specimen copies of each and all books proposed to be fur- nished in such bid. Second. From authors of school text-books, who have manu- scripts of books not published, for prices at which they will sell their manuscript, together vnth the copyright of such books, for use in the public schools of the State of Indiana. 5 — vScH. Law. 6Q SCHOOL LAAV OF INDIANA. Third. From persons who are willing to undertake tlie com- pilation of a book or books, or a series of books, as provided for in section one (1) of this act, the price at which they are willing to undertake such compilation of any or all of such books, to the acceptance and satisfaction of the said Board of Commissioners : Provided, That any and all bids by publishers, herein provided for, must be accompanied by a bond in the penal sum of fifty thousand dollars, with resident freehold surety, to the acceptance and satisfaction of the Governor of this State, conditioned that if any contract be awarded to any bidder hereunder, such bidder will enter into a contract to per- form the conditions of his bid to the acceptance and satisfaction of said board : And jwovided further, That no bid shall be con- sidered unless the same be accompanied by the affidavit of the bidder that he is in nowise, directly or indirectly, connected with an}^ other publisher or firm who is now bidding for books submitted to such board, nor has any pecuniary interest in any other publisher or firm bidding at the same time, and that he is not a party to any compact, syndicate or other scheme whereby the benefits of competition are denied to the people of this State : And he it further j^rovided, That if any competent author or authors shall compile any one or more books of the first order of excellence, and shall ofiler the same as a free gift to the people of this State, together with the copyright of the same and the right to manufacture and sell such works in the State of Indiana for use in the public schools, it shall be the duty of such Board of Commissioners to pay no money for any manu- script or copyright for such book or books on the subject treated of in the manuscript so donated ; and such board shall have the right to reject any and all bids, and at their option such board shall have the right to reject any bid as to a part of such books, and to accept the same as to the residue thereof. (R. S. 1894, §5854; E. S. 1897, § 6270.) 28. Open bids. 3. It shall be the duty of such board to meet at the time and place mentioned in such notice, and open and examine all sealed proposals received pursuant to the notice provided for in section two (2) of this act, and it shall be the further duty of such board to make a full, complete and thor- ough investigation of all such bids or proposals, and to ascertain SCHOOL LAW OF mDIANA. 67 under which of said proposals or propositions the school books could be furnished to the people of this State for use in the common schools at the lowest price, taking into consideration the size and quality, as to matter, material, style of binding, and mechanical execution of such books : Provided, alioays, That such board shall not, in any case, contract with any author, publisher or publishers, for the furnishing of any book, manu- script, copyright, or books, which shall be sold to patrons, for use in the public schools of this State, at a price above, or in excess of, the following, which prices shall include all cost and charges for the transportation and delivery to the several County School Superintendents in this State, namely : for a spelling book, ten (10) cents ; for a first reader, ten (10) cents ; for a second reader, fifteen (15) cents; for a third reader, twenty-five (25) cents; for a fourth reader, thirty (30) cents; for a fifth reader, forty (40) cents ; for an arithmetic, intermediate, thirty- five (35) cents ; for an arithmetic, complete, forty-five (45) cents ; for a geography, elementary, thirty (30) cents ; for a geography, complete, seventy-five (75) cents ; for an English grammar, ele- mentary, twenty-five (25) cents ; for an English grammar, com- plete, forty (40) cents ; for a physiology, thirty-five (35) cents ; for a history of the United States, fifty (50) cents ; for copy books, each, five (5) cents. (R. S. 1894, § 5855 ; R. S. 1897, § 6271.) 29. May procure manuscripts. 4. If, upon the examina- tion of such proposals, it shall be the opinion of such Board of Commissioners that such books can be furnished cheaper to the patrons for use in the common schools in the State, by procuring and causing to be published the manuscript of any or all of such books, it shall be their duty to procure such manuscript and to advertise for sealed proposals for publishing the same, in like manner as hereinbefore provided and under the same conditions and restrictions. And such contract may be let for the publica- tion of all of such books, or for any one or more of such books separately ; and it shall be the further duty of such Board of Commissioners to provide in the contract for the publication of any such manuscript for the payment, by the publisher, of the compensation agreed between such board and the author or owner of any such manuscript for such manuscript, together with 68 SCHOOL LAW OF INDIANA. the cost or expense of copyrigliting the same. (R. S. 1894, §5856; R. S. 1897, §6272.) 30. State not liable. 5. It shall be a part of the terms and conditions of every contract made in pursuance of this act that the State of Indiana shall not be liable to an}" contractor here- under for any sura whatever; but that all such contractors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of the books, as provided for in this act. (R. S. 1894, § 5857 ; R. S. 1897, § 6273.) 31. Governor's proclamation. 6. As soon as such board shall have entered into any contract for the furnishing of books for use in the public schools of this State, pursuant to the pro- visions of this act, it shall be the duty of the Governor to issue his proclamation announcing such fact to the people of this State. (R. S. 1894, § 5858; R. S. 1897, §'6274.) 32. Trustee's duty. 7. When such proclamation shall have been duly issued, it shall be the duty of the School Trustees of each and every school corporation in this State, within thirty days thereafter, and at such other times as books may be needed for use in the public schools of their respective corporations, to certify to the County Superintendent of their respective counties the number of school text-books provided for in such contract required by the children for use in the schools of their several school corporations. Such County Superintendent shall forthwith make such requisition for books as the schools in the said several counties may require upon the State Superintendent of Public Instruction, and that said State Superintendent of Public Instruction shall immediatel}" there- after make a requisition for said books upon the contractor, who shall, within ninety days, ship the books so ordered directly to the County School Superintendents of the several counties of this State. Upon the receipt of such books it shall be the duty of such County School Superintendents to immedi- ately notify all the School Trustees of the school corporations, as shown by the last school enumeration of their counties, of the receipt of such books. It shall then be the duty of such School Trustees to immediately procure and take charge and custody of all the books assigned to their several school corpo- SCHOOL LAW OP INDIANA. 69 rations, receipting therefor, to the said County School Superin- tendent ; and, upon the receipt of such books by said School Trustees, they shall furnish them, on demand, to the school patrons or school children of their respective corporations, at the price fixed therefor by the contract entered into between said Board of Commissioners and said contractor ; and it shall be the duty of such school officers to sell books for cash only ; and if they shall sell or dispose of any books other than for the cash price thereof, they shall be held personally liable, and liable upon their ofiicial bond for the price of such book or books : Provided, That any patron or pupil of any school or schools other than the public schools, and also any child between the ages of six and twenty-one years of age, or the parent, guardian or teacher of such child, shall have the right to purchase and receive the books, and at the prices herein named, by pajmient of the cash price thereof to the School Superintendent of any county in this State, and it is hereby made his duty to make requisition upon the contractor for any and all books so ordered and paid for by any such person or persons : And, j^rovided further, That nothing in this act shall operate to prevent the State Board of Education, Boards of School Trustees or Boards of School Commissioners, from devising means and making arrangements for the sale, exchange or other disposition of such books as may be owned by the pupils of schools under their charge, at the time of the adoption of books under the provisions of this act. (R. S. 1894, § 5859 ; li. S. 1897, § 6275.) 33. Quarterly reports. 8. At the expiration of three months after the receipt of such books by the County Superin- tendent, and every three months thereafter, it shall be the duty of each school trustee receiving and chargeable with books under the provisions of this act, to make a full and complete report to the County Superintendent of the number of books sold, and the amount of money received therefor, and the num- ber of books on hand ; and at the time of making such report he shall pay over to the County Superintendent all moneys re- ceived by him or with which he is chargeable, from the sales of books in his hands; which report shall be duly verified by the oath of the party making it. (R. S. 1894, § 5860; R. S. 1897, § 6276.) 70 SCHOOL LAW OF INDIANA. 34. Superintendent to enter suit. 9. If, at the expira- tion of ten days from the time required by this act for the making of such report of any School Superintendent chargea- ble with books under this act, any such officer shall have failed, neglected or refused to make such report, or turn over any moneys with Avhich he is chargeable, it shall be the duty of the County School Superintendent, within fifteen days, to enter suit upon his official bond for an accounting and recovery of any moneys due from him on account of such books with w^hich he is chargeable; and all judgments recovered upon such bonds shall include a reasonable attorney's fee for the attorney prose- cuting such suit; and such judgment shall be without relief from valuation or appraisement laws, and shall be without stay of execution. (R. S. 1894, § 5861 ; R. S. 1897, § 6277.) 35. Superintendent's special bond. 10. It shall be the duty of the several County School Superintendents of this State, within thirty days from the issuing of the proclamation by the Governor, as hereinbefore provided for, and of every County School Superintendent hereafter elected, before he enters upon the discharge of his official duties, to enter into a special bond, with at least two freehold sureties of such county, payable to the State of Indiana, conditioned that they will faithfully and honestly perform all the duties required of them by this act, and account for and pay over all moneys that may come into their hands, pursuant to the provisions of this act, in a penal sum which shall be equal in amount to one hundred dollars for every one thousand inhabitants of their respective counties as shown by the last census immediately preceding the giving of such bond, to be approved by the Board of Commis- sioners of their respective counties ; and upon the failure of any County School Superintendent to give such bond, his office shall become immediately vacant, and the Board of Commissioners of his county shall immediately appoint some competent and suitable person to fill such vacancy for the unexpired term of his office. (li. S. 1894, § 5862; R.'s. 1897, § 6278.) 36. Reports to contractor. 11- It shall be the duty of each County School Superintendent in this State, within ten days after the quarterly reports of the school trustees, as here- SCHOOL LAW OF INDIANA. 71 inbefore provided for, to make a full, true, complete and detailed report to the contractor of all books sold by the several school trustees of his county, and of the number of books in the hands of the trustees of each school corporation, which report shall be accompanied by all cash received by him from the school officers from sales of books by them sold, and which report shall be duly verified by him, and a duplicate thereof shall be filed in the office of the Auditor of his county. Upon the failure of any County School Superintendent to make the report and to transmit the cash, as required by this section, a right of action shall immediately accrue to the contractor against the said school superintendent and the sureties upon the bond provided for in this act, for an accounting and for the recovery of any moneys received and not transmitted by him, and for any damages Avliich may have resulted from his neglect or failure to comply with the provisions of this act, and any judgment upon any such bond shall include a reasonable fee for the attorney prosecuting such suit, and such judgment shall be without relief from valuation and appraisement laws, and shall be without stay of execution. (R. S. 1894, §5863; R. S. 1897, § 6279.) 37. Sale for more than contract price a misdemeanor. 12. Any school trustee charged with the sales of any books under the provisions of this act, who shall directly or indirectly demand or receive any money for any book or books in excess of the contract price, as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten nor more than one hundred dollars, to which may be added imprisonment in the county jail for a term not exceeding sixty days. (E. S. 1894, § 5864; E. S. 1897, § 6280.) 38. Embezzlement. 13. Any county school superintend- ent or trustee of any township or school corporation in this State who shall fraudulently fail or refuse, at the ex23iration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper person or authority, to account for and deliver and pay over to such person or persons as may be lawfully entitled to receive the 72 SCHOOL LAW OF INDIANA. same, all moneys or school books which may have come into his hands by virtue of the provisions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof shall be imprisoned in the State prison for any period not more than five years nor less than one year, and fined in any sum not ex- ceeding one thousand dollars, and rendered incapable of hold- ing any office of trust or profit for any determinate period. (R. S. 1894, § 5865 ; R. S. 1897, § 6281.) 39. Appropriation— Laws repealed. 14. The sum of one thousand dollars is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, for the purpose of paying the cost and expenses incident to the giving of the no- tices herein provided for, and carrying out the provisions of this act. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. (R. S. 1894, §5866; R. S. 1897, § 6282.) ri891, p. 99. Approved and in force March 5, 1891.] 40. Advertise for bids. 1. It shall be the duty of the Board of Commissioners, for the purpose of securing for use in the common schools of the State of Indiana of a series of text- books as constituted by the act of the General Assembly in this section mentioned, to immediately advertise for bids, and to act upon such bids as may be submitted for the furnishing for use in the common schools of the State of Indiana of a spelling- book, a primary physiology, a more advanced work on physiol- ogy and hygiene, an elementary grammar, a complete grammar, and a history of the United States. In advertising for such bids, and in acting upon any bid which may be submitted, such Board of Commissioners shall be governed, as far as possible, by the same terms, conditions and limitations concerning them, and shall require bidders and contractors to comply with all terms, conditions and hmitations concerning bidders or contractors, so far as applicable, as are contained in an act of the General Assem- bly of Indiana, entitled "An act entitled an act to create a Board of Commissioners for the purpose of securing for use in the com- mon schools of the State of Indiana of a series of text-books, defining the duties of certain officers therein named with refer- ence thereto, making appropriations therefor, defining certain SCHOOL LAW OF INDIANA. 73 felonies and misdemeanors, providing penalties for the violation of the provisions of said act, repealing all laws in conflict there- with, and declaring an emergency." Acts of the General As- sembly of the State of Indiana, 1889, p. 74: Fromded, That the standard of Physiologies shall be Hutchinson's laws of health and Hutchinson's physiology and hygiene : And "provided further, That no bids shall be considered in which the price of a primary physiology shall exceed thirty cents for the volume, or in which a physiology and hygiene shall exceed sixty cents for the volume, or in which a history of the United States shall exceed sixty -five cents for the volume. (R. S. 1894, § 5867; E. S. 1897, § 6283.) 41. Trustees to make requisitions first Monday of June. 2. That it shall be the duty of the Township Trustees and School Boards of the State, severally, on the first Monday of June in each year, and at such intermediate times as the neces- sity therefor shall exist, after considering the number and kind of adopted books already sold in the corporation, the number and kind of such books on hand, and ascertaining from their teachers or Principal and Superintendent, as the case may be, the enrollment of scholars in the dififerent classes or grades of the schools of the corporation, to order such quantities of the books which the State has at that time adopted, as may seem to him, or to it, to be necessary for use in the schools of such cor- poration until the first day of June then next succeeding ; the estimate being based upon the information wdiich it is above provided shall be gathered, and on the advice of the County Superintendent : Provided, That the total orders for any school year of the books adopted heretofore, and those mentioned in section one of this act, shall not exceed the amount of one dol- lar for each child enumerated for school purposes in the corpora- tion : And provided further, That it shall be the duty of the State Superintendent to properly scale down any order for books which may pass through his hands in case that it shall seem clear to him that such order is for a quantity of books in excess of the needs of the corporation during the period for which such books were ordered. (R. S. 1894, § 5868 ; R. S. 1897, § 6284.) 42. Trustees to acknowledge receipt of books. 3. Whenever an order for the books which the State has adopted, 74 SCHOOL LAW OF INDIANA. or may adopt, shall have been filled by a contractor with the State, and the books delivered to the Township Trustee or School Board making such order, it shall -be the duty of such trustee or boards to immediately acknowledge the receipt of such books to the contractor, and also to make a report thereof to the County Superintendent, and it shall be lawful for any such trustee or school board to at once make payment for such books to the contractor, through the superintendent of the county, out of any school funds in excess of the needs of their respective townships or school corporations for current ex- penses, or other special needs, in the hands or control of such trustee or board, aside from the principal or interest of the common congressional school fund, or the "school revenue for tuition:" Provided, however, That no debt shall ever be con- tracted, or warrant, or other evidence of indebtedness, ever be issued by a trustee or board on account of a purchase of books : And, provided further, That whenever any books are paid for by any trustee or school board, such trustee or school board shall be liable. personally, and liable upon their ofiicial bonds, respec- tively, for the preservation, custody and safe keeping of all such books until the same are sold and accounted for, or other- wise disposed of according to law, "Whenever a book, paid for as aforesaid, is sold by a trustee or school board, it shall be the duty of such trustee or school board to turn the entire proceeds of such sale into the fund, out of which payment was made to the contractor, to reimburse the fund for such advancement. In case a trustee or school board receiving books from a contractor with the State shall not pay for such books, as provided in this section, he, or it, shall make quarterly reports under oath of the sale of such books, accompanied by all cash received therefor, to the County Superintendent, for transmission to the contractor, as now provided by law, until such books shall have been fully paid for. The provisions of this section shall apply to all orders heretofore filed : Provided, That if said trustee or board shall have on hands any books heretofore ordered, for which he, or it, may have no immediate use, the same shall, upon the order of the County Superintendent, or the State Superintendent of Public Instruction, be returned to the contractor, or be shipped to such other point as the contractor may direct, the contractor to pay all freight charges on such shipment ; and the County SCHOOL LAW OF INDIANA. 75 Superintendent and such trustee or board shall, thereupon, have credit for such hooks so returned or shipped. (E.. S. 1894, §5869; E. S. 1897, §6285.) 43. Books for poor or indigent children. 4. It shall be the duty of each Township Trustee and each School Board to furnish the necessary school books, so far as they have been or may be adopted by the State, to all such poor or indi- gent children as may desire to attend the common schools of his, or its, corporation, as in his, or its, opinion would be other- wise unable to attend such schools : Provided^ That no Town- ship Trustee in this State shall receive an amount exceeding five dollars as compensation for his services in any one year for duties performed in carrying out the provisions of this act, or the act to which it is supplemental. (R. S. 1894, § 5870 ; E. S. 1897; §6286.) 44. Reports to Commissioners and County Superin- tendent. 5. When books are fully paid for out of the funds of a school corporation, as provided in section three of this act, it shall not be necessary for the Township Trustee or School Board of such corporation to make quarterly reports of the sale of the adopted books, but instead thereof a report shall in all cases be made by him, or it, upon oath on the first Monday of August in each year to the County Superintendent;, and like report upon oath shall at the same time be made to the Board of Commissioners of the county, which reports shall severally state the number and kind of books on hand at last report ; the number and kind sold ; the number then on hand ; the disposi- tion of the money received on such sales ; the amount of money used from any school fund in payment for books received ; and the condition of such funds. Such reports shall also state the number and kind of books furnished as provided in section four of this act; for the price of which books so furnished the Township Trustee or School Board furnishing the same shall have credit. (E. S. 1894, § 5871 ; E. S. 1897, § 6287.) 43. Appropriation. 6. The sum of one thousand dollars is hereby appropriated out of the general fund in the State treasury to enable the Board of School Commissioners, men- tioned in section one of this act, to advertise for bids as in said section provided. (E. S. 1894, § 5872 ; E. S. 1897, § 6288.) 76 SCHOOL LAW OF INDIANA. 46. Suit OR Trustee's bond. 7. Any Township Trustee or member of a School Board, receiving or being in possession of any moneys which at the end of the next quarter shoukl be turned over to the County Superintendent to pay a contractor for books sold which have not been paid for out of the funds of the corporation, wdio shall fail to report the sale of such books at the end of such next quarter, or who shall fail to pay therewith the full proceeds thereof to the County Superin- tendent, or so much thereof as may be necessary to fully pay the contractor, shall be liable, after demand upon him, to a suit on his official bond, brought on the relation of the County Superintendent, whose duty it shall be to bring the action for the amount due from him, and damages, if any, and any judg- ment which shall be rendered in favor of the plaintiff in the action shall contain a reasonable attorney's fee, and shall be payable without relief from valuation or appraisement laws. The same liability upon his bond shall accrue against a Town- ship Trustee or member of a School Board who shall refuse to pay over as in this act required any moneys drawn from the funds of his corporation on account of books purchased, or who shall fail to apply all moneys for books sold that have been purchased by the corporation, to the reimbursement of the proper fund. Any judgment rendered against a Township Trustee, School Board, or member of a School Board, because of the non-performance of any duty, shall include a reasonable fee for the plaintiff's attorney. (R. S. 1894, § 5873 ; R. S. 1897, §6289.) 47. County Superintendent's Special Bond. 8. It shall be the duty of each County School Superintendent of this State, within thirty days from the taking effect of this act, and of each County School Superintendent hereafter elected, before he enters upon the discharge of his official duties, to execute a special bond with at least two freehold sureties of his county, payable to the State of Indiana, conditioned that he will faithfully and honestly perform all the duties required of him by law, and account for and pay over all moneys which may come into his hands pursuant to law, in a penal sum which shall be equal to one hundred dollars for every thousand inhabitants of his county, as shown by the last census immediately preceding the SCHOOL LAW OF INDIANA. 77 giving of such bond, which bond shall be executed to the approval of the Board of Commissioners of his count}^, and upon failure of any County School Superintendent to give such bond, his office shall become immediately vacant, and the Board of Commissioners of his county shall immediately appoint some competent and suitable person to fill such vacancy for the unexpired term of his office. (R. S. 1894, § 58T4 ; R. S. 1897, § 6290.) 48. Superintendent's report to contractor. 9. It shall be the duty of such County School Superintendent within "ten days after the receipt of any report, or money, from a Town- ship Trustee or School Board, a^ hereinbefore provided for, to make a full, true, complete and detailed report thereof to the contractor, which report shall be accompanied by all cash received by him from the school officers. The report above provided for shall be duly sworn to by the County Superin- tendent, and a duplicate thereof shall be filed by him in the office of the Auditor of his county. Upon the failure of any County School Superintendent to make report to the contractor and to transmit the cash as required by law, a right of action shall immediately accrue to the contractor against the said County School Superintendent, and the sureties upon his bond provided for in this act, for an accounting and for the recovery of any moneys received and not transmitted by him, and for any damages which may have resulted from his neglect or failure to comply with the provisions of this act, and any judgment upon any such bond shall include a reasonable fee for the attorney prosecuting such suit, and such judgment shall be without relief from valuation or appraisement laws, and shall be without stay of execution. (R. S. 1894, § 5875 ; R. S. 1897, § 6291.) 49. Failure to report — Embezzlement. 10. Any County School Superintendent, or Trustee of any Township, or member of any School Board in this State, who shall fraudulently fail or refuse, at the expiration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper person or authority to account for and deliver and pay over to such person or persons as may be law- fully entitled to receive the same, all moneys, or school books 78 SCHOOL LAW OP INDIANA. which may come into his hands by virtue of the provisions of law, shall be deemed guilty of embezzlement, and upon convic- tion thereof shall be imprisoned in the State prison not more than five nor less than one year, and fined in any sum not ex- ceeding one thousand dollars, and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1894, §5876; R. S. 1897, §6292.) 60. Books to be uniformly used. 11. The books which have been, or may hereafter be, adopted by the State of Indiana for use in its common schools by virtue of this act, or the act mentioned in section one hereof, shall be uniformly used in all the common schools of the State, in teaching the branches of learning treated of in such books, and it shall be the duty of the proper school ofiicers and authorities to use in such schools such books for teaching the subjects treated in them. (R. S.. 1894, § 5877 ; R. S. 1897, § 6293.) 51. Duty of Contractor. 12. It shall be the duty of any person or persons, firm or corporation, who shall hereafter fur- nish and supply books under the provisions of this act, or under the provisions of the act of 1889, title whereof is set out in the- first section of this act, to ship to and notif}^ the consignee of such shipment, and deliver the books ordered by the various County Superintendents, at such railway stations as may be most convenient for the various Township Trustees or School Boards in the several counties to receive the same as may be directed by the said County Superintendent. And in preparing such books for such shipment, it shall be the duty of every such contractor to wrap each several kind of books by them- selves in packages of not to exceed five or ten books, according to their size, each such package to be securely wrapped in good substantial paper of sufiicient weight to protect the books en- closed therein, and to be closed at each end thereof, and each package to have plainly a.nd clearly marked or printed on the outside thereof the kind and number of books contained there- in, and as many of such packages shall be enclosed in large packages or boxes as may be safe and convenient for shipment. And upon the receipt of such books it shall be the duty of each Township Trustee or School Board to carefully care for ai^d SCHOOL LAW OF INDIANA. 79 protect such books until sold, and to preserve the same in the original packages in which they are wrapped without opening, until all copies of the same hooks heretofore received by him or it have been sold, and thereafter not to open any such pack- age until all copies contained in packages previously opened have been sold: Provided, If, upon the opening of any such package, any Township Trustee or School Board shall discover that any of the books therein contained have been damaged, or are defective at the time of their receipt by him, or it, so as to be unsalable, he, or it, shall not be required to offer the same for sale, but in such an event, he, or it, shall immediately notify the County Superintendent of such damaged or defective book or books, who shall immediately thereafter give notice thereof to the contractor furnishing the same, and thereafter such dam- aged or defective book or books shall be subject to the order of the contractor. (R. S. 1894, § 5878 ; R. S. 1897, § 6294.) 52. Name and price of books on cover. 13. It shall be the duty of any person or persons, firm or corporation who may hereafter furnish and supply books under the provisions or this statute, or of the act of 1889, the title whereof is set out in the first section of this act, to print in large letters upon the out- side of the first cover of each book so furnished and supplied by him or them, the name of the adopted book, and upon the outside of the back cover the price at which such book is fur- nished to be sold to pupils, under such contract, and it shall be the duty of all County Superintendents, Township Trustees, and other school ofi&cers and school teachers, to see tha,t all books so furnished to pupils, and bought by pupils for use in the schools of the State shall bear such imprint : Provided, This section shall not apply to copy books. (R. S. 1894, § 5879 ; R. S. 1897, § 6295.) 53. State Superintendent's duty. 14. It shall be the duty of the Superintendent of Public Instruction to cause to be printed, at the expense of the printing fund, and to send to each of the County Superintendents, as soon as possible after the passage thereof, a sufiicient number of copies of this act to provide such Superintendent and each Townshp Trustee and each member of the School Board in such county with one copy 80 SCHOOL LAW OF INDIANA. of such act. Eacli County SuperiDtendeut shall, at once, upon the receipt of the copies intended for his county, mail, or other- wise deliver, to each Township Trustee and member of a School Board in his county a copy of this act. (R. S. 1894, § 5880 ; R. S. 1897, §6296.) 54. Act supplemental. 15. ISTothing in this act shall be construed to in anywise aifect the act mentioned in section one of this act, and the two acts shall be regarded as each supple- menting the other, except where this act shall provide a dilfer- ent procedure from the first act, in which case the provisions of this act shall govern. ISTothing in this act shall be construed as aflecting or impairing any contract right secured by any con- tractor under the act mentioned in section one of this act, but all such contracts are hereby declared to be, and are hereby made, binding upon the State to the same extent as they would have been had this act not been passed. (R. S. 1894, § 5881 ; R. S. 1897, § 6297.) [1893, p. 165. Approved and in force Marcli 1, 1893.] 55. Contractors to file consent. 1. Whenever the con- tractors, or either of them, to the extent that they might be affected in their contract rights under prior laws, to wit : An act entitled "An act entitled an act to create a Board of Com- missioners for the purpose of securing, for use in the common schools of the State of Indiana, of a series of text books, defin- ing the duties of certain officers therein named with reference thereto, making appropriations therefor, defining certain fel- onies and misdemeanors, providing penalties for the violation of the provisions of said act, ' repealing all laws in conflict therewith and declaring an emergency,'" passed by the General Assembly of the State of Indiana in the year 1889, and pub- lished on page 74 of the acts of 1889 ; and an act supplemental thereto and upon tlie same general subject, approved March 5, 1891, shall have filed with the State Superintendent of Public Instruction an agreement in writing, duly executed by them, or either of them separately, consenting to the operation of this act, as affecting the sale of school books furnished by them, under contract with the State pursuant to the provisions of ex- isting laws, it shall then be lawful for, and it is hereby made SCHOOL LAW OF INDIANA. 81 the duty of, the Township Trustees and School Boards of this State, to sell, for cash, to all merchants and dealers who may apply therefor, and in such quantities as they may require, a sufficient number of adopted school books, furnished by the contractor or contractors, so consenting, to suppl}'^ all demands of school patrons and pupils attending the common schools and residing in their immediate neighborhoods, respectively ; which books shall, in no event, be sold to school patrons or pupils, by such merchants or dealers, at a price in excess of the price fixed in the contract for such books between the State Board of School Book Commissioners and such contractor. In making such sales, the Township Trustee and School Boards shall be authorized, and it is hereby made their duty to deduct ten per cent, from the contract price at which such books are required by law to be sold to the school patrons and school children of the State, to compensate the dealer for handling and selling such books ; one-half of which deduction shall be borne by the contractor and one-half thereof by such school corporation. And hereafter no adopted books shall be delivered or sold to merchants or dealers by any County School Superintendent, Township Trustee or School Board, except upon the terms and conditions hereinbefore specified. (R. S. 1894, § 5882 ; E.. S. 1897, § 6298.) 56, Sale to Merchants or Dealers — Trustee's Report. 2. When sale shall be made of any books by any Township Trustee or School Board to any merchant or dealer, pursuant to the provisions of section one of this act, it shall be the duty of such Trustee or School Board, at the end of such calendar month, to make a report thereof to the County School Superin- tendent of the number and kind of books sold, and the amount of money received therefor, and the number and kind of books on hand ; and at the time of making such report to pay over to the County School Superintendent all money received by him or them from any such sale or sales ; at the time of making such report such Trustee or School Board shall also pay to such Superintendent, for transmission to the contractor, the one-half of the amount of the deduction in the price of the books so sold, which last amount shall be paid out of and charged to the special school fund of such school corporation ; and for such 6 — ScH. Law. 82 SCHOOL LAW OF INDIANA. amount the said Trustee or School Board shall take the receipt of such Superintendent. And in their reports to and settle- ments thereafter made with the Board of Commissioners of their respective counties, the said Trustees and School Boards shall be entitled to full credit for the money so paid out of said fund when such Superintendent's receipt is tendered and filed with such reports : Provided, That M^henever any Township Trustee or School Board shall have sold all books ordered by him or them, or in his or their hands for sale to merchants or dealers, as herein provided, they shall not be required to make quarterly reports, as now provided by law, (R. S. 1894, § 5883 ; R. S. 1897, § 6299.) 57. Officers to supply sufficient books. 3. It shall be the duty of County School Superintendents, Township Trustees and School Boards to see that at all times there are sufficient number of books on hand, either in the hands of such Superin- tendents, Trustees or School Boards respectively, or in the hands of the dealers in the different neighborhoods of their re- spective school corporations, to suppl}' the patrons and pupils of the common schools with all needed books ; and nothing in this act shall be construed so as to relieve them from any of the duties now imposed by law in this respect. (E-. S. 1894, § 5884 : R. S. 1897, § 6300.) 58. Duty of merchants and dealers. 4. It shall be the duty of all merchants or dealers who may be supplied with books by virtue of the provisions of this act to furnish the Township Trustee or School Board of whom such books may have been purchased and received with a detailed statement of the number of books of each kind on hand on the fifteenth day of May of each year, and at such other times during the year as the same may be called for by such Trustee or School Board ; and any merchant or dealer who shall refuse for the period of five days after request to do so, by any Trustee or School Board entitled to receive the same, to furnish such statement as above provided, shall not be entitled thereafter to purchase or sell any school books under the provisions of this act. And upon the receipt of any such report it shall be the duty of such Trustee or School Board to forthwith transmit a copy thereof to the County School SCHOOL LAW OF INDIANA. 83 Superintendent, who shall, within ten days after the receipt of any such report, transmit a copy thereof to the contractor, for which reports the contractor shall furnish the necessary blanks. (E. S. 1894, § 5885 ; R. S. 1897, § 6301.) 69. County Superintendent to make report. 5. It shall be the duty of each County School Superintendent in this State, within ten days after receiving any report or money on account of the sale of any books, from any Trustee or School Board of his county, as hereinbefore provided, to make a full, true and verified report to the contractor of the number and kind of books so sold by the several Township Trustees or School Boards of his county, and of the number and kind of books on hands with the said school officers and himself, which report shall be accompanied by all cash received by him from such Trustees or School Boards on account of such sales ; and he shall file a duplicate thereof in the ofiice of the Auditor of his county. The necessary blanks for which reports shall be furnished by the contractor. (R. S. 1894, § 5886 ; R. S. 1897, § 6302.) 60. Officers failing to report — Right of action. 6. Upon failure of any Township Trustee, School Board or County School Superintendent to perform any duty or to make report of any cash received by him or them, as required by the provisions of this act, a right of action shall immediately accrue to the con- tractor against the said ofiicer so in default, and the sureties upon his ofiicial bond, for an accounting and for the recovery of any money received and not transmitted by him or them, and for any damage which may have resulted from his or their neg- lect or failure to comply with the provisions of this act ; and any judgment in favor of the contractor in any such action shall include a reasonable fee for the attorney prosecuting the suit, and such judgment shall be collectible without relief from valu- ation and appraisement laws, and shall be without stay of execu- tion. (R. S. 1894, § 5887 ; R. S. 1897, § 6303.) 61. Failure to report at expiration of term — Embezzle- ment. 7. Any County School Superintendent, Township Trustee or member of any School Board of this State who shall fraudulently fail or refuse, at the expiration of the term for which he was elected or appointed, or at any time during such 84 SCHOOL LAW OF INDIANA. term, when legally required by the proper person or authority, to account for and pay over to such person or persons as may be lawfully entitled to receive the same, all money or school books not previously accounted for, which may have come into his hands by virtue of the provisions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof, shall be imprisoned in the State Prison not more than five years nor less than one year, and fined in any sum not exceeding one thousand dollars and rendered incapable of holding any ofiice of trust or profit for any determinate period. (R. S. 1894, § 5888 ; R. S. 1897, § 6304.) 62. Sale for more than contract price a misdemeanor. 8. Any merchant or dealer Avho shall knowingly or willfully charge, receive, collect or attempt to charge or collect, for any school book or books by him sold to any school patron or pupil, any sum in access of the price at which such book or books are required to be sold by law, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be imprisoned in the county jail not more than six months nor less than thirty days, and fined in any sum not exceeding five hundred dollars. (R. S. 1894, § 5889; R. S. 1897, § 6305.) 63. Contractors to file consent for revision of books. 9. Whenever the contractors for furnishing books for use in the common schools, under the provisions of existing laws herein- before specified, shall have filed with the State Superintendent of Public Instruction their consent, in writing, to the revision or the introduction of an intermediate book, as hereinafter pro- vided, duly executed by them, and the State Board of School Book Commissioners shall determine that a revision is needed of any or all of the books in use in the common schools under contract made pursuant to law, or that an intermediate gram- mar or language lessons is needed, then it shall be lawful for the State, Board of School Book Commissioners to order a revision to be made of any or all of such books as in 'their judgment may be found necessary for the welfare of the common schools of the State, in the manner and under the conditions following : The said Board of School Book Commissioners shall select a competent author or authors to perform the work of revision SCHOOL LAW OF INDIANA. 85 )f the subject-matter of such book or books so ordered to be .-evised. The entire cost of such revision, inckiding the manu- script, ilkistrations, engravings, maps and plates therefor, shall be paid by the contractor or contractors who may at the time of such revision be required to furnish such book or books under their contract with the State. The cost and expense, however, of such revision shall first be agreed upon by the State Board of School Book Commissioners and the contractor or contractors 5efore such work of revision is commenced : Pro- vided, If said Board and contractor or contractors shall, for a period of sixty days after an estimate of the cost of any pro- posed revision has been furnished by such State Board to the contractor, be unable to agree upon an amount, which in the opinion of such State Board would be necessary to cover the cost of any such revision, then the said State Board may adver- tise for bids from publishers of school books for furnishing any such book or books, the cost of revision of which could not be agreed upon ; and in such advertisement, selecting and contract- hig for such book or books, the said Board shall be governed by the provisions of laws now in force respecting such matters, (R. S. 1894, § 5890 ; E. S. 1897, § 6306.) 64. Author to revise — County and State Superintend- ent to scale requisition. 10. Whenever the revision of any book, or series of books, shall be determined upon by the State Board of School Book Commissioners, and they shall have contracted with an author or authors to furnish the man- uscript for such revision, sufficient time shall be given to the author in which to perform the work of revising the subject matter of such book to the acceptance and satisfaction of such Board, and when the revision of the subject matter of any such book is completed by the author and the manuscript thereof furnished to the contractor, at least six months' time shall be given the contractor in which to make the necessary illustra- tions, engravings, maps and plates, manufacture and ship the books to the various school corporations of the State before any such contractor shall be required to furnish any such book, or series of books, so revised for use in the schools of the State under his contract. And no new book, or revised book, or series of books, shall be introduced for use in the schools of the 86 SCHOOL LAW OF INDIANA. State, at any time, by virtue of the provisions of tMs act, nntil tlie State Board of School Book Commissioners shall have given notice to the County Superintendents, Township Trustees and School Boards of the State, by printed notice mailed to each of said school officers, last above named, at least twelve months in advance of the time when such book, or series of books, are to be used in the public schools, and like notice shall be given by said County Superintendents, Trustees and School Boards to all merchants and dealers in their respective school corporations, who may be selling the adopted books. And it shall be the duty of the State Superintendent of Public Instruc- tion and the County Superintendents of each county to scale down to the minimum number all requisitions for school books, which may be made after such notice is given, thereby enabling all Township Trustees, School Boards, and dealers, to dispose of the stock of books in their hands ; but no dealer shall buy or carry on hand, at any time, more books than are actually needed to supply the demands therefor, for the purpose, or with the intent, of preventing the introduction of any new or re- vised book, according to the spirit of this act. And for the purpose of enabling the State Superintendent of Public Instruc- tion to determine when any requisitions should be scaled down in anticipation of the expiration of any existing contract, it shall be the duty of the contractor to furnish to said State Su- perintendent a copy of the quarterly verified reports made by County Superintendents to the contractor, giving the number and kind of books on hand with the various dealers and Town- ship Trustees and School Boards of their respective counties; and at the expiration of such notice such book or books shall only be required to be introduced in the schools as new classes in the study of such branches are being formed, and all classes in such study, or studies, who, at the time of the expiration of the term of such notice, shall have purchased books for use in such classes, shall be allowed time to complete such books be- fore being compelled to buy new or revised books. And at the expiration of any contract now in existence, or which may hereafter be made by the State Board of School Book Commis- sioners, for furnishing books for use in the common schools of the State of Indiana, the books then in use in the common schools of this State under such contract or contracts shall be SCHOOL LAW OF INDIANA. 87 continued in use therein at the same price and upon the same terms and conditions until such time or times as the State Board of School Book Commissioners shall determine that a revision thereof is necessary for the best interests of the schools, when such revision shall be made, or a new book contracted for and introduced for use in the schools as hereinbefore specified : Provided^ That, at the expiration of any such contract, the State Board of School Book Commissioners shall require such con- tractor or contractors furnishing such books to execute a new bond, conditioned that they will continue to execute such con- tract in all regards as they had theretofore executed the origi- nal contract: Provided, further, That nothing herein contained shall be construed as restraining or preventing said State Board of School Book Commissioners, after any such school book, or an}^ such revised book, shall have been in use in the schools of the State for a period of five years, from proposing to the con- tractor furnishing the same, such reduction in the price at which such book or revised book shall be continued jn use in the schools for the next ensuing five years, as, in the judgment of said board, may seem reasonable. If such contractor shall accede to such proposed reduction, then the price of such book or revised book shall, for such ensuing period of five years, be fixed at the orig- inal contract price thereof, less the amount of the reduction so agreed upon, and such price shall be printed on the back of said book, as now required by law. In event said contractor shall not be willing to accede to such terms, the said board may appoint a disinterested person, conversant with such matters, and require the said contractor to select another such person, and the two so chosen shall select a third, and, thereupon, the three so chosen shall inquire into and consider what, if any, reduction ought to be made in the price at which such book or revised book should be furnished for use in the schools of the State for the next ensuing period of five years, and if they shall determine that any such reduction ought to be made, they shall fix the amount of such reduction, and shall certify to the said board and to such contractor their determination in that behalf, and thereupon, if said contractor shall accede to the price thus arrived at, the price of said book for the next ensuing five years shall be fixed at that sum, and the same shall be printed on the back of such books, as now provided by law, and said 88 SCHOOL LAW OF INDIANA. contractor shall be required to furnish the same at such price ; but otherwise, in all regards under the provisions of this act and acts to which it is supplemental. But if such contractor shall decline to accede to such price thus arrived at, then such board shall have the right, in their discretion, to proceed to advertise for bids to furnish a book in the place thereof; and, in so doing, and in all subsequent steps therein, they shall pro- ceed in accordance with the provisions of this act and of the acts to which it is supplemental: And, provided further, T\\iit nothing in this act contained shall be construed to prevent the State Board of School Book Commissioners from exercising their discretion in deciding w^hether they shall order any of the books already in use under contract to be revised, or whether, instead, they shall advertise for books to be adopted instead of said books already in use. (R. S. 1894, §5891; R. S. 1897, § 6307.) 65. Intermediate grammar or la'nguage lessons. 11. If, in the opinion of the State Board of School Book Commission- ers, an intermediate grammar or language lessons is needed for the better teaching of such branch of study, instead of a revision of the series of grammars now in use, it shall then be lawful for such board to provide for such intermediate book, and for that purpose shall proceed, as now provided by law, to advertise for proposals to furnish such book, requiring bond in such sum as they deem sufficient to insure the compliance with such pro- posals, consider such proposals and contract for such book : Prodded, hoioeoer, That such intermediate grammar shall be equal in quality as to material, style of binding and mechanical execution to Long's Lessons in English, and in subject matter shall embrace not less than 110 pages, and shall be adapted to follow in sequence to that of the Language Lessons book of said series now in use, and to be properly introductory to the matter contained in the complete book of tiie series as now adopted; and if revision of the grammar now in use should be determined upon by the State Board of School Book Commissioners, then such modification shall be made of each or either of the books noAV constituting said course in grammar as shall adapt them more perfect!}^ to use in the same series, and as shall cover more perfectly the entire subject matter necessary to a complete edu- SCHOOL LAW OP INDIANA.' 89 cation in this branch of learning. And said intermediate gram- mars shall not be sold to patrons or pnpils of the pnblic schools of this State at a price above or in excess of twenty cents eacli. (R. S. 1894, § 5892 ; R. S. 1897, § 6308.) 66. State Board to meet — Notice. 12. For the purpose of determining what book or books, if any, may need revision, or whether an intermediate grammar is needed, the State Board of School Book Commissioners shall meet on the first Monday of April, 1893, and shall then and there m:ake such inquiry and examination of books then in use under contract with the State as shall enable them to determine upon the propriety of ordering any such revision or intermediate book or Language Lessons. And such Board shall, within sixty days thereafter, determine and give notice to the contractors of any and all revisions that shall be required to be made before the time of the expiration of the existing contract for any such book or books. (R. S. 1894, § 5893 ; R. S. 1897, § 6309.) [1901, p. 489. Approved March 11, 1901. In force May, 1901.] 67. Frequency of revision — Geographies. 13. In no case shall a revision of any book or books, nor shall any intermedi- ate grammar or Language Lessons or any other book, except his- tories and geographies, under this or any other law of this State, be required by the State Board of School Book Commis- sioners oftener than every five years. [1893, p. 165. Approved and in force March 1,1893.1 68. Standard of revision — Contractor's bond. 14. When- ever any book or series of books shall be revised by order of the State Board of School Commissioners such book or books when completed and ready for use in the schools, shall be equal in every respect to the standard now fixed by law, as to subject matter, material, style of binding, and mechanical execution. And said State Board, when contracting for any such revision, shall require the contractor or contractors to enter into a writ- ten agreement for the furnishing of such books, and to execute bond with resident freehold sureties to the acceptance of the Governor of this State for the faithful compliance with their contract, such bond to be in such amount as said board shall ■90 SCHOOL LAV,^ OF INDIANA. deem sufficient for the purposes contemplated. (R. S. 1894, § 5895 ; R. S. 1897, § 6311.) 69. Appropriation. 15. The sum of one thousand dollars is hereby appropriated out of any funds in the State Treasury not otherwise appropriated for the purpose of paying costs and expenses incident to the giving of notices herein provided for by said State Board of School Book Commissioners, and to pay the expenses of the State Superintendent of Public Instruction incurred in the distribution of this act, and of the acts to which this is supplemental, as herein required, and to carry out the provisions of this act. (R. S. 1894, § 5896 ; R. S. 1897, § 6312.) 70. New bond. 16. If at any time the State Board of School Book Commissioners shall find that the bond of au}^ contractor, contracting to furnish books for use in the common schools of the State of Indiana, under this act, or the acts to which it is supplemental, has become insufficient to secure the faithful performance of such contract, or from any other reason become inoperative, they shall have the right to require such contractor to execute a new and sufficient bond to secure the faithful execution of such contract. And upon failure of any such contractor to furnish such new bond within thirty days after being so required by said board, the said board shall give notice thereof to the Attorney-General of the State of Indiana, who shall immediately upon receipt of such notice bring suit to procure the cancellation of such contract of such contractor so refusing. And service of summons in such cause upon the agent of such contractor in the State of Indiana shall be deemed and held to be sufficient service upon the contractor ; and in such case the Attorney-General shall receive a reasonable fee for the prosecuting of such action. (R. S. 1894, § 5897 ; R. S. 1897, § 6313.) 71. State Superintendent's duty. 17. It shall be the duty of the State Superintendent of Public Instruction, immediatel}^ upon the passage of this act, to cause to be printed a sufficient number of copies thereof, as well also of the acts referred to in the first section hereof, to furnish each County Superintendent, School Trustee and member of School Boards in the State of SCHOOL LAW OF INDIANA. 91 Indiana, with one copy thereof, and promptly to distribute the same to such school officers throus^h the County Superintend- ents. (E. S. 1894, § 5898 ; R. S. 1897, § 6314.) 72. Act supplemental. 18. This act shall be construed as supplementary to the acts referred to in the first section hereof, and said former acts are continued in full force and effect, except so far as modified by the provisions of this act. (E. S. 1894, §5899; R. S. 1897, §6315.) 1. Appropriation. In 1899 $1,000 was appropriated to carry out the pro- visions of the school book law. Acts 1899, p. 25. In 1901 $1,000 was appropriated annually. CHAPTER y COUNTY SUPERINTENDENT. Sec. 73. County Superintendent. Eligibility. Impeachment. Office— Supplies— Compensation. Shall examine teachers. May revoke license. Examinations — License. 80. Record-book— Report to State Superin- tendent. 81. State license. 82. Exemption from examination. 83. Record of examination. 84. Certificate from other State. Sec. 85. Examination for graduation. General duties. When must enumerate. Cities exempt. Annual reports. 90. Apportionment — Report. 91. Compensation. 92. Duty as to apportionment. 93. Duty as to School Fund. 94. Interest in private school, can not have. 95. Penalty. 96. Duty of Prosecuting Attorney. 86. 87. 88. 89. [1899, p. 240. Approved and in force March 3, 1899.] 73. County Superintendent. 1. The Township Trustees of each county of this State shall meet at the office of the Auditor of their county on the first Monday of June, 1899, at 10 o'clock a. m., and every four years thereafter, and elect by ballot a County Superintendent for their county. Such County Superintendent, unless sooner removed, shall hold his office until his successor is elected and qualified. Before entering upon the duties of his office he shall subscribe and take an oath to perform faithfully such duties according to law, which oath shall be filed with the County Auditor. He shall also execute a bond, with freehold security, to the approval of the County Auditor, payable to the State of Indiana, in the penal sum of 92 SCHOOL LAW OF INDIANA. five thousand dollars, conditioned upon the faithful discharge of his duties according to the law, and faithfully to account for and pay over to the proper persons all moneys and property in connection with his duties under the text-book law which may come into his hands by virtue of such office. As soon as such bond be filed, the County Auditor shall report the name and postofiice address of the person so elected to the State Superin- tendent of Public Instruction. Whenever a vacancy may occur in the ofiice of County Superintendent, the said Township Trus- tees, on at least three days' notice given by the County Auditor, shall assembly at 10 o'clock a. m. on the day designated in such notice at the office of such Auditor, and fill such vacancy by ballot for the unexpired term. In all elections of a County Superintendent the County Auditor shall be clerk of such elec- tion and in case of a tie vote, the Auditor shall cast the deciding vote. Such Auditor shall keep a record of such election in a book kept for that purpose. 1. Amendments void. The act of March 9, 1875 (Acts 1875, p. 131), attempting to amend this section, and §f 79, 86 and 92, is unconstitutional and void. — Board v. Smith, 52 Ind. 420 ; State i'. Harrison, 67 Ind. 71 ; likewise in the attempted amendment of 1895 (Acts 1895, p. 208), Borings. State, 141 Ind. 640. 2. QuoKUM FOR APPOINTMENT. The Couutv Auditor, not being a member of the body, can not be counted in determining whether or not a quorum is pres- ent. An election by less than a quorum is void. — States. Porter, 113 Ind. 79; State V. Edwards, 114 Ind. 581. 3. Meeting of Tkustees. The Trustees may be compelled by mandamus to meet and elect a County Superintendent, but they can not be compelled to elect a particular person to the office. If they fail to meet on the proper day, they may thereafter meet and elect such officer. — Wampler v. State, 148 Ind. 557; Sacket v. State, 74 Ind. 486. State v. Harrison, 67 Ind. 71, is overruled by Wampler's case. 4. Mode of election. The Auditor has a right to act as the clerk of the Board of Election, keep a record of the same, and give the casting vote in case of a tie. The Trustees have the right of controlling the manner of the election. The Auditor's declaring a person elected does not amount to anything; he has no right to make such declaration. It is the duty of the Board of Trustees to do that, and until they finally settle the matter a member has a right to vote. The appoint- ment has very few elements of a popular election about it. The law simply pro- vides that the Township Trustees shall appoint, and says nothing about the manner in which the appointment shall be made. Any mode that they may adopt by which they can arrive at the expression of the wish of the majority is sufficient to designate the person to be appointed, and there is nothing binding until there is a final determination of the subject by the Trustees. — State v. Kil- rov, 86 Ind. 118. SCHOOL LAW OF INDIANA. 93 5. AVho eligible. To be eligible to the countv siiperintendency a person must be a ioJia/V'c/e resident and elector of the county. — R. S. 18S1, §154; E. S. 1894, §154; R." S. 1897, §154. He must have been an inhabitant of the county during one year preceding his appointment, but it is not essential that he should have been a citizen or elector for so long a time.— State v. Kilroy, 86 Ind. 118. 6. Disputed election. The qualifying of the appointee consists in the execution and acceptance of the required bond, and taking and subscribing the oath of office. A person who has received the certificate of appointment and taken the above action is County Superintendent, at least de facto. ■ If the validity of the appointment is disputed, the right to the ofiice may be tested by a writ of quo ivarranto against one of the claimants. 7. Appeal on dismissal — Superintendent can not serve while appeal IS PENDING. When the Board of County Commissioners could remove a Count}^ Superintendent, an appeal lay to the Circuit Court from a decision dismissing a Superintendent from office. While such appeal was pending, the person dis- missed could not act as Superintendent, but a successor might be appointed, and hold for the unexpired term, unless the person dismissed was reinstated by the Court. See Walls v. Palmer, 64 Ind. 493, and State v. Chase, 41 Ind. 356 ; J., M. & I. Ey. V. McQueen, 49 Ind. 64. 8. Judicial notice. Courts take judicial notice of the year in which County Superintendents are to be elected. Wampler v. State, 148 Ind. 557. 9. Length op term. A County Superintendent, properly elected and qualified, hold his office until his successor is elected and qualified. — State v. Sutton, 99 Ind. 300. 10. Record of election. The Record of a Superintendent's election, made by the County Auditor, is pj'ima/acie correct, and is prima facie evidence of such election.— State v. Sutton, 99 Ind. 300. 11. Election by ballot. In a suit regarding the validity of an election the ballots are the best evidence, but when they have been lost, it is proper for the jury or Court to consider the testimony of Trustees who cast the ballots, and of those who counted them and announced the result. — State v. Sutton, 99 Ind. 300. 12. Acquiescence in election. Where the Trustees agreed that the elec- tion, should be by ballot, adhered to that mode throughout, and at the time the result was announced supposed the result was correctly announced, it was decided by the Court that an adjournment without an objection was not an acquiescence in the result, and that such action did not amount to an acquiescence in the result. State v. Sutton, 99 Ind. 300. Without, however, regard to whether the votes of a majority of all the School Trustees are necessary to the valid appoint- ment of a County Superintendent, where such Trustees recognize the appointment as valid, and the appointee qualifies and enters upon the duties of the office with the acquiescence of all others, he may compel his predecessor to deliver the rec- ords of the office to him.— McGee v. State, 103 Ind. 444. 13. Mandamus. Mandamus is the proper remed}' to compel a Superintend- ent to turn over the records and furniture of the office to his successor. — McGee V. State, 103 Ind. 444. 14. Resignation. Where, without notice of the withdrawal of a resignation previously made, the time arrives for it to take effect, and a successor to the in- cumbent is duly appointed, no formal acceptance of such resignation is necessary to deprive such incumbent of title to the office. — McGee v. State, 103 Ind. 444. 94 SCHOOL LAAV OF INDIANA. 15. Eegularity of appointment. One can not contest the regularity of the appointment of a successor, wlio has become invested with an apparent title, by refusing to surrender the records of the office. — McGee v. State, 103 Ind. 444. 16. Voting fob himself. A ToAvnship Trustee can not vote for himself, and if he does his vote is void. A failure of the Trustees voting for other candi- dates to make further objections after the presiding officer has announced the re- sult of the election, can not be taken to be either an implied or informal vote in favor of the officer who voted for himself. — Hornung v. State, 116 Ind. 458. 17. TpvUSTEES present and not voting. There were eight Trustees, all there were in the county, present. Four voted for A, and the other four declined to vote. The chairman announced that the vote was a tie, and the Auditor then voted for A, and the chairman declared him elected. A qualified and demanded the office. It was decided that he was duly elected; that there was a quorum present; that he received the votes of all those present and voting, which was a majority of the number necessary to constitute a quorum, and that he received the necessary number without the vote of the Auditor, who would only be entitled to vote in case of a tie. — State v. Dillon, 125 Ind. 65. 18. Auditor voting. Township Trustees met at the time required by stat- ute; several ineffectual votes were taken, and on the last ballot one-half of the Trustees voted for E, and the others voted blanks. A resolution was then offered declaring that E be appointed. The vote on this resolution was evenly divided for and against it. The Auditor then gave a casting vote for the resolution and a certificate of election was issued to E. It was held that the election of E was void. — State v. Edwards, 114 Ind. 581. This case, however, has been modified by the decision in the case cited in note 17, and it was overruled in State v. McFar- land, 149 Ind. 266, where it was decided that the County Auditor is authorized to give the casting vote in case of a tie in all instances, regardless of the method adopted in voting. Now the election must be by ballot. 19. Filing bond. Mere failure to file the bond within the time required by law does not render the office vacant. — Board v. Johnson, 124 Ind. 145. The Auditor can not refuse to approve the bond on the ground that the Super- intendent w^s corruptly elected. — State v. Board, 124 Ind. 554. 20. When may be removed. Formerly a County Superintendent could be removed at a special term of the Board of County Commissioners. — Huffofd v. Conover, 139 Ind. 151. But now they must be removed by impeachment in the Circuit Court.— Sec. 75. 21. Trustee incompetent. The election of a County Superintendent can not be declared illegal on the ground that a Trustee, whose vote he received, and which was necessary to his election, was incompetent to hold the office of Trus- tee. — State V. Crowe, 150 Ind. 455. 22. Sale of intoxicating liquors on election day. The statute does not prohibit the sale of liquors on the day a County Superintendent is elected. — State V. Hirsch, 125 Ind. 207. 23. Not a judicial office. The office of County Superintendent is not a judicial office. — Branaman v. Hinkle, 137 Ind. 496. 74. Eligibility. 3. jSTo person shall be eligible to or shall hold the office of County Superintendent unless he hold at the time of his election a thirty-six months' license, or life or pro- SCHOOL LAW OF INDIANA. dD fessional license, to teach in the public scliools of this State : Provided, That nothing herein contained shall aiFect the title of any County Superintendent now in office or disqualify him for re-election at the next election of County Superintendent. 75. Impeachment. 2. Any County Superintendent may he impeached for immorality, incompetency or general neglect of duty, or for acting as agent for the sale of any text-hook, school furniture, maps, charts or other school supplies, and such impeachment proceedings shall in all things he governed hy the provisions of law now in force for impeaching county officers. 1. Statute. For the statutes concerning impeachment of officers, see E. S. 1897, §8514 and §8548; Supp. K. S. 1894, §8108a and §810811, and Acts 1899, p. 188. [1899, p. 467. Approved March 6, 1899, in force April 28, 1899.] 76. Office — Supplies — Compensation. 1. The Board of Commissioners of any county in this State shall provide in the court house, or at the county seat, public offices for the SheriiF, County Superintendent of Schools and Surveyor of the county respectively, and all records and papers required by law to be made by such officers shall be kept and preserved in such office and shall be delivered to their successors. 1. Old laay. Until this statute was enacted in 1899, the county was not required to furnish the County Superintendent an office. Board v. Axtell, •96 Ind. 384. 2. Repeal. This section having been enacted three days later than section 11, Acts 1899, p. 240, repeals the latter. [1899, p. 240. Approved and in force March 3, 1899.] 77. Shall Examine Teachers. 7. The County Superin- tendent shall hold one public examination, beginning on the last Saturday of January, February, March, April, May, June, July and August of each year. In no case shall he hold a pri- vate examination, but special public examinations may be held any time upon written request of school boards, as hereinafter provided. The County Superintendent shall examine at such examinations, by a series of questions furnished by the State Board of Education, all applicants for license as teachers in the common scliools of the State. Before any applicant can be ex- 96 SCHOOL LAW OF INDIANA. amined he shall produce to the County Superintendent a certifi- cate of good, moral character from a School Trustee of the county, then in office, or other satisfactory written evidence of good moral character, which certificate or other evidence shall be marked filed of that date by such County Superintendent and preserved as an office paper. If, from the ratio of correct answers, the applicant is found to possess knowledge which is sufficient in the estimation of the County Superintendent to enable said applicant successfully to teach, in the common schools of the State, orthography, reading, writing, arithmetic, geography, English grammar, physiology, the history of the United States, scientific temperance and literature, to govern such schools, and is versed in the science of teaching, the County Superintendent shall at once fill out and deliver to such applicant a license for a term of six (6), twelve (12), twenty- four (24) or thirty-six (36) months, according to the ratio of correct answers and other evidences of qualifications given upon said examination, the standard of which shall be fixed by the County Superintendent; and in examining persons for positions to teach in graded schools in cities and towns, the County Superintendent may take into consideration special fitness of such applicants to perform the services required of them, and shall make on the licenses issued to such applicants a statement of the kind of work for which they are especially qualified; and all applicants, before being licensed, shall produce to the County Superintendent the proper Trustee's certificate or other satisfactory evidence of a good moral character : Provided^ That a six months' license shall be regarded as a trial license, and that no person who hereafter receives a six months' license in any county shall be again thereafter licensed from said county unless he obtains a grade which shall entitle him to receive at least a twelve months' license : And, provided^ That any person now possessing a thirty-six months' license, whose next consecu- tive license shall be for a term of thirty-six months, or any per- son who shall hereafter receive two licenses in succession, each for thirty-six months, may receive, at the expiration of such several licenses, a license for the term of eight years upon such an examination held by the County Superintendent as -may be prescribed by the State Board of Education, and such license shall issue only upon the approval of the State Board of Edu- SCHOOL LAAV OF INDIANA. 9f cation, and shall be styled a professional license, and shall entitle the holder to teach in any of the schools of this State : Provided, That any person who has taught for six consecutive years in the common schools of this State, and now holds a three years' license to teach therein, or who, having previously taught for six consecutive years in said common schools, and shall hereafter obtain a three years' license to teach therein, or who has heretofore been exempted, shall be forever afterward exempt from examination so long as he or she shall teach in the common schools of the county in which said three years' license was obtained ; but if such person shall, at any time after said exemption accrues, suffer a period of one year to pass without having taught one full school year in the common schools of the county within said period, then said exemption shall cease at the option of the County Superintendent ; and if such person shall, during such exemption, seek employment to teach other or higher branches in the common schools of this State than those branches which were included in the examination upon which said three j^ears' license was issued, then he or she shall be examined in such additional branches : Provided, That said County ' Superintendent be authorized to issue an exemption license upon proper affidavit or affirmation of said applicant, and that said exemption license be subject to revocation as other licenses issued by said County Superintendent. 1. Professional, licenses. It is ordered by the State Board of Education that persons who have received two county licenses of the first grade may be ad- mitted to an examination for an eight years' professional license, which shall comprise the subjects of elementary algebra, elements of physics, elements of bot- any, grammar, civil government, American literature, and the science of teach- ing. Such examination shall be conducted by the County Superintendents in the several counties, upon questions prepared by the State Board ; the manuscripts shall be sent to the Board for gradation, and the certificates granted shall take effect upon the expiration of the thirty-six months' licenses held by the person receiving them. An examination for eight years' licenses is held in March, annually. 2. Appeal. If an applicant for a license is not satisfied with the grading of his County Superintendent he may appeal to the Superintendent of Public In- struction; and if, on the other hand, any patron of a school thinks that a teacher thereof has been too liberally graded, the same right of appeal exists in such patron as in the applicant for a license. 3. Incompetent teacher. A County Superintendent may refuse to license a teacher whom he knows to be incompetent to teach. There are two ways that 7 — ScH. Law. 98 SCHOOL LAW OF iNttlANA. such knowledge may come to him : 1st. From personal visitation and inspection of his school work. 2d. From statements made by those in a position to inspect such work. 4. Exemption license. The law expressly says that a teacher must teach without interruption after a license is issued to him under the exemption clause of this section. The inference is that the six years' teaching done should have been done in the six years last past — that is, without any interruption — to entitle an applicant to the exemption. The County Superintendent may require such evidence of his teaching in other counties as will satisfy him that the teacher has done the necessary work, and that he has shown a degree of success sufficient to justify the Superintendent in granting the renewal. It is, therefore, decided by the Superintendent of Public Instruction that the teaching must have been done in the six years last passed, but that the teaching in other counties may be cred- ited if the County Superintendent is fully satisfied that the teaching in other counties has been successful. 5. Powers of Superintendent not judicial — Liability. The County Superintendent belongs to the executive department of the government ; he acts in neither a judicial nor gttctsi-judicial capacity in licensing persons to teach, and he has a discretion on the subject of licensing teachers, which is so far analogous to judicial discretion that he is protected from any claim for damages on account of any mistake in his decisions, or error in judgment, either in granting or with- holding a license. Yet he is liable in damages for maliciously withholding a license to teach from an applicant lawfully entitled to receive the same, and he will be held to have acted maliciously where he acts either from willful and wicked or from corrupt motives. — Elmore v. Overton, 104 Ind. 548. 6. License and certificate. There is no legal distinction between the granting of a license to teach and the act of issuing a certificate of that fact. The terms are convertible, and the "licensing" implies the issuing to an appli- cant of a written permission to teach in the public schools. — Elmore v. Overton, 104 Ind. 548. 7. Principals and high school teachers in town and city schools. The spirit of the law is fully complied with when high school teachers pass exam- ination in such branches and only such as they are required to teach. If an applicant is to teach say Latin, Geometry, General History and Physics, there is no good reasoa for requiring him to pass on the "eight common school branches.'' It is doubtful whether a teacher can legally draw money from the tuition revenue for teaching the high school branches on a common school license. The intention of the law clearly is that a teacher's fitness to teach should be tested on what he is required to teach, not on what he is not required to teach. Generally an examination in the enumerated branches is sufficient, but when a school district has decided by legal school meeting, under section . . . ., that they desire other or higher branches taught in their school, then the Superintendent must examine the applicant on the additional branches required by the school meeting. But in case a School Board requires a special teacher in a graded school, such teacher should be examined only on what he is required to teach. 8. Discretion. Reasonable discretion of the County Superintendent can not be controlled by the courts. 9. Mandamus. Mandamus will not lie to compel the issuance of a teacher's certificate by the County Superintendent ; the Superintendent being vested with a SCHOOL LAW OF INDIANA. 99 discretionary power, the court may compel him to act upon an application, but can not control his discretion, The mode of procedure in such a case is an appeal to the Superintendent of Public Instruction, and if after hearing the case he orders the County Superintendent to issue a certificate, mandamus would lie to compel him to do so. 10. Ministerial duty. Mandamus is the proper action to compel an officer to perform any ministerial duty, but mandamus will not lie to compel the per- formance of any discretionary duty. 11. Liability. If a County Superintendent -makes an honest mistake in his judgment as to his duties under the law, or as to facts submitted to him, where he has a discretion, it will not render him liable for damages. — Branaman v. Hinkle, 137 Ind. 496 ; Elmore v. Overton, 104 Ind. 548. 78. May revoke license. 9, The County Superintendent shall have the power to revoke licenses heretofore granted by himself or predecessors or hereafter granted by the State Super- intendent of Public Instruction, for incompetency, immorality, cruelty or general neglect by the holder of the business of his school. Due notice of such revocations shall be given in writ- ing by the County Superintendent and an appeal therefrom shall lie to the State Superintendent of Public Instruction, and if the same be taken within five days after notice is given it shall operate as a stay of proceedings until the State Superin- tendent of Public Instruction shall have j)assed upon such appeal. The revocation of the license of any teacher shall terminate his employment in the school in which he may have been employed to teach. 1. Revocation of license. In the revocation of a license, the Superin- tendent may act upon his own knowledge, or he may proceed upon petition of the patrons. In the former case he should make out and record charges and specifications, based on his own knowledge, and furnish the teacher a copy thereof citing him to appear at a certain time and answer with such evidence and expla- nations as he may be able to give. The answer and evidence should be made a matter of record, together with the finding of the Superintendent. In case a peti- tion for the revocation of a license is received from patrons, the Supei'intendent may dismiss it if the comY)laints are of a frivolous character. A mere petition is not enough. Definite charges and specifications should be filed with it. When such charges are received, the Superintendent should fix an early day for the trial, notify the teacher of the pendency of charges and furnish him a copy there- of, and notify all parties interested of the time and place at which the ti'ial will be held. An accurate record of all the proceedings should be made and all papers filed, for use in case of an appeal to the Superintendent of Public Instruction. When- ever a license has been revoked, the Superintendent should make a record of the fact, and immediately notify all the Trustees of the county. A license having once been granted, the teacher acquires a proprietary interest in it. It is in one 100 SCHOOL LAW OF INDIANA. sense property. No teacher should be deprived of his license without an oppor- tunity to answer charges that may be brought against him, whether by the County Superintendent or others. The license of a teacher guilty of forgery may be re. voked ; he must, however, be actually guilty of the crime, and while an indict- ment against him is strong evidence of his guilt, it is far from conclusive; for on the trial he may be acquitted. The fact that he dismissed school to attend his trial, does not authorize his dismissal. The fact that many citizens of the vicinity of the school believe he is guilty does not authorize the revocation of his license nor his dismissal. The fact that his teaching tends to lower the moral standard of the schools of the county, and hinder the County Superintendent in his efforts to uphold it, does not authorize his dismissal. A license can only be revoked for the causes enumerated in the above section. If a majority of those entitled to vote at a school meeting petition the Trustee to dismiss him, the Township Trus- tee may do so, after due notice and good cause shown. A County Superintendent is not liable for revoking a license unless he acted maliciously. 2. Practice. When charges of incompetency are made against a teacher, those making the charges should be required to prove them by the oaths of such witnesses as have a knowledge of the facts. If the teacher fail in the government of his school, or ability to teach falls short of the proper standard, the Superin- tendent is justified in revoking the license, if these facts are proved. The exam- ination of the teacher in technical school work has been settled by the issuing of a license to him. The charges of incompetency should cover that part of the teacher's work along the line of the practical or administrative side of his work. Observations of the County Superintendent gleaned during his visits is proper evidence to be considered in passing judgment upon the case. 3. Immorality. "An act is considered as immoral which is inconsistent with rectitude, contrary to conscience, wicked, unjust, dishonest or vicious." [1873, p. 75. Approved and in force March 8, 1873.] 79. Examinations — License. 37. The County Superin- tendent shall hold at least one public examination in each month in the year in his county; and in no case shall he grant a license upon a private examination ; and all licenses granted by him shall be limited to the county in which they are granted. (R. S. 1881, §4427; R. S. 1894, §5903; R. S. 1897, § 6120.) 1. When held. Examinations are now held on the last Saturday of the first eight months of the year. See § 78. [1899, p. 240. Approved and in force March 3, 1899.] 80. Record-book — Report to State Superintendent. 8. That the County Superintendent shall provide a blank book, at the expense of the county, in which he shall keep a record of his proceedings, and shall deliver such record, and all other books, papers and property appertaining to his office, to Ms SCHOOL LAW OF INDIANA. . 101 successor. He shall also keep a record of all applicants for a license, kind and length of the license to which each successful applicant is entitled, as well as a number of licenses revoked by him. He shall report to the State Superintendent of Public Instruction the names (and dates thereof) of those whose licenses he revokes. 1. Parol proof of contents op record. The presumption is that a County Superintendent keeps a record of his proceedings, which is the best evidence of his acts in either granting or refusing a license; and in an action against him for maliciously withholding a license, oral proof of his admission that he had granted a license to the applicant is inadmissible unless it is averred in the complaint and first shown that he kept no such record as required by ths statute, or that such record is incorrect. — Elmore v, Overton, 104 Ind. 548. 2. Recording decision. The decision of the Superintendent is binding, on appeal, on the Trustee from the time it is given, though not entei'ed iia the Super- intendent's record until afterwards. — Knight v. Woods, 129 Ind. 101. 3. See § 83. [1890, p. 488. Approved March 6, 1899. In force April 28, 1899.] 81. State license. 1- The County Superintendent shall ex- amine at such examinations at such times and in such subjects as now required by law by a series of questions furnished by the State Board of Education, all applicants for license as teachers in the common schools of the State ; that such applicants shall have the right to elect to have their manuscripts sent to the State Superintendent of Public Instruction for examination, which license shall not be confined, to any particular county; but be taken as qualifying the person to whom granted, so long as in force, to teach anywhere within the State, if of the proper grade for the school for which he may be employed. Each applicant who so elects to have manuscripts sent to the State Superintendent of Public Instruction for examination shall, be- fore the examination begins, pay to the County Superin- tendent a fee of one dollar, said payment to be made but once in any one calendar year, and if such applicant presents himself, at other examinations within the year, he shall exhibit a receipt to the County Superintendent, showing that said fee has been hitherto 'paid : Provided, That no person shall be allowed more than three examinations in any one year, except on payment of one dollar for each additional examination. The County Super- intendent shall issue his receipt for all fees paid under the pro- 102 SCHOOL LAW OF INDIANA. visions of this act, and shall immediately send such fees to the State Superintendent of Public Instruction, who shall issue his receipt therefor to the County Superintendent. The State Superintendent of Public Instruction shall use such funds in the employment of a sufficient number of qualified persons to grade the manuscripts and perform the services incident to the opera- tion of the license system instituted by this act. The State Superintendent of Public Instruction shall publish annually, under oath, an itemized statement of the receipts and disburse- ments of the moneys contemplated in this act, stating for what paid and to whom paid, with proper receipts for the same, keeping the original receipt on file in his office and open to public inspection. 'No examinations shall extend over a period of more than two days, and shall be conducted in the immedi- ate presence of the County Superintendent, pursuant to such instructions and directions as the State Board of Education may provide. The manuscripts containing the answers to said ques- tions shall be delivered by the applicant to the County Superin- tendent, who shall designate the same by number. The County Superintendent shall then record both the number of the manu- script and the name of the applicant in a record for that pur- pose, and send the fee named above and the grade of school- room success ; and the manuscript of the applicant numbered as above, to the office of the State Superintendent of Public In- struction for gradation. The professional ability of school-room success of an applicant shall be furnished by the County Super- intendent and graded from 50 to 100 per cent. Teachers em- ployed in a city or town school shall be certified to on profes- sional ability by the Town Superintendent (if there be one) or City School Superintendent. This shall be accepted by the County Superintendent as the estimate of the applicant's pro- fessional success. The general average in the branches which shall indicate the applicant's academic standing, furnished by the State Superintendent of Public Instruction, shall constitute one part of the applicant's grade, and the per cent, placed upon the applicant's school-room success, shall constitute the other part. The sum of these two items divided by two, shall give the complete general average upon which all the license shall be issued. If, from the ratio of correct answers the applicant is found to possess knowledge which is sufficient to enable him SCHOOL LAW OP INDIANA. 103 successfully to teach in the couimoii schools of the State, orthog- raphy, reading, writing, arithmetic, geography, English gram- mar, physiology, the histor}^ of the United States, s«ientiiic temperance and literature, to govern such schools, and is versed in the theory of the school, the County Superintendent shall at once report the name and postof^ce address of such person to the State Superintendent of Public Instruction, together with the grade of license to which such applicant is entitled, and the State Superintendent of Public Instruction shall at once fill out and mail to such applicant a license for a term of twelve (12), twenty-four (24), or thirty-six (36) months, valid for teaching the above branches only; and for sixty (60) months, the latter to be known as a high school license ; such high school license shall in- clude, in addition to the subjects enumerated above, such addi- tional subjects as the State Board of Education may elect, which license shall be for use in the noncommissioned high schools of the State : Provided, That for the proper classiiication of teachers' licenses named herein, the life license shall be denominated a license of the first grade ; a professional license shall be denomi- nated a license of the second grade; the high school license shall be denominated a license of the third grade; the thirty- six months' license shall be denominated a license of the fourth grade ; the twenty-four months' license shall be denominated a license of the fifth grade, and the twelve months' license shall be denominated a license of the sixth grade. The standard of all licenses shall be fixed by the State Board of Education by indicating the minimum per cent, in each branch and the re- quired general average for each grade of license above enu- merated. 82. Exemption from examination. 2. Any person who has previously taught for six (6) consecutive years in said com- mon schools, and shall hereafter obtain a three (3) years' license to teach therein, so long as he teaches the above named subjects, shall be forever afterward exempt from examination ; but if such person shall, at any time after said exemption occurs, sufter a period of one year to pass without having taught one full school year in the common schools of the State within said period, except in case of physical disability, properly certified by a reputable physician, then said exemption shall cease. If 104 SCHOOL LAW OF INDIANA. said person shall, during' such exemption, seek employment to teach other or higher branches in the common schools of the State than those branches which were included in the examina- tion upon which said three years' license was issued, then he shall be examined in such additional branches. 83. Record of examination. 3. The County Superin- tendent shall provide a blank book, in which he shall keep a record of minutes of his proceedings, and shall deliver such record, and all other books, papers and property appertaining to his office to his successor. He shall also keep a record of all applicants for license and the kind and the length of the license to which each successful applicant is entitled, as well as the number of licenses revoked by him. He shall report to the State Superintendent of Public Instruction the names of those whose licenses he revokes and the date of such revocation. 1. See Sec. 80. [1899, p. 448. Approved March 4, 1899; in force April 28, 1899.] 84. Certificates from other States. 1. The State Super- intendent of Public Instruction may countersign the life State certificates of teachers of other States, when the holders of such certificates shall have furnished satisfactory evidence of good moral character, and experience and success in teaching, as is required for life State certificates in this State ; and when so countersigned such certificates shall be valid in any of the schools in this State : Provdded, That the requirements for ob- taining the life State certificates of other States shall be equiv- alent to the requirements for the same certificates in this State, [1899, p. 240. Approved find in force March 3, 1899 .J 85. Examinations for graduation. 6. The County Super- intendent shall provide for the examination of all applicants for graduation in the common school branches from township, dis- trict or town schools during the months of March, April and May, and furnish them certificates of graduation, if in the judgment of the County Superintendent they are entitled thereto, which shall entitle the recipients to enter any township, town or city high school of the State if he be otherwise entitled to the priv- ileges thereto. He shall likewise provide for the examination SCHOOL LAW OF INDIANA. 105 of all applicants for graduation from the township graded or town graded high schools not employing a Superintendent dur- ing the months of April, May and June, and furnish them cer- tificates of graduation, if entitled thereto. He shall attend as many commencements as he can of the township and town schools, and also of the township and town high schools. He shall hold one preliminary institute in each township in his county before the schools for that school year open, for the pur- pose of helping the teachers in the organization of their schools and giving any other needed assistance; but instead of holding such preliminary institutes in each township, he may hold a joint institute for two or more adjoining school corporations. [1899, p. 240. Approved and in force March 3, 1899.] 86. General duties. 4. That the County Superintendent shall have the general superintendence of the schools of his count}^ He shall attend each township institute at least once in each school year, and as often thereafter as possible, and preside over and conduct its exercises. He shall visit schools while they are in session for the purpose of increasing their usefulness and elevating, as far as practicable, the poorer schools to the standard of the best. He shall conduct teachers' insti- tutes and encourage other like associations, and shall labor, in every practicable way, to elevate the standard of teaching and to improve the condition of the schools of his county. In all controversies of a general nature arising under the school law, the decision of the County Superintendent shall first be ob- tained ; and then an appeal, except on local questions relating to the legality of school meetings, establishment of schools, and the location, building, repair or I'emoval of school houses, or transfer of persons for school purposes and resignation and dis- missal of teachers, may be taken from his decision to the State Superintendent of Public Instruction on a written statement of facts, certified to by such County Superintendent. N^othing in this act, however, shall be construed so as to change or abridge the jurisdiction of any court in cases arising under the school laws of this State ; and the right of any person to bring suit in any court in any case arising under the school laws shall not be abridged by the provisions of this act. He shall at all times carry out the orders and instructions of the State Board of 106 SCHOOL LAW OF INDIANA. Education and the State Superintendent of Public Instruction, and shall constitute the medium l)etween such State Superin- tendent and subordinate school officers and the schools. 1. Care and oversight. The Superintendent has the care and oversight of the schools of his county, with authority to direct in their organization and man- agement. 2. Visitation. To make his visitations of much value, the Superintendent ought to visit each school at least twice a year. This can be done under the law by giving each school a half day at a visit. It is safe to say it was the intention of the Legislature that the Superintendent should be allowed at least as many dayo for visiting the schools as he has different teachers to visit. The Commis- sioners should not in any case restrict him to fewer days than this, and if he be a prudent man it would be safe to let him visit at his own discretion. The restriction can be placed upon him at any time if it be shown that he abuses his privilege. 3. Power as to course of study and rules. The management and con- trol of the schools is conferred by law upon the Trustees, and this power invoives the right to prescribe a course of study and make rules and regulations. But the Trustees also appoint a County Superintendent, who^ in a large department of school government, is the representative and agent of the Trustees, and to him their powers are delegated so far as is necessary to successful administration. If neither the County Board of Education nor the Trustees individually have taken the necessary action, the Superintendent may arrange a course of study and direct its enforcement in the schools, and may make reasonable rules and regu- lations, and the refusal of a teacher to obey the Superintendent in these particu- lars, would be such "neglect of the business of the school" as would warrant a revocation of his license, or would indicate such incompetence "to successfully teach " as woul^ warrant a refusal to grant him another license. 4. Liability. A County Superintendent is not liable for his official acts,, unless they were wanton and malicious, where he has a discretion in their per- formance. Branaman ('. Hlnkle, 137 Ind. 496; Elmore r. Overton, 104, Ind. 548. [1873, p. 68. Approved and in force March 8, 1873.] 87. When must enumerate. 40. When any Trustee shall neglect to file with the County Superintendent an enumeration of the children of the township, town or city, as required by section 118, the County Superintendent shall, immediately after the first day of May in each year, employ a competent person to take the same, and allow a reasonable compensation for such services, payable from the special school revenue of the township ; and shall proceed to recover the same in the name of the State of Indiana, for the use of said revenue of said township, by action against the said Trustee in his individ- ual capacity ; and in such suit the County Superintendent shall be a competent Avitness. (R. S. 1881, § 4430 ; R. S. 1894, § 5906 ; R. S. 1897, §6123.) SCHOOL LAW OF INDIANA. 107 1. In so far as the provisions of the above section affect the Trustee, they are penal and apply only where he has failed to file any report, and they have no ap- plication when a report in proper form, duly verified, has been filed. Young v. State, 138 Ind. 206. [1899, p. 240. Approved and in force March 3, 1899.] 88. Cities exempt. 5. City schools, however, having duly appointed Superintendents, shall be exempt from the general superintendence authorized by this act, upon a written request of the School Board of said cities that such supervision be not extended to such cities by the County Superintendent. 1. Exemption of cities. This privilege is not extended to incorporated towns. The request should be addressed to the County Superintendent, and should be entered in the records of the City School Board. From the date of the request and so long as a City Superintendent is employed the County Superin- tendent has no authority over the city schools, but such authority will revive if the City Board fails to employ a Superintendent. 11895, p. 127. Approved March 5, 1893; in force June 28, 1895.] 89. Annual Reports. 41. The County Superintendent shall, on or before the fifteenth day of May, annually make out and forward to the State Superintendent the enumeration of their respective counties, with the same particular discrimina- tion required of the Trustees. When, however, the State Super- intendent of Public Instruction, upon examination of the enumeration returns of any county, or of any township, town or city of such county, finds any evidence that the enumeration- is excessive in numbers, or otherwise incorrect, he may requi»re the County Superintendent to cause the enumeration of such county, township, town or city to be retaken and returned according to the provisions of this act, and the school revenuo to be distributed to said county upon such corrected enumera- tion. If, however, the corrected enumeration is received by the State Superintendent of Public Instruction too late for the semi-annual apportionment, the State Superintendent of PubMc Instruction shall make the apportionment on the last accepted enumeration. They shall, on or before the fifteenth day of October, annually furnish the statistical information which Trustees are required to report to them in such form as may be prescribed by the Superintendent of Public Instruction. They shall also furnish with such statistical report sueh additional information, embodied in a written report, relative to the con- dition of the schools, school houses, and the general progress of education, etc., in the county, as the State Superintendent 108 SCHOOL LAW OF INDIANA. may from time to time call for. On failure of any County Superintendent to make his report of enumeration by the fif- teenth day of May, his county shall be subject to a diminution of twenty-five dollars ($25) in the next apportionment of school revenue by the State Superintendent, and on failure to make his statistical and other reports by the fifteenth day of October, his county shall be subject to a diminution of ten dollars ($10) in the next apportionment likewise. The sum thus withheld may be collected from said County Superintendent, on his bond, in a suit before a Justice of the Peace, prosecuted in the name of the State, by any person living in said county, who has chil- dren enumerated for school purposes for the current year, who is aggrieved by said diminution. Said suit may be commenced within two years from the time when said report is due, and not afterward : Provided, That said County Superintendent may discharge himself from liability to such suit by a certifi- cate of the postmaster that said report was mailed in due time, together with his own affidavit of that fact. (R. S. 1897, § 6124.) 1. Private Institutions. County Superintendents are expected to furnish statistical and other reports relative to private schools, high schools, colleges and other private institutions of learning within their respective counties, so as to enable the Superintendent of Public Instruction to present a view of all the edu- cational facilities of the State. 2. See section 17. 3. Mandate. Mandamus lies to compel the County Superintendent to make the report required by the above section, and the trustee of a township affected may bring the action for such a mandamus. Young v. State, 138 lud. 206. [1865, p. 3. Approved and in force March 6, 1865.] 90. Apportionment— Report. 42. The County Superin- tendent shall make out, from the lists of enumeration and the reports of transfers, the basis of the apportionment of school revenue to the several townships, towns and cities of their re- spective counties, and parts of congressional townships of ad- join.ing counties Avhose congressional township fund is managed in tlieir counties, and report the same to the proper County Auditors by the first day of June, annually, so as ,to enable County Auditors to accurately apportion the school revenue for tuition. (R. S. 1881, § 4432; R. S. 1894, § 5908; R. S. 1897, § 6125.) 1. Congressional Townships, The basis of apportionment should show,- by number and range, the congressional townships, or parts of congressional SCHOOL LAW OF INDIANA. 109 townships, which form each civil township, the number of children enumerated in each of such j^arts; also the whole number of children enumerated in each civil township. With the basis of apportionment he should file with the Auditor a separate statement showing what congressional townships whose funds are man- aged in his county are divided by the county line ; also, the number of children enumerated in each part of such townships. [1873, p. 75. Approved and in force March 8, 1873.] 91. Compensation. 43. The County Superintendent shall receive four dollars for every day actually employed in the dis- charge of the duties required by this act. But before the County Commissioners shall allow his per diem, the same shall be pre- sented in a bill of account stating, in separate items, the nature and amount of service rendered on each day for which he claims compensation ; which bill of account shall be verified by affidavit to the effect that the same and each item thereof is just and true. The County Auditor shall draw his warrant on the County Treasurer for the amount allowed by the Board in favor of said Superintendent, and the Treasurer shall pay the said warrant out of the ordinary county revenues : Provided, however, That the said Board of Commissioners shall have power to determine the number of days in each year in which the County Superin- tendent may labor in the performance of the duties required of him in visiting schools: Provided, further, The number of days so allowed in each year for visiting schools shall not be less than the whole number of schools in such county over which such Su- perintendent has control ; and he shall receive no perquisites what- ever. (R. S. 1881, § 4433 ; R. S. 1894, § 5909 ; R. S. 1897, § 6126.) 1. Amount op claim. The Superintendent should file his claim for the full amount of his services at f4 per day up to the end of the quarter. Board v. Binford, 70 Ind. 208; Campbell v. Board, 71 Ind. 185. 2. Reports to Bukeati op Statistics. The duty imposed on the County Superintendent of Schools (by R. S. 1881, §5720; R. S. 1894, §7768; R. S. 1897, §....), to make reports to the Bureau of Statistics, is an official duty imposed upon the officer, for which he is not entitled to compensation. Yeager v. Board, 95 Ind. 427. [1875, p. 131. Approved and in force March 9, 1875.] 92. Duty as to apportionment. 6. Such Superintendent shall see that the full amount of interest on school fund is paid and apportioned, and, when there is a deficit of interest of any school fund, or loss of any school fund or revenue by the county, that proper warrants be issued for the re-imbursement of the same ; but no per centum beyond what is provided for herein 110 SCHOOL LAW OF INDIANA. and allowed shall in any case be paid him by said Board of Commissioners. (R. S. 1881, §4434; R. S. 1894, §5910; R. S. 1897, § 6127.) [1873, p. 75. Approved and in force March 8, 1873.] 93. Duty as to school fund. 7. The official dockets, records, and books of account of the Clerks of the Courts, County Auditor, County Commissioners, Justices of the Peace, Prosecuting Attorneys, Mayors of cities, and Township and School Trustees, shall be open at all times to the inspection of the County Superintendent; and whenever he shall find that any of said officers have neglected or refused to collect and pay over interests, fines, forfeitures, licenses, or other claims, due the school funds and revenues of the State, or have misapplied the school funds and revenues of the State, or have misapplied the school funds and revenues in their possession, he shall be re- quired to institute suit in the name of the State of Indiana for the recovery of the same, for the benefit of the school funds or revenues and make report of the same to the Board of County Commissioners and to the State Superintendent. (R. S. 1881, §4435; R. S. 1894, §5912; R. S. 1897, §6128.) 1. Suit against Township Trustee. A County Superintendent may bring an action against a defaulting Township Trustee ; but his right to bring such an action does not prohibit the successor of such Trustee suing his predecessor. Nichols V. State, 65 Ind. 512. 2. See Carr v. State, 81 Ind. 342, concerning the power of County Superin- tendents to bring suit. L1901, p. 106. Approved and in force March 6, 1901.J 94. Interest in private normal school. 1. ^o county Superintendent shall conduct or assist in the conducting of any private or county normal school in this State, or receive any pay or emolument from the management of such school. 95. Penalty. 2. Any person violating the provisions of this act shall be fined in any sum not exceeding one hundred dollars, and shall be removed from office. 96. Duty of Prosecuting Attorney. 3. It shall be the duty of the prosecuting attorney to bring an action in the name of the State of Indiana, on relation of himself, against any one violating the provisions of this act, for the enforcement thereof, and he shall recover from the defendant in such action a reason- able attorney fee. SCHOOL LAW OF INDIANA. Ill CHAPTER VL COUNTY BOARD OF EDUCATION. [1877, p. 122. Approved and in force March 2, 1877.1 97. County Board of Education. 8. The County Super- intendent and the Trustees of the townships, and the Chairman of the School Trustees of each town and city of the county shall constitute a County Board of Education. Said Board shall meet semi-annually at the office of the County Superintendent on the first days of May and September (unless the said days be Sunday, and if so, on the day following), a majority of whom shall constitute a quorum. The County Superintendent shall preside at the meetings of the Board, shall be allowed to vote on all questions as other members of the same are allowed to vote. Said Board shall consider the general wants and needs of the schools and school property of which they have charge, and all matters relating to the purchase of school furniture, books, maps, charts, etc. The change of text-books, except cities, and the care and management of township libraries, shall be determined by such Board, and each township shall conform as nearly as practicable to its action ; but no text-book here- after adopted by the County Board shall be changed within six years from the date of such adoption, except by unanimous vote of all the members of such Board : Provided, That any text-book heretofore adopted by the County Board of Educa- tion shall not be changed within three years from the date of its adoption. (R. S. 1881, §4436; R. S. 1894, §5912; R. S. 1897, § 6129.) 1. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 lud. 491. 2. Quorum, Course of Study, Kules and Eegulations, Records, etc. In the absence of the County Superintendent the Board may appoint one of its members president pro tern. No action can be taken by the Board unless a major- ity of all the members are present. If such majority be present at any meeting the Board may take legal action upon suitable questions by a majority vote of those present ; but some questions require a majority vote, and others a unani- mous vote, of all the members of the Board. The Board may adopt a course of study for the district schools, and rules and regulations for the government thereof, but it should not attempt to make rules for the schools of towns and cities. 112 SCHOOL LAW OF INDIANA. It is very important that school officers and County Boards should make a careful record of their proceedings. If a Board takes any legal action, and fails to record it, or makes an incorrect record, the record can be amended by order of the Board at a subsequent meeting. A legal act is not necessarily void by reason of a failure to make a record of it; but if a question should arise as to the action of a Board, evidence may be taken at a subsequent meeting outside the records, and a new record may be made in accordance with the fact as ascertained. The County Board and Trustees have the right to make such rules and regu- lations, according to law, as will tend to promote the general good of the public schools, and it is the duty of teachers to caiTy out such rules in good faith. 3. Can Not Make Contracts. The County Board of Education has no power to make contracts. It is merely a g'wctsr-corporation with but limited powers, and iB nowhere authorized to contract, or sue or be sued. As a Board it has no control of revenues, nor power to order any expenditure. But all or any number of the Trustees may join together in purchasing or contracting for supplies, and such action may often be advisable. It is not, however, the action of the Board. 4. Adoption of High School Books. So far as the above section relates to the selection and adoption of text-books in the eight common school branches (sec. 77) it was repealed by the text-book laws of 1889, '91 and '93 (sees. 26 to 72) ; but text-books for high school subjects, in the township graded schools, may be adopted by the County Board of Education, and their use enforced by all reasonable rules. 5. Books Used and How Obtained. The Legislature has the authority to prescribe the course of study and the system of instruction that shall be pursued and adopted, as well as the books which shall be used. — State v. Haworth, 122 Ind. 462. 6. The Legislature has the power to require a designated series of books to be used in the schools, and to require that the books selected shall be obtained by the school officers from the person to whom the contract for supplying them may be awarded. It may not only prescribe regulations for using the books desig- nated, but it niay also declare how the books shall be obtained and distributed. —State V. Haworth, 122 Ind. 462. 7. Illegal Kulings of County Board as to Licenses. The rule of a County Board declaring that "no person under the age of twenty shall be licensed to teach in this county " is unauthorized by the statutes, palpably unreasonable and unwarranted in law. 8. Illegal Kulings of County Board as to Holidays. The rule of the County Board declaring that " no pay shall be allowed teachers for holidays that fall on legal school days " is illegal and void. 9. Libel. A newspaper publication, charging that a County Superintendent of schools, for a consideration in money, had, by the use of his influence, induced the County Board of Education to order a change in school books, is a libel in the sense of the statute. — Hartford v. State, 96 Ind. 461. 10. Legislature May Prescribe Duties of Officers. The power over the school system is legislative and exclusive, and the Legislature has authority to impose upon all officers whose tenure is legislative, such duties respecting school affairs as it deems proper. All such officers take their offices turn, onere, and must do what the Legislature demands, or else resign. — State v. Haworth, 122 Ind. 462. SCHOOL LAW OF INDIANA. 113 11. The County Board may adopt a course of study and compel every pupil to take the entire course in the order prescribed on penalty of expulsion. Our State Constitution, article 8, section 182, directs the General Assembly "to provide, by law, for a general and uniform system for common schools, wherein tuition shall be without charge, and equally open to all." As a result of this the General Assembly enacted sections 11 and 85, which provide for the proper administration of this "system of common schools." To hold that the General Assembly charged the officers provided for in the above cited sections with the administration of the school system, without at the same time investing them with the necessary executive power to enforce their administration would be absurd. Such interpetration of these statutes would be the worst kind of travesty. It would be to render the whole common school machinery not only useless but ridiculous. The officers in the before mentioned sections have the undoubted legal author- ity to adopt a course of study and to make all reasonable rules and regulations for the proper carrying out of the same. The teachers, of course, would have to carry out such rules as are directed by the Trustee or School Board. But to what extent the officers would be warranted in going to carry out their reasonable rules is the question. Our Supreme Court in State v. Webber, 108 Ind. 31, said : "A rule, prescribed by the Superintendent of the free graded schools of a city, with the sanction of the Trustees, that the pupils in the high school department shall, at stated intervals, employ a certain period of time in the study and prac- tice of music, for which purpose they shall provide themselves with a prescribed book, is an exercise of discretionary power conferred by law, and unless the regu- lation is shown to be unreasonable, or a satisfactory excuse for failing to comply therewith is given, mandamus will not lie to compel the school authorities to re- admit a pupil who has been suspended for disobedience thereof." There might be some cases in which it would be reasonable and just to excuse a pupil from taking the full course, or in the order prescribed, but they are ex- ceptions. It seems it would be best to educate the people to see that it is advantageous to their children to take all the studies, and in the order prescribed, rather than to resort to the law to compel people to do that which is obviously to their own interest. A parent stands in his own light when he objects to having his child carried through the course of study in the sequential order of the studies. 12. Election of Truant Officers. The Acts of 1901 require the County Board of Education to meet on the first Monday in May each year to elect Truant Officers. See "compulsory education law," section 335, page 260. 114 SCHOOL LAW OF INDIANA. Sec Sec 98. Schooltowiiship. 115. 99. Towns and Cities. 116. 100. School Trustees in cities and towns. 101. Town abandoning control of schools. 117. 102. Conveyance to Trustee. 118. 103. Charge of town schools. 119. 104. Trustees' bonds— Vacancy. 120. 105. Trustees manage revenues — Reports. 121. 106. Record— Duty as to revenue. 122. 107. Annual statement. 123. 108. General duties. 124. 109. Duration of school in any year. 125. 110. Care and management of school prop- 126. erty. 127. in. Superintendent in cities and towns. 128. 112. Joint grade schools. 129. 113. Joint school district— Petition. 130. 114. Expense of establishing — Controlling 131. school. 132. [1859, p. 181. Approved March 3 98. School Township. 1. CHAPTER YII. ADMINISTRATION. Expense of maintenance. Abandonment of school district or cor- poration. Consent of voters to abandonment. Kindergartens. Tax for kindergartens. How collected. Night schools. Age of pupil. Surplus special school revenue. Things legalized. Teachers' report. Trustees' reports. Failure to report. Neglecting duties. Failing to serve. Trustees' accounts. Examination of Trustee and his books. 132. Correction of accounts— Removal. 1859, and in force August 6, 1859.J Each and every township that now is, or may hereafter be, organized in any county in this State, is hereby also declared to be a school township, and, as such, to be a bod}^ 23olTtic and corporate, by the name and style of" school township of county," according to the name of the township and of the county in which the same may be organized ; and, by such name, may contract and may be contracted with, sue and be sued, in any court having competent jurisdiction. E. S. 1881, § 4437 ; R. S. 1894, § 5913 ; R. S. 1897, § 6130.) 1. Corporations Distinct. " There are two corporations in Greene County [conterminous in territory], with almost the same name. * * * The first is denominated a civil township, the second a school township. * ® * It must be contemplated that the funds, etc., of these two corporations shall be kept sep- arate. It is as an officer of the school township, and not as an officer of the civil township, that the Trustee has authority and power to levy a tax for the erection of school houses, and to expend the same for that purpose. We think it must follow that it is as Trustee of the school township, and not as Trustee of the civil township, that the Trustee must contract for the building of school houses. We do not think the Trustees of the civil township can legally contract for the build- ing of a school house and make the civil township liable therefor." — Carmichael V. Lawrence, 47 Ind. 554; Utica Township v. Miller, 62 Ind. 230; Harrison School Township v. McGregor, 96 Ind. 185; Johnson v. Smith, 64 Ind. 275; Inglis v. State, 61 Ind. 212; Wright t). Stockman, 59 Ind. 65; Wingate v. Harrison School Township, 59 Ind. 520. A civil township has no power to make a contract for the SCHOOL LAW OF INDIANA. 115 benefit of school property. — Jackson Township v. Barnes, 55 Ind. 136; Jackson Township v. Home Insurance Company, 54 Ind. 184 ; McLaughlin v. Shelby Town- ship, 52 Ind. 114; Mcllwaine v. Adams, 46 Ind. 580; Hornby v. State, 69 Ind. 102. 2. Intentions Considered. But a note, showing on its face that it was given in payment for articles furnished for the use of schools, though executed by a Trustee apparently in the name of the civil township, binds the school township. — Moral School Township v. Harrison, 74 Ind. 93; Johnson School Township v. Bank, 81 Ind. 515; Jackson School Township v. Hadley, 59 Ind. 584; White v. Kellogg, 119 Ind. 820. 3. WiLi.. A devise by will, for the support of the public schools, can be made to a township ; and a devise to a township, without saying whether to the school or the civil township is a devise to the school township. — Skinner v. Harri- son Township, 116 Ind. 139. 4. Suit on Official Bond. A Township Trustee may be the relator in a suit upon the oflicial bond of his predecessor, to recover moneys due the civil township, and also moneys due the school township; and under a proper com- plaint there may be a recovery for funds of either or both of the corporations ; but on a complaint in which he sues only as trustee of the civil township, he can not recover money due to the school township. — Steinmetz v. State, 47 Ind. 465. 5. Civil Township Can Not Build a School House. A civil township has no authority to make a contract for the erection of a school house ; and if it sue on a contract for the erection of a school house, the complaint, though it may state a good cause of action in favor of the school township, will be bad on de- murrer. McLaughlin v. Shelby Township, 52 Ind. 114; Utica Township v. Miller, 62 Ind. 230. A town organized as a school corporation is the proper plaintiff in an action to recover land previously deeded for school purposes to the school township in which it is situated. — Newpoint Lodge v. Town of Newpoint, 138 Ind. 141. 6. Pleadings Must Designate the Corporation — Civil or School. Where an action is brought against a township, and the townshi]! name, merely, is given, it is conclusively presumed that the action is against the civil township. To make a complaint effective against the school corporation, it must, by appropriate aver- ments, designate the school township, or its representation. It should be against the "school township trustee." — Jarvis v. Robertson, 126 Ind. 281; Braden v. Leibenguth, 126 Ind. 886. 7. Suit Against School Trustees of Town or City. An action to recover from a city or town school board, should be brought, not against such trustees, but against the school corporation, by the name and style of "The school city of ," filling the blank with the name of the city. — Sims v. McClure, 52 Ind. 267. 8. Suit Against Township and not Against Trustee Personally. A summons reading, "You are hereby commanded to summons trustee Cicero school township, etc.," sufficiently indicates that the action is against the township, and not against the trustee personally, and the township is bound to take notice of the pendency of the action. — Vogel v. Brown Tp., 112 Ind. 299; distinguished in Cicero School Tp. v. Chicago National Bank, 127 Ind. 79. 9. Suit for School Taxes. An action against a civil township for school taxes is. bad on demurrer. — Wright v. Stockman, 59 Ind. 65. 10. No Authority to Borrow Money — Liability for Borrowed Money. There are restrictive provisions [in the school law] which, fairly construed, must 116 SCHOOL LAW OP INDIANA. be held to deny the authority to negotiate loans. — First National Bank v. Union School Tp., 75 Ind. 361. But if a Trustee borrows money to build a needed and suitable school house, the school township receiving the benefit will be liable therefor. — Bicknell v. Widner School Tp., 73 Ind. 501. But in such case it must be averred and proved that the school township received the benefit of the money. — Reeve School Tp. v. Dodson, 98 Ind. 497; Union School Tp. v. First National Bank, 102 Ind. 464; Cicero School Tp. v. Chicago National Bank, 75 Ind. 361, 368; Pine Civil Tp. v. Huber Mfg. Co., 83 Ind. 121; Lebanon National Bank v. Clinton School Tp., 24 Ind. App. 359; Clinton School Tp. v. Lebanon National Bank, 18 Ind. App. 42; Oppenheim v. Jackson School Tp., 22 Ind. App. 521. And that there was no fraud practiced in the execution of the note. — Boyd V. Mill Creek School Tp., 124 Ind. 193. See also Grimsley v. State, 116 Ind. 130; State v. Howes, 112 Ind. 323; Kittenger v. Monroe School Tp., 3 Ind. App. 411; Messick v. Midland By. Co., 128 Ind. 81. Such were the decisions previous to 1 899, but now a Trustee can not borrow money ; the Township Advisory Board must authorize loans to render them valid. 11 . Contracts of Trustee — Notice. In dealing with the Trustee of a school township, all persons are bound to take notice of his official and fiduciary char- acter, and to know that he can only bind his township by contracts which are shown to be authorized by law.— Bloomington School Tp., v. National, etc., 107 Ind. 43; Union School Tp. ». First National Bank, 102 Ind. 464; Kittenger v. Monroe School Tp., 3 Ind. App. 411 ; State v. Board, 147 Ind. 235; Clinton School Tp. V. Lebanon National Bank, 18 Ind. Apjj. 42; Davis v. Steuben School Tp., 19 Ind. App. 694; Boai-d v. Galloway, 17 Ind. App. 689; Boards. Hemphill, 14 Ind. App. 219; Snoddy v. Wabash School Tp., 17 Ind. App. 284; First National Bank V. Adams School Tp., 17 Ind. App. 375; Austin Mfg. Co. v. Smithfield Tp., 21 Ind. App. 609. 12. School Supplies — Necessary Averments. A complaint against a school township on a contract for school supplies to be good must allege that such supplies are necessary and suitable for the use of the public schools of the town- ship, and that they have been delivered to and accepted by such township. — Bloomington School Tp. v. National, etc., 107 Ind. 43. As to sufficiency of a complaint, see First National Bank v. Adams School Tp., 17 Ind. App. 375; Clin- ton School Tp. V. Lebanon National Bank, 18 Ind. App. 42. And that there was iio collusion to defraud.- — Boyd v. Mill Creek School Tp., 124 Ind. 193; Kittenger L. Monroe School Tp., 3 Ind. App. 411. Where the suit is for school supplies fur- nished, school teachers may testify concerning their usefulness and the necessity of their purchase. — Litten v. Wright School Tp., 1 Ind. App. 92. 13. Bank Deposit — Promissory Note. When a Trustee of a school corpora- tion executes promissory notes in the name of the corporation, deposits the money in his own name, and draws it out upon checks signed by himself as an individual, he becomes the creditor of the bank for such deposits, and the trans- action is one between the bank and its depositor. — Union School Tp. v. First National Bank, 102 Ind. 464. 14. No Liability — When Trustee has School Funds in His Hands — Note Void. When the Trustee has money in his hands derived from the school revenue or funds, the lender of money can not be subrogated to the rights of the SCHOOL LAW OF INDIANA. 117 persons holding claims against the school corporation. — Union School Tp. v. First National Bank, 102 Ind. 464; Clinton School Tp. v. Lebanon National Bank, 18 Ind. App. 42; Killian c. State, 15 Ind. App. 261. 15. Fraudulent Issue of Certificates or Ouders. If by a conspiracy certificates or orders are issued they are void, and even though the township has not rescinded the contract, and retains the benefit thereof, it is not bound upon such fraudulent certificate or order, and the assignee is not entitled to recover the actual value of goods furnished the township. — Boyd v. Mill Creek School Tp., 24 Ind. 193. 16. Orders Without Consideration Void — Estoppel. If a Trustee issues orders or certificatCvS in the name of his tovrnship without consideration, such order or certificate is invalid and void, and in such case no act, conduct or promise of the Trustee or his successors in office will estop the township from pleading the want of consideration as sufficient defense to any suit against the township upon such order or certificate. — Axt v. Jackson School Tp., 90 Ind. 101. 17. Statute op Limitation — Time of Filing Complaint. An amendment to a complaint has reference to the time at which the complaint was filed. Where a town was sued as a school corporation, but not specifically described as such, the time of filing an amended complaint — if the statute of limitations intervene — relates back to the time of filing the original complaint. — Schooltown of Monti- cello V. Grant, 104 Ind. 168. 18. Judicial Knowledge. The Supreme Court will take judicial knowledge that the Township Trustee is the Trustee of the school township. — State v. Mc- Donald, 106 Ind. 233. But it will not take judicial knowledge of the names of the townships of a county. — Bragg v. Board, 34 Ind. 405. 19. De Facto Officers. The contract of a de facto Township Trustee, if otherwise valid, is binding upon the township. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 20. Livery Hire. A township is not liable for the hire of a livery team employed by the Trustee to enable him to attend to the township's business. — State V. Board, 147 Ind. 235. 21. Office Rent. The township is not liable for the Trustee's oflBce rent. — State V. Board, 147 Ind. 235. 22. Township Order. A township order can not be assigned so as so cut off any defense the township may have against it. Davis v. Steuben School Tp., 19 Ind. App. 694; First National Bank v. Osborne, 18 Ind. App. 442. 23. Judgment on Township Order. But when a judgment has been ren- dered on a township order, the Trustee who succeeds the Trustee in whose term it was rendered can not have it set aside in order to defend against the order. — Davis V. Steuben School Tp., 19 Ind. App. 694. 24. Liability on Indorsement. A Trustee is not liable on his endorsement on a township order, nor on his statement that it is valid and will be paid.^ Fowler National Bank v. Brown, 19 Ind. App. 433; First National Bank v. Osborne, 18 Ind. App. 442. 25. Estoppel to Deny Debt. The approval of the report of the Trustee, setting out that he had borrowed money for the necessary use of the township, 118 SCHOOL LAW OF INDIANA. does not estop or prevent the township denying the validity of the debt. — Timmons V. Pine School Tp., 22 Ind. App. 93. 26. Attorney Fee in Note. A township is not liable on its agreement in a note to pay an attorney fee. — Snoddy v. Wabash School Tp., 17 Ind. App. 284. 27. Township Advisory Board Lav^^. All the foregoing decisions were rendered before the Township Advisory Board Law was in force. All contracts now in violation of that law are void. See section 340. 99. Towns and cities. 4. Each civil township and each incorporated town or city in the several counties of the State is hereby declared a distinct municipal corporation for school pur- poses, by the name and style of the civil township, town or city corporation respectively, and by such name may contract and be contracted with, sue and be sued, in any court having com- petent jurisdiction ; and the Trustee of such Township, and the' Trustees provided for in the next section of this act, shall, for their township, town, or city, be School Trustees and perform the duties of Clerk and Treasurer for school purposes. (R. S. 1881, § 4438; E, S. 1884, § 5914; R. S. 1897, § 6131.) 1. Corporate Names. It has been decided, in very many cases, that the name of the school corporation is "the School Town (or city) of ,"or "School Township of County," and that, in this name, it must sue and be sued; that instead of a distinct function bestowed on the civil or municipal corporation, an independent and distinct corporation, for school purposes only, is created by this section; and that section 98 is still in force. — Carmichael v. Lawrence, 47 Ind. 554; City of Huntington v. Day, 55 Ind. 7; Jarvis v. Shelby, 62 Ind. 257; Har- rison 1'. McGregor, 67 Ind. 380. 2. Corporations Independent. Each civil township and each incorporated town and city is a distinct school corporation, entitled to receive and expend its proper school moneys independent of any control by any other such corporation. — Johnson v. Smith, 64 Ind. 275 ; Campbell v. City of Indianapolis, 155 Ind. • same case, 57 N. E. Kep. 920. 3. Designations in Suits. The character in which an incorporated town may sue or be sued as a school corporation may be designated either in the title of the action, as a school corporation, or in the complaint, by an allegation of that fact. — Town of Noblesville v. McFarland, 57 Ind. 335; but see Steinmetz v. State, 47 Ind. 465; Eobinson v. State, 60 Ind. 26; Inglis v. State, 61 Ind. 212. 4. Property and Revenues. When a village becomes incorporated the ochool town thus created becomes, as Trustee by statute, the successor of the town- ship in the right to the possession and control of school property within its territory. — School Town of Leesburg v. Plain Township, 86 Ind. 582. And as soon as School Trustees are appointed aiad qualified they have a right to demand and receive of the Town Trustee whatever sums of money he has received by reason or on SCHOOL LAW OP INDIANA. 119 account of the school children residing within or trunsfeired to the town, and he can not lawfully withhold it on any ground. He received and held it in trust for those children. Johnson v. Smith, 64 Ind. 275. 5. CoRPOBATiONS DiSTiNCT. A civil township and the school township of the same territory are distinct corporations, and each must sue and be sued in its own proper corporate^name, and neither can sue in the name of the other, or in that of the Township Trustee. So also a civil town and the school town are distinct corporations, which must sue and be sued in its own corporate name. — Wright v. Stockton, 59 Ind. 65. 6. Power of School City. A city organized under the general law for the incorporation of cities has no power to buy or give its promissory notes for a county seminary, though for school purposes in the city. That power belongs to the school corporation of the city. — State v. City of Terre Haute, 87 Ind. 212. 7. Division of Eevenues. Where money has been apportioned to a school township and received by the Trustee thereof, some of which belongs to a school town afterward organized, and he refuses to pay it over, he may be compelled by mandate to do so, and the School Trustees of the town are the proper relators in such a suit. — Hon v. State, 89 Ind. 249. 8. Property of School Corporaton. Keal estate and buildings held by a school corporation for school purposes are subject to appropriation for highways as is private property. — Rominger v. Simmons, 88 Ind. 453. 9. Judicial Notice. The courts will not take judicial notice of a township organization, nor its name. — Bragg i;. Board of Commissioners, 34 Ind.^405; Swails V. State, 4 Ind. 516. 10. Action. In dealing with a Trustee of a school township, all persons are bound to take notice of his official character, and to know that he can only bind his township by contracts which are shown to be authorized by law. There- fore, a complaint against a school township on a contract for school supplies, to be good, must allege that such supplies are necessary and suitable for the use of the public schools of the township, and that they have been delivered to and accepted by such township. — Bloomington Schoor Township v. National School Furnishing Company, 107 Ind. 43; Platter v. Board, 103 Ind. 360; Summei;s v. Board, 103 Ind. 262; Reeve School Township v. Dodson, 98 Ind. 497; Axt v. Jack- son School Township, 90 Ind. 101; Pine Civil Township v. Huber, etc., 83 Ind. 121 ; Kittenger v. Monroe School Tp., 3 Ind. App. 411. 11. Summons. A summons in an action against a township must be issued against the township; and if issued against the Trustee of such township a judg- ment thereon against the township is void. — Vogel v. Brown School Township, 112 Ind, 317 ; Vogel v. Brown Township, 112 Ind. 299. [1875, p. 135. Approved and in force March 12, 1875.] 100. School Trustees in cities and towns. 5. The Com- mon Council of each city and the Board of Trustees of each incorporated town of this State shall, at their first regular meeting in the month of June, elect three School Trustees who shall hold their office, one, two and three 3-ears respectively, as 120 SCHOOL LAW OF INDIANA. said Trustees shall determine by lot at the time of their organi- zation, and, annually thereafter, shall elect one School Trustee, who shall hold his office for three years. Said Trustees shall constitute the School Board of the city or town ; and, before en- tering upon the duties of their office, shall take an oath faith- fully to discharge the duties of the same. They shall meet within five days after their election, and organize by electing one of their number as president, one as secretary, and one as treasurer. The treasurer, before entering upon the duties of his office, shall execute a bond, to the acceptance of the County Auditor, conditioned as in ordinary official bonds, with at least two sufficient freehold sureties, who shall not be members of said Board, in a sum not less than double the amount of money which may come into his hands, within any one year, hy virtue of his office. The president and secretary shall each give bond, with like sureties, to be approved by the County Auditor, in any sum not less than one-third of the treasurer's bond. All vacancies that may occur in said Board of School Trustees shall be filled by the Common Council of the city or Board of Trustees of the town ; but such election to fill a vacancy shall only be for the unexpired term. The Board of School Trustees shall, each year, within five days after the annual election of a member, reor- ganize their Board and execute their respective bonds for the ensuing year. Said Trustees shall receive for their services such compensation as the Common Council of the city or the Board of Trustees of the town may deem just ; which compensation shall be paid from the special school revenue of the city or town. (R. S. 1881, .§4439; R. S. 1894, §5915; R. S. 1897, §6132.) 1. Town Trustee. A Town Trustee of an incorporated town may be elected to the office of School Trustee. — State v. Meyer, 60 Ind. 288. 2. Time op Election. As to the time of election, this section is merely di- rectory; and if omitted at the time it may be made afterward. — Sackett -y. Fore- man, 74 Ind. 486 ; Minnick v. State, 154 Ind. 387. 3. Resignations. A resignation of a town or city School Trustee should be addressed to the body that elects, and is complete without formal acceptance; yet its withdrawal even after acceptance but with the consent of the electing body is equivalent to a reappointment. In case of such resignation an election to fill the vacancy may be held before the day set for the resignation to take effect. — Leach V. State, 78 Ind. 570. 4. Power as to Vaccination. School Trustees, have the power, as a meas- ure of public safety and to guard against a contagious disease, to f>vder school. SCHOOL LAW OF INDIANA. 1^1 children to be vaccinated, but they should exercise it with discretion. In some localities there is no earthly danger of sraall-pox; in others — as a crowded city — when the disease has made its appearance immediate measures should be taken. 5. Purchase of Ground. The School Trustees can not purchase ground or enter into contracts for building except with the approval of the Common Council or Town Trustees. 6. Office Lucrative. As the statute provides for the compensation of Town School Trustees, their oiBce is a lucrative one within the meaning of the Constitu- tion, and a person can not hold it at the same time with another lucrative office. —Chambers v. State, 127 Ind. 365. 7. Suit Against Towns. A complaint against a school town alleging the employment of plaintiff by the defendant to teach school and breach of the con- tract, is sufficient without alleging employment by the Trustees of the town or that the town was incorporated, or that there was a Board of Trustees. In such a case a paragraph of a complaint founded on an account is good. — School Town of Eochester v. Shaw, 100 Ind. 268. 8. Officer de Facto. Pending suit to determine who is School Trustee, the courts will compel the County Auditor to recognize the Trustee in possession. Leach v. Cassidy, 23 Ind. 449. Hold-over Trustees can bind the school corpora- tion. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 9. Amendment of 1875. This section was amended in 1875, and it super- seded and took the place of the amendment of 1873 (Acts 1873, p. 68). — Blake- more V. Doian, 50 Ind. 194. 10. Abolishing Office. The Legislature may abolish the office of School Trustee, or shorten or lengthen the term thereof. — Blakemore v. Dolan, 50 Ind. 194. 11. Old Board's Contract. A contract made by the Board of School Trus- tees of an incorporated town or city with a school superintendent or a teacher, prior to the annual election in June, of a new member of the Board, and the re- organization required by statute, for services to be performed after the election of such member, is valid and binding on the school corporation. — Keubelt v. School Town of Noblesville, 106 Ind. 478. 12. Mandamus. Mandamus lies to compel a school officer to deliver the records, books and papers of the office to his successor. Frisbie v. Clarksville, 78 Ind. 269 : and to compel the Trustees of a town or city to elect School Trustees. 13. Extending Term. The provisions of the Constitution (E. S. 1881, §225; E. S. 1894, g225; E. S. 1897, §225) extending the regular terms of officers until their successors "shall have been elected and qualified," applies to School Trus- tees, and such Trustees continue in office until their successors have not only been elected but have taken their oath of office and have filed their official bonds. —School Town of Milford v. Powner, 126 Ind. 528. 14. Board Acts as a Unit. The Board must act as a body, not as individ- uals, the majority ruling; and their action should be recorded. But where one of the School Trustees of a town signed a contract of employ- ment with a teacher in one of the schools of the town, and at a called meeting the contract was adopted by the Board and signed by another member, it became binding upon the town. — School Town of Milford v. Powner, 126 Ind. 528. 15. Validity op Eules and Eegulations. Eegulations adopted by per- sons in charge of a school are analogous to by-laws enacted by municipal and 122 SCHOOL LAW OF INDIANA. other corporations, and botli will be annulled by the courts when found to be un- authorized, against common right, or palpably unreasonable. -State v. White, 82 Ind. 278. 16. City Councilman. The office of City Councilman is not a lucrative office within the meaning of the Constitution. — State v. Kirk, 44 Ind. 401. 17. Justice op the Peace can not Serve as Trustee. A Justice of the Peace can not serve as School Trustee. — See § 176 State Constitution. Post. 18. Assent of Majority. A majority of the Board, at a legal meeting, must consent to an order to render it valid.— City of Logansport v. Dykeman, 116 Ind. 15. 19. Keasonableness of Eules. Kules must be reasonable under the cir- cumstances. — Fertich v. Michener, 111 Ind. 472. Any rule of the school not sub- versive of the rights of the children or parents, or in conflict with humanity and the principles of the divine law, which tend to advance the objects of the law in establishing public schools, must be considered reasonable and proper. — Fertich v. Michener, 111 Ind. 472. 20. City Clerk. The office of City Clerk is not an office "under the State," within the meaning of section 176, State Constitution. — Mohan v. Jackson, 52 Ind. 599. 21. Acceptance of Lucrative Office. If an officer holding one lucra- tive office accepts another, the acceptance of the second vacates the first. — Howard V. Shoemaker, 35 Ind. Ill ; Mohan v. Jackson, 52 Ind. 599. 22. Authority to Adopt Eules. The School Board and school authori- ties have the power to adopt rules and regulations for the government of the schools under their control. — Fertich v. Michener, 111 Ind. 472. 23. Eules op Superintendent or Teacher Binding on Pupils. Any reasonable rule adopted by the superintendent or teacher, not inconsistent with some statute or some rule prescribed by higher authority, is binding upon the pupils.— Fertich v. Michener, 111 Ind. 472. 24. Gradation op Pupils. When a child has graduated from one depart- ment it is ineligible to that department again. 25. When Two Boards Act Together. When two Boards act together a majority of the whole Board of Trustees, whether such majority come from one corporation entirely, or from different corporations interested, have the power to transact any and all business. — Hanover School Township v. Gant, 125 Ind. 557. 26. Eatification of Contracts. Contracts may be ratified by the Board either by special resolution or by acquiescence. 27. Defalcation — Liability of Members op Boards. A Trustee who has had no part in the misapplication of funds is not liable therefor. — State v. Julian, 93 Ind. 292. 28. Contracts with De Facto Trustees. The contracts of de facto Trus- tees with teacher is binding upon their school corporation ; and in an action by such teacher on the contract, the validity of their acts as officers can not be called in question. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 29. Acquiescence in Illegal Election of Officers. After six years of acquiescence and approval on the part of the school town in the election and serving of certain persons acting as School Trustees, third persons dealing Avith them have the i-ight to presume that they are at least officers de/acto. — School Town of Milford v. Zeigler, 1 Ind. App. 138. SCHOOL LAAV OF INDIANA. 123 30. Hiring of Teacher by Old School Board. A board of School Trus- tees (not a Township Trustee, § 239), after their successors have been elected, and before they are entitled to serve as officers, may hire a teacher for the year be- ginning after their terms of office will expire. — School Town of Milford v. Zeigler 1 Ind. App. 138. A School Trustee of a township can not ignore his predecessor's contract, because of mere formal and technical defects. — Sparta School Tp. v. Mendell, 138 Ind, 188. (See g 239.) 31. Signing Contract. If the School Boai-d in session hire a teachei-, the contract with him may be signed at different times; and a signing by a majority of the Trustees is sufficient. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 32. Abolishing School — Effect on Teacher's Contract. . A contract with a teacher to teach can not be annulled by abolishing the school he was to have taught.— School Town of Milford v. Zeigler, 1 Ind. App. 138. 33. Majority op Trustees Sufficient to Make a Contract. A contract by two of three Trustees, when in session, "is valid." — School Town of Milford v. Zeigler, 1 Ind. App. 138. 34. Illegal Design of Trustee. A teacher's contract is not void when the Trustees have an illegal purpose or design in view, if he does not participate in such purpose or design. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 35. Contest. Pending litigation to determine who is entitled to exercise an office, the officer de facto shall act, and when it appeared to the court that A was in possession of the office of School Trustee it properly compelled the County Auditor to recognize him as such. — Ijeach v. Cassidy, 23 Ind. 449. See also School Town of Milford v. Zeigler, 1. Ind. App. 138. 36. Employment by School Town. A complaint against a school town alleging the employment of the plaintiff by the defendant to teach school and a breach of contract is sufficient, without alleging employment by the Trustees of such school town, or that the town was incorporated, or that thei'e was a Board of Trustees in said town. — School Town of Rochester i;. Shaw, 100 Ind. 268; Sparta School Township v. Mendell, 138 Ind. 188. 37. Suit on Treasurer's Bond — Penalty — Eelator. The incoming Treas- urer may sue the outgoing Treasurer on his official bond for failure to turn over funds in his hands, and such suit may be maintained without an order from the County Commissioners. He is liable to the penalty of 10 per cent. — Sec. 91. — Hiatt V. State, 110 Ind. 472. 38. Incoming Treasurer Entitled to Receive Money Only From His Predecessor. An incoming Treasurer is entitled to receive money only from his predecessor. — Hiatt v. State, 110 Ind. 472. 39. Trustee Failing to Take Oath — Vacancy. If the Trustee elected fails to take his oath of office within five days after his election, he forfeits his office and another may be elected, unless for some valid reason, not of his own neglect, he has not been able to take the oath. — Minnick v. State, 154 Ind. 379. But in the case of a Township Trustee, where a dispute arose as to when his terrn began, a failure to qualify within the time required by the statute pertaining to such matters was held not to vacate his office. — Albaugh v. State, 145 Ind. 356. If a town or city School Trustee take the oath of office, failure to give bond as President, Secretary or Treasurer of the Board to which he is elected does not vacate his office as Trustee, although it may as to such office of President, Secre- tary or Treasurer. — Koerner v. State, 148 Ind. 158. 124 - SCHOOL LAW OF INDIANA. [1899, p. 373. Approved March 3, 1899; in force April 28, 1899.] 101. Town abandoning control of schools. 1. Any in- corporated town in the State that has no school indebtedness, the inhabitants of which does not exceed fifteen hundred, as shown by the last preceding general census, may through its town Board of Trustees abandon and discontinue its manage- ment and control of public schools within such incorporated town, and abolish the Board of School Trustees therein. 102. Conveyance to Trustee. 2. The town Board of Trustees of any such incorporated town, upon deciding to abandon and discontinue the control of the |3ublic schools there- in, shall make and cause to be made a good and sufScient deed, conveying all real estate belonging to such school town to the Township Trustee of the township in which such incorporated town is located; and shall transfer all the personal property and fixtures belonging to such school town to such Township Trustee, all of which shall be accepted and held by such Town- ship Trustee for the use and purposes of the school township wherein such town is located. 103. Charge of town schools. 3. After the requirements set forth in the preceding section are complied with, the Town- ship Trustee shall have full and complete control of all the schools within such town, and shall conduct the same as pro- vided for by law for the other schools of such township. [1865, p. 3. Approved and in force March 6, 1865.] 104. Trustees' bonds — Vacancy. 6. The Connty Audi- tor, in fixing the penalty and approving and accepting the bonds of such Trustees, shall see to their sutficiency to secure the school revenues which may come into their hands, as well as the ordinary township or other revenue. In case of a vacancy in the oflice of Trustee, the County Auditor shall appoint a person to fill the same, who shall take an oath and give bonds as required in the last preceding section ; and said Auditor shall report to the Superintendent of Public Instruction the name and postoffice address of each Trustee. (R. S. 1881, §4440; R. S. 1894, § 5916 ; R. S. 1897, § 6134.) 1. Bond Does Not Cover Borrowed Money. There is here a clear implica- tiou that the only money which a Trustee can officially receive is that yielded by SCHOOL LAW OF INDIANA. 125 the school revenues. Money obtained by borrowing can not be said to be school revenue, and the penalty of the bond does not extend to such money. — Wallis v. Johnson Tp,, 75 Ind. 368. 2. Title to School Money. A Trustee, like a County Treasurer, is liable on his bond for all money that may come into his hands by virtue of his office, whatever may become of the money. Rock v. Stinger, 36 Ind. 346. 3. Use Not Conversion. The mere use, by the Trustee, of school revenues of the township in his own business, it has been decided was not such a conversion of the money as constituted a breach of the conditions of his bond. — Brown v. State, 78 Ind. 239; Bocard i-. State, 79 Ind. 270; Goodwine v. State, 81 Ind. 109. But the more recent decisions are to the effect that a Trustee may not loan the funds coming into his hands as Trustee, and if he do, and receives interest, he must account for it. Nor can he use the funds in his own business. — "Winchester Electric Light Co. v. Veal, 145 Ind. 506, 515. 4. When Not Entitled to Interest. Title to such revenues does not vest in a Trustee until they are actually drawn by him out of the treasury, and he is not entitled to interest on warrants issued against them. — Hadley v. State, 66 Ind. 271. 5. Vacancies. A law passed in 1875, took away from the Auditor the power of filling vacancies in the office of Town or City School Trustees; and the Board of County Commissioners, if in session when the vacancy occurs, or before it is filled, fills a vacancy in the office of Township Trustee ; but if the vacancy occurs when they are not in session, the County Auditor may fill it. — R. S. 1881, § 5996 ; E. S. 1894, § 8071 ; Cooper v. State, 113 Ind. 70. Previous to 1899, when the Board of County Commissioners met in special session in August to receive the Trustees' reports, they could not fill a vacancy in the office of Town- ship Trustee. — Heim v. State, 145 Ind. 605. It is considered that a person appointed to fill a vacancy in an office holds such office until his successor is elected and qualified. The Supreme Court seem to have so regarded the question. — See Urmston v. State, 73 Ind. 175. 6. Eesignation. When a City School Trustee resigns his office, to take effect at a future day, the City Council may elect to fill the vacancy before the day fixed for the taking effect of the resignation. — Leech v. State, 78 Ind. 570. 7. Overpayments — Shortage — Set-off. In an action on the bond of a Township Trustee he is entitled to set-off against the shortage in one fund over payments on account of another, so far as the shortage was occasioned thereby. — Finney v. State, 126 Ind. 577; State v. Julien, 93 Ind. 292; Hadley v. State, 66 Ind. 271, 8. Eligibility — Alien. A voter under the Constitution of this State, though not a citizen of the United States, is eligible to the office of Township Trustee. — McCarthy v. Foelke, 63 Ind. 507. 9. Liability of Surety. When a successor is elected and qualified, but does not take possession of the office, and the old Trustee continues to act, his acts are void; he is not an officer de facto or de jure, and his sureties are not bound. — Stein- back V. State, 38 Ind. 483 ; Rany v. The Governor, 4 Blackf . 2. 10. Office Lucrative. The office of Township Trustee is a lucrative office within the meaning of the State Constitution. — Foltz ii. Kerlin, 105 Ind. 221. 11. Liability of Officer and Surety. The statute creates a permanent and continuing liability and the sureties on his official bond, for a failure to per- 126 SCHOOL LAW OF INDIANA. form any duty imposed by any law in force at the time the bond is executed, or which may be subsequently passed during the time for which such officer has been elected ; and it is not necessary that the bond should provide in express terms for such permanent and continuing liability. — Davis v. State, 44 Ind. 38. 12. Damages in Suit Upon Bond of Trustee. It is the imperative duty of a court rendering judgment against a Township Trustee, in a suit upon his official bond, for a violation of a duty in reference to school revenues, to assess ten per cent, damages on the amount recovered. — Davis v. State, 44 Ind. 38. 13. Bond Covers Both Civil, and School Township. A township em- braces two distinct corporations, to vf it : The civil township and the school town- ship, existing within the same territory and having the same Trustee, who is bound by a single official bond. — Inglis v. State, 61 Ind. 212. 14. Action by Successor. An action on the relation of a Township Trustee, on the bond of a defaulting predecessor, may be instituted without the request or direction of the Board of County Commissioners. — Inglis v. State, 61 Ind. 212. 15. Liable for Unauthorized Loan. Formerly a Trustee was liable on his bond, by virtue of the Act of March 5, 1883 (Acts 1883, p. 114), when he bor- rowed money without the consent of the Board of County Commissioners first obtained. — States. Helms, 136 Ind. 122; Helms c. State, 19, Ind. App. 360. See Killian v. State, 15 Ind. App. 261, and First National Bank v. Osborne, 18 Ind. App. 442. [1883, p. 118. Approved and in force March 6, 1883.] 105. Trustees manage revenues — Reports. 7. The School Trustees of every township, incorporated town or city, shall receive the special school revenue belonging thereto, and the revenue for tuition which may be apportioned to his township, town or city, by the State, for tuition or [for] the common schools, and shall pay out the same for the purpose for which such revenues were collected and appropriated. Such Trustees shall keep accurate accounts of the receipts and expenditures of such revenues, and shall render to the County Commis- sioners, annually, on the first Monday of August, for the school 3"ear ending on the thirty-first day of July, and as much oftener as they may require, a report thereof, in Avriting. Said Board of Commissioners shall hold a session on said Monday to re- ceive said reports. They shall clearly and separately state; J^^irst. The amount of special school revenue and of school revenue for tuition on hand at the commencement of the year then ending. Second. The amount of each kind of i-evenue received with- in the year, giving the amount of tuition revenue received at each semi-annual apportionment thereof. SCHOOL LAW Oi' INDIANA. 127 Third. The amount of each kind of revenue paid out and expended within the year. Fourth. The amount of each kind of revenue on hand at the date of said report, to be carried to the new account. And shall, with said report, present and file a detailed account current of the receipts and payments for the year, and support the same by proper vouchers ; which report and account current shall each be duly, verified by affidavit; and when the said County Commissioners are satisfied that said report is full, accurate and right in all respects, and that said account is just and true, they shall allow and pass the same ; which shall have the efifect to credit the Trustee for the expenditures. A copy of said report, as passed and allowed by the County Commis- sioners, shall, within ten days after its date, be filed by the Trustee with the County Superintendent of the county, and upon failure of the Trustee to discharge any of the duties re- quired of him relative to schools and school revenues, the Board of County Commissioners shall cause suit to be instituted against him, on his official bond, and in case of recovery against him, the court rendering the judgment shall assess upon the amount thereof ten per cent, damages, to be included in said judgment. (R. S. 1881, §4441 ; E. S. 1894, §5917; R. S. 1897, §6135.) 1. Conversion. The application, by a Trustee, of tuition revenue to special school, road, or civil township purposes is a conversion of so much of the fund and a breach of his bond. — Robinson v. State, 60 Ind. 26; Brown v. State, 78 Ind. 239; Board v. State, 79 Ind. 270. The suit may be brought on the relation of his successor. — Steinmetz v.- State, 47 Ind. 465; Robinson v. State, 60 Ind. 26. 2. Liability of Trustee. The Trustee is absolutely liable for the loss of the funds by whatever casualty. Depositing in a solvent bank, by advice of State and County Superintendent and County Board, if loss result, is no defense. — Inglis V. State, 61 Ind. 212; Board ti. State, 79 Ind. 270; McClelland t>. State, 138 Ind. 321. 3. School Board Independent. The School Trustees of a city or town act independently of the City Council or Board of Town Trustees in receiving and expending the school revenues, and their action can not be controlled by the latter. — Johnson v. Smith, 64 Ind. 275. 4. Mistake in Settlement. When a Township Trustee fails to keep the accounts required by this section, and by reason thereof, and by reason of mis- laying vouchers, he fails in his annual settlement with the County Commissioners to claim or receive credit for a certain sum properly paid out by him, he can not afterward recover for the amount so paid. — Butt c. Jennings Township, 81 Ind. 69, 128 SCHOOL LAW OF INDIANA. 5. Writ of Mandate. Mandamus lies by a School Trustee to compel de- livery by his predecessor of the records, books and papers of the office, and to compel the payment of money which the Trustee is required by law to apply to school purposes. — Frisbie v. Fogg, 78 Ind. 269; Goldsberry v. State, 69 Ind. 430; Hiatt V. State, 110 Ind. 472; Brown v. State, 78 Ind. 239. 6. Assessment of Damages. In a suit on the bond of a School Trustee the Court, in rendering judgment upon the verdict, should add ten per cent, to the amount found by the jury.— Watson v. State, 80 Ind, 212; Goldsberry ■;;. State, 69 Ind. 430; Hiatt i). State, 110 Ind. 472; Brown v. State, 78 Ind. 239. And the pro- vision to that eflfect is imperative.— Brown v. State, 78 Ind. 239. 7. They Can Not Borrovp Money. There is nothing in the statute from first to last indicating that a Township Trustee can rightfully obtain money from any other source than the school revenues. There is a plain and unmistakable pur- pose on the part of the Legislature to confine the Trustee to the funds expressly provided, and not permit him to go out into the business world as a borrower. ■■• -:•:- •:» The money is supplied to them, and they must take it as supplied, and not attempt to devise or create other sources of supply. — Wallis v. Johnson Town- ship, 75 Ind. 368. 8. Are Liable for Money Had and Eecetved. Where money is loaned to a Township Trustee for the use and benefit of the school township represented by him, and the school township receives the benefit of the money, it is liable therefor; and though the note of the Trustee attempting to bind the town- ship for the loan be held void, yet the liability of the township remains as for money had and received — Bicknell v. Widner Township, 73 Ind. 501 ; First Nat. Bank v. Union Township, 75 Ind. 361. 9. May' Execute Notes for Debts. A school township, by and in the name of its Trustee, may execute a valid negotiable p.romissory note for any debt con- tracted for the benefit of its property; but it is no-t governed by the law merchant, and an assignee takes it subject to all defenses.— Sheffield Tp. v. Andress, 56 Ind. 157. The Board of School Trustees of an incorporated town have power to exe- cute a valid negotiable promissory note, by and in the name of such Trustees, binding upon the school corporation for any debt contracted for the benefit of its la-operty. — School Town of Monticello v. Kendall, 72 Ind. 91. A note executed by ;i School Trustee and given in payment for certain school maps was held to bind the school corporation. — Moral School Tp., v. Harrison, 74 Ind. 93. The same was true of a note given for dictionaries, — Jackson School Tp. v. Hadley, 59 Ind. 534. And for school furniture. — Johnson School Tp.'U. Bank, 81 Ind. 515. But Pchool Trustees have no power to bind their corporations by notes given for money borrowed. — W^allis v. Johnson School Tp., 75 Ind. 368. Yet a Township Trustee may execute a note for school furniture that is prima facie valid and binding on the school township. — Miller v. White Eiver School Tp., 101 Ind. 503. See also Litten v. Wright School Tp., 127 Ind. 81. 10. May Anticipate Certain Revenues. The only portion of the school revenues which the School Trustees may not expend in anticipation is the school revenue for tuition belonging to the State and by it apportioned. Harney v. W^ooden, 30 Ind. 178. But this is very far from deciding that money may be borrowed by the Trustee.— Wallis v. Johnson School Tp., 75 Ind. 368. SCHOOL LAW OF INDIANA. 129 11. When May Issue Bonds. A Township Trustee, in case of a bequest or gift exceding five thousand dollars, to an unincorporated town in his township, conditioned upon the raising of a like sum by the citizens of the township, may, upon petition of a majority of the legal voters thereof, issue and sell the bonds of the township to an amount not exceeding fifteen thousand dollars. — § 255. School bonds of cities and incorporated towns are issued by the Common Council or Board of Town Trustees, but in no case by the School Board. 12. Result of the Decisions. The conclusion, from a careful comparison of the authorities, is that School Trustees have no power to borrow money; but they may bind their corporations by promissory notes for the payment in future of valid pre-existing debts, or for the repayment of money advanced to liquidate such debts. The indebtedness of all corporations is limited by the Constitution (E. S. 1881, § 220 ; E. S. 1894, § 220 ; E. S. 1897, § 220) to two per cent, on the value of taxable property. 13. Certificates of Indebtedness. Certificates of indebtedness issued without any consideration are invalid, and can not be inforced against the town- ship, even if the proper officers promise to pay them. — Axt v. Jackson School Tp., 90 Ind. 101. Such a certificate is void even in the hands of an innocent pur- chaser. --State V. Hawes, 112 Ind. 323; Boyd v. Mill Creek School Tp., 114 Ind. 210; Grimsley v. State, 116 Ind. 130. 14. Suits, How Broitght. In an action against a school township for articles purchased by the township, it must be shown that they were suitable or necessary, •and that they were received or used by the township. — Eeeve School Tp. v. Dodson, 98 Ind. 497; Bloomington School Tp. v. National School Furnishing Co., 107 Ind. 43; State v. Hawes, 112 Ind. 323. Delivery of the goods to a railroad company to be transported to the township is not such a delivery as will bind the township for goods purchased which are not suitable; but if actually received by the township and used, the contract is valid. — Boyd v. Mill Creek Tp., 114 Ind. 210; Litten v. Wright School Tp., 127 Ind. 81. 15. Misappropriation. A Trustee of Schools who has had no part in the misappropriation of funds of the corporation is not liable therefor.— State v. Julian, 93 Ind. 292. 16. Sessions of Board of County Commissioners. The sessions of the Board of County Commissioners under this section are for the sole purpose of receiving from the School Trustees reports, as herein provided for, and taking action thereon, and the Board has no power to transact any other business. — Fahlor v. Board of Commissioners, 101 Ind. 167 ; Heim v. State, 145 Ind. 605. 17. Who May- Bring Action on Bond. The incoming town or city Treas- urer is the proper person to bring suit against the outgoing Treasurer, on his bond, for a failure to turn over the school funds to him ; and he may do so without an order of the Board of County Commissioners. — Hiatt v. State, 110 Ind. 472 ; Strong V. State, 75 Ind. 440. And if he fails to bring such a suit he is liable on his bond, even though his predecessor be insolvent, if his sureties are financially responsible. —State V. Mock, 21 Ind. App. 629. 18. Overpayment. If a Treasurer pays more than he is required to pay to his successor, he must bring an action to recover the amount of such overpay- ment within six years after the fact of payment; and if such overpayment was occasioned by his failure to keep proper vouchers and accounts, and he settled 9 — ScH. Lavp. 130 SCHOOL LAW OF INDIANA. with the County Commissioners ■without making claim therefor, he can not recover the amount thereof. — Butt v. Jennings School Tp., 81 Ind. 69. 19. Advancing Money. A Township Trustee, who, in good faith, employs necessary and proper teachers, and when it is unexpectedly found that the public funds provided are insufficient to pay them in full, advances the deficit out of his own money, has a demand against the school township which he may recover. — Kiefert;. Troy School Tp., 102 Ind. 279; Murphy ij. Oren, 121 Ind. 59. And so may a city or town Treasurer who advances money under like circumstances. 20. Mixing Funds. The several school funds should be kept separate ; but if payment is made out of the wrong fund, the fund from which it should have been made can be drawn upon to make up the deficiency in the overdrawn fund ; and in a suit against the Trustee, he should have credit in this way. — State v. Finney, 125 Ind. 427 ; Murphy v. Oren, 121 Ind. 59 ; Finney v. State, 126 Ind. 577. 21. Officer De Facto Liable Can Not Deny Liability. It is no defense to an action by a school corporation to recover its moneys of one who had intruded unlawfully into the office of treasurer of the corporation, that another is holding that office. — Lucas v. State, 86 Ind. 180. 22. Ownership of Fund. The officer holding the school funds for the time being is the owner thereof, but is not entitled to any interest that he may receive by a loan of the funds. — Winchester Electric Light Co. v. Veal, 145 Ind. 506, practically overrules Brown v. State, 78 Ind. 239; Bocard d. State, 79 Ind. 270; Kock V. Stinger, 36 Ind. 346 ; Shelton v. State, 53 Ind. 331 ; and if he receives the interest accruing on warrants issued by the County Auditor on the County Treas- urer, he is liable for the amount of such interest thus received. — Hadley v. State, C6 Ind. 271. 23. Refunding to Trustee. An act of the Legislature refunding to a School Trustee, out of the funds of his school corporation, moneys lost without his fault is valid.— Mount v. State, 90 Ind. 29. 24. Eight of New Town to Part of School Eevenue. When new town is organized within township after school revenue is received, the town is entitled to its share ; the Trustee may be compelled by mandate to pay it over to the town School Trustees, who are the proper relators in such suit. — Hon v. State, 89 Ind. 249. 25. Depositing in Bank. School Trustees may lawfully deposit the funds of their township in a bank, but may not loan them to such bank. — Winchester Electric Light Co. v. Veal, 145 Ind. 506; Meridian National Bank v. Hauser, 145 Ind. 496. 26. Township Advisory Board Law. All the decisions cited above concerning the creation of township debts were rendered before the enactment of the Advisory Board Law. Contracts now to be valid must be made in accordance with its pro- visions. See section 340. 27. Report Not Conclusive. The report of the Trustee is not final nor conclusive, and its truthfulness may be inquired into. — State v. Board, 136 Ind. 207. [1865, p. 3. Approved and in force March 6, 1865.] 106. Record— Duty as to Eevenue. 8. The Trustees shall keep a record of their proceedings relative to the schools, in- cluding all orders and allowances on account thereof; inchiding, SCHOOL LAW OF INDIANA. 131 also, accounts of all receipts and expenditures of school revenue, distinguishing between the special school revenue belonging to their township, town or city, and the school revenue for tuition, which belongs to the State, and by it apportioned to their town- ship, town or city; which said revenue for tuition they shall not permit to be expended for any other purpose, nor even for that purpose in advance of its apportionment to their respective corporations. (R. S. 1881, §4442; R. S. 1894, §5918; R. S. 1897, § 6136.) 1. Liability. A Trustee of Schools who has had no part in the misapplica- tion of tuition revenue is not liable therefor. — State v. Julian, 93 Ind. 292. 2. Inspection of Books. School Trustee's records, either of a city, town or township, are public records, alwaj's open for public inspection, and any one in- terested therein has a right to examine them. Anderson School Township v. Thompson, 92 Ind. 556. 3. Effect of Report. The Trustee's statement of the amount of money he has received from his predecessor is conclusive on him, in a suit on his bond, but not on his sureties. State v. Mock, 21 Ind. App. 629. See State Board, 136 Ind. 207. 107. Annual statement. 9. The Township Trustees and the School Trustees of incorporated towns and cities shall, immediately after their annual settlements with the County Commissioners, in August make a full statement of all their receipts and expenditures, for the year preceding, relative to their schools. (R. S. 1881, §4443; R. S. 1894, §5919; R. S. 1897, §6137.) [1901, p. 514. Approved March 11, 1901; in force May, 1901.] 108. General duties. 1- The School Trustees shall take charge of the educational affairs of their respectiv^e townships, towns and cities. They shall employ teachers, establish and locate conveniently a sufficient number of schools for the edu- cation of the children therein, and build, or otherwise provide, suitable houses, furniture, apparatus and other articles and edu- cational appliances necessary for the thorough organization and efficient management for said schools. Such School Trustees may also establish and maintain in their respective corporations, as near the center of the township as seems wise, at least one separate graded high school, to which shall be admitted all pupils who are sufficiently advanced : Provided, That the School Trustees of two or more school corporations may establish and 132 SCHOOL LAW OF INDIANA. maintain joint graded high schoo][s] in lieu of separate graded high schools, and when so done they jointly shall have the care, management and maintenance thereof: Promded further, That any Trustee, instead of building a separate graded high school for his township shall transfer the pupils of his township com- petent to enter a graded high school to another school corpora- tion : Provided further, That all payments of tuition, provided for under this act, heretofore made by School Trustees for such high school privileges are hereby legalized : Provided further, That no such graded high school shall be so built unless there are at the time such house is built, at least twenty -five common school graduates of school age residing in the township. 1. Power of Trustee. The Township Trustee is clothed with almost auto- cratic power in all school matters. The voters and taxpayers of the township have but little, if indeed any, voice or part in the control of, the details of educa- tional affairs. So far as actual authority is concerned, the Trustee is the corpora- tion, although in contemplation of law it is otherwise. — Wallace v. Johnson Tp., 75 Ind. 368; Bicknell v. Widner School Tp., 73 Ind. 501. 2. Patrons Can Not Designate Teachers. There is no provision of the law authorizing any other person than the Trustee to select a teacher. It is there- fore held that the provision authorizing the Trustee to employ teachers, also authorizes him to select them, and that school meetings are not empowered by the law to designate or employ teachers. That power was taken from them in 1873. 3. County Can Not Build School House. A Board of County Commission- ers has no authority to make an appropriation of any sum out of the general fund of their county for the erection of a school building. Eothrock v. Carr, 55 Ind. 334. 4. Abandoned Corporation. In case a town abandons its corporation, the powers and duties of the Board of School Trustees cease, the Township Trustee succeeds thereto, and it becomes his duty to take charge of the schools without special notice. 5. Trustee Can Not Employ Himself. You ask me whether a Township Trustee has a right to teach school in his own township. In answer I have to say that a Township Trustee, being the agent of the State to employ teachers for the public schools, is not authorized to employ himself. 6. Contracts with Teachers. A teacher contracts with the school township through its Trustee, and although the Trustee squanders the township funds and his bond is worthless, yet the township is liable to pay the teacher as specified in the contract.— Harrison School Tp. v. McGregor, 96 Ind. 185; Harmony School Tp. V. Moore, 80 Ind. 276. Verbal contract held valid. — Jackson School Tp. v. Shera, 8 Ind. App. 330 ; Fairplay School Tp. v. O'Neal, 127 Ind. 95 ; School Town of Kochester v. Shaw, 100 Ind. 268. Nor can the School Trustee, without cause, revoke a contract of employment before the commencement of the term of service specified in the contract, even under a provision in the contract to the effect that the employment is subject to the right of the Trustee to remove the teacher at any time upon a week's notice or any other length of time.— School City of Lafayette t,. Bloom, 17 Ind. App. 461. SCHOOL LAW OF INDIANA. 133 7. When Contracts May Be Made. See sec. 239 for time of making con- tracts for a township teacher. But a contract made by the Board of School Trustees of an incorporated town or city with a School Superintendent, prior to the annual election of a new mem- ber of the Board and the reorganization required by statute, for services to be performed after the election of such member, is valid and binding on the school corporation. — Keubelt v. School Town of Noblesville, 106 Ind. 478. 8. Eesignation of Teacher. The relation existing between Trustee and teacher is based on a contract. A teacher can not resign without the consent of the Trustee. To abandon his school without such consent is a violation of his contract, and gives the Trustee a claim against him for any damages actually sus- tained by the school in consequence thereof. 9. Location of Houses — Title. The title to property on which a school house is to be built must be in the school corporation ; and by proper pi-oceedings land may be condemned for school purposes. Trustees must not build outside their own jurisdiction, since the franchises of a school corporation can not extend beyond its own territory so as to attach to land or school buildings outside the corporate limits. — Mt. Carmel v. Shields, 66 Ind. 521. 10. Providing Houses, Furniture, Etc. The school authorities are not bound to furnish educational facilities beyond those which the funds, devoted by law to that purpose, will yield. It is not for them to builien the school township with debt by borrowing money. Their duty is fully performed and their power completely exhausted when they have properly expended all money derived from the school revenue. — Wallis v. Johnson School Tp., 75 Ind. 368. But where money had been loaned to a Township Trustee for the purpose of completing a needed and suitable school house, the school township receiving the benefit of the loan was held to be liable therefor. — Bicknell v. Widner School Tp., 73 Ind. 501. 12. Furniture. The Trustees were formerly under the law judges whether furniture was needed ; and contracts therefor, and in consideration of the purchase of maps and dictionaries, bound the corporation. — Moral School Tp. v. Harrison, 74 Ind. 93; Johnson School Tp. v. Bank, 81 Ind. 515; Jackson School Tp. v. Hadley, 59 Ind. 534; Clark School Tp. v. Grossius, 20 Ind. App. 322; Miller -y. White Eiver School Tp., 101 Ind. 510; but now such purchases for a township must first be directed by the Township Advisory Board. 13. Contracts of Trustees. Contracts for the benefit of school corpora- tions, whether to build houses, employ teachers or purchase supplies or appara- tus, should be made by the Trustee in the name of the school, not the civil, cor- poration. — Hornby v. State, 69 Ind. 102; Harrison Tp. v. McGregor, 67 Ind. 380. A school town is bound, as such, for the contract price of material furnished and labor performed by another, in the erection of a school building for such town, under a parol contract therefor, made with him by the School Trustees of such town (School Town Princeton v. Gebhart, 61 Ind. 187), but a mechanic's lien can not be taken upon the building for materials furnished therefor and labor performed thereupon. — Fatout v. Board of School Com., 102 Ind. 223. A suit to set aside a contract for the building of a school house and to enjoin the doing of the work, on the ground of fraud on the part of the Township Trustee, in the making of the contract, is properly brought in the name of the State, for the use of the civil township. — State v. Earhart, 27 Ind. 119. 134 SCHOOL LAW OF INDIANA, A contract by a School Trustee for the improvement of school property, by the terms of which he is to share in the profits is void, both at common law, and under the statute. — Wingate v. Harrison School Tp., 59 Ind. 520. The penalty for such corrupt interest in contracts is a fine of irom three hun- dred to one thousand dollars, and imprisonment for fram two to fourteen years. — K. S. 1881, § 2049; R. S. 1894, § 2136; R. S. 1897, ? 2162. 14. Gbaded Schools. This section gives the Trustees ample power to oi'gan- ize, at their discretion, such a system of free schools as the peculiar circumstances of their townships may require. The schools may be all of the same grade, or of two or three more grades. They may classify the children of the township accord- ing to acquirements. They may authorize the teaching of any branches of science, literature and art which public interest and public opinion may require. A graded school is a school in which the pupils are placed in different rooms and under difierent teachers, according to advancement. Consequently, the greater the number of rooms and teachers for any giveja school the more favc^r- able the means for perfect grading. From this it will be seen that a graded school as contemplated in the above section can not exist with less than two teachers. With one the school may be classified but not graded. Trustees will therefore have regard to this element when tliey put up buildings designed for graded school. 2d. As to the time when a graded school should be established for any given township, no definite directions can be given. There are too many local elements to admit of any special directions. It is, however, safe to say that whenever there are pupils in the township whose advancement is such that the district schools can not furnish them instroction, at that moment begins the need of a township graded school furnishing instruction o-f a higher grade. The Trustee must, however, be satisfied that the number of such pupils is sufficient to justify the establishment of such a school before providing the same. 3d. As to place, I would suggest that whenever practicable the township graded school sbould be established in connection with a district school, thus economizing in building, perhaps in teaching, also furnishing the means of a more thorough grading in at least one primary school in the township. It is suggested further that a village, if centrally located, is usually a favorable place for the township school. The separation of pupils into different schools or departments, according to age and acquirements, is not an abridgment of their rights. — Coi'ey v. Carter, 48 Ind. 360; State v. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 15. Custody of School Property. The Trustee of each school district has charge and possession of the school house, for, although the director has the charge for certain purposes, he acts under the order and with the concurrence of the Trustee.— Hurd v. Walters, 48 Ind. 148. 16. Orders Without Consideration Void. Where the Trustee of a school township has issued an order or certificate of indebtedness, in th« nam^e of his township, without any consideration therefor, such order or certificate is invalid and void, and can not be enforced against the township; nor in such cases will the acts, conduct or promises oi the Trustee, or his successors in office, estop the township from pleading the want of consideration as a sufficient defense to any suit against it upon such order or certificate. — Axt v. Jackson School Tp., 90 Ind. 101. 18. Rules and Regulations. School Boards and other educational authori- ties have power to adopt appropriate rules and regulations for the government of SCHOOL LAW OF INDIANA, 135 the schools under their control. It is not necessary that all such rules shall be made a matter of record, nor that every act, order or direction affecting their management shall be authorized or confirmed by a formal vote; but any reason- able rule adopted by a superintendent or teacher not inconsistent with some statute or some other rule prescribed by higher authority, is binding upon the pupils. A rule requiring the superintendent of a city school to visit weekly all the schools under his charge, and to see that the best methods of instruction are adopted, con- fers upon him authority, if it were otherwise wanting, to order and promulgate such additional reasooiable rules as the best iuteiiests of the schools may require. In the enforcement of all rules for the government of a school due regard must be had to the health, comfort, age, mental and physical condition of the pupils ; and to the circumstance attending such particular emergency, and the condition of the weather, the infirmity of a pupil, and the like, may require relaxation in their strict enforcement. A school regulation must not only be reasonable within itself, but its enforcement mnst also be reasonable under all the circumstances. The habit of locking the doors of a school room during the opening exercises is not an unreasonable enforcement, under ordinary circumstances, of a rule requiring pupils to reomaiTi in the hall during that time; but if the weather is unusually severe, and proper steps are not taken for the comfort of children thus excluded, such method of enforcement is unreasonable and improper. A rule requiring tardy pupils to remain either in the hall of the school building, which is provided with heat, or in the office of the principal, until the opening exercises, lasting from ten to fifteen minutes, are concluded, in order that such exercises may not be inter- rupted or disturbed, is in itself a reasonable regulation. Such detention as a penalty for some omission or misconduct is one of the recognized methods of enforcing discipline and promoting the progress of pupils in the common schools, and although the cause for such detention be mistaken, it possesses none of the ele- ments of false imprisonment, unless imposed from wanton, willful or malicious motives. A school officer is not personally liable for a mere mistake of judgment in the goverment of his school; but to render him liable it must be shown that he acted in the manner complained of wantonly, willfully or maliciously.— Fertich y. Michener, 111 Ind. 472. 19. Contagious Disease. Where a school town contracts with a teacher for a certain number of weeks of service, and, before the expiration of the term, closes the school upo^ order of the County Board of Health because of the prevalence of diphtheria, it is liable for the t«a«her's salary for the time the school is closed, the non-performance of the contrac^t not being due to an act of God. — School Town of Carthage v. Gray, 10 Ind. App, 428. 20. Closing School on Account or Epidemics. If a teacher objects to closing school on account of epidemics he may be compelled to do so by order from the Secretary of the Board of Health.— E. S. 1894, §6719. 21. Power as to Rules and Eegulations. Under the statutes of this State, construed in connection with the incidental powers of corporations, the various school boards and other educational authorities, have power to adopt appropriate rules and regulations for the government of the schools under their control. Fer- tich V. Michener, 111 Ind. 472. 22. Rules Must be Reasonable Under the Circumstances. A school regulation must not only be reasonable in itself, but its enforcement must also be reasonable under all the circumstances. — Fertich v. Michener, 111 Ind. 472. 136 SCHOOL LAW OF INDIANA. 23. Mandamus the Proper Action to Compei, the Performance of a" MiNiSTERiAX, Duty. Mandamus is the proper action to compel any officer to per- form a ministerial duty, but mandamus will not lie to compel the performance of a discretionary duty. 24. Bribery of Public Officer. To offer a receipt for more than the cost of any kind of apparatus to induce an officer to purchase is bribery.— State v. McDonald, 106 Ind. 233. 26. Courts Will Not Eeview Discretionary Acts if Not Abused. It is a general rule that courts will not revise the exercise of discretionary authority by a public officer, for as long as he acts in good faith and within the general scope of his authority, he is not subject to judicial control. — Tufts v. State, 119 Ind. 232; Weaver v. Templin, 113 Ind. 298; Leeds v. City of Eichmond, 102 Ind. 372; City of Kokomo v. Mahan, 100 Ind. 242; Mayor, etc., v. Koberts, 34 Ind. 471. 27. Students Must Submit to Necessary Rules. A student is required to submit to any proper rule necessary for the good government of the school. — State V. White, 82 Ind. 278. 28. Conspiracy to Defraud Invalidates Township Orders, and Actual Value of Goods Can Not Be Obtained. The certificate upon which the action was predicated originated in an unlawful and corrupt conspiracy to de- fraud a public corporation. An agreement or conspiracy between two persons which has for its object the perpetration of a fraud or civil injury upon another, is illegal; and any agreement to carry out or consummate a scheme which in- volves a breach of trust, or official duty, is unlawful and void. And the actual value of the goods furnished the township can not be recovered. — Kittenger v. Monroe School Tp., 3 Ind. App. 411; Bojdv. Mill Creek School Tp., 124 Ind. 193. 29. Delivery and Acceptance of Supplies. The delivery of the goods to a railroad company by the vender is not such a delivery as is required to make the school township liable upon a contract which its Trustee had no authority to make. In such a case liability is based upon the actual acceptance and appro- priation of the goods.— Boyd v. Mill Creek School Tp., 114 Ind. 210. But this case has been modified by Boyd v. Mill Creek School Tp., 124 Ind. 193, and Kit- tenger V. Monroe School Tp., 3 Ind. App. 411, where fraud appears. See also 127 Ind. 81. 30. Mechanic's Lien Against Public Policy. A mechanic's lien for work done, or materials furnished, in the erection of a public school house, can not be acquired or enforced. It is against public policy. — Fatouty. Board, 102 Ind. 223. 32. Township Must Own or Lease School Premises. A School Trustee has no lawful authority to provide furniture for a room for school purposes, or employ teachers for services therein, unless such room is owned or leased by the school township ; and even if the County Superintendent, on appeal, direct him to do so, he may properly disobey the order, and mandate will not lie to compel him to obey it. — State v. Sherman, 90 Ind. 123. 33. Discretion of Trustees. Previous to 1899, the Trustees were sole judges of the right to purchase property for joint schools.— Craig School Tp. v. Scott, 124 Ind. 72. 109. Duration of school in any year. 2. Said School Trustees shall maintain in each school corporation a term of SCHOOL LAW OF INDIANA. 137 school at least six months in duration, and shall authorize a local tuition levy sufficient to conduct a six months' term of school each year hased on estimates and receipts from all sources for the previous year, w^hich may include that received from the State's tuition revenue : Provided, Such levy shall not exceed the limit now provided hy law. 110. Care and management of school property. 3. Said. School Trustees shall have the care and management of all property, real and personal, belonging to their respective cor- porations for common school purposes, except the congressional township school lands, which lands shall be under the care and management of the Trustee of the civil township to which such lands belong. 1. Director's Control. The School Director has charge for certain pur- poses, but he acts under the order and with the concurrence of the Trustee. — Hurd V. Walters, 48 Ind. 148. [1873, p. 68. Approved and in force March 8, 1873.] 111. Superintendent in cities and towns. 12. The School Trustees of incorporated towns and cities shall have power to employ a Superintendent for their schools (whose salary shall be paid from the special school revenue), and to prescribe his duties, and to direct in the discharge of the same. (R. S. 1881, § 4445 ; R. S. 1894, § 5924 ; K. S. 1897, § 6145.) 1. Compensation. In case a person is employed to superintend part of the time and teach part of the time, he can be paid for the services he renders as Superintendent out of the special revenue, and for the services he renders as teacher out of the tuition revenue. If paid anything from the latter, he must possess a valid license. 112. Joint graded schools. 13. The School Trustees of two or more distinct municipal corporations for school purposes shall have power to establish joint graded schools, or such modi- fications of them as may be practicable, and provide for admit- ting into the higher departments of their graded schools, from the primary schools of their corporations, such pupils as are sufficiently advanced for such admission. Said Trustees shall have the care and management of such graded schools, and 138 SCHOOL LAW OP INDIANA. they shall select the teachers therefor. They shall have power to purchase suitable grounds for such graded schools, and erect suitable buildings thereon; and the title to all such property, acquired for such purposes, shall vest jointly in the corpora- tions establishing the graded schools. (R. S. 1881, §4446; li. S. 1894, § 5925 ; R. S. 1897, § 6146.) 1. Management and Sdpeevision. A joint graded school, as to its man- agement and teachers, is subject to the same laws, rules and regulations as town- ship graded schools [§ 111], except that it is under the joint management of the School Trustees of both corporations. But the teachers should attend the institutes of the county and township in which the school is situated, and should be under the supervision of the Superintendent of that county. 2. Purchase of Property. The two corporations may purchase jointly real estate; and the Trustees are the sole judges of the right to pui-chase property of this character. — Craig School Tp. v. Scott, 124 Ind. 72. 3. Management of Joint Graded Schools. The Trustees act as individual Trustees, and do not as a unit represent their respective corporations. A majority of the whole Board of Trustees, whether such majority come from one corporation entirely, or from the different corporations interested, have the power to transact any and all business, including the employment of teachers relating to such joint graded school. — Hanover School Tp. v. Gant, 125 Ind. 557. 4. New Statute. The above section must be construed in connection with section 113. [1901, p. 53. Approved February 28, 1901. In force May, 1901.] 113, Joint school district— Petition. 1. The Trustees of two or more adjacent school corporations may establish a new school district and build a school house therein at the joint ex- pense of their several corporations, whenever, in their judgment it shall appear necessary for the better accommodation of the people of their respective corporations : Provided, That such necessity must be set forth in a petition of the persons making the request, such petition to be presented to each of said Trus- tees. And said Trustees shall, at the time agreed upon by them, not less than ten days nor more than thirty days from the time of receiving such petition, hold a joint meeting, for the purpose of declaring whether such petition shall be granted, and take further action as the case may require. 1 . Note. An appeal lies to the County Superintendent by the petitioners if the Trustees do not grant the petition; but such Superintendent can not direct one Trustee, where the other disagrees with him, to make the selection of a site for the school house; nor to purchase a lot without his consent. — Hendricks v. State, 151 Ind. 454. SCHOOL LAW OF INDIANA. 139 114. Expense of establishing — Control of school. 2. Each corporation shall bear such part of the expense of establishing such joint district school as the number of children of school age residing in each corporation and attaching themselves to said new district at the time of the formation, bears to the whole number of children of school age who are attached to said dis- trict at its formation and each corporation shall assume its share of the debt so incurred. But when said school shall be estab- lished it shall be controlled by the corporation in which it is established in the manner already prescribed by law. 115. Expense of maintenance. 3. The children of school age resident in a joint district already established or hereafter es- tablished shall be admitted to the joint school maintained there- in, without transfer certiiicates or tuition charge. The Trustees of the various corporations from which the joint district is made shall pay such part of the cost of maintaining the joint school as the number of pupils enrolled from each corporation bears to the whole number enrolled in the joint school. [1901, p. 437. Approved and in force March 11, 1901.] 116. Abandonment of school district or corporation. 1. Whenever a majority of the legal voters of any school district or corporation ^shall petition the Trustee or Trustees of such school district or corporation for the abandonment of their schools and the consolidation of their schools with the schools of some other school district or corporation in the same town- ship, it shall be the duty of the Trustee or Trustees of such school district or corporation to comply with such petition, and to provide for the education of the children of such abandoned district or corjDoration in other schools as asked for in such petition. 1. Note. See section 117. [1901, p. 159. Approved and in force March 7, 1901.'] 117. Consent of voters to abandonment. 1. No Town- ship Trustee shall abandon any district school in his township until he shall have first procured the written consent therefor signed by a majority of those legal voters who are entitled to vote for Township Trustee in such district: Provided, This act 140 SCHOOL LAW OF INDIANA. shall not apply to schools which have an average daily attend- ance of twelve (12) pupils or fewer. It shall be the duty of every Township Trustee to re-establish any district school so abandoned upon the written petition of two-thirds of the legal voters who are entitled to vote for Township Trustee in such district. L1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.] 118. Kindergartens. 1. In addition to other grades or de- partments now established in the common schools of the State, the Board of Trustees of any incorporated town or city are hereby empowered by law to establish, in connection with the common schools of such incorporated town or city, a kinder- garten or kindergartens for the instruction of children between the ages of four and six, to be paid for in the same manner as other grades and departments now established in the common schools of such incorporated town or city : Provided, however, That no money accruing to such incorporated toAvn or city from the "school revenue for tuition fund" of the State shall be used to defray the tuition and other expenses of such kindergarten; but the same may be defrayed from the local tax for tuition and the special school revenue of said incorporated town or city. (R. S. 1894, § 5921 ; E. S. 1897, § 6139. 1. Note. See section 119. [1901, p. 123. Approved and in force March 6, 1901.] 119. Tax for kindergarten. 1. In any city having a pop- ulation, according to the latest United States census, of over six thousand, the Board of Sohool Commissioners or School Trustees, may in fixing the annual levy of taxes for school pur- poses include therein one cent on each one hundred dollars valu- ation, in addition to the tax now authorized, for the purpose of providing a fund for the support of free kindergarten schools in said city. 1. Note. See previous section. 1 120. How collected and disbursed. 2. The tax so levied shall be collected as the other taxes for school purposes in such city are collected and shall be disbursed by the County Treas- SCHOOL LAW OF INDIANA. 141 nrer as other school funds raised by local taxation are dis- bursed, and said free kindergarten fund shall be applied to the aid, maintenance and support of free kindergarten schools con- ducted by any association incorporated for that purpose having the approval of and designated by the Superintendent of Schools of said city, and said fund shall be from time to time paid over to said association for such use upon the written order of said Superintendent directed to said County Treasurer : Provided, That in cities having a population of more than one hundred ' thousand, according to the last preceding United States census, such tax shall be levied and such association shall not receive such funds unless for more than two years next preceding it shall have maintained at least twelve such free kindergarten schools. [1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 121. Night Schools. !• In all cities having a population of three thousand, or more, according to the census of 1880, the School Trustees of such cities shall keep and maintain a night school, between the hours of seven and nine and a half o'clock p. M., during the regular school terms as a part of the systems of common schools whenever twenty or more inhabitants of such city, having children between the ages of fourteen and twenty- one years of age, or persons over the age of twenty-one years of age, and who, by reason of their circumstances, are compelled to be employed, or have their children employed during the school days to aid in the support of such families, who desire to and who shall attend such school, shall petition such School Trustee so to do. (R. S. 1894, § 5922 ; E. S. 1897, § 6140.) 122. Age of Pupils. 2. All persons between the ages of fourteen and thirty, who are actually engaged in business or at labor during the day, shall be permitted to attend such school. (R. S. 1894, § 5923; R. S. 1897, § 6141.) [1879, S. p. 95. Approved March 31, 1879, and in force May 31, 1879.] 123. Surplus special school revenue. 1. It shall be the duty of the Board of School Trustees of any city or incorpor- ated town in this State to pay over to the Common Council or 142 SCHOOL LAW OF INDIANA. Board of Trustees of such city or town any surplus 'special school revenue in the hands of such School Trustees, not neces- sary to meet current expenses ; such excess of the revenue aforesaid to be applied for the payment of the interest or prin- cipal, or both, of any indebtedness incurred under the pro- visions of the act of March 8, 1873, authorizing cities and in- corporated towns to negotiate and sell bonds to procure means to erect and complete unfinished school buildings, and to pur- chase any ground and building for school purposes, and to pay debts contracted for the erection and purchase of buildings and grounds. (R. S. 1881, §4447; R. S. 1894, §5926; R. S. 1897, § 6147.) 1. Payment for School House. A city can not pay for a school house out of its general fund. Such payment must be made out of a fund especially levied for that purpose. — Nill v. Jenkinson, 15 Ind. 425. [1877, p. 18. Approved and in force March 3, 1877.] 124. Things legalized. 2. Yfhere the excess of special school revenue not necessary to meet the current demand upon such revenue shall have been, prior to the passage of this act, loaned, paid over, or applied, as provided in the preceding sec- tion, such loan, payment or application of such moneys is hereby legalized and made valid, as fully and completely as if this act had been in full force and effect at the time such trans- action took place. (R. S. 1881, §4448; R. S. 1894, §5927; R. S. 1897, § 6148.) [1865, p. 3. Approved and in force March 6, 1865.] 125. Teacher's reports. 20. To enable the Trustees to make reports which are required of them by this act, the teacher of each school, whether in township, town or city, shall, at the expiration of the term of the school for which such teacher shall have been employed, furnish a complete report to the proper Trustee, verified by affidavit, showing the length of the school term, in days ; the number of teachers employed, male and female, and their daily compensation ; the number of pupils admitted during the term, distinguishing be- tween males and females, and between the ages of six and twenty-one years ; the average attendance ; books used and branches taught, and the number of pupils engaged in the study SCHOOL LAW OF INDIANA. 143 of each branch. Until such report shall have been so filed, such Trustee shall not pay more than seventy-five per centum of the wages of such teacher, for his or her services. (R. S. 1881, § 4449 ; R. S. 1894, § 5928 ; R. S. 1897, § 6149.) 1. Teacher Excused, When. If the school authorities fail to furnish a building In which to teach the school, or refuse to furnish a school to be taught, or wrongfully discharge the teacher, such teacher is excused from making a report. — Charlestown School Township v. Hay, 74 Ind. 127. 2. Suit. It is a part of a teacher's contract that he will make a report, and until he does so he can not recover more than three-fourths of his wages, unless the Trustee has waived the report; and the burden is on the teacher to show either that he made the report or it was waived, if he desires to recover the full amount of his earnings. — Owen School Township v. Hay, 107 Ind. 351. 3. Truancy. Teachers are required by the compulsory education law to report to truant officers or other school officers cases of truancy or irregularity in attendance. See Truancy Law. [1883, p. 118. Approved and in force March 6, 1883.] 126. Trustees' reports. 21. The Trustees of each town- ship, town or city, shall, annually, on the first Monday of August, make their report for the school year ending on the 31st day of July, and furnish to the County Superintendent the statistical information obtained from teachers of the schools of their respective townships, towns, or cities, and embody in a tabular form the following additional items : The number of districts ; schools taught, and their grades ; teachers, males and females ; average compensation of each grade ; balance of tui- tion revenue on hand at the commencement of the current year ; amount received during the year from the County Treas- urer, and amount expended within the year for tuition; and balance on hand; length of school taught within the year, in days; school houses erected during the year; the cost of the same ; the number and kind before erected, and the estimated value thereof, and of all other school property ; number of vol- umes in the library, and the number taken out during the year ending the 31st day of July ; also the number of volumes added thereto ; assessment on each one hundred dollars of taxable property, and on each poll of special tax for school house erec- tion, and amount of such levy ; balance of special school reve- nue on hand at the commencement of the current year ; amount received during the year from the County Treasurer ; the amount of said revenue expended during the year, and balance on hand ; the number of acres of unsold congressional school lands, the value thereof, and the income therefrom ; together with such 144 SCHOOL LAW OF INDIANA. other information as may be called for by tlie County Superin- tendent and the Superintendent of Public Instruction, (R. So 1881, § 4450; R. S. 1894, § 5929; R. S. 1897, § 6150.) [1865, p. 3. Approved and in force March 6, 1865.] 127. Eailnre to report. 22. On failure of any Trustee to make either the statistical report required by the last preceding section, or the report of the enumeration required by the six- teenth section of this act [§ 4473], or the report of finances required by the seventh section of this act [§ 4441], to the County Superintendent, at the time, and in the manner specified for each of said reports, the County Superintendent to whom such reports are due shall, within one week of the time the next semi-annual apportionment is to be made by the Auditor of the county, notify said Auditor, in writing, of any such failure ; and the Auditor shall diminish the apportionment of said town- ship, town or city by the sum of twenty-five dollars, and with- hold from the delinquent Trustee the warrant for the money apportioned to his tovvnship, town or city, until such delinquent report is duly made and filed. For said twenty -five dollars, and any additional damages which the township, town or city may sustain, by reason of stopping said money, such Trustee shall be liable on his bond, for which the County Commissioners may sue. (R. S. 1881, § 4451 ; R. S. 1894, § 5930 ; R. S. 1897, § 6151.) 128. Neglecting duties. 23. If a Trustee shall fail to discharge any of the duties of his oflice relative to the schools, any person may maintain an action against him for every such oftense, in the name of the State of Indiana, and may recover, for the use of tlie common school fund, any sum not exceeding ten dollars ; which sum, when collected, shall be paid into the county treasury, and added by the County Auditor to said fund, and reported accordingly. (R. S. 1881, § 4452 ; R. S. 1894, § 5931 ; R. S. 1897, §6152.) 129. Failing to serve. 24. Any person elected or appointed such Trustee, who shall fail to qualify and serve as such, shall pay the sum of five dollars, to be recovered as specified in the preceding section for the use therein named, and in like manner added to said fund, unless such person shall have previously served as such Trustee. (R. S. 1881, § 4453 ; R. S. 1894, § 5932 ; R. S. 1897, § 6153.) SCHOOL LAW OF INDIANA. 145 130. Trustee's accounts, l-tl. The books, papers and accounts of any Trustee, relative to schools, shall at all times be subject to the inspection of the County Superintendent, the County Auditor, and the Board of County Commissioners of the proper county. (R. S. 1881, §4454; R. S. 1894, §5933; R. S. 1897, § 6154.) 131. Examination of Trustee and Ms books. 142. For the purpose of such inspection, such County Superintendent, Auditor, and Board of County Commissioners may, by subpoena, summon before them any Trustee, and require the production of such books, papers and accounts, three days' notice of the time to appear and produce them being given. (R. S. 1881, §4455; R. S. 1894, §5934; R. S. 1897, §6155.) 132. Correction of accounts — Eemoval. 143. If any such books and accounts have been imperfectly kept, said Board oi Commissioners may correct them, and, if fraud appear, shall re- move the person guilty thereof. (R. S. 1881, § 4456 ; R. S. 1894, §5935; R. S. 1897, §6156.) . 1. Inspection. The County Commissioners may inspect a Trustee's books to see if money paid out has been paid out according to law; and if fraud ap- pears, to refuse to allow him credit for it, but otherwise they can not refuse to allow his claims. — See Bicknell v. Widner School Township, 73 Ind. 501. CHAPTER Yin. TAXATION. Sec. 133. State tax. 134. Uniform tax. 135. Special tax.' 136. Assessment and collection. Sec. 137. Local tax for tuition. 138. Local tax, how applied. 139. Special tax to pay debts. 140. Tax to complete town school house and to support town schools. "^ [1895, p. 299. Approved and in force March 11, 1895.] 133. State tax. 3. There shall be in the year 1895, and annually thereafter, assessed and collected, as other taxes are assessed and collected, the sum of eleven cents on each one hundred dollars' worth of taxable property, and fifty cents on 10 — ScH. Law. 146 SCHOOL LAW OF INDIANA. each taxable poll in the State, which money, when collected^ shall be paid into the School Revenue for Tuition Fund in the State Treasury, and shall be apportioned to the several counties of the State in the manner now provided by law. (R. S. 1897, § 6167.) 1. An act of 1873 (p. 216) legalized tax levies for tuition made by School Trustees of cities prior to January 21, 1875. [1869, S. p. 41. Approved and in force May 13, 1869.] 134. Uniform tax. 1. In assessing and collecting taxes for school purposes under existing laws, all property, real and per- sonal, subject to taxation for State and county purposes, shall be taxed for the support of common schools, without regard to the race or color of the owner of the property. (R. S. 1881, § 4466 ; R. S. 1894, § 5952 ; R. S. 1897, § 6168.) [1873, p. 68. Approved and in force March 8, 1873.J 135. Special tax. 12. The Trustees of the several town- ships, towns and cities shall have the power to levy a special tax, in their respective townships, towns or cities, for the con- struction, renting, or repairing of school houses, for providing furniture, school apparatus, and fuel therefor, and for the pay- ment of other necessary expenses of the school, except tuition; but no tax shall exceed the sum of fifty cents on each one hun- dred dollars' worth of taxable property and one dollar on each poll, in any one year, and the income from said tax shall be denominated the special school revenue. Any taxpayer who may choose to pay to the Treasurer of the township, town or city wherein said taxpayer has property liable to taxation, any amount of money, or furnish building material for the construc- tion of school houses, or furniture or fuel therefor, shall be entitled to a receipt therefor from the Trustee of said township, town or city, which shall exempt such taxpayer from any further taxes for said purposes, until the taxes of said taxpayer, levied for such purposes, would, if not thus paid, amount to the sum or value of the materials so furnished or amount so paid : Provided, That said building materials, or furniture and fuel, shall be received at the option of said Trustee. (R. S. 1881, § 4467 ; R. S. 1894, § 5953 ; R. S. 1897, § 6169.) SCHOOL LAW OF INDIANA. 147 1. This Section Constitutional. This question is decided in Rose v. Bath Tp., 10 Ind. 18, and several other cases. The school corporations of the State can not be authorized by statute to estab- lish and maintain schools separate and apart from the common school system of the State. Such a statute is unconstitutional. But they are not prohibited from aiding those common schools established under the supervision of the State, by levying a special tax. — Lafayette v. Jenners, 10 Ind. 70; Greencastle Tp. v. Black, -5 Ind. 557. 3. Commissioners Have no Control. By the above section the Legislature amended the act of 1865, giving Trustees the absolute right to levy a special tax by increasing the amount from twenty-five cents to fifty cents, and reaffirming the former law, otherwise in the very words of it. This clearly removes all authority of Commissioners over the Trustees in making their special school levies. — Cole V. State, 131 Ind. 591 ; Shepardson v. Gillette, 133 Ind. 125. 4. Bank Stock. Shares of bank stock in a national bank are liable to the special tax authorized by this section. — Daniels v. Strader, 39 Ind, 63; Eoot v. Erdelmeyer, 37 Ind. 225, affirming 1 Wilson 99. 5. Who Levies and Collects. The Township Trustee makes the recom- Utiendation of a certain rate of taxation, but the Township Advisory Board makes the levy. Under the old law the Township Trustee might levy. — Heal v. JefTerson Tp., 15 Ind. 431; Colew. State, 131 Ind. 591; Shepardson v. Gillette, 133 Ind. 125; Adamson v. Auditor, 9 Ind. 174. 6. Constitutional Limit op Debt. Where the indebtedness of a city or town has reached the constitutional limit of two per cent, it may contract for and erect school houses, the cost of which to be paid in such installments as will fall within the annual income from the special school tax levy. . 7. Board of School Trustees of City Has Power to Make Levy Inde- pendent of Commissioners — Duty of Auditor to Make And Extend the Assessment. A Board of School Trustees, for the purpose of creating a special school revenue in accordance with the above section, levied a special school tax of ~40 cents on each $100 of taxable property in the city, and 50 cents on each poll. The special levy was duly certified to the Auditor of the county with the request that he make the proper assessment of the special school tax as levied by the Board of Trustees, and extend the same upon the tax duplicate; but the Audi- tor, under the direction of the Board of Commissioners, failed and refused to extend the assessment on the tax duplicate, and modified the levy made by the Board of School Trustees. It was decided that the section authorized a Board of School Trustees of a city to levy the tax independently of the Board of Commis- sioners, and when made it is the duty of the Auditor to make the assessment and extend the same on the tax duplicate. — Wood v. School City of Tipton, 132 Ind. 206. 8. General Laws — Uniform System of Schools. A system that secures to all the various subdivisions of the State equal and uniform rights and privileges, leaving only to the local authorities the right, under the law, to govern the local school affairs, is a general and uniform system, and a law providing such a system is a general law within the meaning of the Constitution. — Robinson v. Schenck, 102 Ind. 307; Adamson v. Auditor, 9 Ind. 174; Rose v. Bath Tp., 10 Ind. 18. 148 SCHOOL LAW OF INDIANA. [1865, p. 3. Approved and in force March 6, 1865.] 136. Assessment and collection. 13. The County Auditor shall, upon the property and polls liable to taxation for State and county purposes, make the proper assessments of special school tax levied by the Trustee, in the same manner as for State and county revenue, and shall set down the amount of said tax on his tax-list and duplicate thereof, as other taxes are set down, in appropriate columns ; and he shall extend said assessment to the taxable property of the person transferred, which is situate in the township, town or city to which the transfer is made, and to the property and poll of the person transferred, situate in the township, town or city in which the person taxed resides, according to the rate and levy thereof in the township, town or city to which the transfer is made, and for its use ; and said tax shall be collected by the County Treasurer as other taxes are collected, and shall be paid, wheip. collected, to the Treasurer for school purposes of the proper township, town or city, upon the warrant of the County Auditor. To enable County Auditors correctly to assess said tax, the County Superintendents of the several counties shall, at the time they make out and report to the Auditor the basis of the apportionment of school revenue for tuition, as is required by section 4432 [§92], make out and report to said Auditor a statement of transfers which have been made for school pur- poses according to sections 4472 [§ 92 and § 93] and 4473. (R. S. 1881, §4468; R. S. 1894, §5954; R. S. 1897, §6170.) 1. Levy of Taxes on Person Teansferbed. Formerly it was the duty of the Auditor to extend the school tax to all persons transferred to the township, town or city, and such tax was imposed upon all the property of such person sit- uated in the township, town or city to which he was transferred, as well as to all his property situated in the township, town or city from which he was trans- ferred. — Johns V. State, 130 Ind. 522. ; but now no tax is levied upon the property of persons transferred unless it is situated in the township to which the transfer is made. The township from which the transfer is made pays the tuition of the pupil transferred. Section 143. [1895, p. 153. Approved and in force March 7, 1895.1 137. Local tax for tuition. 1. The School Trustees of the several townships, towns and cities shall have power to levy annually a tax not exceeding thirty-iive cents on each one SCHOOL LAW OF INDIANA. 149 liiiiidred dollars of taxable property, and twenty-five cents on each taxable poll, which tax shall be assessed and collected as the taxes of State and county revenues are assessed and col- lected, and the revenues arising from such tax levy shall consti- tute a supplementary tuition fund, to extend the terms of school in said townships, towns and cities after the tuition funds ap- portioned to such townships, towns and cities from the State tuition revenue shall have been exhausted : Provided, however, That should there be remaining in the tuition fund of any township, town or city levying such tax at the close of any school year any unexpended balance of such supplementary tuition fund assessed and collected for use in such school year, or previous year, equal to or exceeding in amount one cent upon each one hundred dollars of taxable property in said township, town or city, then it shall be the duty of the County Auditor to take notice of the same, at the time when the Trustee or Trustees of such school corporation shall make the annual levy for such tax such Trustee or Trustees shall make, under oath, an estimate of the amount of supplementary tuition fund that will be required to meet the actual expenses of the schools for the next school year, and from such estimate sa'id Auditor shall deduct the unexpended balance of such fund in such Trustee or Trustees' hands on the first Monday of July, and the said Trustee or Trustees shall make a levy not larger than shall be suflicient to produce a supplementary revenue equal to the amount remaining of such sworn estimate after such unexpended balance shall have been deducted therefrom. (R. S. 1897, §6171.) 1. Who Makes Levy. The levy is made by the School Trustees of cities and towns, and by the Township Advisory Boards of townships. 2. Constitutional. The tax authorized by this section is valid, the section being constitutional. — Kobinson v. Schexick, 102 Ind. 307 ; Shepardson v. Gillette, 133 Ind. 125'. 138. Local tax, how applied. 2. The funds arising from such tax shall be under the charge and control of the same offi- cers, secured by the same guarantees, subject to the same rules and regulations, and applied and expended in the same manner as funds arising from taxation for common school purposes by 150 SCHOOL LAW OF INDIANA. the laws of this State : Provided, That the funds assessed and ijolleeted in any school township, school town or school city shall be applied and expended in the same school township, town or city in which such funds shall have been assessed and collected. (R. S. 1897, § 6172.) 1. Anticipating. This revenue is not forbidden to be anticipated, as is the State's tuition revenue. — Harney v. Wooden, 30 Ind. 178. [1871, p. 209. Approved and in force March 11,1871.] 139. Special tax to pay debts. 1. In all cases where any Township Trustee may have heretofore made and contracted debts against any township in the construction, repairing or completion of school houses, or in providing furniture or school apparatus therefor, and the special school revenue tax, as pro- vided for in section 135, shall be insufficient to satisfy, pay and liquidate debts so made and contracted by such Trustee, then, and in that case, it shall be lawful and such Township Trustee is hereby authorized to levy an additional tax of not exceeding twenty-five cents on each one hundred dollars' worth of taxa- ble property, in any one year, to the amount now authorized to be levied under said section, for the purpose of paying, satisfy- ing and liquidating the debts made and contracted by said Trustee for the purposes aforesaid; and it shall be lawful and said Trustee is hereby authorized to make said levy for each and every year after the passage of this act, until said debts, made and contracted as aforesaid for the purposes aforesaid, shall be fully paid, satisfied and liquidated : Provided, That nothing in this act shall be construed to alter, change, modify, repeal or in any w^ay conflict with section 135 : Provided, farther, That such additional levy shall only be made after the legal voters of the township to be afiected thereby shall have de- clared in favor thereof. (R. S. 1881, § 4471 ; R. S. 1894, § 5957 ; R. S. 1897, § 6173. 1. Mandate. It is the duty of the Trustee of a township to apply the tuition funds of the township, when received, to the payment of its indebtedness for tuition, and the performance of such duty may be enforced by mandate. — State v. Cooprider, 96 Ind. 279. SCHOOL LAAV OF INDIANA. 151 [1885, p. 171. Approved and in force April 10, 1885.J 140. Tax to complete town school houses and to support town schools. Seventeenth. Such Board of Trustees shall have power to complete school houses now in progress of erec- tion, and provide for the payment of the same ; to erect or pro- vide such school houses as may be necessary for the use of schools of the town, to keep them in repair, and to provide fuel and other necessaries therefor. Nineteenth. The said Board of Trustees shall have power to levy and collect annual taxes not exceeding thirty cents on the one hundred dollars valuation on all property subject by law to taxation, for the support of town schools within their said cor- poration. (R. S. 1894, § 4357 ; 11. 8. 1897, § 4462.) 1. Statute Valid. This statute has been declared valid in Shei^ardson v.. Gillette, 133 Ind. 125. CHAPTER IX. ENUMERATION. Sec. Sec 141. Trustee to take — His duties — Who 146. Rights not abridged. enumerated. 147. Transfer to school corporation of 100,000, 142. Transfer. 148. Payment of tuition. 143. Tuition. 149. Enumeration, where filed — Retaking. 144. Appeal. 150. Township in two or more counties-* 145. Payment of tuition— Refusal to make. Report. [1895, p. 127. Approved and in force March 5, 1895.) 141. Trustee to take— His duties — Who enumerated. 14. The School Trustees of the several townships, towns and cities shall take or cause to be taken, between the tenth day of April and the thirtieth day of the same month, each 3'ear, an enu- meration of all unmarried persons between the ages of six and twenty-one. years resident within the respective townships, towns and cities. Each person required or employed to take such enumeration shall take an oath or affirmation to take the same accurately and truly to the best of his skill and ability. Such oath or affirmation shall be made a matter of record and kept on file iir the office of the School Trustee. 152 SCHOOL LAW OF INDIANA. In making tlie said enumeration, the Trustee, or person so employed, shall distinguish between the white and colored children, enumerating them in separate lists, and shall list the names of parents, guardians, heads of families, or persons hav- ing charge of such child or children, male or female, shall list the full name and give the sex and age of each child so enu- merated, shall secure the signature of either parent, guardian, head of family, or person having charge of such child or children, certifying to the correctness of the same, or if this is impossible, shall secure the signature of some responsible person who can certify to the correctness of said list ; and he shall give the number of the school district to which such parent, guardian, head of family or person having charge of such child or children is attached for school purposes, and the number and initials which designate the congressional township in which such par- ent, guardian, head of family or person having charge of such child or children resides. In cities the said enumerator shall give, in addition to the above enumerated items, the s1:reet and number of the residence of such person. He shall include in such list all unmarried persons between the ages of six and twenty-one years, whose parents, guardians, heads of families or persons having charge of such child or children, shall have been transferred to his township, town or city for school purposes ; and he shall exclude from such list all persons Mdiose parents, guardians, heads of families or persons having charge of such child or children shall have been transferred from his township, town or city for school purposes. He shall not include in such list any jDersons residing temporarily in his towhship, town or city for the purpose of attending school, or who are members of a family staying temporarily in his township, town or/ city, but whose actual residence is elsewhere. He shall include in his list such unmarried persons between six and twenty-one years of age as are dependent upon themselves and not under charge of parents, guardian or heads of families, and shall so designate such persons in a separate list, giving in cities the street and number of the residence of such persons. He shall enumerate no one who is not reported to him personally, and properly certified to as herein provided, except in cases of minors who are dependent upon no one, and not inmates of any family who may be reported as herein provided for : Provided, That SCHOOL LAW OF INDIANA. 153 if any parent, guardian, head of family or person having charge of any child, shall be absent, the enumerator shall ascertain the facts required from other reliable sources, and sign his own name to the certificate herein required ; and in case any parent, guardian, head of family or person having charge of any child entitled to school privileges shall refuse to report to the enumer- ator any facts herein required, necessary to a full and accurate enumeration, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one nor more than ten dollars. Each person required or employed to take the enumeration as provided for in this act, shall, when making returns of said enumeration to the proper officers, make affidavit or affirmation that he has taken and returned the enumeration in accordance with the provisions of this act, to the best of his knowledge and belief, and that such list contains the names of all persons entitled to be enumerated, and no others. The officer to whom such return is required to be made may take and shall certify such affidavit or affirmation, and shall keep in his office such affidavit or affirmation and such report and list of names ; and each person so taking and returning the enu- meration shall be allowed by the Township School Trustee, or the School Trustees of incorporated towns and cities, reasonable compensation per diem for his services, to be paid out of the special school fund of such township, town or city. Any person appointed as enumerator, or any officer through whose hands the enumeration required by this act shall pass, who shall knowingly enumerate persons not entitled to be enumerated, or who shall in any manner add to or take from the number actually enumerated, shall be deemed guilty of a misdemeanor, and, upon conviction of such offense, shall be fined in any sum not less than five nor more than one hundred dollars, or impris- onment in the county jail not less than ten nor more than thirty days, at the discretion of the court. (E. S. 1897, § 6174.) 1. Who May be Enumeeated. Only persons between the ages of 6 and 21 years are entitled to be enumerated, and to have the benefits of the common schools. — Draper t;. Cambridge, 20 Ind. 268. A minor attains to 21 years of age on the day preceding the twenty -first anniversary of his birth. — Wells v. Wells, 6 Ind. 447. 2. Residence. The legal domicile and residence of a minor, not emanci- pated, is that of his parents. Parents residing in another State can not send their 154 SCHOOL LAW OF INDIANA. children into this State for the purpose of procuring an education, and enable them to acquire such a residence here as will entitle them to admission into the common schools of this State, unless the circumstances are such as will create a bona fide legal residence here. — Wheeler v. Burrow, 18 Ind. 14. 3. Non-resident Students. Persons residing temporarily within a corpo- ration, for the purpose of studying at a school or college there located, do not acquire a legal residence therein. 4. Choice op Districts. A person may be detached from one district and attached to another at any time during the year, with the consent of the Trustee, upon presentation to him of a suitable reason therefor; but a person whose school privileges have been affected by his removal, or by the relocation of a school house, has the right at the next enumeration to choose a district in the township to which he will be attached. The distinction must be observed between a transfer and an attachment to a district, the former being a change from one corporation to another, the latter from one district to another in the same corporation. 5. Choice of Schools in Cities and Towns. There is no provision in the law, that we are aware of, authorizing parents or guardians to determine to which one of the schools they will send their children in towns and cities. These mat- ters are managed, we believe, by the Trustees exclusively, in towns and cities, who, doubtless, to some extent, consult the wishes of the inhabitants, having in view the grade of the school which it is proper that any given pupil should at- tend, the convenience of jiarents and the surrounding circumstances. — City of Crawfordsville v. Hays, 42 Ind. 207. 6. Privileges of Certain Children. The School Trustees are required to "make an enumeration of the children, white and colored, within their respective townships, towns and cities," and to "list the names of parents, guardians or heads of families, male and female, having charge of such children." The law in this section recognizes three distinct relations in which the person having charge of a child may stand to the child, viz., parent, guardian and head of a family. The term "heads of families" must refer to a relation not included in the terms "parents" and "guardians." It is intended to cover cases where a person has children of school age in his honje and under his protection, whether as employes or as members of his family, though without formal adoption or legal guardian- ship. But there are other cases which the provision of the statute as to listing names does not include, but which must be provided for under the requirement for enumerating the children within the several corporations. The domicile of a minor is with his parent or guardian, and in theory every minor is supposed to have a guardian. But, in fact, many are completely sid juris, independent of parental control or support, and living by their own labor. The homes of such, for the purposes of this section, must be the places where they are employed or stay with- out any immediate intention of departing therefrom. No one can be said to have charge of them, they do not live at the homes of their employers, and are not under their protection as heads of families. They are none the less entitled to school privileges under what our Constitution requires to be a "general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all." The Supreme Court remarks, incidentally, in Johnson ■y. Smith, 64 Ind. 275: "The theory of these statutory provisions is, that each and every child of the proper SCHOOL LAW OF INDIANA* ISS age, Avitliout regard to race or color, within the limits of this State, is entitled of right, and Avithout charge for tuition, to the benefits of such an education as may be obtained in and by our common schools." All persons between the ages of six and twenty-one years are entitled to school privileges, and may be enumerated in the school corporations in which they, in good faith, have their home — understanding home in the general sense, not in the technieal sense of legal domicile. Those Avho are in any way in charge of a resi- dent head of a family should be so enumerated ; those who can not be so assigned may be enumerated as without guardian. In acting under this interpretation Trustees should guard against imposition, by finding out whether the case can be brought under the law of transfer (§§ 142, 143); and, if not, whether the child is dejjendent upon himself for support, or upon the person with whom he lives. In either case he should be admitted to the schools. But children can not legally be maintained and sent to school by parents or guardians in corporations other than those in which they themselves reside, nor can a minor become a resident of a school corporation merely to acquire an education therein. 7. Colored Children. The Township Trustee will not be compelled by the courts to make a separate list of colored children, unless a separate school for them is practicable. — State v. Grubb, 85 Ind. 213. 8. Mandate— Pleadings. In an application for a mandate to enforce the admission of a person to a common school, the complaint should affirmatively show that the applicant is under twenty-one and not under six years of age, and unmarried, or such complaint will be bad on demurrer. — Draper v. Cambridge, 20 Ind. 268. 9. Report, Effect. The report of the Trustee was formerly conclusive on. the County Superintendent. — Young v. State, 138 Ind. 206. [1901, p. 448. Approved and in force March 11, 1901.] 142. Transfer. 1. If any child resident in one school cor- poration of the State may be better accommodated in the schools of another school corporation the parent, guardian or custodian of such child may at any time ask of the School Trustee, Board of School Trustees or Commissioners of the School Corporation in which such child resides, an order of transfer, which, if granted, shall entitle such child to attend the schools of the corporation to which such transfer is made, under the conditions hereinafter prescribed : Provided, It shall also be cause for transfer if the nearest school to any child entitled to school privileges shall be more than one mile from the residence of such child and there be a school in an adjoining corporation within one-half mile,, unless free transportation is provided. 1. Annual Transfer. Formerly transfers had to be made every year; a transfer for one year was not valid for the next year. — 143 Ind. 84. 2. The Eight op Transfer. Formerly persons could be transferred at no- other time than at the time enumeration was taken, and then only when the Trus- tee was satisfied that they could be better accommodated. — Edwards r. Trustee, etc., 143 Ind. 84; but now the transfer may be made at any time. 156 SCHOOL LAW OF INDIANA. 3. Appeal. The right to be transferred is not absolute, depending upon the choice of the citizen, like the right to be attached to any school in his township. It caiTonly be claimed if he "can be better accommodated " by such transfer, and the power of the Trustee to make the transfer depends upon the existence of that condition. Of necessity, then, he must determine whether or not the condition exists, and act upon such determination. But his decision is not final. Section 327 expressly provides for an appeal to the County Superintendent from all de- cisions of the Trustee relative to school matters; and for the purpose of prevent- ing, as far as can be, vexatious litigation, provides that the decision of the County. Superintendent shall be final as to certain matters, among which is enumerated "transfers of persons for school purposes." — Fogle v. Gregg, 26 Ind. 345; Edwards V. Trustee, etc., 143 Ind. 84. 4. To What Corporations. Previous to 1899 persons could only be transfer- red from one Township to an adjoining township ; the word adjoining did not, how- ever, apply to cities and towns. — Edwards v. Trustees, etc., 143 Ind. 84. But now no restriction is placed, in this respect, upon the township to which the transfer may be made. 5. Better Accommodations. The right of transfer for educational purposes, provided by statute, is given onty to persons who can be better accommodated thereby. It is a personal right, and each request for transfer is to be considered and determined upon its merits as a separate case by the school officers ; that is, can the person requesting the transfer, taking all the surroundings and conditions that will exist during the coming school year into consideration, be better accom- modated during such year with school privileges at the schools of the school cor- porations to which he seeks transfer than at the schools of the school corporation in which he resides ? In the'determination of this question many things would be material and per- tinent; the proximity of the schools Jn the township and city to the residence of relator ; the kind and character of the roads to each ; the means of transportation, if any, to each ; the crowded condition of the schools in either of the two school corporations. — Edwards -y. Trustee, etc., 143 Ind. 84. 7. Taxes of Transferred Persons. Persons now transferred are no longer taxed in the township to which they are transferred, unless they have property in that township. For a decision on the old law, see Johns v. State, 130 Ind. 522. 8. To What Taxes Liable. Formerly a transferred person was liable to all taxes levied for school purposes in the corporation to which he was transferred, and at the same rate as resident school patrons. — Johns v. State, 130 Ind. 522. 9. Constitutional. The provisions of the old section authorizing the taxa- tion of the person transferred was constitutional. — Kent v. Town of Kentland, 62 Ind. 291 ; Kobinson v. Schenck, 102 Ind. 307, 315. 10. Must Receive. The person transferred must be received by the school corporation to which the transfer is made. — Edwards v. Trustee, etc., 143 Ind. 84. 11. Bequest Necessary. Unless the person to be transferred requests it, a transfer can not be made. Edwards v. Trustee, etc., 143 Ind. 84. 13. Appeal on Refusal to Make Transfer. Tlie person desiring to be transferred has the right to appeal if his request be denied ; and so has the corpo- ration to which a transfer is made. The appeal must be taken within thirty days after the request is made and refusal given ; or, in case of the school corporation, within thirty days after it is notified of the transfer. On appeal, the decision of the County Superintendent is final. — Edwards v. Trustee, etc., 143 Ind. 84. SCHOOL LAW OF INDIANA. 157 143. Tuition, 2. If such transfer is granted, the School Trustees, or Board of School Trustees, or Commissioners of the school corporation in which such child resides, shall pay out of the special school fund to the School Trustee, Board of School Trustees or Commissioners of the school corporation to which such child is transferred, as tuition for such child, an amount equal to the annual per capita cost of education in the corpora- tion to which said child is transferred ; or such a part of it as the term of enrollment of said child in the schools of the creditor corporation may require : Provided, That the per capita cost in high schools shall be calculated upon the basis of expendi- tures for high school purposes, and the per capita cost in grade schools shall be calculated upon the basis of expenditures for the schools below the high school : Provided, That the rate of tuition per month shall not exceed two dollars in the high school, or one dollar and iifty cents in the grades. In calculat- iug the per capita cost, only expenditures for the current year, not including permanent improvements and additions, shall be counted. 144. Appeal. 3. If an order of transfer be denied, the parent, guardian or custodian of the child shall have the right to appeal the case to the County Superintendent of schools, whose decision shall be final. 145. Payment of tuition — Refusal to make. 4. The in- debtedness for tuition between school corporations arising from the provisions of this act shall be due and payable February 1st and July 30th of every year. If any School Trustee or Board of School Trustees or Commissioners refuse to pay any sums claimed by another corporation as due, the creditor cor- poration shall make written statement of the case to the County Auditor, who shall have power to hear and determine the mat- ter. If he hold that a given sum is due the complaining cor- poration, he shall, in the next semi-annual distribution of school revenues, withhold such sum from the amount otherwise due the debtor corporation : Provided, That unpaid tuition claims arising between corporations of different counties shall be ad- justed by the State Superintendent of Public Instruction, through the apportionment of school revenues. 158 SCHOOL LAW OP INDIANA. 146. Rights not abridged. 5. IsTotliing in this act shall: be construed to abridge the right of Trustees, Boards of Trus- tees or Commissioners of two or more corporations to enter into written agreements to educate the transferred children of their respective corporations for a charge less than that named in Section 2 of this act. 1. Note. Section 6 repeals all laws in conflict with the five preceding sec- tions. [1901, p. 513. Approved and in force March 11, 1901.] 147. Transfer to school corporation of 100,000. 1. When- ever a child shall be transferred for school purposes from one school district or corporation to another, the latter having a population of more than 100,000, according to the last preceding- United States census, in case the parent, guardian or custodian of such child is at the time, prior to August 1st, in any year, a. taxpayer in the district to which the transfer is made, any taition payable b}^ law on account of such transfer by the corporation making it, shall be reduced or credited to the extent of all cur- rent school taxes levied by the corporation to which the transfer- is made and payable by such parent, guardian or custodian. 148. Payment of tuition. 2. If any parent, guardian or custodian of a chikl entitled by law to attend the common schools of one district school or school corporation of this State, desires to have the child transferred for school purposes to another such school district or school corporation of this State, the latter having a population of more than 100,000, according to the last United States census, and he fails, or is unable to procure such transfer to be made, as provided by law, in such case if the child shall nevertheless be accepted as a scholar in the common schools of such district or corporation to which the transfer was desired, any tuition for the child payable by the parent, guardian or custodian to the school corporation where the child shall be so accommodated shall be reduced or credited to the extent of all current school taxes levied by the school corporation so accom- modating the child, and payable by such parent, guardian or- custodian. I SCHOOL LAW OF INDIANA. 159 [1895. p. 127. Approved March 5, 1895. In force June 28, 1895.] 149. Enumeration, where filed — Retaking. 18. Each Township Trustee and the President of the Board of School Trustees of towns and cities shall, on or hefore.the first day of May, annually, report to. and file with the County Superintend- ent of the proper county, a copy of the enumeration for school purposes of his township, town or city, with a list of transfers to such township, town or city, with his affidavit endorsed thereon to the efieet that the same is, to the best of his knowl- edge and belief, full and accurate and taken in accordance with the provisions of the law governing the enumerations. When said County Superintendent, however, on an examination of the enumeration returns of any township, town or city, finds any evidence that the enumeration is excessive in number or in any other way incorrect, he may require the same to be retaken and returned, and if he deem it necessary he may, for this purpose, appoint persons to perform the service, who shall take the same oath, perform the same duties, and receive the same compensa- tion out of the same funds as the person or persons who took the enumeration in the first place, and the school revenue shall be distributed to such school corporation upon the corrected re- turns. (R. S. 1897, § 6177.) [1865, p. 3. Approved and in force March 6, 1865.] 150. Township in two or more counties— Report. 19. "When a congressional township is located in two or more coun- ties, the proper Trustees for each portion thereof in the several counties shall report, at the same time and in like manner as provided in the last preceding section, to the County Superin- tendent of the county in which the congressional township fund of such townshi]j) is held in trust and managed. (R. S. 1881, § 4476; R. S. 1894, § 5962; R. S. 1897, § 6178.) 1. Explanation. This section requires that when a congressional township is located in two or more counties, the proper Trustees for each portion thereof shall make two separate and distinct reports of enumeration. 160 SCHOOL LAW OP INDIANA, CHAPTER X. APPOETIONMENT OF EEVENUE. Sec. 151. To be semi-annually. 152. Reports of County Auditors. 153. When and what County Auditor re- ports. 154. When Congressional township divided. 155. Auditor failing to report. 156. Apportionment among counties. Sec. 157. Printed statement.- 158. Payment to counties. 159. Payment of excess. 160. Unapportioned balances. 161. County Auditor's apportionment. 162. Interest on Sinking Fund. 163. Surplus Dog Tax Fund. [1897, p. 291. Approved and in force March 8, 1897.] 151. To be made semi-annually. 109. There shall be two apportionments of the school revenue for tuition made in each year by the State Superintendent of Public Instruction — one on the fourth Monday in June, and the other on the first day of January, unless the said day of the month should be Sunday, and, if so, on the clay following. (R. S. 1897, § 6179.) 152. Reports of County Auditors. 110. To enable the Superintendent to make said apportionments, and to ascertain the amount of said revenue collected and ready for that pur- pose, the Auditors of the several counties of the State shall, promptly, after making the settlements with the County Treas- urers of the respective counties in May for the amount collected on tax list, and in December for the amount of delinquent tax collected, make report to said Superintendent of the precise amount of school. revenue for tuition collected in their respec- tive counties and ready for apportionment and distribution ; which report shall be verified by the oath or affirmation of the Auditor indorsed thereon. (R. S. 1897, § 6180.) 153. When and what County Auditor reports. 111. The , first of said reports in each year shall not be delayed later than the third Monday in June, and the second not later than the twenty-fifth day of December. Said report shall show — First. The amount of school tax collected since the last re- port, whether upon the current year's tax list or delinquent tax. Second. The amount of interest collected since the last semi- annual report, and the amount, if any, not previously reported, SCiftOOL LAW OF INDIANA. 161 upon loans of common school funds, and on any indebtedness which is due or payable to said funds, arising from the sale of seminary property or otherwise. Third. The amount derived from liquor licenses and un- claimed fees not previously reported. Fourth. The total amount of school revenue thus collected and ready for apportionment. Fifth. The income derived from the congressional township school fund, including the interest on loans of said fund, and on deferred payments for school lands which have been sold, and the rents and profits derived from the leasing or renting of any such lands, or otherwise. Sixth. The amount of said income from the congressional township fund on hand for distribution in parts of the town- ships in the adjacent counties, specifying the amount on hand for each of the several counties. (R. S. 1897, § 6181.) . [1865, p. 3. Approved and in force March 6, 1865.] 154. When congressional township divided. 112. When the congressional township lies partly in one county and partly in another, the Auditor of the county in which the fund of such township is managed shall notify the Auditor of the county in which any portion is situated of the amount due to such por- tion. (R. S. 1881, § 4480 ; R. S. 1894, § 5966 ; R. S. 1987, § 6282.) 156. Auditor failing to report — ^Penalty. 113. On the failure of any County Auditor to make his said semi-annual re- port in time for said apportionments, his county shall be subject to a diminution of one hundred dollars in the next apportion- ment of said revenue by the Superintendent. The sum thus withheld may be collected from said Auditor, in a suit before a Justice of the Peace, prosecuted in the name of the State, by any person living in said county who has children enumerated for school purposes for the current year, who is aggrieved by said diminution. Said suit shall be commenced within two years from the time w^hen said report was due, and not after- ward : Provided, That said Auditor may discharge himself from liability to such suit by a certificate of the postmaster that said report was mailed in due time, together with his own affidavit of that fact. (R. S. 1881, § 4481 ; R. S. 1894, § 5967 ; R. S. 1897, § 6183.) 11 — ScH. Law. 162 SCHOOL LAW OF INDlAiJA. [1895, p. 153. Approved and in force March 7, 1895.J 156. Apportionment among counties. 114. The State Superintendent of Public Instruction shall, on the days fixed by section 109 of this act (151) for his apportionment of said reve- nue in each year, add to the sum total of said revenue in readi- ness in each count}^ for apportionment any amount in the State Treasury ready for apportionment, and after said additi©n the Superintendent shall apportion the whole of said sum to the several counties of the State, according to the last enumeration of children therein, with due reference to the diminutions pro- vided for by sections 41 and 113 of this act (89 and 155). (R. S. 1897, § 6184..) 1. Object of This Section. The equal distribution of the State school rev- enue to the several school corporations of the State, according to the number of school children therein, is a means, and not an end; but the great purpose for which this means may be used is that tuition shall be without charge and equally open to all the children of the State.— State v. McClelland, 138 Ind. 395; Pfau v. ■ State, 148 Ind. 539 ; Starr v. State, 149 Ind. 592. 2. Constitutional. This section is not in conflict with the State Constitu- tion.— State V. McClelland, 138 Ind. 395. 3. Amount to be Returned — How Determined. To determine what part of the unexpended balance must be returned to the County Treasurer, the amount received from the State and the amount received from local sources must be pro- rated.— State V. McClelland, 138 Ind. 395. [1865, p. 3. Approved and in force March 6, 1865.] 157. Printed statement. 115. Said Superintendent shall make out and have printed a statement showing — First. The enumeration of children in each county. Second. The amount of school revenue ready for apportion- ment in each county, and the source from which the same is derived, including said addition from the State indebtedness. Third. The distributive share thereof apportioned to each county. He shall file a copy of said statement with the Auditor of State and Treasurer of State, and he shall forward a copy thereof, by mail, to each of the County Auditors, County Super- intendents and County Treasurers of the State. (R. S. 1881, § 4483; R. S. 1894, § 5969; R. S. 1897, § 6185.) 158. Payment to counties. 116. The Auditor of State shall, at the time of making the semi-annual settlements with SCHOOL LAW OF INDIANA. 163 the several County Treasurers, give tliem each a warrant on the State Treasury for the distributive share of said revenue appor- tioned to their respective counties, the amount of which shall be retained by said treq,surers out of the money or revenue in their hands ; and the balance ascertained to be due to the State, of ordinary State revenue or other revenue, together with said warrant, shall be paid into the State Treasury. The settlement between the respective County Treasurers and the Auditor of State, and the drawing of the warrants for the amounts appor- tioned to their respective . counties ; the ascertainment of the balance payable into the State Treasury, and the payment of said balance, and retention by the County Treasurers of their distributive shares of school revenue, according to said appor- tionment, — shall be concurrent acts, and shall be done and performed in such a manner as to effect a complete semi-annual disbursement, from the State Treasury to the several counties of the State, of all the school revenues then apportioned to them, and as soon as practicable after the apportionment is made. (R. S. 1881, §4484; R. S. 1894, § 5970; R. S. 1897, § 6186.) [1885, S. p. 208. Approved and in force April 13, 18a5.] 159. Payment of excess. 1. The Auditor of State shall, at the time of making the semi-annual settlements with the sev- eral County Treasurers, give them each a warrant on the State Treasury for the State school revenues collected in their respec- tive counties, the amount of which shall be retained by said Treasurers, and when the Superintendent of Public Instruction shall have made his semi-annual apportionments of school rev- enue for tuition to the several counties of the State, the Audi- tor of State shall draw his warrant upon the State Treasury to the respective County Treasurers to which there may be due a greater amount than the State school revenue which has been collected in said counties, and for which a warrant, as hereinbe- fore provided has been issued to them, and said County Treas- urers to whom warrants have been issued at the semi-annual settlements for more than their distributive share of said school revenue shall, upon notice being given them thereof by the A_uditor of State, forthwith pay such excess into the State Treasury. (R. S. 1894, § 5971 ; R. S. 1897, § 6187.) 164 SCHOOL LAW OF INDIANA. [1865, p. 3. Approved and in force March 6, 1865.] 160. Unapportioned balances. 117. It at any time, from any cause whatever, an unapportioned balance of school rev- enue shall appear in the State Treasury, other than that which is nominally therein at the passage of this act, the Superintend- ent of Public Instruction shall add said balance to the sum to be apportioned, and apportion it at the next succeeding appor- tionment after such balance so appears. (E. S. 1881, § 4485 ; R. S. 1894, § 5972 ; R. S. 1897, § 6188.) [1897, p. 291. Approved and in force Marcii 8, 1897.] 161. County Auditor's apportionment. 118. The Audi- tor of each county shall, semi-annually, on the second Monday of July and on the last Monday in January make apportionment of the school revenue, to which his county is entitled, to the several townships and incorporated towns and cities of the county; which apportionment shall be paid to the School Treasurer of each township and incorporated town and city by the County Treasurer. In making the said apportionment and distribution thereof, the Auditor shall ascertain the amount of the Congressional township school revenue belonging to each city, town or township, and shall apportion the other school revenue, so as to equalize the amount of available school revenue for tuition to each city, town and township, as near as may be, according to the enumeration of children therein, and report the amount apportioned to the Superintendent of Public In- struction, verified by affidavit : Provided, however, That in no case shall the income of the Congressional Township School Fund belonging to any Congressional township, or part of such township, be diminished by such apportionment, or diverted or distributed to any other township : Be it also jwovided, That in making the said apportionment and distribution of the State tuition revenues apportioned to the county by the Superin- tendent of Public Instruction, in case any school corporation shall not have expended for tuition purposes in any school year an amount as great as the amount of State tuition revenue ap- portioned and distributed to said corporation by the Auditor for said school year, then it shall be the duty of the Auditor, at the first apportionment, after the annual report of the receipts SCHOOL LAW OF INDIANA. 165 and expenditures of said school corporation shall have been filed with the County Commissioners, to deduct from the whole amount of State tuition revenue apportioned to said school cor- poration an amount equal to the difference between the amount or State tuition revenue apportioned and distributed to said school corporation for use in such school year, and the whole amount shown by such annual report to have been actually ex- pended for tuition purposes, and there shall be paid to the Treasurer of said school corporation the sum remaining after such amount shall have been deducted, and the County Auditor shall include all such deductions in his report to the State Superintendent of Public Instruction as tuition revenue col- lected in his county and ready for distribution at the next ap- portionment : Provided^ That funds arising from the local tuition tax shall not be considered in making the deductions provided for in this section, nor included in the said report to the State Superintendent of Public Instruction. Any neglect or failure of any Auditor to comply with the provisions of this section of this act shall be and constitute a misdemeanor, and upon conviction of any such Auditor of the violation thereof, he shall be fined in any sum not less than the amount of such unexpended balance nor more than double the amount thereof. (R. S. 1897, § 6189.) 1. Method Constitutional. This method of apportionment is according to the command of the Constitution, and, perhaps, it requires the same principle to be applied to the distribution among tlie counties. — Quick v. Whitewater Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636. 2. Teacher's Remedy. When a teacher obtains Judgment against a school corporation, for services as such, and a return of execution thereon nulla bona, he may, by proper suit, obtain application of any school revenue in the county treasury belonging to such corporation to the payment of the judgment. — Trustees of the Town of Milford v. Simpson, 11 Ind. 520. 3. Trustee's Liability. If the Township Trustee receives funds, under this section, which belong to a school town within the township, he may, after demand, be compelled, by mandate, to pay the amount to the town. — Johnson v. Smith, 64 Ind. 275. 4. Eule for Making Apportionment. Auditors will find no trouble in adjusting the apportionment without the labor of giving in detail the specific amount of each township's share of the two funds, if they will ascertain what the whole amount of the school revenues for the county, both common and congres- sional, will give each scholar on a per capita division, and then ascertain whether any township's congressional revenue will yield a larger dividend to its children. If any township thus has a larger per capita than that of the whole county from 166 SCHOOL LAW OF INDIANA. the combined revenues, exclude the children and congressional revenue of that township from the calculation, and distribute to the other corporations on the consolidation basis. An example may be presented, as follows: Congressional Tp. A — 300 Children, $375 Congressional Revenue, $1.25 Per Capita. « B— 200 " 150 " " 75 " " C— 84 " 42 " " 50 « « D— 400 " 100 " " 25 " " E— 250 The last four townships have 934 children, and $292 congressional revenue. The common school revenue of the county amounts to $875.50, which, added to the $292, will make $1,167.50. This will give the last four townships $1.25 per scholar, the same that A receives from her congressional revenue alone, in which case the same result is obtained with or without including A's children and revenue. But if the common school revenue were only $828.80, the last four townships would get only $1,120.80, or $1.20 per scholar. In this case A must receive the whole of her own revenue, which must not he diminished by any process of distribution; and the remaining revenues must be distributed among the other coi'porations. 5. Town Incorporated Within Tovfnship — Custody of School Funds. A distinct portion of a certain township of this State having become an incorpo- rated town, and elected school trustees, under the laws of the State, the Trustee of such township, after the election, but before such School Trustees had qualified, ^demanded and received of the County Treasurer the school funds of the whole township, whereupon such School Trustees, after qualifying, demanded of him the payment to their treasurer of the proportion of such school funds belonging such town, which he refused ; whereupon they filed an affidavit, reciting the fore- going facts, to compel him, by mandate, to pay over such moneys. It was decided that they were entitled to recover. — Johnson v. Smith, 64 Ind. 275. 6. Statute Valid. The above section is constitutional. — State v. Mathews, 150 Ind. 597. 7. A township is not entitled to any of the school fund collected from the tax assessed under the general law so long as the interest on the congressional fund of such township alone amounts to more per capita than was left in the hands of the County Auditor to apportion to other townships. — State v. Mathews, 150 Ind. 597. [1865, S. p. 139. Approved and in force March 21, 1865.] 162. Interest on sinking fund. 1. All interest accrued or accruing on the sinking fund, or any other fund, held by this State for the benefit of the common schools of this State, on and after the first day of January, one thousand eight hun- dred and sixty five, is hereby set apart for distribution as other revenues are distributed, for the support of the common schools of this State. (R. S. 1881, § 4487; R. S. 1894, § 5974; R. S. 1897, § 6190.) [189 p. 178. Approved March 6, 1897; in force April 14, 1897.] 163. Surplus dog tax fund. 13. The Trustee shall register all losses in the order in which tbey are reported : Provided, SCHOOL LAW OF INDIANA. 167 That no person shall receive pay for sheep, horses, cattle, swine or other live stock or fowls killed or maimed by any dog or dogs owned or harbored by himself: Provided, further, That the Dog Fund heretofore collected shall be added to and ap- plied with the fund arising under the provisions of this act. And when it shall so occur on the first Monday of March of any year in any township in the State of Indiana that said fund shall accumulate to an amount exceeding one hundred dollars over and above orders drawn on the same, the- surplus afore- said shall be paid and transferred to the County Treasurer of the county in which such township is located and the fund arising from such surplus from the township of the county shall constitute a County Dog Fund and shall be distributed among the townships of the county in which the orders drawn against the Dog Fund exceed the money on hand. This distribution shall be made on the second Monday in March of each year, and if said County Dog Fund be insuflicient to pay for all the live stock or fowls maimed or killed by dogs of all the town- ships the distribution shall be made in the ratio of the orders drawn against the Dog Fund of the townships and unpaid and unprovided for, which ratio shall be obtained from the report of the Trustees of the townships made to the Auditor of the county which is hereby directed shall be made by each Town- ship Trustee of the county upon the first Monday of March of each year, which report shall show all receipts into the Dog Fund of his township, and all orders drawn against the same in the order in which they were drawn. And when it shall occur again upon the second Monday in March of any year that there is a surplus left of the County Dog Fund after pro- visions have been made for the payment for all the live stock or fowls killed or maimed, of all the townships of the county, such surplus shall be distributed for the schools of the county in the same manner the common school revenue of such county is distributed. (R. S. 1897, § 2910.) 1. Towns and Cities. A town or city within a township is entitled to its proportionate share of the surplus Dog Fund. — Taggart r. State, 142 Ind. 668 (overruling School City of South Bend v. Jaquith, 90 Ind. 495); Maloy v. Madget, 47 Ind. 241. 2. How Apportioned. The County Auditor makes the apportionment ac- cording to the provisions of section 161. 168 SCHOOL LAW OF INDIANA. CHAPTER XI. SCHOOLS IN CITIES AND TOWNS. Sec. 164. Bonds for school buildings. 165. Use of proceeds. 166. Special tax. Skc. 167. Condition for building. 168. Surplus special school revenue. [187:!, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 164. Bonds for school buildings. 1. Any city or incor- poratecl town in this State wliicli shall, by the action of its School Trustees have purchased any ground and building or buildings; or may hereafter purchase any ground and build- ing or buildings; or has commenced, or may hereafter com- mence, the erection of any building or buildings for school pur- poses ; or which shall have, by its School Trustees, contracted any debts for the erection of such building or buildings, or the purchase of such ground and building or buildings; or such Trustee shall not have the necessary means with which to com- plete such building or buildings, or to pay for the purchase of such ground and building or buildings, or pay such debt, may, on the filing by the School Trustees of said city or town of a report, under oath, with the Common Council of such city, or the Board of Trustees of such town, showing the estimated or actual cost of any such ground and building or buildings, or the amount required to complete such building or buildings, or purchase such ground and building or buildings, or the amount of such debt, on the passage of an ordinance authorizing the same by the Common Council of said city or the Board of Trustees of such town, issue the bonds of such city or town to an amount not exceeding in the aggregate fifty thousand dol- lars, in denominations not less than one hundred nor more than one thousand dollars and payable at any place that may be des- ignated in the bonds (the principal in not less than one year nor more than twenty years after the date of such bonds, and the interest annually or semi-annually, as may be therein provided) to provide the means with which to complete such building or buildings, and to pay for the purchase of such ground and SCHOOL LAW OF INDIANA. 169 building or buildings, and to pay such debt. Sucli Common Council or Board of Trustees may, from time to time, negotiate and sell as many of such bonds as may be necessary for such purpose, in any place and for the best price that can be obtained therefor in cash : Provided, That such bonds shall not be sold at a price less than ninety-four cents on the dollar. (R. S. 1881, § 4488; R. S. 1894, § 5975; R. S. 1897, § 6191.) 1. Contract for Ground. Under this section the bonds may be issued al though the Trustee has only contracted for the grounds or buildings. — Williams V. Town of Albion, 58 Ind. 329. 2. Valid. The above section is constitutional. — Clark v. Town of Nobles- ville, 44 Ind. 83 ; Gardner v. Haney, 86 Ind. 17. 3. Location of School Property. As a rule, the school grounds and houses should be located within the school corporation that owns them ; but the bonds of such corporation, negotiated and sold to procure means for the erection and completion of such school houses, are not void merely because they are located without the limits of the corporation. — Gardner v. Haney, 86 Ind. 17. 4. Title to School Property — Control op. As to the title and control of school property three cases arise under the law lyrior to the act of 1893: (1) When the school house is within the limits of the township the title is in the school township, and the Township Trustee controls and may sell. (2) When the school house is situated within territory which is afterward incorporated into a town, then the title vests in the town, and the property is con- trolled by the School Trustees of the town. — Carson v. State, 27 Ind. 465; School Town of Leesburgh v. Plain School Tp., 86 Ind. 582; School Tp. of Allen v. School Town of Macy, 109 Ind. 559. (3) When the school house is located on territory which is taken into a city by addition, then the Township Trustee controls and sells, and credits the special school fund with the amount of the sale. — Heizer v. Y6hn, 37 Ind. 415; Reckert V. City of Peru, 60 Ind. 473. See now, however, on this subject § 253. 5. Petition Not Necessary. A petition of the taxpayers to the Board of Trustees or the Common Council is not necessary to enable the Board to levy a tax to complete school buildings.- — Clark v. Town of Noblesville, 44 Ind. 83. 6. Can Not be Enjoined. When the School Trustees have complied with the law (section 167) by filing with the Town Board or Common'Council a verified report, showing that, as such School Trustees, they have contracted for the pur- chase of real estate on which to erect school buildings, and showing the amount of the debt incurred for such realty, and the estimated cost of such buildings, and asking the issuance of bonds, such Board or Common Council may, by ordinance, authorize the issue and sale of bonds of such city, equal in amount to the cost of such real estate and the estimated cost of such buildings, and such Board or Com- mon Council can not be enjoined from so doing. — Williams v. Town of Albion, 58 Ind. 329. 7. County Seminary. The school city alone can bind itself on an obliga- tion given for the purchase of a school building. — State v, Terre Haute, 87 Ind. 212. 170 SCHOOL LAW OF INDIANA. 8. Bonds for Boonville. An act of 1901, p. 573, concerning the issuance of bonds in towns of a population, according to the census of 1900, not less than 2,840 nor more than 2,850, applies only to Boonville. It is, because of its special char- acter, not inserted in this work. Acts 1901, p. 573. 9. Salem. A similar law relates only to Salem. Acts 1901, p. 346. 10. Portland. A similar law relates only to Portland. Acts 1901, p. 578. 11. Sullivan. A similar law relates only to Sullivan. Acts 1901, p. 575. 165. Use of proceeds. 2. The proceeds of the sales of such bonds shall be paid to the said School Trustees, to enable them to erect or complete such building or buildings and pay such debt. But before payment to them, such School Trustees shall file with the County Auditor a bond, payable to the State of Indiana, in a sum not less than the full amount of the said money so to be paid to them, and with security to be approved by said Auditor, conditioned for the faithful and honest appli- cation of such money to the purpose for which the same was provided; and such Trustees, and their surety or sureties, shall be liable to suit on such bond for any waste, misapplication, or loss of such money in the same manner as now provided for waste or loss of school revenue. (R. S. 1889, § 4489 ; R. S. 1894, §5976; R. S. 1897, §6192.) [1875, p. 29. Approved and in force March 11, 1875.J 166. Special tax. 3. In addition to levying the tax by cities or incorporated towns for general purposes, now author- ized by law, the Common Council of any such cities, and Boards of Trustees of any such incorporated towns as shall avail them- selves of tbe provisions of this act, are hereby authorized and required to levy, annually, a special additional tax, at the same time and in the same manner as other taxes of such city or town are levi,ed, sufiicient to pay the interest and principal of said bonds falling due ; which additional special tax shall be assessed and collected as the taxes for State and county revenue are assessed and collected. The Treasurer of said city or town shall keep accurate account of the revenue arising from said special tax, and shall in his reports, when required by the city or town authorities, show the amount thereof received, the am^mt disbursed, and the amount thereof, if any, remaining delinquent. He shall pay out the same only by the authority of the Common Council of said city or Board of Tustees of SCHOOL LAW OF INDIANA. 171 such town ; and shall permit the same to be applied to no other purpose than the payment of the principal and interest of such bonds ; and oificial bonds of City and Town Treasurers shall be construed to cover and include revenue arising from this source. Persons residing outside of any such city or town, and electing to be transferred to such town or city for educational purposes, or who shall send their children to the school taught in any such building, shall, with their property, be liable to such tax,. as if they resided in sucli city or town, on all property owned by said per'Son in the township where such city or town is located : Provided, always, That nothing in this act shall be construed to prevent the School Trustees of such town or city from admit- ting pupils into such schools from outside such city or town, in their discretion, upon the payment of tuition therefor, and with- out subjecting the property of their parents to such taxation, when such schools are not crowded and their admission shall, in no way, interfere witli the progress of the children within such city or town : Prodded further, That the additional special tax, hereby authorized, shall not, in any one year, exceed fifty cents on any one hundred dollars of taxable property and one dollar on each poll. (R. S. 1881, §4490; R. S. 1894, § 5977; R. S. 1897, § 6193.) 1. Section Constitutional. The provision subjecting to this tax persons residing outside the town or city, who, though not transferred, send to the school in the building for which the bonds were issued, is not unconstitutional. — Kent V. Kentland, 62 Ind. 291. 2. Levy Obligatory. It is the duty of Trustees to levy annually a special additional tax sufficient to pay the interest and principal of bonds issued for school buildings and falling due; and where it appears that they have failed, neg- lected and refused to discharge their statutory duty, a writ of mandate is the proper legal remedy. Gardner v. Haney, 86 Ind. 17. [1879, S. p. 76. Approved and in force March 20, 1879.] 167. Condition before building. 1. Before the School Trustees of any incorporated town or city in this State shall purchase any ground for school purposes, or enter into any con- tract for the building of any school building or buildings, they shall file a statement with the Trustees of such incorporated town, or Common Council of such city, showing the necessity for such purchase of ground, or the erection of such building or buildings, together with an estimate of the cost of such 172 SCHOOL LAW OF INDIANA. ground or building or buildings, and the amount of means necessary to be provided to pay for such ground or building or buildings. And tliey sliall not purchase any ground, or enter into any contract for the building of any school building or buildings, until such action be approved by the Trustees of such incorporated town, or by the Common Council of such city : Provided, however, That there shall be nothing in this act so construed as to aftect any purchase of grounds, or contract made for the erection of any building or buildings for school pur- poses, prior to the taking effect of this act. (R. S. 1881, § 4491 ; R. S. 1894, § 5978; R. S. 1897, § 6195.) [1879, S. p. 95. Approved March 31, 1879, and in force May 31, 1879.] 168. Surplus special school revenue. 1- It shall be the duty of the Board of School Trustees of any city or incorpor- ated town in this State to pay over to the Common Council or Board of School Trustees of such city or town any surplus special school revenue in the hands of such School Trustees, not necessary to meet current expenses; such excess of the revenue aforesaid to be applied for the payment of the interest or principal, or both, of any indebtedness incurred under the provisions of the act of March 8, 1873, authorizing cities and incorporated towns to negotiate and sell bonds to procure means to erect and complete unfinished school buildings, and to pur- chase any ground and building for school purposes, and to pay debts contracted for the erection and purchase of buildings and grounds. (R. S. 1881, § 4492; R. S. 1894, § 5979; R. S. 1897, § 6195.) SCHOOL LAW OP INDIANA. 173 CHAPTER XII. SCHOOL SYSTEM IN LARGE CITIES. (See section 179 and following.) Sec. 169. School system. 170. School districts. 171. Organization — Term — Vacancies. 172. Duties and powers. 173. Tax collectors and payments. Sec. 174. Sessions — Record— No pay. 175. General School Law in force. 176. Temporary loans. 177. Bonds to pay debts. 178. Bonds in cities. [1871, p. 20. Approved and in force March 3, 1871.] 169. School system. 1. In all cities of this State of thirty thousand or more inhabitants, according to the United States census for the year eighteen hundred and seventy, there shall be elected, by the qualified electors of each school district of such city, one School Commissioner, to serve as a member of the Board of School Commissioners of such city. The first regular election for School Commissioners, under this act, shall be held on the second Saturday in June, in the year eighteen hundred and seventy-one, at the places to be fixed on for holding such election in the school districts of such city by the Common Council. All elections for School Commissioners shall be held in the same manner as elections are now held, and shall be gov- erned by the same laws that now govern general and municipal elections. The persons declared elected shall have issued to them, by the City Clerk, certificates of election ; and they shall, within ten days thereafter, take an oath of office, and file the same with the City Clerk. All regular elections for School Commissioners shall, thereafter, be held annually, on the second Saturday in June. (R. S. 1881, § 4457 ; R. S. 1894, § 5936 ; R. S. 1897, § 6157.) 1 . Repealed. The above section and the next six are probably repealed by the act of 1899, beginning with section 179, page 180. 2. Legality. In view of the decision rendered in the case of Campbell v. City of Indianapolis, 155 Ind. 186j same case, 57 N. E. Rep. 920, it may be well doubted if this act of March 3, 1871, is constitutional ; but all bonds issued according to the provisions of this act were rendered valid by the act of 1899 (Acts 1899, p. 434), which follows in Chapter XIII. 170. School districts. 2. It is hereby made the duty of the Common Council of any such city, on or before the first Monday in May, 1871, by ordinance, to district the city into as many school districts as there are wards, and to define the 174 gcaoOL LAW OF INDIANA. boundaries of each district, and such boundaries may be the present ward boundaries, or otherwise, as the Common Council may determine. Such school districts shall, however, be sub- ject to change by the Board of School Commissioners at any time after its organization ; and in case the number of districts is increased, each additional district shall be entitled to elect one School Commissioner for such district at the annual election for School Commissioners. The Common Council shall, at the time such ordinance is adopted creating such districts, order an election to be held in each of such districts for School Commis- sioners thereof, on the second Saturday in June following; and shall direct the City Clerk to give ten days' notice thereof in some daily newspaper of such city. (R. S. 1881, § 4458; R. S. 1894, § 5937 ; R. S. 1897, § 6158.) " 171. Organization — Term — Vacancies. 3. On the first Monday in July following the first election of School Commis- sioners herein provided for, such School Commissioners shall assemble at the ofiice of the Board of School Trustees of such city, and proceed to organize the Board of School Commission- ers of such city, by electing one of their number as a president, one of their number as a treasurer, and one of their number as a secretary ; each of which ofiicers shall serve for one year and until his successor is elected and qualified. The members of such Board of School Commissioners shall then determine, by lot, which three of their number shall hold office for three years, and which three shall hold ofiice for two years ; and, after having so determined, the president of the Board shall issue to the persons so determined certificates entitling them to hold ofiice for the terms respectively allotted; and the remaining members shall receive, from the president of the Board, certifi- cates showing that each is entitled to hold ofiice for one year ; and all persons elected as School Commissioners at the annual elections thereafter shall be entitled to hold ofiice for three years each. All vacancies occurring at any time prior to the annual election shall be filled by a ballot vote of a majority of the members of such Board ; and the persons so elected to fill such vacancies shall serve until the next annual election for School Commissioners. All persons elected at any regular annual elec- tion, or by the Board to fill any vacancy, shall serve until their SCHOOL LAW OF INDIANA. 175 successors are elected and qualified. It is hereby made the duty of the Board of School Trustees in ofiice at the time of the organization of the Board of School Commissioners, to at once turn over to the Board of School Commissioners all books and papers pertaining to their trust, and to place in possession of the Board of School Commissioners all moneys, title papers, and property belonging to the School Trustees of Common Schools of such city ; and such Board of School Trustees shall thereafter cease to perform any and all duties whatever con- nected with the schools of such city. (R. S. 1881, § 4459; R. S. 1894, § 5938 ; R. S. 1897, § 6159.) 172. Duties and powers. 4. Such Board of School Com- missioners is hereby authorized — First. To district the city for the purpose of electing School Commissioners therein, and also to subdivide the city for gen- eral school purposes. Second. To levy all taxes for the support of the schools within such city, including such taxes as may be required for paying teachers, in addition to the taxes now authorized to be levied by the General Assembly of this State by the general laws thereof: Provided, Ko such tax levy, in any one year, shall exceed the sum of twenty -five cents on each one hundred dollars of the taxable property, as assessed for city taxes by the City Assessor, for purchasing grounds, building school houses, and furnishing supplies for such buildings ; or twenty-five cents on each one hundred dollars of such taxable property, for the purpose of paying teachers. Third. To levy a tax, each year, of not exceeding one-fifth of one mill on each dollar of taxable property assessed for city taxes by the City Assessor, for the support of free libraries in connection with the common schools of such city ; and to dis- burse any and all revenue raised by such tax levy in the pur- chase of books, and in the fitting up of suitable rooms for such libraries, and] for salaries to librarians ; also to make and enforce such regulations as they may deem necessary for the taking out from and returning to, and for the proper care of, all books belonging to such libraries, and to prescribe penalties for the violation of such regulations. 176 SCHOOL LAW OF INDIANA. Fourth. To examine, either by a committee of such Board of School Commissioners or by an officer of such Board, selected for that purpose, all teachers applying for positions in the schools of the city ; and to license such as may be qualified — such license to be limited to the city in which the same is granted. Fifth. To purchase grounds, construct school buildings, pur- chase supplies, employ and pay teachers, appoint Superintend- ents, and disburse, through the treasurer of the Board of School Commissioners, moneys for all school and library expenses. Sixth. To require the treasurer of the Board of School Com- missioners to give bond in such sum, and with such surety, as the Board may determine, for the faithful discharge of his duties, and for the safe-keeping and faithful accounting for all moneys that may come into his hands as such treasurer. Seventh. To establish and enforce regulations for the grading of and course of instruction in the schools of the city, and for the government and discipline of such schools. Fighth. To prepare, issue and sell bonds to secure loans, not exceeding in the aggregate the sum of one hundred thousand dollars, in anticipation of the revenue, for building school houses, to bear such rate of interest, not exceeding ten per cent, per annum, and payable at such time, within five years from date, as the Board may determine ; and the money ob- tained as a loan on any such bonds shall be disbursed by order- of such Board, in payment of expenses incurred in building school houses : Provided., That until all the bonds of any one issue shall have been redeemed, such Board shall not be author- ized to make another issue ; nor shall any such bonds be sold at a less rate than ninety-five cents on the dollar. (R. S. 1881, §4460; R. S. 1894, §5939; R. S. 1897, §6160.) 1. Can Not Levy Poll Tax. The Board of School Commissioners has no power to levy a poll tax for the support of the common schools of the city, or for a special fund for the support of such schools. — The Board v. Magner, 84 Ind. 67, 2. Fifth and Eighth Clauses. Under the fifth clause the School Commis- sioners have power to contract for the erection and completion of school houses, and to agree to pay therefor partly in cash and partly on time, and to make and deliver their notes for the deferred payments, which are valid obligations, binding upon their school cities, notwithstanding the fact that there may be at the time outstanding bonds to the amount of $100,000, issued and sold under the eighth clause, to secure loans in anticipation of the revenue, for building school houses, SCHOOL LAW OF INDIANA. 177 and that such money had been disbursed for that purpose. The powers conferred under the fifth clause are limited only by the educational wants of the school corporations under the Board's control, in the exercise of a sound and reasonable discretion. The eighth clause was not intended to be, and is not, a limitation upon the general powers conferred upon the Board by the fifth clause. It confers additional and extraordinary powers not conferred upon school corporations generally, and the proviso therein contained is a limitation only on the Board's exercise of such additional and extraordinary powers. — Fatout v. Board, 102 Ind. 223. 3. Notes. Notes executed by the Board in settlement of just debts fairly contracted for the legitimate purposes of the school corporation, do not come within the meaning of the eighth clause, or of the proviso, and are valid. — Fatout V. Board, 102 Ind. 223. 4. Tax Levy. See Acts 1885, p. 17, Sec. 9. (E. S. 1894, § 3752; K. S. 1897, § 4277.) 5. Mechanic's Lien — Public Policy. A mechanic's lien for work done, or materials furnished, in the erection of a public school house, can not be acquired or enforced. It is against public policy. — Fatout i). Board, 102 Ind. 223, overruling Shattell V. Woodward, 17 Ind. 225. 173. Tax collection and payment. 5. All levies of taxes made by order of the Board of School Commissioners shall be certified by its president and secretary to the City Clerk, who shall cause the same to be placed on the tax duplicate against all property assessed for city taxes; and the City Treasurer shall collect the same as city taxes are collected, and shall, once in each month, pay over all such taxes so collected to the treas- urer of the Board of School Commissioners of such city. All taxes hereafter collected by the County Treasurer for school purposes on levies hereafter made, and all moneys that may be hereafter distributed as a part of the common school fund by county officers, to which the common schools of such city shall be entitled, shall be paid over by the County Treasurer to the treasurer of the Board of School Commissioners ; and all taxes hereafter collected by the City Treasurer on levies heretofore made for school purposes, shall be paid over by such Treasurer, once in each month, to the treasurer of the Board of School Commissioners of such city. (R. S. 1881, § 4461 ; R. S. 1894, § 5943 ; R. S. 1897, § 6161.) 174. Sessions— Record— No pay. 6. The said Board of School Commissioners shall hold its sessions at such times as it may determine, and shall keep a record of all its proceedings. The members of such Board shall serve without any compensa- 12 — ScH. Lav(^. 178 ^ SCHOOL LAW OF INDIANA. tion whatever. (R. S. 1881, §4462; II. S. 1894, §5945; R. S. 1897, § 6162.) 175. General school law in force. 8. All parts of the general school laws of this State, not inconsistent herewith, and which may be applicable to the general system of the common schools in such city, herein provided for, shall be in full force and effect in such city. (R. S. 1881, § 4463 ; R. S. 1894, § 5946 ; R. 8. 1897, § 6163.) 11877, p. 123. Approved and in force March 3, 1877.] 176. Temporary loans. 1. ' The Board of School Commis- sioners of any city embraced within the provisions of sections 4457 to 4463 may, whenever the funds for the support of the common schools in such city throughout the regular school year shall be insufficient or exhausted, make temporary loans for the support of such schools during such time, and until the receipt of the school revenue of the current year; but no more than is sufficient for such purpose, nor the amount of such revenue for the current year, shall be borrowed at any one time, and no fur- ther loan shall be made until such temporary loan shall be paid. (R. S. 1881, § 4464; R. S. 1894, § 5947; R. S. 1897, § 6164.) [1889, p. 101. Approved and in force March 5, 1889.] 177. Bonds to pay debts. 1- Boards of School Commis- sioners in all cities of this State having thirty thousand or more inhabitants, according to the United States census for the year eighteen hundred and seventy, are hereby aathorized to prepare, issue and sell bonds to secure loans not exceeding in the aggre- gate, at any one time, the sum of two hundred and fifty thou- sand dollars, in anticipation of the revenue for purchasing grounds and building school houses, to bear such rate of inter- est, not exceeding six per cent, per annum, and payable at such time within ten years from date as the Board may determine ; and the money obtained as a loan on any such bonds shall be disbursed by the order of said Board in payment of indebtedness incurred in the purchasing of grounds, or building of school houses, or in refunding any bonds or other evidence of indebted- ness issued for such purpose. Such bonds may be issued in such SCHOOL LAW OF INDIANA. 179 denomftnations and in such sums as the Board of School Com- missioners may deem to be expedient : Provided, That at no time shall the amount of such bonds so issued by any such Board of School Commissioners, then outstanding, exceed said sum of two hundred and fifty thousand dollars: And provided further, That such bonds shall not be sold for less than their par value. (R. S. 1894, § 5940; R. S. 1897, § 6165.) 1. Library Tax. For a tax to build and support libraries in large cities, see §§ 285 to 290. [1889. p. 101. Approved and in force March 5, 1879.] 178. Bonds in cities. 1- Boards of School Commissioners in all cities of this State having thirty thousand, or more, in- habitants, according to the United States census for the year eighteen hundred and seventy, are hereby authorized to prepare, issue and sell bonds to secure loans not exceeding in the aggre- gate, at any one time, the sum of two hundred and fifty thou- sand dollars, in anticipation of the revenue, for purchasing grounds and building school houses, to bear such rate of inter- est, not exceeding six per cent, per annum, and payable at such time within ten years from date, as the Board may determine ; and the money obtained as a loan on any such bonds shall be disbursed by the order of said Board in payment of indebted- ness incurred in the purchasing of grounds, or building of school houses, or in refunding any bonds or other evidence of indebted- ness issued for such purpose. Such bonds may be issued in such denominations and in such sums as the Board of School Commissioners may deem to be expedient : Provided, That at no time shall the amount of such bonds so issued by any such Board of School Commissioners, then outstanding, exceed said sum of two hundred and fifty thousand dollars : And, pro- vided further, That such bonds shall not be sold for less than their par valwe. (R. S. 1894, § 5940 ; R. S. 1897, § 6165.) 1. Bonds. As to validity of bonds issued under this and previous sections, see Campbell v. City of Indianapolis, 155 Ind. ; same case, 57 N. E. Kep. 920. 180 SCHOOL LAW OF INDIANA. CHAPTER XIII. SCHOOLS IN CITIES OF 100,000 INHABITANTS. Sec Sue 179. Aot of March 3, 1871, in force. 197. 180. Qualifications of Commissioners. 198. 181. Nomination and election. 199. 182. Terms. 200. 183. Organization of Board. 201. 184. Committees — Salaries — Rules. 202. 185. Legislative act — Directors' approvaL 203. 186. Ofiicers and teachers — Examin ations. 204. 187. Directors— Duties. 205. 188. Superintendent— Text-books - -Libra- 206. rian— Appointments. 207. 189. Discharge of employes. 208. 190. Director's duties — Bond. 209. 191. Auditor of School Board. 210. 192. Warrants. 211. 193. Evidence of indebtedness. 212. 194. Illegal warrant — Liability, 213. 195. 196. Appropriation necessar>^. Auditor's report— Bond— Pay. 214. Accountants. Payments to Treasurer. Contract, appropriations for necessary. Contracts to be in writing— Supplies. Bids for school houses. Funding indebtedness. Tax levy. School law in force. Old School Board. Limit of debt. Purchase of grounds and buildings. Eminent domain, may exercise. Removal of Commissioner. Levy to pay debts. Subsequent censuses. Manual training schools. Teachers and instructors. Tax to support schools. [1899, p. 434. Approved and in force March 4, 1899.J 179. Act of March 3, 1871, in force. 1. The government of comirion schools in cities of one hundred thousand or more inhabitants, according to the last United States census, shall be vested in a Board of School Commissioners, which shall consist of five School Commissioners. The said Board of School Com- missioners shall have and exercise all the powers now conferred by an act of the General Assembly of this State, approved March 3, 1871, entitled " an act providing for a general system of common schools in all cities of thirty thousand or more in- habitants, and for the election of a Board of School Commis- sioners for such cities, and defining their duties and prescribing their powers, and providing for common school libraries within such cities," and all acts amendatory thereof, and supplemental thereto ; and also all powers now conferred by law on Boards of School Commissioners in cities of thirty thousand or more inhabitants, according to the United States census of 1870, as well as the powers now conferred by law on Boards of School Commissioners in cities of one hundred thousand or more in- habitants, except as otherwise herein provided. And said SCHOOL LAW OF INDIANA. 181 Board of School Commissioners provided for by this act shall assume, pay and be liable for all the indebtedness and liabilities of Boards of School Commissioners heretofore elected under the above described acts. 1. Statute Valid. This statute is valid.— Campbell v. City of Indianapolis, 155. Ind. 186; same case, 57 N. E. Kep. 920. 180. aualifications of Commissioners. 2. The members of such Board of School Commissioners shall be at least twenty- five years of age, residents of the city, and shall have been such residents for at least three years immediately preceding their election. They shall be ineligible to any elective or appointive office under such Board of School Commissioners and under the government of such city while holding membership in said Board. They shall not be interested in any contract with or claim against the school city in which they are elected, either directly or indirectly. If at any time after the election of any member of said Board he shall become interested in any such contract with or claim against said school city he shall thereupon be disqualified to continue as a member of said Board, and a vacancy shall thereby be created. Every member of said Board shall, before assuming the duties of his office, take an oath before some one qualified to administer oaths that he possesses all of the qualifications required by this act, that he will honestly and faithfully discharge the duties of his office, that he will not, while serving as a member of such Board, become interested, directly or indirectly, in any contract with or claim against said school city, and that he will not be influenced during his term of office by any consideration of politics or religion or anything except that of merit and fitness in the appointment of officers and the engagement of employes. Ko compensation shall be received by members of the Board, but they shall be exempt from jury duty during their term of office. 181. Nomination and election. 3. The said Board of School Commissioners shall be elected, except as specified in section four of this act, on a general ticket for the term of four years by the voters of such city qualified to vote at its city elec- tions. The members of such Board shall be elected at the regular city election of such civil city, and shall be taken from 182 SCHOOL LAW OF INDIANA. the city at large without reference to districts, and such election shall he held under the provisions of the general laws governing such city elections, so far as they are not inconsistent with the provisions of this act. Not later than thirty days before any election for members of the Board of School Commissioners provided for in this act, householders of said city may present names of candidates for election as members' of said Board of School Commissioners to a Board of Canvassers, consisting of the Mayor, the Treasurer and the Comptroller of said city, in the manner following : Each candidate shall be proposed in writing by not fewer than two hundred householders of said city. IsTo more than one candidate may be named in any one petition and no person may sign more than one petition for any one election. Upon the presentation of such petitions to said Board, of Canvassers, the said Board of Canvassers shall pub- lish for five days the names proposed, in at least two of the daily papers of the city, and shall certify at the time required by law such nominations to the regular Board of Election Com- missioners for said city election, who shall prepare ballots printed on plain paper which shall contain the names of all such candidates, arranged in an order to be determined accord- ing to lot by said Board of Canvassers. There shall be nothing on said ballots, except as otherwise provided herein, and except the names of the candidates and the ofiices to be filled, together with the squares in front of each name and a statement at the head of the ticket of the number of Commissioners for whom the elector may vote. Such ballots shall be voted at said regular city election and deposited in a separate ballot box provided for such purpose. The name of any candidate shall not be thus published and placed on the official ballot by the said Board of Canvassers if it shall appear that he is ineligible for member- ship on the said Board of School Commissioners under the pro- visions of section 2 of this act. Each elector may vote for as many of said candidates as there are members to be elected, by making a cross in the square opposite the name of the candi- date. The candidates, in number equal to the number of mem- bers to be chosen, who have the highest number of votes shall be declared elected. If at any election a member is to be chosen to fill a vacancy and to serve out an unexpired term, candidates may be chosen as above provided, but they shaM in all cases be SCHOOL LAW OF INDIANA. 183 designated on the ballot as candidates to fill a vacancy, and the date of the unexpired term shall be stated. The vacancies in said Board of School Commissioners shall be temporarily filled by the Board as soon as practicable after such vacancy occurs. Such member so chosen shall hold ofiice until his successor be elected and qualified. His successor shall be elected at the next general city election, when the vacancy shall be filled for the remainder of the term. 182. Terms. 4. At the city election occurring on the sec- ond Tuesday of October, 1899, five members of the Board of School Commissioners shall be elected to serve as herein pro- vided. They shall assume ofiice on the first day of January, 1900, and meet at the ofiice of the present Board of School Commissioners of such city at twelve o'clock, noon, and pro- ceed to organize. Within one week after the organization of the said elected Board they shall meet to divide themselves by lot, in such manner as they shall determine, into two classes, as follows : The first class, consisting of three members, shall hold ofiice through the 31st day of December, 1901. The second class, consisting of two members, shall hold ofiice through the 31st day of December, 1903. Thereafter, regular elections of mem- bers of the Board of School Commissioners shall occur at the regular city elections, held on the second Tuesday of October of each alternate year. In the year 1901, and every fourth year thereafter, three members shall be elected. In the year 1903, and every fourth year thereafter, two members shall be elected. [1901, p. 512. Approved and in force March 12, 1901.J 183. Organization of Board. 5. The Board of School Commissioners shall organize, annuall}^ at their first regular meeting in January, by choosing one of their number president, another vice-president, electing a secretary who shall not be one of their number, and who shall receive a salary to be fixed by the School Commissioners which shall not exceed fifteen hundred dollars per year. The Treasurer of the city shall be the treasurer of the Board, and he shall receive a salary to be fixed by the School Commissioners, which shall not exceed fifteen hundred dollars per year. The Treasurer shall make a monthly statement to the Board of the amounts received and 184 SCHOOL LAW OF INDIANA. expended during the month, and the amount on hand to the credit of the Board. He shall give bond to the approval of the Board in such sum as it may be determined and with not fewer than two sureties or a surety company. [1899, p. 434. Approved and in force March 4, 1899.] 184. Committees — Salaries — Rules. 6. All standing committees provided for by the rules of said Board shall be ap- pointed by the president within two weeks after his election. All vacancies of offices, directly or indirectly, under the control of the Board of School Commissioners shall, on their occur- rence, be filled for the unexpired terms in the same manner as is prescribed for the regular appointment or election : Provided, That no such election to be made by direct vote of the Board of School Commissioners shall take place before the regular meeting, next subsequent to that at which such vacancy is re- ported to said Board. Subject to the limitations herein stated, said Board shall have power to fix the salaries of all officers, agents, teachers, or other employes in the employ of said Board. The salaries of all officers appointed for a fixed term shall not be reduced during such term. Such Board shall have full authority to adopt such schedules of salaries as it shall deem proper ; and, for this purpose, to divide principals, teachers and other officers and employes into classes to be determined by responsibility or experience, or both. It shall have power to fix the time of its meetings, except that at least one regular meeting each month shall be provided for ; and to make, amend and repeal rules and by-laws for its procedure and for the gov- ernment and management of the schools and school property under its control. But the rules and by-laws of the Board of School Commissioners superseded by this act, so far as they are not inconsistent with the provisions thereof, shall remain in force and be binding upon the newly organized Board of School Commissioners, until such time as it shall adopt new rules and by-laws to supersede them. 185. Legislative act — Director's approval. 7. Every legislative act of the said Board shall be by written resolution. Every resolution involving an expenditure at money or the approval of a contract for the paynient of money, or for the SCHOOL LAW OF INDIANA. 185 purchase, sale, lease or transfer of property, or levying any tax, shall, before it takes effect, and at least live days before the next regular meeting, be presented, duly certified by the secre- tary to the business director for approval. The director, if he approves such resolution, shall sign it; but if he does not ap- prove it he shall return the same to the Board at its next regu- lar meeting, with his objections, which the Board shall enter in full upon its journal, and if he does not return the same within the time above limited, it shall take eifect in the same manner as if he had signed it : Provided, That the director may approve or disapprove the whole, or any item or part of any such reso- tion. When the director refuses to sign any resolution or part thereof, and returns it to the Commissioners with his objections, the Board shall forthwith proceed to reconsider it ; and if the same is approved by the votes of at least three Commissioners, it shall then take effect as if it had received the signature of the director, and in all such cases the votes shall be taken by yeas and nays, and entered on the records of the Board. 186. Officers and teachers— Examination. 8. The Board shall have power to determine the number of assistant superin- tendents, supervisors, teachers and employes, and prescribe their duties and fix their compensation. The said Board shall provide rules for the management and maintenance of the public library, and appoint an advisory committee to aid in the selec- tion of books for the same, and to advise in all other matters pertaining to the library. The Board shall adopt rules for obtaining, by open competition and without regard to religious or political beliefs, eligible lists from which all teachers and all other employes, except the superintendent, the assistant super- intendent, the principal of the normal school, the supervisors, and the principals of the high schools, shall be elected with regard, exclusively, to fitness. 187. Director — Duties. 9. Immediately after its first or- ganization, the Board shall appoint a business director, who shall serve for a term of one year, but who shall be removable by a vote of four-fifths of the entire Board at any time. The business director shall be the executive ofiftcer of the Board. He shall execute for the Board of School Commissioners, in the 186 SCHOOL LAW OF INDIANA. name of the scliool city, its contracts and obligations ; except tliat bonds issued shall be signed by the president of the Board and attested by the secretary ; he shall see that all contracts made by or with said Board shall be fully and faithfully per- formed ; he shall have the care and custody of all property of the school city real and personal, except moneys; he shall oversee the construction of buildings in process of erection and repairs of the school and library buildings ; shall advertise for bids, and shall purchase all supplies and equipments authorized by the Board ; and generally shall execute and carry into effect all matters and things, authority for which shall have been granted by. the Board, as herein provided. Whenever a busi- ness director who shall have served one year shall be re-elected his re-election shall be for a term of four years, he being remov- able, however, at any time by a vote of four-fifths of the entire Board. Before entering on the duties of the office he shall take an oath similar to the oath herein prescribed for School Commissioners, in so far as it is applicable. 188. Superintendent— Text-books— Librarian— Appoint- ments. 10. The School Commissioners shall, at their second regular meeting in April, 1900, elect a Superintendent of Schools and a Librarian, each of whom shall serve a term of one year from June 30, 1900, and if either be then re-elected it shall be for a term of four years, and if either be therafter re-elected it shall be for a term of four years, and their successors shall be elected first for a term of one year and thereafter for a term of four years. The Superintendent of Schools shall have the sole power to appoint and discharge all assistants, principals, supervisors and teachers authorized by the School Board to be employed, subject to the limitations in this act stated, and shall report to the School Board in writing annually, and oftener if required, as to all matters under his supervision. He may be required by the Board to attend any or all its meetings and may take part in its deliberations, but may not vote. He shall select the text-books, maps, charts and apparatus to be used in the schools of said city, except the high schools, manual training and nor- mal schools, conforming, however, so far as they may apply, to the provisions of the general law of Indiana regarding school books. The text-books, maps, charts and apparatus to be used SCHOOL LAAV OF INDIANA. 187 in the high schools, manual training and normal schools, shall be selected by committees consisting in each instance of the Superintendent of Schools, the principal of high school, manual training or normal school in which the text-book, map, chart or apparatus is to be used and the head of the department con- cerned. The Librarian shall have the power to select and pur- chase for the library all books, maps and other literature with the approval of the library advisory committee, and such Libra- rian shall have the sole power to appoint and discharge all assistants in the library, subject to the limitations in this act stated, and shall report monthly and annually, or oftener if re- quired, as to all matters under the supervision of such office. All other employes of the Board of School Commissioners shall be appointed or employed and discharged by the business direc- tor, subject also to the limitations in this act stated. He shall report to the Board monthly and annually as to all matters under the supervision of such office, shall attend all meetings of the Board and may take part in its deliberations, subject to its rules, but shall not have the right to vote. A majority of the entire Board shall be necessary to elect either the superin- tendent or librarian. If written charges of incompetence or misconduct are preferred to the said Board against any officer, employe or appointee chosen by or for the Board of School Commissioners, a hearing of the same shall be had after reason- able notice, and the School Commissioners may by four-fifths vote of all the members of such Board remove such officer, employe or appointee, in which case he shall not be eligible to re-appointment within two years thereafter. The superin- tendent and the librarian, before entering on their duties, shall take oaths similar to the oath prescribed herein for School Commissioners in so far as it is applicable. 189. Discharge of employes. 11- All appointments or discharges of assistant superintendents, supervisors, teachers or employes which may be made by the superintendent, director or librarian, shall be reported in writing to the Board at its next regular meeting and shall be subject to the disappoval of the Board by four-fifths vote of all its members not later than the next succeeding regular meeting of such Board. The vote must be by yeas and nays and must be spread in full upon the 188 SCHOOL LAW OF INDIANA. record. Whenever the Superintendent of Schools and the prin- cipal or librarian in charge of any building shall, in writing, request of the business director the discharge of any janitor, engineer or any other employe engaged in or about such build- ing, he shall be by such business director dische^rged, subject to the right of disapproval by the Board as above provided and the right of appeal as provided herein. Any person discharged by the superintendent, director or librarian may appeal to the Board at its next regular meeting by statement thereof in writ- ing, and it shall then be the duty of such Board to consider and take a vote upon such dismissal at its next regular meeting. 190. Director's duties — Bond. 12. The business director shall devote his entire time to the duties of his office, and shall re- ceive an annual salary not to exceed three thousand dollars, to be fixed by the Board, payable monthly out of the fund of the school city ; and before entering upon the discharge of the duties of his ofiice he shall give a bond for the faithful perform- ance thereof in the sum of ten thousand dollars, with not fewer than two sureties, of a surety company, to be approved by the Board, which bond shall be deposited with the secretary within ten days from date of election, and preserved by him. 191. Auditor of School Board. 13. The City Comptroller shall be the auditor of the Board of School Commissioners of such school city. He shall keep an accurate account of all taxes levied for school purposes, and of all moneys due to, received and distributed by the Board ; also of all assets and liabilities of, and all appropriations made by the School Board, and shall receive and preserve all vouchers for payments and disbursements made by the Board. 192. Warrants. 14. The auditor of the Board shall issue all warrants for the payment of money from the school funds, but no warrant shall be issued for the payment of any claim until such claim has been allowed by the Board and approved in writing by the business director; but when the Board has authorized the payment of money, notwithstanding his veto, the business director shall approve the same. The pay-roll, SCHOOL LAW OF INDIANA. 189 however, for assistants, principals and supervisors in the school work and teachers, shall be allowed by the Board and approved by the Superintendent of Schools instead of by the director. 193. Evidence of indebtedness. 15. Whenever the audi- tor of said Board shall be called upon to issue any warrant, he shall have power to require evidence that the amount claimed is justly due and is in conformity with the law, and for that purpose he may summon before him any officer, agent or em- ploye of the Board, or any other person, and examine him on oath or affirmation relative thereto, which oath or affirmation he may administer. 194. Illegal warrant — Liability. 16. If the auditor of said Board shall draw a warrant for any claim contrary to law, he and his sureties shall be individually liable for the amount of the same. 195. Appropriation necessary. 17. ISTo money shall be drawn from the treasury except in pursuance of appropriations made by the Board upon an aye and nay vote duly recorded, and whenever an appropriation is made hy the Board the secre- tary shall forthwith give notice thereof to the auditor and treasurer. No appropriation shall be made for a longer period than to the end of the current year ending June 30, and at the end of such year all the unexpended balances of all appropria- tions, except from the tuition fund, shall be covered into the special school fund as an addition thereto. 196. Auditor's report — Bond — Pay. 18. The auditor shall submit to the Commissioners annually, and oftener if required by them, a report of the accounts of the Board, verified by his oath, exhibiting the revenues, receipts, disbursements, assets and liabilities, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed. He shall give bond for the faithful discharge of his duties in the sum of five thousand dollars ($5,000), with not fewer than two sureties, or a surety company, to the approval of the Com- missioners, which bond shall be filed with the secretary. The auditor of the said Board shall receive no compensation for his 190 SCHOOL LAW OF INDIANA. services as auditor, but the Board shall provide for the appoint- ment of such assistants for such auditor as it shall deem neces- sary and fix their compensation, which shall be paid monthly out of the school funds; but such assistants shall be appointed by the auditor. 197. Accountants. 19. At the close of each year ending June 30, the Mayor of such city shall appoint one or more ex- pert accountants, who shall examine the books, accounts. and vouchers of the director, the treasurer and of all other depart- ments of expenditure of said Board and of the librarian pro- vided for herein, and shall make report thereof to the Mayor and to the Board of School Commissioners of said city. All the officers and employes of said Board shall produce and sub- mit to such accountants for examination all books, papers, documents, vouchers and accounts in their offices belonging to the same or thereto pertaining, and shall in every way assist said accountants in their work. In the report to be made by said accountants, they may make any recommendations they deem proper as to the business methods of such officers and employes. A reasonable compensation for such services shall be paid by said Board. 198. Payments to Treasurer. 20. All money payable to the Board, shall be paid to the treasurer and his receipt for the same shall be filed with the auditor of said Board, who shall issue his quietus therefor, which alone shall be sufficient evi- dence of such payment. No person except the treasurer shall collect or receive any moneys payable to the Board and any payments made,-except to such treasurer, and any receipt given therefor by any other person shall be void as against the Board. 199. Contracts, appropriation for necessary. 20. No contract, agreement or obligation shall be binding upon the Board unless an appropriation therefor shall have been first made by it. It shall be unlawful for any Commissioner or officer chosen by the Board of School Commissioners in any manner, directly or indirectly, to profit by or be interested in any contract of said Board, and any person convicted of a vio- lation of this section shall be fined in any sum not less than one hundred nor more than one thousand dollars and expelled from office, SCHOOL LAW 01' INDIANA. 191 200. Contracts to be in writing — Supplies. 22. All con- tracts involving more than two hundred dollars ($200.00) in amount shall be in writing, executed in the name of the school city, by the business director and approved by the Board. When money therefor has been appropriated by the Commis- sioners, the business director may make contracts and pur- chases not exceeding two hundred dollars ($200.00) in amount at any one time, but all such contracts shall be reported at its next regular meeting to the Board, and if disapproved by a four-fifths vote of said Board at its succeeding regular meeting, such director shall be responsible therefor upon his bond. No purchase of supplies or of materials of any kind shall be made from any one person, firm or corporation in any year to the amount in the aggregate of more than two hundred dollars ($200), except upon bids duly advertised for and accepted. The Board shall determine the mode and manner of advertising for bids for supplies. 201. Bids for school house. 23. When the Board deter- mines to build or enlarge a school house, or make any improve- ments or repairs thereon, the cost of which shall exceed five hundred dollars ($500), the business director shall advertise weekly for bids for a period of three weeks, beginning at least twenty-one days before the opening of the bids. The adver- tisement shall be inserted in two newspapers of general circula- tion in the city, and shall be entered in full in the records of the Board. The bids duly sealed shall be presented to the Board at the time fixed in the advertisement for bids, at which time the Board shall meet and none shall be received after that hour, and they shall immediately be opened by the business director, be publicly read by the secretary and be im- mediately thereafter entered in full in the records of the Board, The Board shall provide by general rules the conditions of all bids, but none but the lowest responsible bids shall ever be accepted. The l)usiness director may, at his discretion, reject all bids, and whenever there is an}^ reason to suspect collusion, the bids of all concerned therein shall be rejected. If the amount of the expenditure does not exceed two thousand five hundred dollars ($2,500), two weeks' notice shall be sufficient. 192 SCHOOL LAW OP INDIANA. 202. Funding indebtedness. 24. The Board of School Commissioners of any such city in which an indebtedness exists at the time of the passage of this act of eight hundred thousand dollars ($800,000) or more, is hereby authorized and empowered to fund such indebtedness to the extent of eight hundred thousand dollars, and for that purpose said Board of School Commissioners is hereby authorized and empowered to issue and sell its bonds in such sums and denominations as such Board may deem advisable, to realize moneys with which to pay such existing indebtedness ; such bonds to bear interest at not exceeding the rate of four per cent, per annum, payable semi- annually, to be sold for not less than their par value, and to run for a term of not exceeding thirty years from January 1, 1902. The maturing of such bonds shall be so arranged that there shall mature in each of the ten years, commencing with the year 1902, at least the sum of twenty-five thousand dollars, and in each of the next ten years the sum of thirty thousand dol- lars, and in each of the next ten years the sum of thirty-five thousand dollars of the principal of the debt of the said school corporation, including in such debt not only such bonded in- debtedness, but also any other indebtedness of such school cor- poration which may be in existence when this act is passed. Such bonds may be issued from time to time as the maturity of the present indebtedness may require : Provided, That not more than eight hundred thousand dollars of such bonds in the aggregate shall be issued, or, if the Board of School Commis- sioners shall so determine, such bonds may all be sold at one time with the contract upon the part of the purchasers to fur- nish at stated future times so much of the proceeds thereof as may be desired to take up obligations not then due. ~Eo bonds shall be delivered until the money therefor is paid to the treasurer of the said school corporation, and interest shall not begin to accrue until such delivery. The Board of School Commissioners shall, preparatory to offering such bonds for sale, give notice for not less than four weeks prior to the date fixed for such sale, together with a description of such bonds and such offer, and invite bids therefor; such notice to be given by advertisement twice each week in at least one daily news- paper published in the city of Indianapolis and in one news- SCHOOL LAW OF INDIANA. l93 paper published in the city of ISTew York, and by such other advertisements as the Board may determine upon. Such Board shall sell such bonds to the highest and best bidder : Provided, Said Board shall have the right to reject any and all bids. The proceeds arising from the sale of such bonds shall be used for no other purpose than the payment of such present indebted- ness, and no more bonds shall be_ issued than is necessary for that purpose. 203. Tax levy. 25. The Board of School Commissioners in any such city is hereby authorized and empowered to levy annually, in addition to other taxes authorized by law a spe- cial tax of not exceeding five cents on each one hundred dollars of taxable property in the city, for the purchase of grounds and the erection and repair of school buildings. The proceeds of such tax shall be segregated from other funds of the Board, and a separate account of the same shall be kept, and shall not be used for any other purpose than the purchase of grounds and the erection and repair of school buildings. The said Board is also hereby authorized to levy annually, in addition to all other taxes authorized by law, and as an addition to its special fund, eleven cents on each one hundred dollars of taxable property in said city : Provided, hoivever, That any sum levied in any year by such Board in pursuance of an act entitled " an act concern- ing the education of children," and approved March 8, 1897, shall, to the extent of such sum so levied, reduce the power to levy the said tax of eleven cents above mentioned : And, pro- vided further, That the aggregate sums levied by such Board for all purposes shall not in any one year exceed fifty cents upon each one hundred dollars of taxable property in such city. 204. School law in force. 26. The general school laws of this State and all laws and parts of laws applicable to the gen- eral system of common schools in such, school city and not inconsistent herewith, shall be in full force and eft'ectin such city. 205. Old School Board. 27. The existing Board of School Commissioners in any city coming within this act shall continue in office until January first, 1900, and any such existing Board shall until then exercise all the^powers which it now possesses 13 — ScH. Law. l94 SCHOOL LAW OF InWANA. under the legal limitations now existing, and in addition thereto it shall have power to make the additional levies herein author- ized and to issue bonds as herein provided. When the Board herein provided for shall have been elected and qualified, the possession, control and management of all property, real and personal, including all moneys, books, records, papers and doc- uments, and all rights and claims of every kind and nature then held by the Board of School CjDmmissioners of such city, or by other school authorities, shall vest in and be transferred to the Board of School Commissioners hereby created without other transfer, to the same extent and with as full interest as the same had been theretofore held by the existing Board of School Commissioners or other school authorities ; and all valid indebtedness and obligations of the existing Board of School Commissioners, or of such school city, shall be paid by the respective Boards of School Commissioners hereby created, and said Boards of School Commissioners are hereby authorized to. maintain and defend all suits in the name of the school city for which they may be elected. Limit of debt. 28. The said Board of School Com- missioners shall not have power to create any indebtedness other than the funding obligations herein provided for, in excess of the sum of twenty -five thousand dollars (|25,000) in the aggre- gate, except as in the next section provided and except it shall be liable upon its lawful contracts for the ordinary current expenses of its schools and library to the persons rendering services or furnishing materials Iherefor, when contracts are entered into as herein provided in accordance v/ith the law, but said Board shall not have any power to borrow money to pay such obliga- tions so as to create an indebtedness in excess of said twenty- five thousand dollars (|25,000) to others than to such persons so rendering services or furnishing materials, and any contract or obligation that may be issued in contravention of the provisions of this section shall be void. Obligations to persons rendering services or furnishing materials to said Board of School Com- missioners in the current conduct of such schools and libraries, will not be considered as a part of the twenty -five thousand dollars ($25,000) indebtedness above authorized. SCHOOL LAW OF INDIANA. 195 207. Purchase of grounds and buildings. 29. Said Board of School Commissioners may, notwithstanding the provisions of the above section 28, in the manner authorized hy law, make contracts for the purchase of grounds for school buildings and for the erection of new school buildings, and give its obligations therefor or for the money to pay for the same : Provided, That the amount of such obligations outstanding at any time shall not exceed five cents on the one hundred dollars of all the tax- able property of said city as ascertained by the last preceding assessment, and any such contract or obligation which would cause the aggregate of the outstanding obligations or contracts for such purpose to exceed the limits above specified, shall as to such excess be void. In estimating the amount of such obliga- tions, those obligations Mdiich shall be in force at the time this law shall go into eft'ect, or the funding renewals thereof, shall not be taken into consideration. 208. Eminent domain, may exercise. 30. In case the compensation to be paid for the purchase of any real estate required by said Board for its said school city can not be agreed upon or determined between said Board of School Commis- sioners and the parties interested in the land desired for school sites, then the Board of School Commissioners shall have the power of eminent domain, and it shall be its duty to proceed to have such compensation determined, and acquire title thereto in the manner provided for by sections 4517, 4518 and 4519 of the Revised Statutes of 1881. 209. Removal of Commissioner. 31. Any member of the Board of School Commissioners may be removed upon peti- tion of ten residents of said city to the Superior or Circuit Court of said county in which said city is located, upon proof of either oflicial misconduct in ofiice or negligence of otficial duties, or of conduct in any manner connected with his official duties or otherwise which attaches discredit to such office or the school system, or for mental or physical inabilitj^ to perform his duty as such member, but before such removal he shall receive five days' notice of the filing of such charges, together with a copy thereof. Such hearing shall be had promptly and without the formation of any issues thereon, but said charges shall be regarded as denied, 196 SCHOOL LAW OF INDIANA. 210. Levy to pay debts. 32. It shall be the duty of said Board of School Commissioners at the regular time for making the levy of taxes to make a special levy of an amount sufficient to realize the sum by this act required to be paid upon the prin- cipal of its indebtedness during the ensuing year, and the pro- ceeds of such levy shall be applied to no other purpose than the payment of such indebtedneSvS. This levy shall be made as a part of the levy now authorized b}^ iaw, and this section shall not permit the levy of any additional tax over and above those which said Board would otherwise be authorized to levy. 211. Subsequent censuses. 33. Whenever any city which has not now sufficient population to bring it Avithin the purview of this act shall, according to any United States census here- after taken, have a population of more than one hundred thou- sand people, an election of the Board of School Commissioners shall be held at the next general city election following the year in which such census shall be taken. Such election to be held in accordance with the provisions of this act, and this act shall then in all respects apply to and govern such city from thence- forward. 1. Note. See Campbell v. City of Indianapolis, 155 Ind. 186; same case, 57 N. E. Kep. 920. ri891, p. 348. Approved and in force March 7, 1891.] 212. Manual training schools. 1. In all cities of the State of Indiana having a population of one hundred thousand or over, as shown by any census taken, by lawful authority, it shall be lawful for the Board of School Commissioners, or other school authorities having charge and management of the com- mon schools of said city, to establish in connection with and as part of the system of common schools therein, a system of in- dustrial or manual training and education, wherein shall be taught the practical use of tools and mechanical implements, the elementary principles of mechanical construction and me- chanical drawing. (R. S. 1894, § 5948 ; R. S. 1897, § 6142.) 213. Teachers and instruction. 2. Such Board of School Commissioners, or other school authorities, upon establishing such system of manual or industrial training and education, SCHOOL LAW or INDIANA. 197 shall employ competent instruction in the various subjects to be taught, and establish such general rules and regulations for the admission of pupils and the conduct of the schools wherein the same shall be taught as in their judgment will produce the best results, and give instruction to the largest number of pupils practicable. They may provide for such instruction in separate rooms, or separate buildings, as in their judgment may be most advantageous. (R. S. 1894, § 5949 ; E. S. 1897, § 6143.) 214. Tax to support schools. 3. Any such Board of School Commissioners or other school authorities, having de- cided to establish such system of industrial or manual training, shall have authority, in addition to all other taxes now author- ized to be levied, to levy a tax of not exceeding five cents on each one hundred dollars of property liable for taxation for school purposes, to be levied and collected as other taxes for school purposes are levied and collected, for the purpose of pur- chasing grounds and erecting buildings, or for renting build- ings wherein such instruction shall be given, the purchase of all necessary tools, implements and apparatus^ and for the pay- ment of instructors and other expenses incident to the main- tenance thereof: Provided, That no portion of the taxes so levied and collected shall be applied to any other purpose. (R. S. 1894, § 5950 ; R. S. 1887, § 6144.) CHAPTER XIV. SCHOOLS IN CITIES OF 45,000 TO 55,000. Sec. 215. School corporations. 216. Power of School Board. 217. Buildings— Bonds. Sec. ■ 218. Special tax. 219. Proceeds of bonds. 220. Population. [1901, p. 21, Approved February 20,1901. In force May 1901.] 215. School corporations. 1. All cities of this State having a population exceeding forty-five thousand (45,000) and less than fifty-five thousand (55,000), according to the last preced- ing United States census, have been heretofore and are hereby declared to be and are made school corporations for school j)ur- poses, separate and distinct from the civil corporations of such 198 SCHOOL LAW OF INDIANA. cities, and shall be known and designated as The School City of (naming the city); and the several Boards of School Trustees of such cities shall represent and be vested with all the authority and powers of such school cities, and with the man- agement and control of the common schools thereof. 216. Powers of School Board. 2. The general school laws of this State, and all laws and parts of laws, applicable to the general system of common schools in cities, and not inconsist- ent therewith, shall be in full force in such cities. And such Boards of School Trustees sliall also have and exercise all the powers heretofore or hereafter conferred upon the School Trus- tees of the same or other cities of the State. 217. Buildings — Bonds. 3. Such Board of School Trus- tees in any such city may purchase land and erect thereon a building or buildings for the purposes of a high school and a manual training school. For the pur^^ose of raising the neces- sary funds to purchase such grounds, and for the erection of such buildings, such Board of Trustees may borrow money, and from time to time issue and sell the negotiable bonds of such school city, in such sums and denominations as to said Board may seem advisable, drawing not to exceed four per cent, inter- est per annum, payable semi-annually and running such length of time, not to exceed twenty years, and payable at such place as to said Board may seem best, and the said Board shall have the power to refund said bonds, or any part thereof, and to issue and sell other bonds, in lieu of those taken up and paid, by issuing and selling similar boijds of such city : Prooided, lioivever, That the aggregate amount of such bonds outstanding at any time shall not exceed one hundred and twenty-live thousand dollars ($125,000). Such bonds shall be executed by and in the name of the Board of School Trustees of (naming the city) by the president of the Board, which such Board shall have power to adopt and use, and shall be attested by the treasurer or sec- retary of such Board, and when so executed and issued, they shall constitute an indebtedness of the school city on account of and for the benefit of which they are issued, and such school city issuing the same shall be liable for and shall assume and pay such bonds. SCHOOL LAW OP INDIANA. 199 218. Special tax. 4. Said Boards of School Trustees shall have the power to, and shall levy a special tax sufficient to pay the interest on such bonds, and to create a sinking fund for the payment of the principal thereof, when due: Provided, however, That the total tax levied for the pa^aiient of such interest and sinking fund, and for the construction and repair of school buildings, to provide furniture, school apparatus and fuel, and for the payment of other necessary expenses of the schools of such city (except for tuition, library and compulsory educational purposes), shall not exceed the sum of fifty cents on each hun- dred dollars' worth of taxable property and one dollar on each poll in such cities in any one year. 219. Proceeds of bonds. 5. The proceeds of the sale of such bonds shall bo paid to the treasurer of said Board of School Trustees, to enable such Board to pay for such grounds and erect such building or buildings; but before the issue or sale of such bonds such treasurer shall make and file with the County Auditor a bond, payable to the State of Indiana, in a sum not less than the full amount of such bonds to be issued and sold, and with security, to be approved by said Auditor, conditioned for the faithful and honest application of such money to the'purposes for which the same was provided ; and such treasurer, and such surety and sureties on such bond, shall be liable on a suit on such bond for any waste, misapplication or loss of such money in the same manner and to the same ex- tent as now provided for waste or loss of school revenue. 220. Population. 6. Whenever any city which has not the requisite population to bring it within the provisions of this act shall, according to any United States census hereafter taken, have a population of more than forty-five thousand (45,000), and less than fifty-five thousand (55,000), then this act shall in all respects apply to and govern such city from thence forward. 200 SCHOOL LAW OF INDIANA. CHAPTER XY. SCHOOLS AND SCHOOL HOUSES. Sec. 221. Bible. 222. Uniformity as to time— Numbering. 223. Calendar. 224. Colored children. 225. Indigent children. 226. Appropriations for indigent children. 227. Branches taught. 228. Effect of alcoholic drinks and narcotics. 229. Teachers examined concerning. 230. Failure. to teach effects — Dismissal. 231. Voters' meetings — School directors. 232. Other meetings— Powers. 233. Estimate of expense. 234. Changing site of school house. 235. Notice of petition to change. 236. Misdemeanor. 237. Doors must swing outward. 238. Teachers, employment and dismissal. 239. Teachers' contracts to be in writing. 240. Blanks to be uniform. 241. Teachers' daily wages. 242. Penalty against school officers. 242a. Terms for which teachers may be em- ployed. 243. Special examination. Sec. 244. Director's duties. 245. He has charge of the school house. 246. Visits schools — May exclude pupil. 247. Appeal to teacher. 248. Insulting teacher. 249. Title to school property. 250. Use of school house. 251. Use of school house. 252. School house, when sold. 253. School house in annexed territory. . 254. Pay for school house in annexed terri- tory. 255. Donations and bequests. 256. Majority of voters. 257. Sale of bonds. 258. Donations may be made to school cor- porations. 259. Conditional gift. 260. Income from gifts, how used. 261. Trustee for gift— Powers. 262. Identity of gift not to be lost. 263. Site for schoolhouse—Eminentdomain. 264. Appraisers. 265. Appraisement— Payment. [1865, p. 3. Approved and in force March 6, 1865.] 221. Bible. 107. The Bible shall not be excluded from the public schools of the State. (R. S. 1881, § 4493 ; R. S. 1894, § 5980 ; R. S. 1897, § 6196.) 1. Use of the Bible. The Bible, without note or comment, is installed in the common schools of Indiana. Its continuance as the moral class book in these nurseries of her future citizens will as surely mark the period of her prosperity and grace the zenitli of Jier glory, as its exclusion woiild prove the precursor of her decline, the herald of her shame. 2. Teacheh Independen't. Neither the Examiner nor the Trustee should ever inquire into the peculiar religious belief of a teacher, yet an Examiner should not license an immoral pei'son, nor one who is a scofler at the teachings of the Bible and-things sacred. Our law, therefore, wisely leaves the whole matter of Bible reading and prayers with the good judgment and conscience of the teachers. To obligate them by contract to read the sacred Scriptures and hold prayers in their schools would be in exceedingly bad taste, if not sacrilegious; to refuse them the right, when they, in good faith and conscience, desire to do so, would be the very woi'st of tyranny. 3. Devotional Exercises Can Not Be Enforced. You ask if a rule of the Board requiring "the reading of the Scriptures, with devotional exercises," can be enforced. As officers you should be governed by the Constitution and statutes SCHOOL. LAW OF INDIANA. 201 and not by any personal views you may hold. It is true the statute says: "The Bible shall not be excluded from the public schools of the Stalt '' But the State Constitution also says : (1) "All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences." (K. S. 1881, § 47; E. S. 1894, H7; K. S. 1897, §47.) (2) "No law shall, in any case whatever, control the free exercise and enjoy- ment of religious opinions, or interfere with the rights of conscience." (B. S. 1881, I 48; E. S. 1894, § 48; E.S. 1897, § 48.) (3) "No preference shall be given, by law, to any creed, religious society, or mode of worship; and no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent." (E. S. 1881, §49; E. S. 1894, § 49; B. S. 1897, § 49.) (4) "No religious test shall be required as a qualification for any office of trust or profit." (E. S. 1881, § 50; E. S. 1894, § 50; E. S. 1897, § 50.) In view of thece provisions of the State Constitution, it seems that the only thing the Legislature intended to authorize school authorities to do in section 4493, is to put the Bible in the School and leave the use of it to the good judgment and conscience of the teacher. Under the law you are as a corporate body authorized to make and enforce all reasonable rules (not in conflict with the Constitution or statutes) for the successful conduct of the business entrusted to your care. The statute (section 154 above) clearly does not directly authorize such a rule, and I think it does not authorize it by implication. Such a rule might " interfere with the rights of conscience" either of the teacher, some of the pupils or parents, and it is, therefore, not warranted. Clearly the statute and the Constitution authorize the reading of the Bible, and prayer in the public schools, but it should be done by choice and not by compulsion; and when done it should be done in such a discreet way as not to "interfere with the rights of conscience." Complete religious liberty is what the Constitution guarantees to every one, and this is what should be aimed at by the School Board and the teacher. This thought is aptly expressed in the Constitution of Virginia: "It is the mutual duty of all to practice Christian forbearance, love and charity toward each other." The School Board should practice forbearance, love and charity toward the teacher, the pupils and parents. The opinion of any one, in connection witli the school, of whatever religious faith, should be respected and held inviolate, as the Board would have its own opinions respected. — Depart- ment decision. 222. ITniformity as to time — Numbering. 14. All schools in a township shall be taught an equal length of time, as nearly as the same can be done, without regard to the diversity in the number of pupils at the several schools, or the cost of the school ; and each of said schools shall be numbered, by the proper Trustees, as School ^o. . (R. S. 1881, § 4494; R. S. 1894, § 5981 ; R. S. 1897, § 6197.) 1. - Uniformity. The statute only requires the schools in the townships to be taught an equal length of time, as nearly as the same can be done. — Harmony School Tp. V. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 Ind. 241. 202 SCHOOL LAW OF INDIANA. 223. Calendar. 163. A school term of three months shall be sixty days, a school month twenty days, and a school week five days. (R. S. 1881, § 4495 ; li. S. 1894, § 5982 ; R. S. 1897, § 6198.) [1877, p. 124. Approved and in force March 5, 1877.] 224. Colored children. 3. The Trustee or Trustees of such township, town or city may organize the colored children into separate schools of the township, town or city, having all the rights, privileges and advantages of all other schools of the township, town or city : Provided, That in case there may not be provided separate schools for the colored children, then such colored children shall be allowed to attend the public schools with white children : Provided further, That when any child attending such colored school shall, on examination and certifi- cate of his or her teacher, show to the Trustee or Trustees of any township, town or city, that he or she has made sufficient advancement to be placed in a higher grade than that afi;brded by such colored school, he or she shall be entitled to enter the school provided for white children of a like grade, and no dis- tinction shall therein be made on account of race or color of such colored child. (R. S. 1881, § 4496 ; R. S. 1894, § 5983; R. S. 1897, § 6199.) 1. State's Power — Separate Schools. The system of common schools in this State has its origin in, and is provided for by, the Constitution and laws of the State. It is purelj' a domestic institution, and subject to the exclusive control of the constituted authorities of the State. The Federal Constitution does not provide for any general system of education to be conducted and controlled by the federal government, nor does it vest in the Congress any power to exercise a general or special supervision over the States on the subject of education. The classification of pupils on the basis of race or color, and their education in sepa- rate schools, involve questions of domestic policy which are Avithin the legislative discretion and control, and does not amount to an exclusion of either class; but since the ratification of the fourteenth amendment of the Federal Constitution, no system of schools would be general, uniform and equally open to all, as required by our own Constitution (K. S. 1881, §182; E. S. 1894, §182; E. S. 1897, §182), which did not provide for the education of the colored children. — Corey ■;;. Carter, 48 Tnd. 327; State v. Gray, 93 Ind. 303; see Lewis v. Henle.y, 2 Ind. 332. 2. Compulsion. The Township Trustee will not be requii-ed by mandate to establish separate schools for colored children, unless it is shown to be practicable. —State V. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 3. Separate Schools Permitted. The constitutionality of the law for the establishment of separate schools for colored and white children is settled. The discretion given to school officers to establish separate schools for colored children SCHOOL LAW OP INDIANA. ^03 can not be controlled by the courts, in the absence of malice or corruption, nor can the courts compel the admission of a child to a school already overcrowded, nor consider the competency of teachers, or the necessity of the graded schools, nor determine the grade to which a child is qualified to be admitted. — State v. Gray, 93 Ind. 303. [1881 S., p. 580. Approved and in force April 7, 1881.] 225. Indigent children. 3. It shall be the duty of each matron selected and appointed under the provisions of this act to provide the children committed to her care and custody with suitable and sufficient food and clothing, and to give them proper home training and education ; and, in furtherance of this object, she shall send to the common schools in the districts most convenient to the place where such children are kept, where they shall be received and taught at least three months in each year, all of such children under her care as are of the proper age to be admitted into such schools, and to give per- sonal attention to the instruction of those not of sufficient age to be received into such schools. It shall further be her duty, at all proper times when such children are not in school, nor engaged in study, to engage them in some active labor suited to their age and strength, to the end that they may become use- ful, industrious and self-supporting citizens. (R S. 1881, § 6105 ; R. S. 1894, § 81bl ; R. S. 1897, § 8640.) 1. School Privileges — Enumeration. Such children are entitled to school privileges in the corporation in which the statute establishes their home, and should be enumerated accordingly. 2. Note. See section 839. [1885, p. 125. Approved April 2, 1885, and in force July is', 1885.] 226. Appropriations for indigent children. 1. The Boards of Commissioners in the several counties of this State are hereby authorized to make suitable appropriations for the education, in the common school branches of learning, of the pauper children of their respective counties whenever, in the judgment of the Board of Commissioners, justice to the school district or dis- tricts wherein such pauper children are kept demands such assistance; and all expenditures authorized by this act, shall be made and paid out of the County Treasury, on warrants drawn by the Auditor on the order of the Board of Commissioners : Provided, That where there is no provision for a matron, or an insufficient number of children to require the services of a ma- tron, or the establishment of a separate school for the inmates ^04 SCHOOL LAW OF liSTDIANA. of such asylums, it shall be the duty of the Board of Commis- sioners to require the Superintendent of such asylum to send such children to the township schools. (R. S. 1894, §6033; R. S. 1897, § 6315.) [1869, S., p. 40. Approved May 5, 1869, and in force August 16, 1869.1 227. Branches taught. 147. The common schools of the State shall he taught in the English language ; and the Trustee shall provide to have taught in them orthography, reading, writing, arithmetic, geography, English grammar, physiology, history of the United States, and good behavior, and such other branches of learning and other languages as the advancement of the pupils may require and the Trustees from time to time direct. And whenever the parents or guardians of twenty-five or more children in attendance at any school of a township, town or city shall so demand, it shall be the duty of the School Trustee or Trustees of said township, town or city to procure efiicient teachers and introduce the German language, as a branch of study, in such schools ; and the tuition in said schools shall be without charge: Provided, Such demand is made be- fore the teacher for said district is employed. (E,. S. 1881, § 4497 ; R. S. 1894, § 5984 ; B. S. 1897, § 6200.) 1. Trustee's Duty — Mandate. In the Circuit Court of Johnson County the plaintiff asked for a writ of mandate to compel the defendants to have their children taught algebra and Latin in an ordinary district school. The court issued the mandate in regard to algebra, and refused it in regard.to Latin, solely on the gi'ound that'the plaintiffs had not made a suitable demand on the Trustee in regard to that study, holding that it was his duty to cause Latin to be taught, if the attainments of the pupils required it, and that he could be compelled to do so by suitable proceedings. The court argued that sections 4497 and 4499 were not inconsistent with each other. The intent of the Legislature was that "other branches of learning and other languages " should be taught in the public schools whenever the pupils therein were sufficiently advanced in the elementary branches, and in order that the legislative intent might be made effective two modes of act- ing were provided for: (1) The voters were empowered to act. But, lest from any cause they failed in their duty and left those entitled to the benefits of the public schools without a remedy, then (2) the School Trustee shall act, and, they being public officers, could be compelled by the courts to perform their duty in case they neglected to do the same. — Grubbs v. Williams, Johnson Co., 1880. 2. Additional Studies. It has been asked whether it is the duty of School Trustees to provide a course of study adapted to the preparation of pupils for col- lege. The question should be answered in the affirmative. It is fair to assume that the Trustees must provide suitable instruction for all the children wno have SCHOOL LAW OF INDIANA. 205 a right to attend school ; that is, they must afford them such instruction as their attainments demand. If a child has mastered all the primary branches, and being less than twenty-one years of age, still desires to attend schools, the Trustees must provide suitable instruction for him. It is not reasonable to expect him to spend further time on branches which he has mastered. The fact that the law permits children to attend school until they are twenty-one years of age is presumptive proof that the Trustees may be required to furnish such instruction as is suitable to their attainments till they reach that age. I think the argument here adduced equally applicable to Trustees in cities as to those in townships, as the language of the statute applies to both alike. 3. Music. The trustees may require all pupils to study music, to provide themselves with a certain kind of music books, and may prohibit the attendance of any pupil that refuses to comply with such requirement. — State v. Webber, 108 Ind. 31. 4. License fob Teachers of Special, Subjects. When a teacher is em- ployed to teach special subjects, he should be examined only on the subjects he is required to teach. 5. Statute Constkukd. The words " any school" means any place where a public school is taught, with its complement of teachers and scholars. — City of Indianapolis v. State ex rel. Sander, 129 Ind. 14. 6. German Must be Taught When Demand is Made. Where the requisite demand is made for the teaching of German in a certain school of the city, the requirement of the statute is not met by providing that the language shall be taught in another school of the city when the pupils have reached a certain grade ; but it must be taught in the particular school where the demand is made. And the Board can not set up a lack of funds as an excuse for their refusal to intro- duce the study of German, where it appears that studies not named in the statute as required studies are taught at an expense greater than would be necessary for the teaching of German. — Board of School Commissioners of the City of Indian- apolis V. State ex rel. Sander, 129 Ind. 14. [ 1895, p. 375. Approved March 14, 1895. In force June 28, 1895.1 228. Effect of alcoholic drinks and narcotics. 1. The nature of alcoholic drinks and narcotics and their eiFects on the human system in connection with the subjects of physiology and hygiene, shall be included in the branches to be regularly taught in the common schools of the State and in all educa- tional institutions supported wholly or in part by money re- ceived from the State ; and it shall be the duty of the Boards of Education and boards of such educational institutions, the township trustees, the Board of School Trustees of the several cities and towns in this State to make provisions for such in- struction in the schools and institutions under their jurisdiction, and to adopt such methods ^s shall adapt the same to the capacity of the pupils in the various grades therein ; but it shall 206 SCBOOL LAW OF XNDIAlSfA. be deemed a sufficient compliance with the requirements of this section if provision be made for such instruction orally only, and without the use of text-books by the pupils. (R. S. 1897, § 6201.) 229. Teachers examined concerning. 2. ^t^o certificate shall be granted to any person (on) or after the first day of July, 1895, to teach in the common school or in any educational institution supported as aforesaid who does not 'pass a satisfac- tory examination as to the nature of alcoholic drinks and nar- cotics and their efiects upon the human system. (R. S. 1897, § 6118.) Failure to teach effects — Dismissal. 3. Any Super- intendent or Principal of, or teacher in any common school or educational institution supported as aforesaid who willfully re- fuses pr neglects to give the instruction required by this act shall be dismissed from his or her employment. (R. S. 1897, § 6202.) [1865, p. 3. Approved and in force March 6, 1865.] 231. Voters' meeting — School Director. 25. The voters shall meet, annually, on the first Saturday in October, and elect one of their number Director of such school ; who shall, before entering upon duty, take an oath faithfully to discharge the same. The Director so elected shall, within ten days after said election, notify the Trustee of his election ; and, in case of fail- ure to elect, the Trustee shall forthwith appoint a Director of said school. But any Director so appointed may be removed, upon a petition of three-fourths of the persons attached to said school who are entitled- to vote at school meetings. (R. S. 1881, § 4498 ; R. S. 1894, § 5985 ; R. S. 1897, § 6203.) 1. Voters at School Meetings. Voters at the school meetings of a district are all taxpayers, male and female, except married women and minors, who have been listed as parents, guardians or heads of families, and attached to such dis- trict. Taxpayers are those persons who are liable to pay taxes, either poll or upon property. Any voter at the school meeting, a woman if unmarried, is eligible to the office of Director. Transferred persons are voters in the district to which they are attached. Persons who have moved into the district since the enumeration are voters. 2. Officers— Elected and Appointed. It is only elected officers that hold until their successors are elected and qualified. An appointee to fill a vacancy can only serve out the unexpired term. SCHOOL LAW OF INDIANA. 207 3. Listed AND Attached. To be "listed as parents, guardians or heads of families" means that the Trustee in taking the enumeration listed them, that is, put them on the enumeration list or report, and " attached," that is, assigned them to a certain district for school purposes. j 4. This section has no application to incorporated towns and cities. — City of Crawfordsville v. Hays, 42 Ind. 200. \ ' [1873, p. 68. Approved and in force March 8, 1873.] 232. Other meetings — Powers. 26. The voters at school meetings may hold other school meetings at any time upon the call of the Director or any live voters. Five clays' notice shall be given of such meeting, by posting notices in five public places in the vicinity ; but no meeting shall be illegal for want of such notice, in the absence of fraud ; and the legality of such pro- ceedings, if called in question, shall be determined by the Trustee of the township, subject to an appeal to the County Superin- tendent, whose decision shall be final. Such school meetings shall have power to determine what branches, in addition to those mentioned in section thirty-four of this act [§74], they desire shall be taught in such school, and the time at which such school shall be taught : Provided, however, That the tuition revenue apportioned to the school shall be expended within the school year for which it was apportioned : Provided, further, That such school year shall begin on the first Monday of July. Such school meetings shall likewise have the power to fill vacancies that may occur in the ofiice of Director ; to direct such repairs as they may deem necessary in their school house ; to petition the Township Trustee for the removal of their school house to a more convenient location, for the erection of a new one, or the sale of an old one and the lands belonging thereto, and upon any other subject connected therewith ; and at such meetings all taxpayers of the district shall be entitled to vote, except married women and minors : Provided, That nothing herein contained shall prevent the Trustee from exercising a sound discretion as to the propriety or expediency of making such repairs, removing or erecting school houses, and the cost thereof. (R. S. 1881, § 4499 ; R. S. 1894, § 5986 ; R. S. 1897, § 6204.) 1. School Meetings in Cities. The machinery of school meetings and School Directors is unprovided for and unknown in cities and towns. — City of Crawfordsville v. Hays, 42 Ind. 200. 208 SCHOOL LAW OF INDIANA. 2. Appeal, to County Superintendent — Location of School House. An appeal lies in the matter of locating a school house from the decision of the Town- ship Trustee to the County Superintendent, and the decision of the Superintend- ent is final, although not entered in the Superintendent's record until after it is made. On such an appeal the Superintendent may affirm or revoke the decision of the Trustee to build or not build at a certain place ; but he can not direct that the school house be built in an entirely different place. — Knight v. Woods, 129 Ind. 101. 3. Ownership of Land. A Township Trustee can not, by mandate, be required to locate and build a school house on land that does not belong to the township, notwithstanding the County Superintendent, on an appeal from his decision, has rendered a judgment requiring him to erect a school house on said land. It is not enough that a petition by certain inhabitants of the proper school district to the Trustee, praying for such location and building, states that the land will be deeded to the township on the acceptance of the location by the Trustee and his order to build. — Koontz v. State, 44 Ind. 323. 4. Appeal — Eeversal — Location — Private Buildings. On appeal, a County Superintendent reversed the decision of the Trustee, locating a school house. Again, on appeal, he reversed another decision by such Trustee, refusing to locate the school house at a place designated by the Superintendent in his first reversal. Thereupon the Trustee located the house at an entirely different place, but near (150 yards from) where he had first located it. The court decided that he could not be prohibited from locating the school house at the place last chosen, and that the' County Superintendent can not make the location, and that his decision on appeal is final only for the time. — State v. Mewhinney, 67 Ind. 397. (This case overrules Trager v. State, 21 Ind. 317, and State v. Custer, 11 Ind. 210, on this point.) 5. Private Schools. The facts in this case were that the legal voters and patrons of school district No. 16 held a meeting, and by resolution requested the Township Trustee to fit up an additional school room and procure a teacher for said room. The Trustee declined to comply, and an appeal was taken to the County Superintendent, who reversed the Trustee's decision. This action was-by mandate to compel the Trustee to comply with the request. The Trustee answered that the land whereon the said school had been conducted did not belong to the township, but was individual property, which had not been leased or otherwise secured by the township; that said district never had a school building; that other schools had been established, and an arrangement made to accommodate the children of No. 16, which had been abolished. The complaint, it was decided, stated no cause of action. The statutes permitting the voters to hold school meet- ings and direct the repairs, etc., of the school buildings has only reference to public schools. The statute has no reference to private schools, nor to jDrivate buildings of any kind not leased to the township for school purposes. Where the voters direct repairs to be made elsewhere than the public school building, the Trustee has no right to obey, and the decision of the County Superintendent otherwise is a nullity. The Trustee had authority to abolish No. 16 and provide other educational facilities for the children thereof. State v. Sherman, 90 Ind. 123; Tufts V. State, 119 Ind. 232. 6. Decision of County Superintendent Final. The decision of the County Superintendent is final as to the location selected by the Trustee. — Knight V. Woods, 129 Ind. 101. See note 2. SCHOOL LAW OF INDIANA. 209 7. Notice is Jurisdictional. Until the notices provided for have all been given and posted as required, giving the time, place and purpose of the meeting, the meeting will be illegal. 8. Plurality Will Control. In this country it is generally understood that, in the absence of any statutory provision expressly requiring more, a plurality of the votes cast will elect. 9. Discretion of Trustee. The question as to where a township school house shall be located, is left to the discretion of the School Trustee. — Braden v. McNutt, 114 Ind. 214. 10. Kemoval — Statute Repealed. So much of the above statute as relates to the relocating or removal of a school house has been repealed by sections 233, 234 and 235. [1865, p. 3. Approved and in force Marcli 6, 1865.] 233. Estimates of expenses. 27. When such meetings shall petition the Trustee in regard to repairs, removal or erection of a school house, they shall also furnish to such Trustee an estimate of the probable cost of such repairs, removal or erec- tion. (R. S. 1881, § 4500 ; R. S. 1894, § 5987 ; R. S. 1897, § 6205.) 1. Petition of Patrons. A petition for the location, etc., of a school house may be signed and presented to the Trustee, and an appeal taken therefrom, although such petition did not originate, nor was it signed, at a school meeting. — Trager v. State, 21 Ind. 317. 2. Subscription — Liability. Where citizens of a school township petition for the location of a school district and the erection of a school house therein, designating the size of the house, location, etc., and subscribing sums of money to aid in its construction, to be paid when the walls are erected to the square, and the subscription is accepted by the Trustee, before the amounts subscribed can be recovered, the school township must substantially comply with the terms of the subscription. — Suit v. Wai-ren School Township, 8 Ind. App. 655. 3. Injury to Pupil by Reason of Defect in School House. Neither a school city, town nor township is liable to a pupil (or any other person) for an injury occasioned by a defect in a school house, although such defect could have been repaired and the injury prevented. — Freel v. School City of Crawfordsville, 142 Ind. 27. [1893, p. 17. Approved February 7, and in force May 18, 1893.] 234. Changing site of school house. 1. Whenever it becomes necessary for the Trustee of any township in this State to change and re-establish the site of any school building and remove said building to a new site and location therefor, such Trustee shall first present to the County Superintendent of Schools of the county in which such township is situated, a petition setting forth therein the place and particular point to where it is desired to change and relocate the site of any such building, and to remove the same thereto, together with a brief 14 — ScH. Law. 210 SCHOOL LAW OF INDIANA. statement of the purposes and reasons for such proposed change of location of said school building, and upon such petition shall first procure an order from such County Superintendent, author- izing him to change the site and location of such school build- ing, and remove said building to its new site and location : Provided, That said petition shall be signed by said Trustee and the majority of the patrons of the school where said building is located, and satisfactory proof shall be made to said County Superintendent that the persons signing said petition constitute a majority of the patrons of said school. (R. S. 1894, § 5920 a; R. S. 1897, § 6219.) 1. Discontinuing. This and the next section have no reference to the dis- continuance of a school in a certain district on account of the small attendance of pupils. — Davis v. Mendenhall, 150 Ind. 205. If a Trustee, acting in good faith, discontinue a school when the attendance is less than twelve, his decision will not be reviewed by the county, and he can not be compelled to reinstate it. Tufts V. State, 119 Ind. 232; State y. Sherman, 90 Ind. 123. 2. DiscKETiON OF Tkustee. The Trustee no longer has any discretion in the removal and relocation of a school. Kessler ■;;. State, 146 Ind. 221. 3. New School-House in New Location. The above section also applies to the building of a new school-house in a new location. Kessler v. State, 146 Ind. 221. 4. Redistricting Township. The above section does not prevent the Town- ship Trustee redistricting his township for school purposes, nor abolishing school districts, when no new school-houses are built, or the sites of those already exist- ing in districts not abolished, are not changed. State v. "Wilson, 149 Ind. 253. 5. Majority Must Sign. A majority of the patrons must sign the petition, or the action of the County Superintendent will be void. Carnahan v. State, 155 Ind. ; same case, 57 N. E. Rep. 717. 6. Petitioner Signing Protest Against Change. If a petitioner for a change signs a protest against such change, he thereby withdraws his name from the petition. Carnahan v. State, 155 Ind. 156; same case, 57 N. E. Rep. 717. 235. Notice of petition to change. 2. Before such County Superintendent shall grant such order such Trustee shall make and file with said Superintendent his afiidavit that he has caused notice to be given of such petition, the purposes thereof, the place of the change of location of such school building, and the time when the same will be presented to the said County Superintendent by posting notices in not less than five public places in his township, three of which shall be in the immediate neighborhood from where such school building is to be removed, at least twenty days prior to the time when the same is to be heard by said County Superintendent. (R. S. 1894, § 5920b; R. S. 1897, § 6220.) SCHOOL LAW OF INDIANA. 211 236. Misdemeanors. 3. The Trustee of any township in this State violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than fifty nor more than five hundred dol- lars. (R. S. 1894, § 5920c; R. S. 1897, § 6221.) L1891, p. ni. Approved and in force March 5, 1891.] 237. Doors must swing outward. 243. Whoever, being the owner, manager, lessee, trustee, or person having the charge of any theater, opera-house, museum, college, seminary, church, school-house, or other public building, refuses or neglects to cause all the doors thereof, constructed for the purpose of in- gress and egress, whether inner or outer doors, to be so hung that the same shall swing outwardly, shall be fined in any sum not exceeding one thousand dollars nor less than ten dollars, to which may be added imprisonment in the county jail for any period not exceeding six months : Provided, That this section shall not apply to the outer doors of one-story churches and school houses. (R. S. 1894, § 2276; R. S. 1897, § 2312.) 1. Fire Escapes. An act of 1899 now provides "that every building now or hereafter used, in whole or part, as * * a school house * * shall be pro- vided with proper ways of egress or means of escape from fire, sufficient for the use of all persons accommodated [or] assembled, and such ways of egress and means of escape shall be kept free from obstruction, in good repair and ready for use at all times, and all rooms above the second story in such buildings shall be provided with more than one way of egress or escape from fire, placed as near as practicable at opposite ends of the room, and leading to fire escapes on the outside of such building or to stairways on the inside provided with proper railings. All external doors subject to the provisions of this section shall open outward, and all windows open outward or upward. No portable seats shall be allowed in the aisles or passageways of such buildings during any entertainment or service held therein." Buildings three stories in height must have fire escapes on the outside. —Acts 1899, p. 473. [1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 238. Teachers, employment and dismissal. 28. Trus- tees shall employ no person to teach in any of the common schools of the State of Indiana, unless such person shall have a license to teach, issued from the proper State or county author- ity, and in full force at the date of the employment. Any teacher who shall commence teaching any such school without a license, shall forfeit all claim to compensation out of the school revenue for tuition for the time he or she teaches without such 212 SCHOOL LAW OF INDIANA. license ; but if a teacher's license shall expire by its own limita- tion within a term of employment, such teacher may complete such term of employment within the then current year. The said Trustee shall not employ any teacher whom a majority of those entitled to vote at school meetings have decided at any regular school meeting, they do not wish employed ; and at any time after the commencement of any school, if a majority of such voters petition such Trustee that they wish the teacher thereof dismissed, such Trustee shall dismiss such teacher, but only upon due notice, and upon good cause shown ; but such teacher shall be entitled to pay for services rendered. (R. S. 1894, § 5988; R. S. 1897, § 6206.) 1. LiCE^^SE Essential. A valid contract for the teaching of a public school can not be made by a Trustee with one who, at the time, has no license to teach in the county, and the subsequent procurement of a license does not validate the contract. — Butler v. Haines, 79 Ind. 675. And a person can neither recover com- pensation for services rendered as teacher, nor damages for breach of contract for such services, unless he was licensed to teach as prescribed by the statutes. — Jackson School Township v. Farlow, 75 Ind. 118. See also Harrison Township v. Conrad, 26 Ind. 337, and Putnam v. School Town of Irvington, 69 Ind. 80. In a suit against the school corporation for services rendered or to be rendered, it must be stated in the complaint that the teacher had a license to teach when he rendered the services or entered into the contract. — Bedford, etc., Co. v. McDonald, 12 Ind. App. 621. 2. Teachers' Contracts. A contract to teach school, which is left blank in respect to the terms of employment, and contains no stipulation as to how the blanks shall thereafter be filled is not binding; but if treated as a contract of em- ployment for an indefinite time the damages for its breach would be nominal only. — Atkins t>. Van Buren School Township, 77 Ind. 447; Marion School Town- ship V. Carpenter, 12 Ind. App. 191. The fact that a Trustee has no funds is no defense to a teacher's claim for compensation, nor an excuse for refusing to allow him to complete his term of employment. — Harmony School Township v. Moore, 80 Ind. 276. The court, after a failure to make the money on execution, may order the judgment in favor of the teacher to be paid out of the school funds of the town- ship in the county treasury. — Town of Milford v. Simpson, 11 Ind. 520. A teacher of a common school is entitled to compensation, if failure to actu- ally conduct the school each day of the term was caused by the act or omission of the school authorities ; and where the evidence shows that a strict performance by the teacher of the conditions of the contract has been prevented or waived by such act or omission, a recovery can not be defeated by such failure. — Charles- town School Township v. Hay, 74 Ind. 127. To recover for his services, the teacher must sue the school township, and not the civil township. — Harrison Township v. McGregor, 67 Ind. 380. If the con- SCHOOL LAW OP INDIANA. 213 tract be with the "Township Trustee," the contract may be reformed by alleging and proving that it was with the school township, and when so reformed it may be enforced.— Sparta School Tp. v. Mendell, 138 Ind. 188. If the number of days to be taught be left blank, the actual number agreed upon may be shown by oral evidence, in a suit on the contract for a breach of its terms. — Marion School Tp. v. Carpenter, 12 Ind. App. 191. 3. Signing Contract. Where a School Board in session passed, and en- tered of record, an order employing a teachei-, this was a valid employment, and the subsequent signing by the Trustees at different times can not affect it. — School Town of Milford v. Zeigler, 1 App. 138. . 4. Protest Against Teacher. A protest against a teacher, to be binding, must be made at a school meeting regularly called and conducted according to law before the employment of the teacher, and by a majority of all the persons entitled to a vote at such meeting, not merely a majority of those present. The persons entitled to vote at the school meeting of a district are all tax payers, male and female, except married women and minors, who have been listed by Trustees as parents, guardians, or heads of families, and attached to such district. (§ 231 n. 1.) The patrons are by law entitled to protest against the employment of any teacher. It is the Trustee's duty to allow them an opportunity to make their^ protest in the manner provided by law, and, if he is notified that a school meeting will be called for that purpose, any contract he may make with a teacher will be subject to the action of such meeting. Patrons are not empowered to select teach- ers (§108, n. 2), and they can not effect a selection indirectly by protesting against all the world except a certain person. The protest must name definitely the per- son or persons againstwhom.it is directed. 5. Dismissal of Teachers. A teacher employed for a definite time may be discharged for incompetency ; but if he is competent, and is, in all things, fulfill- ing his contract, he can not be, without his consent. — School City of Crawfordsville V. Hays, 42 Ind. 200. But when the teacher is improperly discharged, the school corporation, not the Trustees personally, is liable. — Morrisons. McFarland, 51 Ind. 206 ; Butler v. Haines, 79 Ind. 675. If a teacher be employed to teach a particular school, and he is not permitted to do so, it is no defense in a suit for a breach of con- tract, that he was offered another school in the same township, unless it be shown that the conditions and number of children at the latter were such that it would cer- tainly not be discontinued before the other. — Sparta School Tp. v. Mendell, 138 Ind. 188. This in the language of the Supreme Court, and, although made with refer- ence to a city, is an enunciation of the common law principal, and is, I think, ap- plicable to the case of dismissal of a teacher by a Township Trustee, without a petition from the patrons. If the teacher breaks the contract, it seems to me that the Trustee should not be bound by it. The law requires the Trustee to investigate charges made against a teacher by a majority of the voters of the district, but it is held that he may investigate charges made by any number of responsible patrons. The decision of the Supreme Court, upon an analagous question, in Thager v. State, 21 Ind. 317, justifies this opinion. 6. Holidays. Recognized holidays can not be deducted from the time for which a school teacher contracts to teach, and his pay reduced accordingly. He is entitled to pay for such days, even though he does not teach. 214 SCHOOL LAW OP INDIANA. 7. In Cities and Towns. The latter part of this section (concerning the power of school meetings and the employment and discharge of teachers) has no application to cities and incorporated towns. But if. in such cities and towns, the teacher he incompetent, or fail in the duties of teacher, he may he dismissed by the School Trustee.— School City of Crawfordsville v. Hays, 42 Ind. 200 ; Put- nam V. School Town of Irvington, 69 Ind. 80. 8. Unlicensed Person May Kecover Keasonable Wages. If a Trustee permits an unlicensed person to begin teaching, and pays such person out of the tuition revenue, the amount so paid may be recovered by any person interested. County Commissioners should allow no credit for money so paid. But a person so permitted to teach may enforce the payment of reasonable compensation from the Trustee as an individual.— Morrison v. McFarland, 51 Ind. 206. 9. Contract Must ;Kot Conflict with Law. A contract with a teacher must not conflict with the law in any particular.— Atkinson v. Allen, 29 Ind. 375; Raferti). Scroggins, 40 Ind. 195; Spears v. Wood, 48 Ind. 541. A teacher con- tracts with reference to the statute.— Owen School Township v. Hay, 107 Ind. 351. 10. Epidemics— No Eeductions from Teachers' Salary for Time Lost by Eeason op. Small-pox is not actus Dei in such a sense as to excuse a school dis- trict from liability on a contract with a teacher, the performance of which the district has prevented by closing the school. The act of God which will release one from the obligation of a contract is one which renders its performance im- possible.— School Town of Carthage v. Gray, 10 Ind. App. 428. 11. —Contract with De Facto Board Binding Unless Fraud is Proven. When Trustees, with the acquiescence of the town, continue to act as such, after the expiration of their term and before their successors are appointed, they are officers de facto, and their contract with a teacher is binding. Such contract can not be assailed by their successors subsequently appointed, when it is not alleged and proven that the teacher was a party to the fraud to forestall them.— School Town of Milford v. Zeigler, 1 Ind. App. 138. 12. Employment of Teacher. A finding that the plaintiff was employed as a teacher by K., who was at the time Trustee of the township, sufficiently shows that the employment was by the School Trustee, the Township Trustee be- ing ex officio School Trustee.— White v. Kellog, 119 Ind. 320. But this would not be so of incorporated towns, as they have a Board of Civil Trustees and a Board of School Trustees. 13. Abolishing Department Does Not Affect Contract. A teacher is not discharged by abolishing the department in which he is engaged, or removing him to another and lower grade.— School Town of Milford v. Zeigler, 1 Ind. App. 138; 27 N. E. Eep. 303; White v. Kellogg, 119 Ind. 320. 14. Cash Advanced to Teachers. A Township Trustee who, in good faith, employs necessary and proper teachers, and when it is unexpectedly found that the public funds provided are insufficient to pay them in full, advances the deficit out of his own money, has a demand against the school township which he may recover.— Kiefer v. Troy ScTiool Township, 102 Ind. 279. 15. Injunction to Restrain Execution of Contract. A Board of School Trustees can not be enjoined from violating its contract with a person for his per- sonal services as a teacher.— Sehwier v. Zetike, 136 Ind. 210. SCHOOL LAW OF INDIANA. 215 16. Slander— Charge that Teacher is Cruel. A Couuty Superintendent and a Township Trustee are not liable for falsely charging a teacher with cruelty, incompetency and neglect in the exercise of his duties, if they act in good faith. — Branaman v. Hinkle, 137 Ind. 496. 17. Dismissal Without Cause. School Trustees can not dismiss a teacher without cause, even before the commencement of the term of service specified in the contract under a provision in such contract that the employment is subject to the right of the Trustee to remove the teacher at any time upon notice first given. —School City of Lafayette v. Bloom, 17 Ind. App. 461. 18. Vote op District Not to Employ. If the patrons of a district at a law- ful school meeting vote that a certain person shall not be employed, the Trustee can not thereafter employ such person ; and he may be enjoined and prevented from entering into a contract with him. If an appeal be taken to the County Superintendent on such question, his decision will bind the Trustee.— O'Brien v. Moss, 131 Ind. 99. [1899, p. 173. Approved February 28, 1899; in force April 28, 1899.] 239. Teachers' contracts to be in writing. 1. All con- tracts hereafter made by and between teachers and school cor- porations of the State of Indiana shall be in writing, signed by the parties to be charged thereby, and no action shall be brought upon any contract not made in conformity to the provisions of this act. 1. Former Law. Until this law was adopted, a verbal contract was valid. —Jackson School Township v. Sherer, 8 Ind. App. 330. 2. Note. See Sec. 230, note 2. 240. Blanks to be uniform. 2. For the purpose of car- rying this act into effect the School Trustees of the several school corporations of this State shall provide a public record of uniform blank contracts to be carefully worded under the direction of the Superintendent of Public Instruction, and cause such contracts to be signed therein, which record shall be deemed a public record, open to inspection by the people of their several school corporations. [1901, p. 561. Approved March 12, 1901. In force May, 1901.] . 241. Teachers' daily wages. 1. The daily wages of teach- ers for teaching in the public schools and attending county and township institutes shall not be less than an amount determined by multiplying two and one-half cents (2J cents) by the general average of scholarship and success given the teacher on his 216 SCHOOL LAW OF INDIANA. highest grade of license at the time of contracting : Provided, That only the general average of scholarship shall h'e used in determining the wages of beginning teachers. 242. Penalty against school officers. 2 School officers who shall be adjudged guilty of violating any of the provisions of this act shall be lined in any amount not exceeding one hun- dred dollars (flOO) for each offense. [1893, p 34. Approved and in force February 17, 1893.] 242a. Terms for which teachers may be employed. After the passage of this act it shall be unlawful for any Township Trustee to contract with any teacher to teach in any common school if the actual term of service of such teacher under such contract does not begin before the expiration of the term of office of such Trustee. Every contract made in violation of the provisions of this section shall, as to the township represented by such Trustee, and the school fund thereunto belonging, be absolutely void ; but such Trustee shall be personally liable to such teacher for all services rendered under such contract, and for all damages which he may sustain by reason thereof. (R. S. 1894, § 5989 ; R. S. 1897, § 6207.) 1. Contract of Predecessor. A School Trustee can not ignore his prede- cessor's contract because of mere formal and technical errors. — Sparta School Tp. V. Mendell, 138 Ind. 188. 2. Contracts Before 1893. Prior to the passage of the above section a contract by a i-etiring Township Trustee was valid, although the term of school did not begin until after such Trustee's successor had come into his office. — School Town of Milford v. Zeigler, 1 Ind. App 138; Keubelt v. School Town of Nobles- ville, 106 Ind. 478; Litten v. Wright School Tp., 1 Ind. App. 92. As to sufficiency of a complaint in an action by a teacher for pay for his services, see School Town of Kochester v. Shaw, 100 Ind. 268, and Owen School Tp. v. Hay, 107 Ind. 851. [1865, S., p. 143. Approved and in force December 20, 1865.] 243. Special examination. 35. If the persons attached to and forming a school district have, at their school meeting, designated other or a less number of branches of learning than those in section thirty-four of this act (§77) mentioned, which they desire to have taught in their school, the Trustee, in employing a teacher for said school, shall require said teacher to be examined as to his qualitications to teach the branches SCflOOti LAW OF IJJDIANA. ^17 of learning required by said school meeting. (R. 8. 1881, § 4502 ; R. S. 1894r§ 5990 ; R. S. 1897, § 6208.) [1865, p. 3. Approved and in force March 6, 1865.] 244. Director's duties. 29. The Director of each school shall preside at all meetings of the inhabitants connected therewith, and record their proceedings. He shall also act as the organ of communication between the inhabitants and the Township Trustee. (R. S. 1881, § 4503 ; R. S. 1894, § 5991 ; R. S. 1897, § 6209.) 245. He has charge of the school house. 30. He shall take charge of the school house and property belonging thereto, under the general order and concurrence of the Trustee, and preserve the same ; and shall make all temporary repairs of the school house, furniture and fixtures, and provide the necessary fuel for the school, reporting the cost thereof to the Trustee for payment. (R. S. 1881, § 4504; R. S. 1894, § 5992; R. S. 1897, § 6210.) 1. Possession of House. We think the Trustee has charge and possession of the school house, for although the Director has the charge for certain purposes, he acts under the order and concurrence of the Trustees. — Hurd v. Walters, 48 Ind. 148. 246. Visits school — May exclude pupils. 31. He shall visit and inspect the school, from time to time, and, when nec- essary, may exclude any refractory pupil therefrom; but the exclusion of any pupil from the school for disorderly conduct shall not extend be^^ond the current term, and may be, in the discretion of the Director, for a shorter period. (R. S. 1881, § 4505 ; R. S. 1894, § 5993 ; R. S. 1897, § 6211.) 1. Teacher's Power as to Discipline. The law is well settled, as it seems to us, that the teacher has the right to exact from his pupils obedience to his lawful and reasonable commands, and to punish disobedience. In a recent Wis- consin case it was well said: "In the schools, as in the family, there exists on the part of the pupils the obligations of obedience to lawful commands, subordina- tion, civil deportment, respect for the rights of other pupils, and fidelity to duty. These obligations are inherent in any proper school system, and constitute, so to speak, the common law of the school. Every pupil is presumed to know this law, and is subject to it, whether it has or has not been reenacted by the District Board in the form of written rules and regulations." — DanenhofFer v. State, 69 Ind. 295. 218 SCHOOL LAW OF INDIANA. 2. Teacher and Pupil — Rules eor Government of School — Unrea- sonable KuLE. A rule established by the teacher of a public school, requir- ing pupils to pay for the wanton and careless destruction of school property, is unreasonable, and a teacher has no right to enforce such a rule by chastisement. Carelessness on the part of children is one of the most common and yet one of the least blameworthy of their faults. In simple carelessness there is no pur- pose to do wrong. To punish a child for carelessness in any case, is to punish it where it has no purpose or intent to do wrong or violate rules. But beyond this no rule is reasonable which requires of the pupils what they can not do. The vast majority of pupils, whether small or large, have no money at their command with which to pay for school property which they injure or destroy by carelessness or otherwise. If required to pay for such property they would have to look to tJieir parents or guardians for the money. If the parent or guardian should not fiave the money, or if they should refuse to give it to the child, the child would be left subject to punishment for not having done what it had no power to do. — State v. Vanderbilt, 116 Ind. 11. 3. Corporal Punishment. A teacher may punish a pupil with kindness, prudence and propriety, for disobedience of his proper commands ; and when the punishment is reasonable, he can not be prosecuted for assault and battery. — Cooper V. McJunkin, 4 Ind. 290; DanenhoflFer ■;;. State, 69 Ind. 295. The teacher may exact compliance with all reasonable commands, and enforce obedience by inflicting corporal punishment, in a kind and I'eason able manner, upon a pupil for disobedience. Such punishment must be within the bounds of moderation, and apportioned to the gravity of the offense; but when complaint is made, the judgment of the teacher as to what the situation required should have weight, as in the case of a parent under similar circumstances, and the reason- ableness of the punishment must be determined upon the facts of the particular case. The presumption is that the teacher did nothing more than his duty. The legitimate object of chastisement is to inflict punishment by the pain which it causes, as well as by the degradation it implies ; and it does not follow that chas- tisement was cruel or excessive because pain was produced, or abrasions of the skin resulted from a switch used by the teacher. When a proper weapon has been used, the character of the chastisement with reference to any alleged cruelty or excess, must be determined by the nature of the offense, the age, physical and mental condition, as well as the personal attributes, of the pupil, and the- deport- ment of the teacher. — Vanvactor v. State, 113 Ind. 276; Danenhoffer -y. State, 79 Ind. 75. 4. Damages. Public officers to whom matters may be submitted for their determination, the consideration of which requires an exercise of their deliberative judgments, are not answerable in damages for mere errors of judgment, unaccom- panied with malice or bad faith. — Fertich v. Michener, 111 Ind. 472. 5. Mandamus. Mandamus lies to compel the restoration of a pupil illegally suspended or expelled. — State v. White, 82 Ind. 278. 6. Not Contempt of Court. A boy was suspended for violation of a rule and readmitted by order of the court. He was suspended a second time for viola- tion of the same rule, and it was held that the second suspension was not a con- tempt of court. — Bowers v. State, 127 Ind. 272. SCHOOL LAAV OF INDIANA. 219 247. Appeal to Trustee. 32. The decision of a Director in exclnding a pnpil shall be subject to appeal to the Township Trustee, whose decision shall be final. (R. S. 1881, §4506; R. 8. 1894, § 5994; R. S. 1897, § 6212.) 1. How Appeal Taken. The parent or guardian, or the pupil liimself, may appeal. No formal documents are necessary, and the Trustee has the right to make an investigation upon a verbal statement. But he should make a record of the facts in the case and of his decision thereon. 248. Insulting teacher. 162. If any parent, guardian, or other person, from any cause, fancied or real, visit a school with the avowed intention of upbraiding or insulting the teacher in the presence of the school, and shall so upbraid or insult the teacher, such person, for such conduct, shall be liable to a fine of not more than twenty-five dollars, which, when collected, shall go into the general tuition revenue. (R. S. 1881, §4507; R. S. 1894, § 5995 ; R. S. 1897, § 6213.) 1. Part Unconstitutional. The provision that the proceeds of the fine shall go into the general tuition revenue is void, since the Constitution (viii, 2) makes fines assessed .for breaches of penal laws of the State a part of the common school fund. 2. Assault on Teacher. A Township Trustee aud the School Director, upon the refusal of a duly employed teacher to allow a vacation of the school for a time, which they and certain patrons of the school had demanded, entered the school house, of which the teacher was in rightful, peaceable possession, seized him, and pulled, dragged and threw him out of the building, and inflicting serious injuries upon him ; they were held guilty of a wrongful assault and battery, and liable for the damage he sustained. — White v, Kellogg, 119 Ind. 320. 249. Title of school property. 157. The title to all lands acquired for school purposes shall be conveyed to the township, incorporated town, or city for which it is acquired, in the cor- porate name of such township, town or city, which is used for school purposes, for the use of common schools therein. In all cases in which the title to any such land is vested in any other person or corporation than as above provided, it shall be the duty of the Trustee, foT school purposes of the townshi23, tow:n, or city, to procure the title to be vested as in this section pro- vided. (R. S. 1881, §4508; R. S. 1894, §5996; R. S. 1897, § 6214.) 1. Trust Title — Change of Trustee. The corporation (township, town, or city) holds the title in trust for school purposes, and upon the incorporation of 220 SCHOOL LAW OF INDIANA. a town, it becomes the trustee, and entitled to such real estate as lies within its boundaries — Carson v. State, 27 Ind. 465; School Town of Leesburg v. Plain School Township, 86 Ind. 582 — and can compel the Trustee of the township to convey the school-house and lot to it. — School Township of Allen v. School Town of Macy, 109 Ind. 559. A town organized as a school corporation is the proper plaintiff in an action to recover land previously deeded for school purposes to the school township in which it is situated. Newpoint Lodge v. School Town of Newpoint, 138 Ind. 141. Board v. Center Tp., 143 Ind. 391. 2. FoEMATiON OP Town — Keventje. If a town is formed out of a portion of a township, the School Trustees of the town are entitled to demand and receive of the Township Trustee the proportion of school moneys belonging to the town, and it is the duty of the Township Trustee to ascertain the amount and pay it over to the Town School Board. — Johnson v. Smith, 64 Ind. 275. So Avhen a new township is created by a division of the territory of an existing township, the former is entitled to an equitable division of the school fund belonging, or to be apportioned, to the township as originally constituted ; and if there be no debt to be provided for, the new township should receive its propor- tionate share of the special school revenue and tuition fund, which should be apportioned upon the basis of the enumeration of school children residing in the territory. constituting such new township. — Towle v. Brown, 110 Ind. 65, 599. 3. Corporate Limits — Conditional Deed. A school corporation can not establish a school outside of its territorial limits. — State v. Shields, 56 Ind. 521. You say that a lot was deeded to a township "for school purposes," and ask if the house built thereon will revert to the original owner if the Trustee decides to change the location of the school house. If the above quotation is all that is expressed in the deed upon that subject, then I think the property will not revert to the original owner. If the deed should say "so long as used for school purposes," then I suppose it might revert to the original owner. — Newpoint Lodge v. School Town of Newpoint, 138 Ind. 141. 4. Highways. Real estate and buildings held by a school township for school purposes are subject to appropriation for highways, as other private prop- erty. — Eominger v. Simmons, 88 Ind. 453. 250. Use of school house. 158. When a scTiool house is unoccupied hy a common school of the State, and the people who form the school at such house desire that a private school be taught therein, and a majority of them make application to the Trustee having charge of such house for the use of it for such private school, it shall be the duty of the Trustee to per- mit said school house to be used for such private school by such teacher as may be mentioned in the application, but not for a longer time than until said house may be wanted for a public school ; and such permission and use shall be upon the condi- tion that the teacher employed in said school shall report, in writing, to the Trustee — First. The number of teachers employed, disxinguishing be- tween male and female. SCHOOL LAW OF INDIANA. 221 Second. The number of pupils admitted into the school within the term, and the average daily attendance. Third. The cost of tuition, per pupil per month, in said school. (R. S. 1881, §4509; E. S. 1894, §5998; R. S. 1897, § 6215.) ri859, p. 181. Approved March 3, 1859, and in force Aug. 6, 1859.] 251. Use of school house. 6. If a majority of the legal voters of any school district desire the use of the school house of such district for other purposes than common schools, when unoccupied for common school purposes, the Trustee shall, upon such application, authorize the Director of such school district to permit the people of such district to use „the house for any such purpose, giving equal rights and privileges to all religious denominations and political parties, without any regard what- ever to the numerical strength of any religious denomination or political party of such district. (R. S. 1881, §4510; R. 8. 1894, § 5999 ; R. S. 1897, § 6216.) 1. Use of School House. The Trustee, upon application of a majority of tlie legal voters of a school district, may authorize the Director to permit the use of the house for other than school purposes, and a complaint to enjoin such use must aver that a majority of the legal voters of the district have not expressed a desire therefor. — Hurd v. Walters, 48 Ind. 148. 2. Trustee's Power and Duty. The Trustee is made responsible for the care, management and preservation of the school houses in his school corporation. This trust he can not alienate. It is true that it is his duty to permit the school house to be used for other than school purposes when the terms of the law have been complied with, but it is equally true that it is contemplated by the law that the Trustee shall retain such control of the school house as will enable him to enforce the provisions of the law. Inasmuch as the Trustee must give equal rights and privileges to all religious denominations and political parties, it is clear that he can not make a contract with any party by reason of which one denomination or one political party shall obtain possession of the house to the exclusion of any other, except for the time being, or by which the control of the house shall pass from his hands. It is not necessary that the voters of a district petition the Trustee on each separate occasion that the house is desired for other than school purposes, but if a general petition be filed with the Trustee, in proper form, requesting, for example, that the house be used for religious purposes, he may then permit the house to be so used as occasions may require. In the absence of an expressed desire on the part of the voters of a district, it is held that the Trustee may, through the spirit of accommodation, rather than by a strict construction of the law, permit school houses to be used for religious and other pablic meetings when he is satisfied that a majority of the district does not object. 222 SCHOOL LAW OF INDIANA. In all cases when school houses are used for such purposes, it is the duty of the Trustee to prescribe and enforce such rules and regulations as will protect the property from injury. It is evident that the provisions of this section apply only to districts in townships, and not to cities and incorporated towns. [1865, p. 3. Approved and in force March 6, 1865.] 252. School house, when sold. 149. The proper Trustee may, wlienever a scliool liouse shall have been removed to a dif- ferent location, or a new one erected for the school in a differ- ent place, if the land whereon the same is situated belongs un- conditionally to the township, town or city, sell the same, when, in his opinion, it is advantageous to the township, town or city, so to do, for the highest price that can be obtained therefor ; and upon the payment of the purchase money to the township, town or city Treasurer, he shall execute to the purchaser a deed of conveyance, which shall be sufficient to vest in such pur- chaser all the title of such township, town or city thereto. The money derived from such sale shall be a part of the special school revenue. (R. S. 1881, § 4511; R. S. 1894, § 6000; R. S. 1897, § 6217.) 1. Conveyances. A deed to the school township for the use of the township for school purposes is an absolute and not a conditional conveyance; and the township may sell the property so deeded. The deed of the township should be made in the name of the school township, and signed by the Trustee. School Boards of cities and towns may sell and convey a school lot upon the conditions named in this section. — §g 97, 98, 249. 2. In the administration of the law set out in section 252, three cases arise : First. When the school house is within the limits of the township, the Town- ship Trustee controls and sells it. Second. When the school house is situated within territory which is afterward incorporated into a town, then the title vests in the town, and the property is con- trolled by the School Trustees of the town. — § 253; see Carson v. State, 27 Ind. 465; School Township of Allen ■;;. School Town of Macy, 109 Ind. 559; School Town of Leesburgh v. Plain School Township, 86 Ind. 582. Tliird. When the school house is located on territory which is taken into a city by addition, then the School Trustees of the city control it. — See Heizer v. Yohn, 37 Ind. 415 ; Reckert v. City of Peru, 60 Ind. 473. 3. Conveyance to City' or Town. When a school house is taken within a city or town, it is the duty of the Township Trustee to convey it to such city or town.— § 253. [1893, p. 194. Approved and in force Marcli 3, 1893.J 253. School house in annexed territory. 1. Whenever there has been, or may hereafter be, by proper proceedings, any territory annexed to any city or incorporated town of this State, SCHOOL LAW OF INDIANA. 223 which territory included within such boundary as annexed any real estate which, prior to such annexation, was the property of the school township adjoining such town or city, and used for school purposes by such school township, such real estate shall, by virtue of such annexation, at once become in fee simple the property of the school corporation of such town or city within the corporate boundaries of which it is found after such annex- ation of territory, and it is hereby made the duty of the Town- ship Trustee to at once execute and deliver to the school cor- poration of such town or city a deed conveying such title as his school township has for all school property which has passed, by such proceedings, from the territorial jurisdiction of the township to that of a town or city. (R. S. 1894, § 5997 ; K. S. 1897, § 6218.) 1. Section Valid. The above section is valid, even if the old township is in debt for the school house, and the annexing city or town is not bound to con- tribute to the payment of the debt. If the Township Trustee refuses or neglects to convey the property to such annexing city or town he may be compelled to do so by mandate of the courts. — Board v. Center Township, 143 Ind. 391. This de- cision modifies the following cases: Carson v. State, 27 Ind. 465; Heizer v. Yohn, 37 Ind. 415; State?;. Shields, 56 Ind. 521; Eechert i;. City of Peru, 60 Ind. 473; School Township of Leesburg v. Plain School Township, 86 Ind. 582; School Township of Allen v. School Town of Macy, 109 Ind. 559; Newpoint Lodge v. School Town of Newpoint, 138 Ind. 141. [1899, p. 376. Approved and in force March 3, 1899.1 254. Pay for school house in annexed territory. 1. In all cases where any city or incorporated town of this State has annexed or shall hereafter annex any territory, or where any town shall be hereafter incorporated in which territory so an- nexed or incorporated there was or shall be the property of any school township used by such school township for school pur- poses, and such school township was, or shall be at the date of such annexations, indebted either for the purchase of said school property, or for buildings constructed thereon, which indebted- ness is unpaid at the date of the passage of this act, it shall and is hereby made the dut}^ of the school corporation of such city or incorporated town to pay such indebtedness, and such school corporation is hereby declared to be and made liable therefor. Until such city or town school corporation shall have paid such indebtedness, it shall not be entitled to posses- 224 SCHOOL LAW OF INDIANA. sion of such property, or to a deed therefor, and upon paying' such indebtedness by said school township, such school town- ship shall be entitled to recover the amount so paid from said city school corporation with interest at the rate of six per cent, per annum from date of payment, and on payment of such amount the said school corporation shall be entitled to a deed and possession of such property as now by law provided. [1877, p. 126. Approved and in force March 7, 1877.] 255. Donations and bequests. 1. Whenever any person shall give or bequeath unto Trustees any sum of money exceed- ing five thousand dollars, for the purpose of erecting a public school building or seminary in any unincorporated town in this State, and upon the express or implied condition contained in said bequest that an amount equal thereto shall be raised by the citizens of said town or township for a like purpose, the Town- ship Trustee of said township in which said town is situated shall, upon the petition of a majority of the legal voters of said township, be authorized to prepare, issue and sell the bonds of said township, to secure a loan not exceeding fifteen thousand dollars in anticipation of the revenue for special school pur- poses, for the purpose of complying with the condition annexed to such gift or devise — said bonds to bear a rate of interest not exceeding seven per cent, per annum, payable at such time, within seven years from date, as such Trustee may determine : Provided, That until all the bonds of any one issue shall have been redeemed, such Towship Trustee shall not be authorized to make another issue, nor shall any such bonds be sold at a less rate than ninety-five cents on the dollar. (R. S. 1881, §4514; R. S. 1894, §6003; R. S. 1897, §6224.) 1. Power of County. The County Board has no power to appropriate money out of the general fund of the county to build a school house. Eothrock V. Carr, 55 Ind. 334. 2. See also section 258, page 225. 256. Majority of voters. 2. The whole number of votes cast for candidates for Congress at the last preceding con- gressional election in the township shall be deemed to be the whole number of legal voters of such township, a majority of whose names shall be signed to the petition presented to such Township Trustee; to which petition shall be attached the SCHOOL LAW OF INDIANA. 225 affidavit or affidavits, as such Trustee may deem necessary, of a competent and credible person or persons that the signature of all tlie names to said petition are genuine, and that the persons whose names are thereto signed are, as he believes, legal voters of such township. (R. S. 1881, §4515; R. S. 1894, §6004; R. S. 1897, § 6225.) 257. Sale of bonds. 3. The Tow^nship Trustee shall re- cord such petition, together with the names attached, in the record-book of his township, and carefully file away and pre- serve said petition, and shall enter in such record a statement of the time when such petition was filed ; and, if said Trustee shall then be satisfied that said petition contains the names of a majority of the legal voters of said township, he shall then prepare, issue and sell bonds to the amount petitioned for in such petition, as provided in section 1 of this act (section 4514), and shall accurately keep a record of all proceedings in and about the issne and sale of such bonds, to whom, and for what amount sold, the rate of interest they bear, and the time when they become due. (R. S. 1881, § 4516 ; R. S. 1894, § 6005 ; R. S. 1897, §6226.) [1901, p. 555. Approved and in force March 11, 1901.] 258. Donations may be made to school corporations. 1. All common school corporations of this State be and they hereby are authorized and empowered to acquire by gift, devise or bequest real estate and personal property, and any such gift, devise or bequest heretofore made is hereby legalized validated as fully as if made after the taking effect of this act. 259. Conditional gift. 2. Any such common school cor- poration which has heretofore acquired or shall hereafter ac- quire any personal property or real estate by gift, devise or be- (pK'st, in respect of which the donor or testator at the time of making the same, has annexed or may annex conditions or directions concerning the manner in which the same shall be held, used, enjoyed or disposed of, shall hold, use, enjoy and dispose of the same agreeably to the terms and conditions so imposed by the donor or devisor. 15 — ScH. Law. 226 SCHOOL LAW OF INDIANA. 260. Income from gifts, how used. 3. In every case where any sucli common school corporation has heretofore ac- quired or shall hereafter acquire any personal projDerty or real estate by gift, devise or bequest in respect of which the donor or testator, at the time making the same, has not or shall not annex conditions or directions concerning the same inconsistent with the requirements of this section, the principal of such gifts, devises and bequests shall be inviolate, but the interest, rents, incomes, issues and profits, thereof, may be expended by such school corporation. Such interest, rents, incomes, issues and profits shall not be devoted to the payment of any obliga- tion of the corporation incurred before the property was ac- quired, nor to the payment of the salaries or wages of teachers, of the branches commonly and generally taught in the public schools, or for school or library officers or employes, nor to the purchase of ordinary school furniture or supplies of the char- acter required by the corporation to be paid for from the cur- rent income or revenue coming to it from taxes or by operation of law, but the same may be devoted to any public educational or public library or kindred purpose, for which in the judg- ment of the managing board, or trustee of the corporation adequate financial provision shall not have been made by law. If in the judgment of such Board or Trustee, it seems wise to invest the principal of the gift, devise or bequest in the erection or equipping, or both, of a building to be devoted to some special use of a public educational or library character, and the expressed will of the donor or testator will not thereby be vio- lated, the principal may be so used, anj^thing in this act to the contrary notwithstanding, but this provision shall not be con- strued to permit its use for the building or equipping of build- ings for the ordinary graded or high schools. 261. Trustee for gift — Powers. 4. If in the judgment of the Board of Trustees or School Commissioners of any corpora- tion coming under the terms of this act, it would be wise to ap- point a trustee or trustees to hold the title to any such property, real or personal, heretofore acquired or that may be hereafter acquired by it in the manner mentioned in this act, unless the wish and will of the donor or testator expressed as aforesaid would thereby be violated, and to invest the principal and pay SCHOOL LAW OF INDIANA. 227 over from time to time only the net interests, rents,, issues, in- comes and profits of the fund to the school corporation for use as in this act provided such school corporation is hereby author- ized and empowered to name and appoint such trustee or trus- tees and to vest in him or them the title to such property sub- ject to such trust and powers as the school corporation may impose not inconsistent with the wish or will of the donor or testator, expressed as aforesaid, or of the provisions of this act applicable to such property in case no such transfer to a trustee has been made : Provided, That if the managing board of such school corporation shall consist of fewer than three persons, and the school corporation elects to have the property held and managed by trustees, the corporation shall establish the terms of the trust and make tlie conveyance but the trustees shall in such case be not fewer than three and shall be named and ap- pointed by the Judge of the Circuit Court of the county in which the school corporation is domiciled. 262. Identity of gift not to be lost. 5. It is the main purpose of this act that the identity of the principal of gifts and benefactions of friends of the State's public schools may not be lost and that the income from their investment shall be used in giving to school children and the public educational and library advantages that could not be enjoyed if only the school and library revenue and income provided by law were available, but nothing in this act shall be construed as a limita- tion against the investment and reinvestment either by the school corporation itself or the trustees appointed agreeably to this act, from time to time as the safety of the fund or the best interests of the corporation may to the school corporation to which it is given, seem to require. [1881, p. 592. Approved and in force April 16, 1881.] 263% Site for school house — Eminent domain. 1. When- ever in the opinion of the trustees of school corporations or of the Township Trustee of any township in this State, it shall be con- sidered necessary to purchase any real estate on which to build a school house, or for any other purpose connected therewith, such Township Trustee or School Trustees, or a majority of them, may file a petition in the Circuit Court of said county, 228 SCHOOL LAW OF INDIANA. asking for- the appointment of appraisers to appraise and assess the vahie of said real estate. (R. S. 1881, §4517 ; R. S. 1894, § 6006; R. S. 1897, § 6227. 1. Locations. The question as to where school houses shall be located, and where land shall be acquired for that purpose, is left to the sound discretion of the Trustee; and upon an application by the Trustee to the Circuit Court to acquire kind for a school house, questions respecting the location selected are not triable. The method of trying such questions is by appeal to the County Superintendent, ~ as provided by section 216. — Braden v. McNutt, 114 Ind. 214. 2. School Township Builds. The school township, and not the civil town- sliip, must build the school house ; aud a note given by the civil township for the cost of constructing a school house is void. — Wingate v. Harrison School Town- ship, 59 Ind. 520. 3. Disagreement Among Trustees. In cities and towns the School Trustees determine where and when a school house is necessary and convenient, and a con- tract by the Trustees for the building of such school house is binding, although one of the Trustees protested against it. — Crist v. Brownsville Township, 10 Ind. 461. 4. Fkaud. An action may be maintained to enjoin the construction of a school house, on the ground of fraud on the part of the Township Trustee, in the making of the contract, in the name of the State for the use of the civil township; and the remedy provided for an appeal to the County Superintendent, is not in such a case exclusive, and does not prevent the bringing of the action. — State v. Earhart, 27 Ind. 119. 5. County Board of Commissioners. A County Board of Commissioners can not make an allowance to build a school house. — Rothrock v. Carr, 55 Ind. 334. 264. Appraisers. 2. Upon said petition being filed (the owner or owners of said real estate having had ten days' notice of the pendency thereof), the Court shall appoint three free- holders, resident in said school corporation or said township where said real estate is situate, to appraise and assess the value thereof. (R. S. 1881, § 4518; R, S. 1894, § 6007; R. S. 1897, § 6228.) 265. Appraisement — Payment. 3. Said appraisers, before making said assessment and appraisement, shall take an oath before the Clerk of said court to make a fair, true, and honest appraisement of said real estate ; and shall then proceed to examine said real estate, hear such evidence as they may con- sider necessary, and make report of their appraisement within five days after their appointment. Upon said report being filed, the owner or owners of said real estate may except to the same SCHOOL LAW OF INDIANA. 229 for any cause, and a trial thereon may be had in said court. When the vahie of said real estate is finally determined in said court, the Township Trustees or School Trustees may pay to the Clerk of said court, for the use of the owner of said real estate, the amount so determined, and, upon payment thereof, the title to said real estate vest in said school corporation for said purposes, (li. S. 1881, §4519; R. S. 1894, §6008; E. S. 1897, § 6229.) Location of School House. The question when and where a school shall be located is left to the discretion of the Trustees; and that question can not be tried on condemnation preceedings. — Braden v. McNutt, 114 Ind. 214. Sec. 266. Township Institutes 267. County Institutes. CHAPTER XVI. TEACHERS' INSTITUTES. Sec. 268. Schools closed. 269. Sessions. [1889, p. 67. Approved and in force March 2, 1889.J 266. Township Institutes. 9. At least one Saturday in each month during which the public schools may be in progress shall be devoted to Township Institutes, or model schools for the improvement of teachers ; and two Saturciays may be ap- propriated, at the\discretion of the Township Trustee of any township. Such Institute shall be presided over by a teacher, or other person, designated by the Trustee of the township. The Township Trustee shall specify, in a written contract with each teacher, that such teacher shall attend the full session of each Institute contemplated herein, or forfeit one day's wages for every day's absence therefrom, unless such absence shall be occasioned by sickness, or such other reason as may be approved by the Township Trustee, and for each day's attendance at such Institute each teacher shall receive the same wages as for one day's teaching: Provided, That no teacher shall receive such wages unless he or she shall attend the full session of* such In- stitute and perform the duty or duties assigned. (R. S. 1894, § 6009 ; R. S. 1897, § 6230.) 1. A Trustee failing to comply with the above is subject to prosecution and removal from office. 230 SCHOOL LAW OF INDIANA. [1901, p. 29. Approved and in force February 25, 1901.] 267. County Institutes. 159. In order to the encourage- ment of Teachers' Institutes, the County Auditors of the several counties of this State shall, whenever the County Superin- tendent of such county shall file with said Auditor his official statement, showing that there has been held, for five days, a Teachers' Institute in said county, Avith an average attendance of twenty -five teachers, or of persons preparing to become such, draw his warrant on the County Treasurer, in favor of said County Superintendent, for thirty-five dollars; and in case there should be an average attendance of forty teachers, or per- sons preparing to become such, then the said County Auditor shall draw his warrant on the Treasurer for fifty dollars ; and in case there should be an average attendance of seventy-five teachers, or persons preparing to become such, then the County Auditor shall draw his warrant on the Treasurer for one hun- dred dollars, for the purpose of defraying the expenses of said Institute : Provided, however, That but one of said payments be made in the same year. All laws and parts of laws in conflict herewith are hereby repealed. 1. Supekintexdent's Ditty and Pay. Such an institute as is contemplated by the law is not a voluntary association, but a teachers' meeting, at the head of which is the County Superintendent. He, therefore, has no right to surrender it into the hands of an incompetent director, nor to permit a course of procedure by anv one, or by the Institute itself, by which time shall be wasted or unsatisfactory work done. The teachers are there to be instructed, and the Superintendent must necessarily take the responsibility of the Institute upon himself. Tlie money which the Auditor is authorized to pay is to defray the expenses of the Institute exclusive of the per diem of the Superintendent, whose compensation must be ob- tained in the usual way. He is also entitled to his per diem for reasonable services in making preparations for the Institute. 2. Pay of Teachehs. Teachers are allowed their regular per diem when attending both County and Township Institutes. 268. Schools closed. 160. When any such Institute is in session, the common schools of the county in which said Insti- tute shall be held shall be closed. (R. S. 1881, §4522; R. S. 1894, §6011 ; R. S. 1897, §6231.) 269. Sessions. 161. The several County Superintendents are hereby required, as a part of their duty, to hold, or cause to be held, such Teachers' Institutes at least once in each year in their respective counties. (R. S. 1881, §4523; R. S. 1894, §6012; R. S. 1897, §6233.) SCHOOL LAW OF INDIANA. 231 CHAPTER XVII. FREE LIBRARIES. Sec Sec 270. Public Library Commission. 293. 271. Duties — Traveling libraries. 272. Purchase of books— Appropriation. 294. 273. Library Association. 295. 274. Annual appropriation — Expenses. 296. 275. Advice. 297. 276. Township library tax. 277. Township library Board. 298. 278. Official documents. 299. 279. Member of Commission not to be pub- lishers. 300. 280. Repealing section. 301. 281. In cities and towns. 302. 282. Libi-aries in certain cities. 303. 283. Tax to maintain. 304. 284. Real e tate. 305. 2a5. Real estate for libraries. 306. 286. School and library tax in cities of 307. 30,000. 308. 287. County Treasurer reports to Board of 309-. School Commissioners. 310. 288. County Treasurer's credits. 311. 289. Library tax in cities of 15,000 and 30,000. 312. 200. Payment of bonds. 313. 291. City and town tax for library— Sub- 314. scription. 315. 292. Subscription filed with Clerk o/ Circuit 316. Court. 317. 318. Members of Library Board appointed — Qualifications. Certificate of appointment — Oath. Organization. Library Board Powers. Subscription collected — Buildings — Tax. Tax, how used. Use of library — Certificates of mem- bership — Townshiii may use. Donation of library. Removal of members of Board. Treasurer's report. Repealing section. Libraries in cities of 3,500 to 4,000. Acceptance of library. Payment of taxes. Privileges of library. Removal of Directors. Library fund. Township Trustee in charge. Trustee's duties. Use of books. Where kept. When open. Tax levy for library. Office of Librarian abolished. Library discontinued. Legalizing section. [1899, p. 134. Approved and in force February 24, 1899.1 270. Public Library Commission. 1. There is hereby created a Public Library Commission, which shall be composed of three members, appointed by the Governor, who shall serve without compensation except as herein provided, each for the term of four years, except that one of the members first so ap- pointed by the Governor shall be appointed for a term of two years only, and one for one year. The State Librarian shall be ex-officio secretary of said Commission. 271. Duties — Traveling libraries. 2. Said Public Library Commission shall have the control and management of the traveling libraries hereinafter provided for, shall purchase the books and collection of books therefor and equipment for the same ; shall adopt rules and regulations for loaning such books and collection of books to library associations and to the per- 232 SCHOOL LAW OF INDIANA. sons entitled to borrow the same, and shall provide for and require such security or guaranty for the safe return of such hooks or collection of books as may be deemed advisable ; shall prepare lists of books suitable for public libraries and obtain prices for the same and furnish such lists whenever required; shall furnish information or advice as to the organization, maintenance or administration of any library in the State whenever requested so to do by the librarian or trustees. The Public Library Commission shall keep a complete record of library associations and other organizations and persons entitled to borrow books of such traveling libraries and of transactions therewith, and he shall include in his biennial report a sum- mary of the facts of public interest and value in relation thereto. 272. Purchase of books — Appropriation. 3. There is hereby appropriated out of any funds in the treasury not other- wise specifically appropriated the sura of three thousand dollars ($3,000) for the purchase of books and collections of books and the equipment for traveling libraries. The books so purchased shall be in tlie care of the State Librarian, but shall be kept separate from the other books of the State library. The books so purchased shall be divided into sets or libraries of said com- mission and k)aned to librarj^ associations and other organiza- tions and persons as herein provided. 273. Library association. 4. Any five or more citizens may organize a library association, which on furnishing secur- ity satisfactory to said Commission, shall be entitled to the use of the traveling libraries under the rules and regulations of said Commission, and without charg'e further than all expenses of transportation of said libraries. Any local library, literary or other club, agricultural or other society, grange, college, serai- nary, university extension center, study circle or other associ- ations, shall have the use of said traveling libraries on furnish- ing satisfactory security and complying with the rules and regulations as aforesaid. [1901, p. 171. Approved March 8, 1901; in force May, 1901.] 274. Annual appropriation — Expenses. 5. There is here- by appropriated out of any funds in the treasury not otherwise appropriated the sum of one thousand dollars (|1,000) annually. SCHOOL LAW OF INDIANA. 233 to be expended under the direction of said Commission, for clerical assistance to the State Librarian and other expenses of said Commission made necessary by this act, including traveling expenses of the members of said Commission in the discharge of their duties. [1899, p. 134. Approved and in force February 24, 1899.] 275. Advice. f>. The Librarian or Trustees of any free public library may apply to said Public Library Commission for advice as to all matters pertaining to the organization, main- tenance or administration of their library ; and said Commis- sion shall give such advice and personal attention as may be necessary. Note. The Library Commission has appointed Merica Hoagland to serve as Organizer of Libraries. She will travel into different parts of the State, giving advice and assisting in the work. 276. Township library tax. 7. On the Avritten petition of fifty legal voters of any towiiship filed with the County Clerk not less than fifteen days prior to a township election, the County Board of Election Commissioners shall cause to be printed on the township ballots for such township the words : "For a township library tax." " Yes." "No." If in the elec- tion a majority of the votes cast on said question shall be in the afiirmative, the Township Trustee shall thereafter levy an- nually a tax of one-fifth of a mill on each dollar of the prop- erty taxable in said township for the establishment and support of a township library free to all inhabitants of such township, which tax shall be levied, assessed, collected and paid as other township taxes are levied, assessed, collected and paid : Provided., That after such library has been esta-blished such tax levy shall be discontinued when, under the above provision, the question of discontinuing such levy shall have been submitted to a vote and the majority of the votes cast on said question shall be in the negative : Provided further, That if there be located in said township a public library open to the use of all the inhabitants thereof, then the proceeds of said tax shall be paid to said public library. Provided further, That in any township in which there has been or may hereafter be established by private dona- tions a library of the value of twenty -five thousand dollars or more, including the real estate and buildings used for such library for the use and benefit of all the inhabitants thereof, 234 SCHOOL LAW OF INDIANA. the Township Trustee of such township shall annually levy and collect not more than six cents on the hundred dollars, upon the taxable property within the limits of such township which shall be paid to the Trustees of such library, and be ap- plied by them to the purchase of books for said library and to the cost of the maintenance thereof, and said Trustees may with the consent of the Board of Commissioners of the county, when it shall become necessar}^ to purchase additional ground for the extension or protection of library buildings already es- tablished by such private donation, annually levy and collect not more than five cents on the hundred dollars upon all taxa- ble property of said township for not more than three years successively, which shall be expended by said Trustees in the purchase of said property and the erection and enlargement of library building thereon. 1. Eepeal of Act of 1895. The last proviso is a copy of the act of 1895 (Acts 1895, p. 240); and this proviso must be followed instead of that act. 277. TownsMp Library Board. 8. In any township where a free public library is established as above provided, there shall be established a Township Library Board composed of the school Township Trustee and two residents of the town- ship, to be appointed by the Judge of the Circuit Court (one of whom shall be a woman). Of the first two members of such Board so appointed one shall be appointed for a term of two years and one for four years, and thereafter the term of office shall be four years. Such Library Board shall have control of the purchase of books and the mauagement of such library, and shall serve without compensation. Said library shall be the property of the school township, and the school Township Trus- tee shall be responsible for the safe preservation of the same. Said Board shall be entitled to the possession and custody of any books remaining in the old township library in such town- ship ; and such Board shall be empowered to receive donations, bequests and legacies for and on behalf of such library, and shall be entitled to receive from the Public Library Commis- sion and State Librarian copies of all documents of this State available for distribution. Before the purchase of any books the Township Library Board shall consult the Public Library Commission. SCHOOL LAW OF INDIANA. 236 278. Official documents. 9- The State Librarian and the Pubhc Library Commission shall supply any library ql this State with copies of official documents and publications of the State in his custody available for distribution within the State. 279. Member of Commission not to be publisher. 10. J^o member of the Public Library Commission shall be in any way connected with the business of publishing or selling books. 280. Repealing section. 11. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. [1883, p. 103. Approved March 5, 1883, and in force June 5, 1883.] 281. In cities and towns. 1. In all the cities and incor- porated towns in this State the Board of School Trustees, Board of School Commissioners, or whatever Board may be established by law to take charge of the public or common schools of such city or incorporated town, shall have power, if in their discretion they deem it to the public interest, to esta,blish a free public library in connection with the common schools of such city or incorporated town, and to make such rules and regulations for the care, protection and government of such library, and for the care of the books provided therefor, and for the taking from and returning to said library of such books, as the said Board may deem necessary and proper, and to provide penalties for the violation thereof: Provided, That in any city or incorpo- rated town where there is already established a library open to all the people, no tax shall be levied for the purpose herein named. (R. S. 1894, §6013; R. S. 1897, §6234.) 1. Bedford. An act of March 6, 1901, applicable only to Bedford, is omitted. Acts 1901, p. 130. 2. Section 281 is probably succeeded by section 292 and following p. 241 of this volume. [1885, p. 120. Approved and in force April 2, 1885.] 282. Libraries in certain cities. 1. Wherever the Board of Directors of a library heretofore situate within the limits of any incorporated town may have filed the agreement and request with the Board of Trustees of said town, provided for in an act entitled "An act supplementary to an act entitled an act to establish public libraries," approved February 16, 1852, approved March 8, 1883, and the Board of Trustees of such town may have levied a tax for the support of such library i«n pursuance 236 SCHOOL LAW OF INDIANA. of such request and agreement and in accordance with said act, and such town may afterward have become incorporated as a ,city, the Common Council of such city shall have all the powers to levy tax, and do all other things granted by said act above named to trustees of towns, and all the provisions of said act applicable to such library, and its relations to the town before its incorporation as a city shall, after such incorporation, be applicable to such library, and its relations to such city. (R. S. 1894, § 4999 ; R. S. 1897, § 5164.) [1899, p. 561. Approved March 6, 1899. In force April 28, 1899.] 283. Tax to maintain. 2. Such Board shall also have power to levy a tax of not exceeding one mill on each dollar of taxable property assessed for taxation in such city in each year; which tax shall be placed on the tax duplicate of such city, and collected in the same manner as other taxes ; and when said taxes are so collected, they shall be paid over to the said Board for the support and maintenance of said public library. Such Board shall have power, and it shall be its duty, to disburse said fund, and all revenues derived from gift or devise, in providing, and iitting up suitable rooms for such library; in the purchase, care and binding of books therefor, and in the payment of sala- ries to a librarian and necessary assistants. [1881, p. 47. Approved and in force March 7, 1881.] 284. Real estate. 3. Any such city in which a free public library may be established in accordance with the terms of this act may acquire by purchase, or take and hold by gift, grant, or devise, any real estate necessary for, or which may be donated or devised for, the benefit of such library ; and all revenues arising therefrom, and the proceeds of the same, if sold, shall be devoted to the use of said library. (R. S. 1881, § 4526 ; R. S. 1894, § 6016 ; R. S. 1897, § 6236. [1885, p. 160. Approved and in force April 8, 1885.1 285. Real estate for libraries. 1. In any case in which the Board of School Trustees of any city of this State have purchased any real estate for the use of a public library of said city, under sections 4524, 4525 and 4526 [§§281, 282 and 283] of the Revised Statutes of 1881, and the revenue derived from SCHOOL LAW OF INDIANA. 237 taxation under said sections may have been or shall be insuffi- cient to pay for such real estate, then said Trustees be and they are hereby authorized to pay for the same out of any money in the treasury of such school city belonging to the special school fund thereof. (R. S. 1894, § 6017 ; R. S. 1897, § 6237.) [1891, p. 37. Approved and in force February 26, 1891.] 286. School and library tax in cities of 30,000. 1. In all cities of the State of Indiana where Boards of School Commissioners have been elected and are managing the school aifairs of said city under an act of the General Assembly of the State of Indiana, entitled "An act providing for a general sys- tem of common schools in all cities of thirty thousand, or more, inhabitants, and for the election of a Board of School Commis- sioners for such cities, and defining their duties and prescribing their powers, and providing for common school libraries within such cities, approved March 3, 1871, and the various acts of the General Assembly amendatory thereof, and supplemental thereto, and in which the ofiice of City Treasurer has been, or, hereafter, may be, abolished under and by virtue of an act of the General Assembly of the State of Indiana, entitled, 'An act concerning taxation for city and school purposes in cities con- taining a population of over seventy thousand, as shown by the last census of the United States ; to abolish the offices of City Assessor and City Treasurer in such cities, and provide for the discharge of the duties of such offices, and repealing laws in conflict therewith, approved FelDruary 21, 1885,'" such Boards of School Commissioners be and they are hereby authorized and empowered, in the manner and form in which they are now by law authorized to levy taxes, levy taxes for the support of the schools within such city, including such taxes as may be required for paying teachers, in addition to the taxes now authorized to be levied by the General Assembly of the State of Indiana, not to exceed, however, in any one year, the sum of twenty-five cents on the one hundred dollars of the taxable property as shown by the certificate showing the assessment and valuation for taxation of all taxable real and personal and railroad property of such city, required to be delivered to said Board of School Commissioners bv section 8 of the said act of 238 SCHOOL LAW OP INDIANA. the General Assembly of the State of Indiana, approved Febru- ary 21, 1885, and also to levy a tax each year not exceeding four cents on each one hundred dollars of the taxable property in said city, as shown by said certificate, for the support of free public libraries, in connection with the common schools of said city, and to disburse any and all revenues raised by such tax levied for library purposes, in the purchase of books and in the fitting up of suitable rooms for such libraries, salaries to libra- rians and other expenses necessarily incident to the maintenance of such library; also, to make and enforce such regulations as they may deem necessary for the taking out, and returning to, and for the proper care of all books belonging to such libraries, and to prescribe penalties for the violation of such regulations. (R. S. 1894, § 5944; R. S. 1897, § 6240.) • 1. To What Cities Applicable. This and the next four sections at pres- ent apply only to the city of Indianapolis. 287. County Treasurer reports to Board of School Com- missioners. 2, In all cities in the State of Indiana, where Boards of School Commissioners have been elected and are managing the school affairs of said city, under and by virtue of said act of the General Assemby of the State of Indiana, ajD- proved March 3, 1871, and in which the office of City Treasurer has been, or may hereafter be, abolished, under and by virtue of said act of the General Assembly of the State of Indiana, approved February 21, 1885, as mentioned and described in the first section of this act, it shall be tlie duty of the County Treas- urer, on and after making his settlement with the County Audi- tor on the third Monday of April, 1891, and the payment to the Board of School Commissioners of the amount by such settlement found to be due to it, as required by section 13 [R. S. 1894, § 3758; R. S. 1897, § 1283; Acts 1885, p. 13] of the last above named act, at the close of each calendar month, to make report, duly verified by his oath, to said Board of School Com- missioners of all taxes and delinquent taxes collected within said month, and thereafter, upon demand of the Treasurer of said Board of School Commissioners, to pay to him, for the use of said Board of School Commissioners, the full amount of said taxes and delinquent taxes shown by said report to have been collected. Upon such payment being made, the Treasurer of SCHOOL LAW OF INDIANA. 239 the Board of School Commissioners shall execute to said County Treasurer his receipt for the amount of money so paid, which receipt the latter shall deliver to the Secretary of the Board of School Commissioners, who shall give him a quietus therefor, and credit said County Treasurer with the amount thereof, and charge such amount to the Treasurer of said Board of School Commissioners. (R. S. 1894, § 5745 ; R. S. 1897, § 6241.) 288. County Treasurer's credits. 3. Said County Treas- urer shall, thereafter in his settlement with the County Auditor, made as required by law, on the third Monday of April, and the first Monday of i^ovember, in each year, present such qui- etuses to the County Auditor, who shall give such County Treas- urer credit therefor as against the sums with which he is charge- able upon account of the collection of such school taxes. (R, S. 1894, § 5746; R. S. 1897, § 6242.) 1. KEPEAI.ING Section. The fourth section expressly repeals the act of 1889, p. 432, on the same subject. [1901, p. 10. Approved and in force February 13, 1901.] 289. School and library tax in cities of 15,000 and 30,000. 1- In all cities in the State of Indiana where Boards of School Commissioners have been elected and are managing the school affairs of said city under an act of the General As- sembly of the State, of Indiana, entitled "An act providing for a general system of common schools in all cities of thirty thou- sand or more inhabitants, and for the election of a Board of School Commissioners for such cities, and defining their duties and prescribing their powers and providing for common school libraries within such cities," approved March 3, 1871, and the various acts of the General Assembly amendatory thereof and supplemental thereto, and in all cities in the State of Indiana of 15,000 or more inhabitants, where Boards of School Trustees have been elected and qualified under an act of the General As- sembly of the State of Indiana, entitled, "An act to amend Section one of an act entitled 'An act to amend an act entitled 'An act to provide for a general system of common schools, the officers thereof and their respective powers and duties, and mat- ters properly connected therewith, and prescribing the fees for certain officers therein named, and for the establishment and 240 SCHOOL LAAV OF INDIANA, regulation of township libraries, and to repeal all laws incon- sistent there witli, providing penalties therein prescribed, ap- proved March 6, 1865, and adding siipplemental'sections thereto,' approved March 8, 1873," (approved March 12, 1875), being Section 4439 of the Revised Statutes of 18^1, such Board of School Commissioners be and they are hereby authorized and empowered to issue bonds in any sum not exceeding one hun- dred thousand dollars, for the purpose of erecting buildings for library and school offices to be used in connection with the common schools of said city. Such bonds to bear interest not exceeding tive per cent, per annum payable after eleven years from the date thereof and within twenty years from the date thereof, as follows, to-wit : One-tenth thereof to be paid eleven years from date, and one-tenth thereof to be paid each succeed- ing year until all are paid ; the money obtained from the sale of such bonds shall be disbursed by said Board of School Com- missioners and said Board of School Trustees, respectively, in the erection of a building for the library and school offices to be used in connection with the common schools of said city. Such bo-nds shall be designated "Library Building Bonds," and may be issued in such denominations, and in such sums from time to time as the Board of School Commissi(mers, or the Board of School Trustees, respectively, may deem expedient; and each of said bonds shall upon its tace designate the date of the maturity thereof: Provided, That at no time shall the amount of bonds so issued for such purpose by any such Board of School Commissioners exceed the sum of one hundred thou- sand dollars; and that said Board of School Commissioners, or said Board of School Trustees, shall have no power to issue any renewal thereof, but the same shall be paid at maturity as here- inafter provided : And, jjrovided further, That such bonds shall not be sold for less than their par value. 1. Th» act referred to is ^? 169 to 214. 290. Payment of bonds. 2. If the Board of School Com- missioners, or the Board of School Trustees, in any city shall exercise the powers granted to it by this act, it shall provide for the payment of said bonds as follows : At the time of the levying of the taxes for the year which shall be collectible imme- SCHOOL LAW OF INDIANA. 241 diately before the maturity of tlie first maturing of said bonds, said Board of School Commissioners and said Board of School Trustees, respectively, shall lev}^, in addition to the levy of taxes they may be authorized to make for other purposes, a tax upon all property subject to taxation by it sufiicient to pay the 'first maturing of such bonds, and apply the money raised therebj^ to the payment thereof; and each year thereafter said Board of School Commissioners and said Board of School Trustees, re- spectively, shall levy such tax, and apply the proceeds thereof to the payment of the bonds successively maturing until all shall have been paid. [1901, p. 81. Approved and in force March 4, 1901.] 292. City and town tax for library — Subscription. 1. The Common Council of any city, or the Town Board of any incorporated town within this State desiring to establish, in- crease and maintain a public library in such city or tow^n, open to and for the use and benefit of all the inhabitants thereof, may levy a tax annually of not to exceed six-tenths of a mill on each dollar of all the taxable property assessed for taxation in such city or town, as shown by the tax duplicate for the year immediately preceding the fixing of such levy, which tax shall be placed on the tax duplicate of such city or town and collected in the same manner as other taxes are levied and collected, and such levy shall be certified to the Clerk of the Circuit Court. If the Common Council of such city, or the Town Board of such incorporated town do not make such levy they shall do so at the next ensuing levy, and annuall}^ thereafter, after taxpay- ers of such city or town raise by popular subscription, for each of the two years. immediately following the elate of the comple- tion of such suJDScription, a sum of money equal to the amount that would be derived from a tax levy of two-tenths of a mill on each dollar of the taxable property assessed for taxation in such city or town as shown by the tax duplicate immediatel}^ preceding the completion of such subscription : Provided, That not more than two per cent, of the entire amount necessary to be subscribed shall be subscribed by any one person, firm or corporation of such city or incorporated town. The amount of money so subscribed, as herein provided, for public library 16— ScH. Law. 242 SCHOOL LAW OF INDIANA. purposes, shall be made to fall due and be payable in eight equal quarterly installments, the first installment shall become due and be payable on the first Monday of the second month following the date of the completion and filing of such subscription, as hereinafter provided, and one installment shall become due and be payable on the first Monday of each third month thereafter, till all of each subscription is paid. The sub- scriptions shall be collected by the Public Library Board, hereby created, as hereinafter provided. 293. Subscriptions filed with Clerk of Circuit Court. 2. The subscription list for said money shall be filed with the Clerk of the Circuit Court of the county in which such city or incorporated town is located. The said Clerk of the Court im- mediately thereafter shall notify the Judge of the Circuit Court of said county that such subscription has been filed, and he shall likewise notify the Common Council or Town Board and the Board of School Trustees of such city or town proposing to establish a public library, that said subscription has been filed. The original subscription list shall be preserved by the Clerk of the Circuit Court and by him placed iu tlie hands of the Public Library Board, when the Board shall have been ap- pointed as hereinafter provided. 294. Members of Library Board, Appointment — Quali- fication. 3. Within ten days after the said Judge of the Cir- cuit Court shall have been notified, as above provided, that such subscription list has been filed with the Clerk of the Circuit Court, if one has been filed to secure the levying of such tax, or that the Common Council has certified to such Clerk that the levy as provided herein has been made, it shall be the duty of said Judge to examine such subscription list, an,d if it be found that an amount of solvent subscription has been made, equal to the amount required by Section 1 of this act, then he shall order cop3^ of such subsc^'iption list spread upon the records of said court, and he shall appoint three persons, resident of such city or town, as members of such Public Library Board, one of whom he shall appoint for one year, one for two years and one for three years from the date of this [their] appointment, and all appointments so made by the Judge of the Court shall be SCHOOL LAW OF INDIANA. 243 entered in the order books of said court. Within ten days after the Common Council or the Town Board and the Board of School Trustees have been notified, as above provided, each body shall appoint two persons, also residents of such city or town, not otherwise appointed as members of such board, who shall become members of such Public Library Board. The members so appointed by the Common Council or Town Board at the first appointment under this act, shall serve for a period of one year, and after the first appointment, all appointments made by the Common Council or Town Board shall be for a period of two years. The Board of School Trustees shall ap- point its members for a term of two years, who may be from their own board, and all members appointed as herein provided, shall serve until their successors are appointed and Cjualified : Provided, That women may be eligible to appointment as mem- bers of such Public Library Board, aud not less than three of the members appointed shall be women. The Judge, Common Council or Town Boai^d, and the Board of School Trustees, in making the appointments, shall select persons of well-known probity, integrity, business ability and experience, and who are fitted for the character of the work they are to perform, and who shall have resided for a period of not less than five years immediately preceding their appointment in the city or town for which they are appointed, and who shall not be less than twenty-five years of age at the time of appointment, and who shall serve without compensation for services. In case of a va- cancy on such board from any cause, it shall be the duty of said Judge, Common Council or Town Board, and the Board of School Trustees to fill such vacancy occurring in the membership appointed by each respectively. 295. Certificates of appointment — Oath. 4. All appoint- ments to membership on the Public Library Board shall be evi- denced by certificates of appointment, duly signed by the Judge as to members appointed by him, by the Mayor or President of the Town Board, and by the President of the Board of School Trustees as to members respectively appointed by them, which certificates of appointment shall be handed to or mailed to the address of the appointee. Within ten days after receiving such certificate of appointment such appointee shall qualify by tak- 244 SCHOOL LAW OF INDIANA. ing: the oatli of office before the Clerk of the Court, that such CI ^ appointee will faithfully discharge the duties as a member of the Public Library Board to the best of his ability, and shall jS.le such certificate, Avith the oath endorsed tliereon, with the Clerk of the Circuit Court of the county in which such library is to be established. 296. Organization. 5. Within five days after all the members of such Board shall have been appointed and qualified, they shall meet and organize by electing one of their number president, one vice-president and one secretary, and shall select such committees or executive board as they may deem neces- sary to carry on the work of the Board. 297. Library Board — Powers. 6. The seven members thus appointed shall constitute and be knoMai as the Public Library Board and shall have the control of the public library funds, and the custody and control of all the books and other property of every name and description, and shall have the power to direct all the affairs of such public library ; and such Public Library Board, in the name of the library, shall be em- powered to receive donations, bequests and legacies, and to re- ceive and convey real estate for and on behalf of such library, and shall be entitled to receive from the Public Library Com- mission copies of all documents and publications of the State available for distribution. They shall have the power to make and enforce rules for the management of such libraries as they may deem necessary, and to employ librarians and assistants. 298. Subscriptions collected— Buildings— Tax. 7. When such Public Library Board shall have organized for the trans- action of business, there shall be placed in its hands by the said Clerk of the Circuit Court the original subscription list, if any has been made, for the procuring of the levy of the tax, as herein provided, and it shall be the duty of such Library Board to collect quarterly all money subscribed, as the same becomes due, as provided for in Section 1 of this act, and pay the same over to the Treasurer of such city or town, and to expend the same in the establishment, equipment, enlargement and man- agement of a public library, in the manner as provided for in SCHOOL LAW OF INDIANA. 245 Section eight, which shall be open to and for the use and benelit of all the inhabitants of the city or town in which the same is located, and such Library Board may use such sum for the pur- chase of a building site and the erection of a library building as the Board may decide. It shall be the duty of such Library Board to determine the rate of taxation that shall be necessary to establish, increase, equip and maintain the public library and certify the same to the Common Council or Town Board and to the County Auditor : Provided, That said levy shall not ex- ceed six-tenths of a mill on each dollar of all the taxable prop- erty assessed for taxation in such city or town, as shown by the tax duplicate for the year immediately preceding the fixing of such levy. When the assessment for such public library pur- poses shall be certified to the Common Council or Town Board and the Auditor, by the Public Library Board, the same shall be placed upon the tax duplicate of such county and city or town and collected in like manner as other taxes are levied and collected. Tax, how used. 8- The tax so levied as provided for in sections 1 and 7 of this act shall be held and kept as a separate fund by the Treasurer of such city or incorporated town for public library purposes, as herein provided, and he shall pay out the same for library purposes only upon the war- rant of the President of the Library Board, countersigned by the Secretary thereof. The Treasurer of such city or town shall be liable on his ofiadal bond for the faithful performance of the duties imposed upon him by this act. 299. Use of library— Certificate of membership— Town- ship may use. 9- When a public library- shall have been established in any city or incorporated town in this State under the provisions of this act, such lib)-ary shall be open and free for the use and benefit of all the inhabitants of the township in which such library shall be located, provided the Township Ad- visory Board of the township in which such library is located, shall levy and collect a tax of two-tenths of a mill on each dol- lar of ail the taxable property assessed for taxation in said township, as shown by the tax duplicate for the year immedi- ately preceding the fixing of such levy, exclusive of the prop- 246 SCHOOL LAW OF INDIANA. erty of sucli city or town already taxed for said library, and collect and pay the same over to the Treasurer of such city or town where such library is located, to be held by such Treas- urer as a part of the public library fund. Said library shall remain open and free for the use and benefit of all the inhabit- ants of such township, so long as said tax as herein provided and specified shall be levied, collected and paid over to the Treasurer of such city or town for the use of said library board for the purpose herein named. When the public library of any city or town is not so open and free for the use and benefit of the inhabitants of any township, by reason of such township failing to levy and collect the tax herein required, the Public Library Board may issue and sell certificates or library cards to any person or family resident in such township at such annual fee as may be deemed by them to be a fair compensation for such privilege, and such library cards shall give to the pur- chaser thereof the same rights and privileges as the inhabitants of the city or incorporated town. 300. Donation of library. 10. If any city or incorpo- rated town in this State where a library of the value of an amount equal to the amount of money that would be derived from a tax levy of three-tenths of a mill on each dollar of A'^aluation of the taxable property within such city or town assessed for taxa- tion, as is shown by the preceding tax duplicate of said city or town, is already established and maintained under any existing law of this State, and whenever the Managing Board of such library already so existing and maintained shall tender the ownership, custody and control of said library free of expense to such Public Library Board for the uses and purpose of a public library as contemplated by this act, which tender of cus- tody and control thereof shall be evidenced by a certificate issued by the Managing Board thereof and filed in triplicate with the Clerk of the Circuit Court of the county wherein said city or town is located, with the Clerk of said city or town and the Secretary of the Board of School Trustees in the manner and form as prescribed in the certificates of popular subscrip- tion contained in section 2 of this act, which certificates shall show the value of such library. A Public Library Board shall be appointed as in the manner as set forth in this act, except SCHOOL LAW OF INDIANA. 247 sncli Board shall be aiDpointed only when the Common Council or Town Board have decided by a majority vote of the mem- bers thereof to accept such library and to levy annually and collect a tax as other taxes are levied and collected, and not to exceed six-tenths of a mill on each dollar of valuation of taxa- ble property of such city or town, as herein specified. Said Council or Town Board shall certify its said decision of accept- •ance, attested by the Clerk of said city or town, and the Mayor of such city or President of such Town Board to the Judge of the Circuit Court and the Secretary of said Board of School Trustees, whereupon said Judge, City Council or Town Board and Board of School Trustees shall proceed to appoint said Public Library Board in the manner and form and to all intents and purposes as is done by the voluntary levy of such tax by the Council or Town Board, or the popular subscription filed with the Clerk of tlie Court as hereinbefore provided. 301. Removal of member of Board. 11. The Judge of the Circuit Court, the Common Council or ToAvn Board and the Board of School Trustees may at any time, for cause shown, remove any member of such Library Board that may have been appointed by each, respectively, and fill the vacancy occa- sioned thereby as provided for in section three of this act. 302. Treasurer's report. 12. The Treasurer of such city or incorporated town, operating libraries under this act, shall make and file with the Common Council or the Town Board thereof, not later than the 15th day of January of each year, an itemized statement, under oath, of all the receipts and disburse- ments of such Public Library Board for the year ending De- cember 31, immediately preceding the making and filing of such report, and such report shall contain an itemized statement of the sources of all receipts, all disbursements made and the pur- pose for which the same were made, and such annual report shall be open to inspection of the citizens of such city or town, and also the township in which such city or town is located, providing the township has complied with the provisions of section 9 herein. 303. Repealing section. 13. All laws and parts of laws in conflict with the provisions of this act are hereby repealed : 248 SCHOOL LAW OF INDIANA. Provided, That tliis act shall not interfere with the maintenance or management of any existing library already established and operating nnder the laws of this State. [1901, p. 14. Approved and in force February 13, 1901.] 304. Libraries in cities of 3,500 to 4,000. 1. Cities having a population of thirty-fiYe hundred by the census of 1900, and not more than four thousand, be, and they are hereby, authorized to accept a tender of the custody and control of li- braries established by library associations, incorporated or other- wise, provided such libraries contain at least three thousand volumes, and to levy a tax of not more than five cents on the one hundred dollars of valuation of taxable property within such cities for the maintenance thereof. 1. Note. This statute applies only to Auburn, Garrett, Gas City, Green- castle, Plymouth, Tipton, Warsaw, Whiting and Winchester. It does not apply to towns having over 3,500 and less than 4,000 inhabitants according to the census of 1900. , ■ 30.5. Acceptance of library. 2. Such acceptances shall be indicated by a resolution of the Common Council of such city, whereupon the Mayor of said city shidl jippoint three reputable citizens of said city, not more than t^vo of whom shall belong to the same political party, as a Board of Library Direc- tors, one member of said board to serve until the first day of June next succeeding, one member of said board to . serve until one year thereafter, the said first day of June next succeding, and one member of said Board to serve until two years thereafter, said first day of June next succeeding, and a member of said board shall be appointed by the Mayor of said city each year whose term of ofiice shall commence on the first day of June of that year. Such board shall organize on the first day of June of each year by electing one of its number as president, one of its number as secretary, and one of its number as treasurer, which treasurer shall give a bond with free- hold sureties subject to the approval of the Common Council, to faithfully account for all funds which may come into his hands as such treasurer. They shall be sworn by the Mayor to an honest and faithful discharge of their duties. The bond of the treasurer shall be made payable to the qity,, SCHOOL LAW OF INDIANA. 249 306. Payment of taxes — Control. 3. The Treasurer of the Board of Library Directors shall receive from the City Treasurer all taxes collected for library purposes and pay out the same on the order of the board. The Board of Directors shall have the custody aud control of such library, subject to any rules adopted b}', or orders of the Common Council, employ a librarian, if the members of said board deem it necessary, fix and pay the compensation of such librarian, pay all necessary expenses of maintaining such library, and buy new books to add to such library as the library* fund may justify, but in no case shall such board be authorized to incur any liabilities in excess of tlie available funds on hand. 307. Privileges of library. 4. Any resident of said city shall ])e entitled to the use of the books in such library free of charge upon compliance with such rules and regulations as may be prescribed by the Board of Directors, and the Board of Di- rectors may prescribe such rules and regulations as they may see fit for the government and control of such libraries, if the said rules and regulations are not in conflict with any order of the Common Council of such city with reference to such library, and the government and control thereof. Such Board of Direc- tors shall make a detailed report to the Common Council at the end of each annual term, accompanied by the report of the treasurer and showing all receipts and expenditures by him, and attested by the president and secretary. Such directors shall serve without compensation for services. > 308. Removal of Directors. 5. The Common Council or the Mayor, upon cause shown, may at any time remove any member of the Board of Library" Directors, and upon such re- moval or the creation of a vacancy otherwise, the Mayor shall fill the vacancy by appointment. 309. Library fund. 6. The tax authorized by Section 1 of this act shall be levied and collected as other taxes are levied and collected, but shall constitute a special fund to be known as the library fund. 250 SCHOOL LAW OF INDIANA. [1865, p. 3. Approved and in force March 6, 1865.] 310. Township Trustee in charge. 136. Such library shall be in charge of the Township Trustee, shall be deemed the property of the township, and shall not be subject to sale or alienation from any cause whatever. (11. S. 1881, §4529; R, S. 1894, § 6020 ; E. S. 1897, § 6245.) 1. Note. This section is, repealed, except so much as relates to sale or alienation of the library. 311. -Trustee's duties. 137. Such Trustee shall be ac- countable for the preservation (?f said library; may prescribe the time of taking and the period of retaining books ; assess and recover damages done to them by any person ; and adopt regulations necessary for their preservation and usefulness. He shall provide book-cases ; also, blank books, ruled, in which to keep an account of books taken out and returned; and re- port the number each year to the County Superintendent. At the commencement of each school term, at each school house in the township, he shall cause a notice to be posted up, stating where the library is kept, and inviting the free use of the books thereof by the persons of the township. (R. S. 1881, § 4530 ; R. S. 1894, § 6021 ; R. S. 1897, § 6246.) 1. Note. This section is repealed, except so much as relates to giving notice where the library is kept. 312. Use of books. 138. Every family in the township shall be entitled to the use of two volumes at a time from said library, whether any member of such family shall attend school or not. (R. S. 1881, §4531; R. S. 1894, §6022; R. S. 1897, §6247.) 313. "Where kept. 139. The Trustee may deposit the library at some central or eligible place in the township, for the convenience of scholars and families, and may appoint, for that purpose, a librarian to have the care and superintendence there- of. (R. S. 1881, § 4532 ; R. S. 1894, § 6028 ; R. S. 1897, § 6248.) 1. Note. The Township Library Commission has charge of the library. 2. It is quite probable that the courts would hold sections 312 and 313 void on account of subsequent legislation. 314. When open. 140. The library shall be open to all persons entitled to its privileges throughout the year, without regard to school sessions, Sundays and holidays excepted. (R. S.1881, §4533; R. S. 1894, §6024; R. S. 1897, §6249.) SCHOOL LAW OF INDIANA. 251 [1885, p. 9. Approved and in force February 18, 1885.J 315. Tax levy for library. 1. Any township in which there has been, or may hereafter be, established by private dona- tions, a library of the value of one thousand dollars, or more, for the use and benefit of all the inhabitants thereof, the Town- ship Trustee of such township shall annually levy and collect not more than one cent on the hundred dollars upon the taxa- ble property within the limits of such township, which shall be paid to the t-rustees of such libraiy, and be applied by them to the purchase of books for said library, and may, with the con- sent of the Board of Commissioners of the county, when it shall become necessary to erect or enlarge a library Imilding, annually, for such period as may be necessary, lev}^ and collect not more than five cents on the one hundred dollars upon the taxable property of said township, for not more than three years successive!}^, which shall be expended by the Trustees in the erection or enlargement of a library building. (R. S. 1894, §4986; R. S. 1897, §''5150.) 1. Note. There is an act (Acts 1901, p. 187) which applies only to the city of Jeffersonville. 2. Section 315, above, is probably void on account of subsequent legislation. [1899, p. 228. Approved and in force March 2, 1899.] 316. Office of librarian abolished. 1. In any township in this State in which there has been or may hereafter be estab- lished by private donations a library of the value of one thou- sand dollars or more, for the use and benefit of all the inhabi- tants thereof, the Board of Commissioners of the county in which such township is situated may, upon due proof thereof, by proper order entered upon its records, abolish the ofiice of township librarian and require and order that the township library in the hands of the Township Trustee or the librarian thereof (including all the books, papers, records, furniture and paraphernalia pertaining thereto), be turned over and trans- ferred to the Trustees or other managing officers of such library established, as aforesaid. 1. Note. This and the next section are probably repealed bv sections 252 to 303. 317. Library discontinued. 2. That in the event said Library Association so established or to be established, shall 252 SCHOOL LAW OF INDIANA. from any cause cease to exist or to perform its duties to tlie inhabitants of such township, then all its property of every kind shall be turned over to and become the property of such township. 318. Legalizing section. 3. All Library Associations of this State which purport to have been organized and estab- lished pursuant to the provisions of the laws of this State, for the use and benefit of all the inhabitants of any township in this State, and to which private donations to the amount of one thousand dollars or more have been subscribed, are hereby legalized, made valid and declared to be legal library corpora- tions within the purview of this act, and all records, proceed- ings, subscriptions to and acts of the said Library Associations are hereby ratified, legalized and made valid. CHAPTER XYIII. HISTORICAL SOCIETY. Sec. 319. Appropriation out of county treasury- Kooms and vaults. 320. Society discontinued — Eifect. 321. More than one society in county. Sec. 322. Control of rooms and vaults. 323. Control of rooms after society discon- tinued. [1901, p. 542. Approved March 11, 1901. In force May, 1901.] Appropriation out of county treasury — Rooms and vaults. 1. Ill any county of the State of Indiana where there now is or may hereafter be a historical society, or local branch of a historical society which at the time of making petition, shall have maintained its organization and have been actively engaged in the collection of data and material for, and in the preservation of county and State history and biography for a period of not less than five consecutive years, during which it shall have held at least one meeting in each year at which papers shall have been read or addresses made, in the presence of the public, upon matters connected with the history of the county and State, the County Council of such county may, upon the petition of the president and secretary of such his- SCHOOL LAW OF INDIANA. 253 torical society and not less than fifty voters and taxpayers of the county, having been presented to the County Commission- ers at a regular session of the Board, and by the Commissioners referred to the County Council at a regular or called session thereof, with estimates and recommendations as to amounts of such appropriation, or appropriations, as provided for in Section nineteen (19) of an act entitled an act concerning county busi- ness, approved March 3rd, 1899, appropriate out of any moneys in the county treasury, not otherwise appropriated, a sum, or suras of money not to exceed in the aggregate five thousand dollars (|5,000) for the construction and furnishing of rooms and fireproof vaults for the meetings of such historical society and for the preservation of the records of such society and his- torical papers, souvenirs and natural history collections. Such sum of five thousand dollars or less, to be appropriated at one time or at various sessions of the County Council ; such rooms and vaults to be provided in connection with count}" courthouses or constructed separately upon land belonging to the county and to be the property of the county. Such rooms and vaults to be built and maintained for the purposes enumerated in this act by the County Commissioners and under their supervision as provided in Section thirty-one (31) of an act entitled an act concerning county business, approved March 3rd, 1899. 320. Society discontinued — Effect. 2. Should the his- torical society for which and upon whose petition such rooms and vaults shall have been provided by the county, as pre- scribed in this act, fail or voluntarily surrender to the county its rights and privileges thereto, or discontinue its meetings for a period of two consecutive years, all its papers, records, collec- tions of every kind and furniture shall become the property of the county, and the County Commissioners shall provide for the safe keeping of the same before subjecting the rooms or vaults to other uses of or by the county; but this provision shall not be so construed as to prevent persons who shall have con- tributed papers or historical or biographical data from making- copies thereof for their own private use and profit. 321. More than one society in County. 3. Should there at any time be more than one reputable historical society, society devoted to some branch of historical or biological investiga- 254 SCHOOL LAW OF INDIANA. tions in any county in wliicli such rooms and vaults or perma- nent buildings as are provided for in this act shall have been built, it may be admitted to their use upon such conditions, to- be determined by the County Commissioners, as shall not inter- fere with the rights and privileges of the original society ; but appropriations of money shall be made only for one set of rooms and vaults or separate buildings for such purposes in the county. 322. Control of rooms and vaults. 4. Such rooms, or buildings and vaults, as may be constructed in any county of the State of Indiana, under the provisions of this act shall be under the joint control of the historical society for the uses of which they shall be constructed, and its legitimate successors, and the Board of County Commissioner under such rules as they may, by their concurrent action, establish ; but such his- torical society or societies shall alone be responsible for all bills for printing, publication, stationery, records and other expenses of every kind incurred in the prosecution of its or their work, except such costs for the construction and maintenance of the rooms or buildings and vaults as are heretofore provided for in this act. 323. Control of rooms after society discontinued. 5. Upon or after the forfeiture or voluntary surrender of the occu- pancy of the rooms or buildings and vaults to the county by the historical society for which they were constructed, the County Commissioners may place them in charge of another society or- ganized for similar purposes as the original society, if such society exist in the county, or shall be organized to the satisfac- tion of the board ; but preference shall be given to a resumption of the old society, or a reorganization thereof, and any society that shall accept the use and care of the property and occupancy of the rooms or buildings and vaults, shall be accountable to the county for the same and they shall continue to be the property of the county as in the first case. The purposes of this act being to create and perpetuate a system for the collection and preservation of local and general history, making a record of the progress of the several counties of the State, and providing permanent nuclei for individual and family history and local ob- servation of natural phenomena, SCHOOL LAW OF INDIANA. 255 CHAPTER XIX. GENERAL PEOVISIONS. Sec Sec 324. Suits, how brought. 329. Oaths. 325. Costs. 330. Women eligible to school oflftces. 326. Process, how executed. 331. Bond binding. 327. Appeals from Township Trustee. 332. When Township Trustee elected. 328. Appeals from County Su perintendent. 333. County Commissioners fill vacanc [1865, p. 3. Approved and in force March 6, 1865.] 324. Suits, how brought. 145. Suits brought on behalf of the schools of any township, town or city, shall be brought in the name of the State of Indiana, for the use of such towai- ship, towni or city. (R. S. 1881, § 4534; R. S. 1894, § 6025; R. S. 1897, § 6250.) 1. How Suit May Be Brought. An action brought in the name of the State, for the use of a city, "as a distinct municipal corporation for school pur- poses," is rightly brought. — Hadley v. State, 66 Ind. 271. 2. How Should Be Brought. Bringing an action in favor of the township witliout designating it as a school township will be construed as bringing it in favor of the civil township, and not in favor of the school township. — Utica Tp. V. Miller, 62 Ind. 230; Jarvis v. Shelby Tp., 62 Ind. 257. 325. Costs. 146. Any person who shall sue for, or on account of, any decision, act, refusal or neglect of duty of the Township Trustee, for which he might have had an appeal, according to the provisions of the preceding section, shall not recover costs. (R. S. 1881, § 4535; R. S. 1894, § 6026; R. S. 1897, § 6251.) 1. Note. The "preceding section " here referred to evidently means ? 327. The costs are the costs made in the court. 326. Process, how executed. 144. Process in such suits against a school township, town or city, shall be by summons, executed by leaving a copy thereof with the Trustee [or School Trustees] of such township, town or city, ten days before the return-day thereof; and in case of an appeal, similar notice of the time of hearing thereof shall be given. (R. S. 1881, § 4536 ; R. S. 1894, § 6027 ; R. S. 1897, § 6252.) 256 SCHOOL LAW OF INDIANA. 327. Appeals from Township Trustees. 164. Appeals shall be allowed from decisions of the [Township] Trnstees, rel- ative to school matters, to the County Superintendents, who shall receive and promptly determine the same, according to the rules which govern appeals from Justices of the Peace to Circuit Courts, so far as such rules are applicable ; and their de- cisions of all local questions relating to the legality of school meetings, establishment of schools, and the location, building, repair, or removal of school houses or transfer of persons for school purposes, and resignation and dismissal of teachers, shall be final. (R. S. 1881, §4537; R. S. 1894, §6028; R. S. 1897, § 6253.) 1. Location of LIouses. The County Superintendent has no power, on appeal, to require a school house to be erected on land not belonging to the town- ship. Otherwise his decision is final, but only as to the particular case before him. The Trustee may at once relocate at a different place. — Koontz v. State, 44 Ind. 323; State v. Mewhinney, 67 Ind. 397. After the location has been fixed by the County Superintendent, on appeal, the Township Trustee may change it, subject to appeal. But if there be no sub- sequent change after the County Superintendent has determined upon the loca- tion, the Trustee may be compelled, by mandate, to execute the oi"der. — Trager v. State, 21 Ind. 317. No appeal to the Superintendent can be taken from the action of a Trustee in making a contract with any one, either for building a school house, or like con- tracts, nor in regard to any criminal or fraudulent act of a Trustee, nor upon the mere breach of a contract, iior upon the dismissal of a teacher in a city or town. This is a question for the courts. — City of Crawfordsville v. Hays, 42 Ind. 200. A suit to set aside a contract for the building of a school house, and to enjoin the doing of the work, on the ground of fraud on the part of the Township Trustee in making the contract, is properly brought in the name of the State for the use of the township; for the remedy provided by an appeal to the County Examiner is not exclusive in such cases, the matter involved not being "a local question relat- ing to the building of school houses." — State v. Earhart, 27 Ind. 119. But the remedy of appeal to the Superintendent is exclusive when "relative to school matters," and for the purpose of preventing vexatious and expensive litigation it is provided that his decision shall be final in regard to certain enumerated sub- jects. — Fogie V. Gregg, 26 Ind. 345. Eegulations adopted by persons in charge of a school are analogous to by-laws enacted by municipal and other corporations, and both will be annulled by the courts, when found to be unauthorized, against common right, or palpably unrea- sonable.^ — State V. White, 82 Ind. 278. 2. Extent of Jurisdiction of Courts. Upon any question arising out of the dismissal of a teacher, if the teacher has suffered an}' damages, he may bring a suit against the township to recover whatever loss he has sustained. The court can only examine whether just cause existed for his dismissal, in order to see if he is entitled to damage for a wrongful dismissal, but can not reinstate him as a SCHOOL LAW OF INDIANA. 257 teacher, for as to that the Siiperinteiident's decision is final. But on all tho.se questions relating to the government and control of schools and school buildings, and school regulations, such as the establishment of schools, and the location, building, repair or removal of school house, or transfer of persons for school pur- I)Oses or even the attachment of a person to a certain school, and resignation of teachers, his decision is final, and no action can be maintained in the courts touching the same. This must necessarily be so, for courts can not undertake the superintendency of school matters. Upon a question of fraud in holding a school meeting, it is difficult to see how any question can arise so that courts can exercise any jurisdiction over it; it is believed there is none. 3. Trial of Appeals. When the County Superintendent has received a complete transcript of the case in controversy, he should fix a day for the trial, and all parties to the case should be notified of the subject matter and the time and place of the trial. The case should then be tried de novo. No case should be decided by the Superintendent from the transcript alone, without first giving all parties an opportunity to be heard. If after sufficient notice either appellee or appellant fails to appear, then, and only then, should the case be decided from the transcript. Upon appeal the case is tried de novo upon its merits. 4. Superintendent's Decision Final. The Superintendent's decision pro- hibiting the erection of a school house on a location selected by the Trustee is within his jurisdiction, and is final and binding on the Trustee. — Knight v. "Woods, 129 Ind. 101. 5. Trustee's Discretion. If a Trustee, acting in good faith, discontinues a school on account of the smallness of the attendance, the courts will not review his decision, nor will mandamus lie to compel him to re-establish the school. — Tufts V. State, 119 Ind. 232. * 6. Record of Decision. Failure or refusal on the part of a Trustee to make a record of his decision will not prevent an appeal being taken to the County Su- perintendent.— Tufts ?;. State, 119 Ind. 232. 7. Kefusal to Decide. A refusal of a Trustee to decide a question pre- sented properly to him will not pi-event an appeal being taken from him; for his refusal is a decision against the person who made the request for a decision. — O'Brien v. Moss, 131 Ind. 99. 8. Transfer. An appeal lies from a refusal of a Trustee to make a transfer of a pupil. Edwards v. vState, 143 Ind. 84. 9. Location of School House. An appeal lies from the Trustee concern- ing the location of a school house. — Kessler v. State, 146 Ind. 221. So of a joint school house. — Henricks v. State, 151 Ind. 454. 328. Appeals from County Superintendent. 165. Ap- peals shall be allowed from the decisions of County Superin- tendents to the Superintendent of Public Instruction on all matters not otherwise provided for in the next preceding sec- tion ; and the rules that govern appeals from Justices of the Peace to the Circuit Courts as to the time of taking an appeal, giving bonds, etc., shall be applicable in appeals from County Superintendents to the Superintendent of Public Instruction. (R. S. 1881, §4538; R. S. 1894, § 6029; R. S. 1897, § 6254.) 17— ScH. Law. 258 SCHOOL LAW OP INDIANA. 1. Pboceduee. The same rules in regard to the time allowed for taking an appeal and for making transcript, etc., a^^ply in case of appeals to the State Superintendent as to the County Superintendent. The County Superintendent should make a transcript of the recoi'd, and send it, together with all papers in the case, to the State Superintendent, with his certiticate indorsed thei-eon. He must specifically certify to the facts, for example, that A B applied for a certifi- cate on a certain day, that upon examination a license was refused on certain grounds, that the inclosed papers are those made by the applicant, upon which he was rejected. A copy of the questions used and the appeal bond should also be sent. In case a refusal to license is based upon the County Superintendent's personal knowledge, he should make a statement of the facts, verified by afiidavit, and forward it, together with corroborative testimony, and the testimony given in favor of the accused. If an appeal is taken in due form, the State Superin- tendent may require the County Superintendent to forward the papers to him, and, upon refusal, may visit the county and make an examination into the facts of the case, and render a decision that will be binding on all parties interested. 2. Trial, by State Superintendent. The appeal is tried by the Superin- tendent of Public Instruction upon the papers sent up. Additional aflidavits may be filed with him and witnesses examined. I^arties may appear before him, and a complete trial be had, the same as before the County Superintendent. An applicant for a license, who desires to appeal, should be allowed thirty days from the time the County Superintendent's decision is rendered, not from the time of examination. If the license is denied because of immorality, the County Super- intendent should specify in what particular the immorality consists. On appeal the Superintendent of Public Instruction can not grant a license; he can only order the County Superintendent to grant one. Should the latter refuse to grant it, a mandamus, at the instance of the teacher, would lie to compel him to ob^ the direction of the State Superintendent. If an appeal is taken and the County Superintendent refuses to send up the papers, a mandamus will lie to compel him to send them. Or the Superintendent of Public Instruction can visit the county and try the case there. Merely writing a letter to the Superintendent of Public Instruction by the party desiring to appeal, and stating that he appeals from the decision of the County Superintendent, does not constitute an appeal. The initiatory steps must be taken in the matter with the County Superintendent. 3. Appeal as to Whole Cause. An appeal must be taken as to the whole case.— State v. Miller, 63 Ind. 475. 4. Case Tried De Novo. On appeal the case is tried de novo on its merits. 166. School officers are hereby authorized and empowered to admhiister all oaths relative to school busi- ness appertaining to their respective offices. (R. S. 1881, § 4539 ; R. S. 1894, § 6030 ; R. S. 1897, § 6255.) [1881, S. p. 718. Approved April 14, 1881. In force September 19, 18S1.] 330. Women eligible to school offices. 1. Any woman, married or single, of the age of twenty-one years and upwards, and possessing the qualifications prescribed for men, shall be SCHOOL LAW OF INDIANA. 259 eligible to any office under tlie general or special school laws of tills State. (R. S. 1881, § 4540; R. S. 1894, § 6031; R. S. 1897, § 6256.) 331. Bond binding. 2. Any woman elected or appointed to any ofHce under the provisions of this act, before she enters upon the discharge of the duties of the office shall qualif}^ and give bond as required by law, and such bond shall be binding upon her and her securities. (R. S. 1881, § 4541 ; R. S. 1894, §^6032; R. S. 1897, § 6257.) [1897, p. 69. Approved February 25, 1897. In force AprilM, 1897.] 332. When Township Trustee elected. 1. The time of holding the election of Township Trustees and Assessors shall be changed from the general election on the first Tuesday after the first Monday in IToveraber, 1898, to the general election on the first Tuesday after the first Monday in jS'ovember, 1900, and at the general election on the first Tuesday after the first Monday in JSfoveraber of every fourth 3'ear thereafter. Said Township Trustees and Assessors shall C|ualify as now provided by law, and enter upon the discharge of the duties of their respective offices at the expiration of ten days after such election. (4) The names of the ditferent candidates for said township offices shall be printed on separate ballots of a yellow color and deposited in separate ballot boxes from that of the State and county ballots. Said ballot boxes shall be painted yellow, and said ballots and ballot boxes shall be prepared in conformity with the law governing said general election. (R. S. 1897, §6590.) 1. Legalized. The appointment of a successor for a Trustee who had become insane was legalized in 1895. — Acts 1895, p. 57. 2. Valid. This section is valid. — State v. Menaiigh, 151 Ind. 260; Larned r. Elliott, 155 Ind. 702; State v. Wells, 144 Ind. 231. [1859, p. 220. Approved and in force February 15, 1859.] 333. County Commissioners fill vacancy. 9. All vacan- cies in the office of Township Trustee shall be filled by the Board doing county business in term time, or by the [Count}^] Auditor in vacation ; and every Trustee so appointed shall con- tinue in office till his successor is elected aiid qualified. (R. S. 1881, § 5996; R. S. 1894, § 8071 ; R. S. 1897, § 8462.) 260 SCHOOL LAW OF INDIANA. 1. Still, in Force. This act is still in force, and the Commissioners can fill vacancies that occur during a regular session of the Board. — Cooper v. State, 113 Ind. 70. 2. When Can Be Filled. A vacancy can not be filled when the Board meets in special term to do a particular act specifically required of it by statute. — Heim v. State, 145 Ind. 605. CHAPTER XX. COMPULSORY EDUCATION. SEC. SEC. 334. All children must attend school — Age. 340. Parental home — Incorrigible child. 335. County Truant Officers - Duties — Mis- 341. Confirmed truant. demeanor. 342. Tax. 336. Truant Officers in cities and towns. 343. Enumeration. 337. Compensation of truant officers. 344. Names of children furnished Truant 338. Reports. Officers. 339. Poor children— Assistance. 345. Laws repealed. [1901, p. 470. Approved and in force March 11, 1901.] 334. All children must attend school — Age. 1. Every parent, guardian, or other person in the State of Indiana, hav^- ing control or charge of any child or children between the ages of seven (7) and fourteen (14) years, inclusive, shall be required to send such child or children to a public, private or parochial school or to two or all [more] of these schools, each school year, for a term or period not less than that of the public schools of the school corporation where the child or children reside : Pro- vided, fu7-ther, That no child in good mental and physical condi- tion shall for any cause, any rule or law to the contrary, be pre- cluded from attendino' schools wdien such school is in session. 335. County Truant Officers — Duties — Misdemeanor. 2. The County Board of Education of each county shall consti- tute a Board of Truancy whose duty it shall be to appoint on the first Monday in May of each year one Truant Officer in each county^ The Truant Officer shall see that the provisions of this act are complied with, and wdien from personal knowl- edge or by report or complaint from any resident or teacher of the township under his supervision, he believes that any child subject to the provisions of this act is habitually tardy or ab- SCHOOL LAW OP INDIANA. 261 sent from sclioo], lie shall immediately give written notice to the parent, guardian, or custodian of such child that the attend- ance of such child at school is required, and if within five (5) days such parent, guardian or custodian of said child does not comply with the provisions of this section, then such Truant Otficer shall make complaint against such parent, guardian or custodian of such child in any court of record for violation of the provisions of this act : Provided, That only one notice shall he required for any child in any one j^ear. Any such parent, guardian or custodian of child who shall violate the provisions of this act shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five (|5.00) nor more than twenty -five dollars ($25.00), to which may be added, in the discretion of the court, imprisonment in the county jail not less than two nor more than ninety days. 336. Truant Officers in cities and towns. 3. A city hav- ing a school enumeration of five thousand or more children, or two or more cities and towns in any county having a combined school enumeration of five thousand or more, may, in the dis- cretion of the County Board of Truancy, constitute a separate district for the administration of this act. Cities containing a school enumeration of ten thousand children or less shall have but one Truant Ofiicer. Cities containing a school enumeration of more than ten thousand and less than twenty thousand chil- dren shall have two Truant Officers. Cities containing a school enumeration of twenty thousand and less than .thirty thousand children shall have three Truant Ofiicers. Cities containing a school enumeration of thirty thousand and less than forty thou- sand children may have four truant ofiicers. Cities containing a school enumeration of more than forty thousand children may have five Truant Ofiicers to be selected by the Board of School Commissioners. The Truant Officers of cities and such separate districts shall enforce the provisions of this act in the manner and under such penalties as are prescribed by Section 2 of this act. Truant Officers of cities mentioned in this section shall be appointed by the Board of School Trustees or Board of School Commissioners, respectively, of the city. 337. Compensation of Truant Officers. 4. The Truant Ofiicers provided for in this act shall receive from the county 262 SCHOOL LAW OF INDIANA. treasury two [dollars] ($2) for each day of actual service, to be paid by the County Treasurer upon warrant signed by the County Auditor: Provided, That no County Auditor shall issue a warrant upon the county treasury for such service until the Truant Officer shall have filed an itemized statement of time employed in such service ; and such statement shall have been certified to by the Superintendent or Superintendents of Schools of the corporation or corporations in which such Truant Officer is employed and such claim have been allowed by the Board of County Commissioners : Provided, further, That no Truant Officer shall receive pay for more da^^s than the average length of school term, in the county, cities or towns under his super- vision. ]. Note. See Board v. Marr, 22 Ind. App. 539. 338. Reports. 5. All school officers and teachers are here- by required to make and furnish all reports that may be re- quired by the Superintendent of Public Instruction, by the Board of State Truancy or the Truant Officer, with reference to the workings of this act. 339. Poor children — Assistance. 6. If any parent, guar- dian or custodian of any child or children is too poor to furnish such child or children with the necessary books and clothing with which to attend school, then the School Trustee of the town- ship, or the Board of School Trustees or Commissioners of the city or incorporated town where such parent, guardian or cus- todian resides shall furnish temporary aid for such purpose, to such child or children, which aid shall be allowed and paid upon the certificate of such officers by the Board of County Commissioners of said county. Such Township Trustee, or Board of School Trustees, or Commissioners shall at once make out and file with the Auditor of the county a full list of the children so aided, and the Board of County Commissioners at their next regular meeting, shall investigate such cases and make such provision for such child or children as will enable them to continue in school as intended by this act. 1. Note. See Shelby County Council v. State, 155 Ind. 216; same ease, 57 N. E. Eep. 722. SCHOOL LAW OF INDIANA. 263 340. Parental home — Incorrigible child. 7. School Com- misssoiiers, Trustees and Boards of Trustees are empowered to maintain, either within or without the corporate limits of their corporations, a separate school for incorrigible and truant chil- dren. Any child or children who shall be truant or incorrigible may be compelled to attend such separate school for an indeter- minate time. 341. Confirmed truant. 8. Any child who absents itself from school habitually may be adjudged a confirmed truant by the Truant Officer and Superintendent of the Schools of the county or city. Such confirmed truant may be sentenced by the Judge of the Circuit Court to the Reform School for Boys, if a boy, or the Industrial School for Girls, if a girl, provided its age is within the limits set for admission to such institution. If deemed advisable by said Judge, such incorrigible child or children may be sent to such other custodial institution within the State as may be designated by him. For its maintenance in such custodial institution, the school corporation in which it resides shall pay at the legal rate for supporting dependent children, twenty-five cents (25c) per day, with such expenses of transportation as are necessary. 342. Tax. 9. For the defraying of the increased expendi- ture necessary for the carrying out of the purposes of this act Trustees of school townships, Boards of School Trustees or Commissioners of cities and towns and Boards of School Com- missioners are hereby empowered to levy in addition to any and all sums heretofore provided by law, any amount of special school revenue not exceeding ten (10) cents on the hundred (100) dollars of taxable property, such taxes to be levied and collected as all other special school revenue. 343. Enumeration of children. 10. In order that the provisions of this act may be more definitely enforced it is hereby provided that the enumerators of school children in taking the annual school census shall ascertain and record the place and date of birth of every child enumerated, and the parent, guar- dian or custodian of such child shall subscribe and take oath or affirmation that such record is true. The enumerator is hereby 2(54 SCHOOL LAW OF INDIANA. empowered to administer such oath or affirmation, and any parent', guardian or custodian of any child who shall refuse to take such oath or affirmation shall he adjudged guilty of a mis- demeanor and upon conviction thereof shall he fined any sum not less than one dollar (|1.00). 344. Names of children furnished Truant Officer. 11. On the first day of school the Trustees, Boards of Trustees, or Commissioners of school corporations, shall furnish the Truant Officer with the names of the children of compulsory age wdio are enumerated on the regular enumeration lists. These names shall be alphabetically arranged and shall give all the informa- tion contained in the regular enumeration returns. The County Commissioners shall provide necessary postage and such blanks as may be required by the State Board of Truancy or the State Superintendent of Public Instruction. Laws repealed. 12. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. CHAPTER XXL TOWNSHIP ADVISOEY BOARD. Sec. 346. Advisory Board. 347. Taxpayers may attend. 348. Annual meetings — Expenditures and levy. 349. Estimate of expenditures. 350. Compensation of Board, if desired. 351. Special meetings of Board. 352. Financial record. Sec. 353. Annual settlement with the Board. 354. Trustee's term. 355. New school house — School supplies. 356. Trustees' pay. 357. Contracts void. 358. Appointment of first members of Board. [1899, p. 150. Approved February 27, 1899. In force April 28, 1899.1 346. Advisory Board. 1. At the time of electing Town- ship Trustees the voters of the several townships shall elect an Advisory Board, consisting of three (3) resident freeholders and qualified voters of the township. The members of such Board shall subscribe and file with the Trustee an oath to faithfully and honestly discharge their duties as prescribed by law. Their SCHOOL LAW OF INDIANA. 265 term of office sliall be for two j-ears from the day following their first election and until their successors are elected and qualiiied, and the term of office shall thereafter be for the term of four years from the day following their election and until their successors are elected and qualified. If a vacancy occurs . in said Board it shall be filled by the remaining members of the Board for the unexpired term. They shall meet annually on the first Tuesday of September, at a convenient place in the tow^nship, notice of which shall be given as hereinafter provided in section 3. At such annual meeting the members of such Board shall elect one of their members chairman for that year. Two (2) members shall constitute a quorum. At such meeting the Board shall consider the various estimates of township expenditures proposed by the Tow^nship Trustee, and shall have power to concur in such estimates, or in any part thereof, or to reject any proposed item, in whole or in part. Any existing indebtedness need not be paid until due. And the Advisory Board, at the first annual meeting, may apportion the payment of any existing indebtedness other than to the county or for current expenses for a named term not exceeding five years. When they shall have determined upon the estimates and amounts for which taxes should be levied upon the property and polls within said township for the ensuing year, they shall then determine and fix the rates of taxation upon such property and polls as to the estimated purposes severally. The rates so deter- mined by such Board they shall then certify to the County Auditor, who shall place the same upon the tax duplicate, and the same shall be collected and enforced as prescribed by law. The rates so prescribed shall be deemed a levy and lien upon the property of such township from and after the first day in April of such year, and such levy shall be deemed an appropri- ation for the specific purposes for which such estimates are fixed. Such Board shall keep a record of their proceedings in a separate book to be furnished by such Trustee, and kept as a part of the records of the township, to be known as the Eecord of the Advisory Board of such township, and to remain in the custody of the chairman of such Board. Said Board shall elect one of its members secretary for said Board, wdio shall record the proceedings thereof at any meeting, in full, under the direc- 266 SCHOOL LAW OF INDIANA. tion of the Board, which shall be signed before the Board adjourns. Any meeting may adjourn from day to day till the business is completed. 1. For forms and a discussion of this law, see Thornton's Complete Guide for Township Officers, sections 111 to 119. 347. Taxpayers may attend. 2. At any session of such Board, any taxpayer of the township may appear and be heard as to the advisability of any estimate or estimates of expendi- tures, or any proposed levy of taxes, or the approval of the Township Trustee's report or any other matter being considered by the Board. 348. Animal meeting — Expenditures and tax levy. 3. The Trustee shall at least thirty (30) days, and not more than forty (40) days, before the annual meeting of the Advisory Board, in each year, post at or near the door of all postoffices in the township, a statement of the several estimates and amounts of the proposed annual expenditures, and the rates of taxation proposed for levy against the property within such township, for the several funds to be expended for his township during the calendar year, and also copies of such notice shall be published one time in the issue printed in the first week of August of each year in the two leading newspapers published in the county, representing the two political parties casting the highest number of votes in such county at the last preceding general election, and one publication in a newspaper in the township interested, if there be a paper published therein. The cost of such publication shall not exceed two dollars in an}' one year to any one paper, and the cost of necessary copies for posting and delivery to the Board shall not exceed one dollar and fifty cents in any one year. And he shall furnish within like periods to each of the members of the Advisory Board a statement of such estimates and amounts. Such statement shall contain a notice of the place of meeting of the Advisory Board, and shall be substantially in the following form : EXPENDITURES AND TAX LEVIES FOR THE YEAR—. The Trustee of township, county, proposes for the yearly expenditures and tax levies by the Advisory Board at SCHOOL LAW OF INDIANA. 267 its annual meeting, to be lield at the school house of School Distri'jt Xo. — , the following estimates and amounts for said year : 1. Township expenditures, $ , and township tax, — cents on the hundred dollars. 2. Local tuition expenditures, $ , and tax, — cents on the hundred dollars. 3. Special school tax expenditures, | , and tax, — cents on the hundred dollars. 4. Road tax expenditures, | , and tax, — cents on the hun- dred dollars. 6. Additional road tax expenditures, $ , and tax, — cents on the hundred dollars. 6. Librar}" expenditures, $ , and tax, — cents on the hun- dred dollars. 7. Poor expenditures for preceding year, $ , and tax, — cents on the hundred dollars. 8. Other items, if any, expenditures, $ , and tax, — cents on the hundred dollars. Total expenditures, $ , and total tax, — cents on the hundred dollars. (Dated) (Signed) , Trustee. The Trustee shall procure and lay before the Advisory Board at the annual meeting thereof, the assessed valuation of the tax- able property of the township for such year, and also the num- ber of taxable polls in such township. 349. Estimates of expenditures. 4. The Trustee shall attend all of the meetings of the Advisory Board, and at the annual meeting thereof, after the Board shall have organized, he shall present a detailed and itemized statement in writing of his estimated expenditures for which appropriations are asked, specifying the number of teachers necessarily employed, their salaries respectively, the number of days deemed necessary for the discharge of the duties of his office, and the days of the week or month when they can be most advantageoush'^ per- formed, the extent of needed bridge and highway repairs, an accurate, itemized list of all the property and supplies on hand, whether in use or in store, for road, school and other purposes 268 SCHOOL LAW OF INDIANA. and estiiiiated value thereof, the items of school supplies neces- sary for each school, the condition of pauperism in the town- ship, including the names of such persons as have received puhlic aid since the taking effect of this act, and since the last annual meeting of the Eoard with the respective amounts re- ceived b}^ each person. And also the items, severally, to be charged against the township fund, including salaries, station- ery, printing and records and supplies to be furnished to the Justices of the toAvnship, the Trustee's compensation, and his office rent, where an office is authorized by the Board, and any other items of expense payable from said fund; and he shall submit to such inquiries concerning the expenditures of his office as the Board, or the taxpayers present, may deem proper to make. The Advisory Board shall have full power to require any estimate, not sufficiently itemized, to be so itemized by thf? Trustee, and to appropriate for any purpose a sum not greater than that estimated in the item therefor, except by the unani- mous vote of the Board, and not otherwise, an appropriation may be made for an item not contained in any estimate, or for a greater amount than that named in any item of an estimate. 350. Compensation of Board, if desired. 5. In making the levies for the township fund, if said Board shall desire com- pensation for their services to the township, they may add a sum not exceeding five dollars ($5.00) for the service of each member during the year for which the levy is made, payable out of such fund. [1901, p. 415. Approved March 11, 1901. In force May, 1901.] 351. Special meetings of the board. 6. Upon a special call of the Township Trustee or the chairman of the Advisory Board or a majority of the members of said board, given in writing to each member thereof, stating the time, place and purpose of the meeting, said board may, if a quorum be present, >by consent of all the members present, determine whether an emergency exists for the expenditure of any sums not included in the existing estimates and levy. In the event that such an emergency is found to exist said board may authorize by special order entered and signed upon the record, the Truste? to borrow SCHOOL LAW OF INDIANA. 269 a sum of money to be named sufficient to meet such emergency ; and at the next annual session of the board a levy shall be made to the credit of the fund for which such expenditure is made to cover and pay the debt so created : Provided, however. That if at any annual or special meeting of said board, it shall be found indispensably necessary to provide for the construc- tion of a school building, the cost of which building or the pro- portionate cost thereof if the same be a joint graded high school building will be in excess of the sum available therefor out of any annual levy, then in that event, such board may au- thorize such Trustee to issue township warrants or bonds to pay for such building, or the proportionate cost thereof, such war- rants or bonds to run for a period of not exceeding five (5) years ; and to bear not exceeding six per centum per annum, and to be sold for not less than par ; and such board shall aniiu- all}' levy sufficient taxes to pay at least one-fifth of such war- rants or bonds, with interest, each year, and the Trustee shall apply such annual tax to the payment of such warrants or bonds each year. In no event shall a debt of the township be created except by the Advisory Board of such township, and in the manner herein specified, and any payment of any debt not so authorized from the public funds of such township shall be recoverable upon the bond of the Trustee in a suit, which it is hereby made the duty of said board to institute and prosecute in the name of the State, for the use of said township. And said board is hereby empowered to appropriate, and the Town- ship Trustee shall pay out of the township funds a reasonable sum for attorney's fees for such purpose. And if the board, on the written demand of any taxpayer, fails for thirty (30) days to bring suit, then such or any other taxpayer may bring the same, in the name of the St'ate, for the use of the township. [1899, p. 150. Approved February 27, 1899. In force April 28, 1899,] 352. Financial record. 7. Each Township Trustee in this State shall procure and keep a book, to be known as the Financial Record of the township, in which the Trustee shall keep an itemized and accurate account of the financial affairs thereof, charging himself with each sum of money when and as received, from every source, giving the date, from whom re- ceived, and on account of what fund it is credited. He shall 270 SCHOOL LAW OF INDIANA. likewise credit himself Avitli all moneys when and as paid out, showing when, on what account, and to whom and out of what fund paid. It shall be the duty of the Auditor of the State of Indiana to frame and adopt a form of such book, to be used by all the Township Trustees throughout the State. Such book shall be a public record: Provided, however, That the Auditor shall not adopt any patented or copyrighted form and nothing herein shall authorize him to contract with any person, partner- ship, or corporation, for the publishing of such forms. The act entitled, "An act prescribing certain duties of Township Trus- tees, providing for the appointment and compensation of an Auditing Board, prescribing its duties and declaring an emer- gency," approved March 8, 1897, is hereby repealed. [1901, p. 415. Approved March 11. 1901. In force May, 1901.] 353. Annual settlement with the Board. 8. The Trus- tee shall present to the Advisory Board, at a meeting of said Board to be held annually on the first Tuesday after the first Monday of January of each year, his annual and complete re- port of all the receipts and expenditures of his office for the pre- ceding calendar year, with the balances to the credit of each fund under his charge ; and if he has any money from any source in his hands or under his control which is not included in any particular fund, as shown by said report, then he must state all the facts concerning such moneys in his report. Each item of expenditure shall be accompanied by the verified re- ceipt of the person to whom the sum evidenced thereby has been paid, stating particularly for what article or service the payment has been made ; that the sum receipted for is the exact sum received, and that no part thereof has been retained l3y, or returned to or has been agreed, directly or indirectly, to be re- turned to, the Trustee or to any other person, and the Trustee is empowered to administer oaths to the persons giving such receipts. The report so presented shall be verified by the oath of the Trustee, showing that the sums with which he is charged in such report are all the sums received by him, and that the various items of expenditure credited have been fully paid in the sums stated, and without express or implied agreement that any portion thereof shall be retained by or repaid by him or to any other person. And the Trustee shall subscribe and take SCHOOL LAW OF INDIANA. 271 an oath that he has received no money nor article of value in consideration of any contract made by him as such Trustee. The Board shall consider and approve in whole or in part, the report of the Trustee so made, and any sum appropriated and remain- ing in the hands of the Trustee, unexpended and for which no liability exists against the township, shall be deemed and cred- ited in favor of the fund for which it was appropriated, and shall be considered in the ensuing levy. The expenditure of any fund, in whole or in part, to any account for which it was not appropriated by said Board, shall be deemed by the Board of [as] a balance of such fund unexpended and in the hands of the Trustee, for which lie shall be liable upon his bond. Any mem- ber of the Board may administer oaths, and said Board may send for persons, books and papers, if necessar}', in such exami- nation of said report, and when the examination is closed tliey shall enter of record their action thereon, specilically stating such parts and items as may be altered or disallowed. Such annual report shall remain under the control of such Board, the custody thereof to be held by the chairman, and at any time shall be subject to inspection by any taxpayers of the township. On the said annual settlement being made, the Trus- tee shall within ten (10) days thereafter, hie a copy of such report as adopted by the Board, with the accompanying vouch- ers, in the othce of the County Auditor, to be preserved; and upon failure the Trustee shall forfeit five (5) dollars per clay for each day until so filed, to be collected by suit of the Board for the benefit of the township. In case the term of the Trustee shall expire, or ho shall resign or die, then he, or his adminis- trator, sliall at once make final settlement with the Board. Said Auditor shall examine such copy of said report, and within ten (10) days after the filing of same in his office, shall report to the Advisory Board of such township the result of such ex- amination, including his finding as to the accuracy of such report. Said Trustee shall cause to be published, by one inser- tion in two leading newspapers of his county, each representing one of the two political parties casting the highest number of votes at the last preceding general election, an abstract of his said report, which abstract shall contain the total of receipts and expenditures and balances or deficits in each fund, also the rate of tax levy made for each of said funds for the ensuing year. 272 SCHOOL LAW OF INDIANA. 354. Trustees' term. 3. That the terms of office of all Township Trustees and Township Assessors to be elected at the general election in November, 1904, shall begin on the first day of January, 1905, and thereafter the terms of office of all Town- ship Trustees and Township Assessors shall begin on the first day of January succeeding their election. [1899, p. 150. Approved F&bruary 27, 1899, In force April 28, 1899.] 355. New school house — School supplies. 9. If a Trus- tee finds it necessary to erect a new school house, he shall pi'o- cure suitable specifications therefo : , to be used by the bidders in bidding and in the construction of such house. If he desires to purchase any school furniture, fixtures, maps, charts, or other school supplies, excepting fuel and literary periodicals in such amounts as may be authorized by the Advisory Board, in any year, he shall make an estimate of the kinds and amounts, item- ized particularly, to be used by bidders therefor. If it is neces- sary to make repairs on or about the school houses other than current or incidental repairs, he shall likewise make an itemized statement of the nature and character of the work, to be made for the use of bidders. He shall, in like manner, make a sched- ule of such work as may be necessary in the repair or construc- tion of bridges in his township for any one year. All contracts shall be let, after notice given, by posting for three (3) weeks in five (5) of the most public places in the township, and also at or near the door of each postoffice therein, stating briefly the buildings, repairs or supplies sought to be let, and when and where bids will be received and opened therefor ; and if the con- templated expenditures in any one class shall be five hundred dollars (|500) or more, he shall post notices as aforesaid, and also publish notice thereof for one (1) time in the two leading newspapers published in the county representing the two polit- ical parties casting the highest number of votes in such county at the last preceding general election : Provided, That one of such publications shall be made in a newspaper published in the township interested, if there be a newspaper published therein. The Advisory Board shall attend the letting. At the letting, all the work or supplies in any one class shall be included and let in a single contract. All bids shall be in writing and be opened and read publicly at the time and place fixed in the no- SCllUOL LAW OF INDIANA. 273 tice. The Trustee may take time to examine and satisfy him- self as to which is the lowest and best bid, and shall advise with the Advisory Board thereon ; and said board is hereby empow- ered to reject any and all bids. The Trustee shall endorse on the bids whether rejected or accepted and jDreserve the same. When a bid is accepted, a proper contract shall then be reduced to writing for such building;, repairs or sup2:)lies, as the case may be, and be signed by the successful bidder and the Trustee, who shall require the bidder to give bond with security, to be ap- proved by him, for the faithful execution of such contract. 356. Trustees' pay. 10. The Township Trustees serving under this act shall receive for their services the compensation now or hereafter fixed by law : Provided, That M^here a per diem is allowed by law the number of days' service for which the Trustee is allowed shall be fixed and allowed by the Advi- sory Board at their annual meeting, and this shall constitute the entire compensation of such Trustee for all the duties of his oifice. 357. Contracts void. 11. All contracts made in violation of this act shall be null and void. 1. Note. This section modifies all the decisions rendered bj the courts con- cerning contracts of Township Trustees. It also repeals the law requiring the Trustee to petition the Board of County Commissioners for leave to contract debts on behalf of the township. Contracts of townships must now be executed pursu- ant to the provisions of this act. 2. For a construction of this section, see Thornton's Complete Guide for Township Officers, section 188. 358. Appointment of first members of Board. 12. At the term of the Circuit Court to be held in the several counties of this State next after the taking eft'ect of this act, such Court shall appoint three (3) freeholders and qualified voters residing in each township, not more than two of whom shall belong to the same political party, who shall constitute the Advisory Board of such township until their successors are elected and qualified ; on failure of such court so to do, the Governor of the State shall make said appointments. And all laws and parts of laws inconsistent with the provisions of this act are hereby repealed. 18- ScH. Law. 274 SCHOOL LAW OF i:ndiana. CHAPTER XXII. THE FUND. Sec Sec 359. What constitutes. 412. 360. Estrays and property adrift. 413. 361. Counties liable. 414. 362. Account of fund. 415. 363. Custody of lands. 416. 364. Leasing lands. 417. 365. Divided school sections. 418. 366. Boundaries of townships. 419. 367. School township, when county lines 420. divide. 421. 368. Auditor's statement as to children. 422. 369. Auditor's duty. 423. 370. Account and distribution. 424. 371. Duties of the other Auditor. 425. 372. Account— Readjustment. 426. 373. Power of Trustee. 427. 374. Sale of school lands. 428. 375. Proceedings to sell. 429. 376. Ballots. 430. 377. Results of election. 431. 378. Certificate of vote. 432. 379. Trustee's duty. 433. 380. Order and conduct of sale. 434. 38L Terms of sale— Timber. 435. 382. Forfeiture— Re-sale. 436. 383. Forfeiture, how prevented. 437. 384. Forfeiture— Liability for waste. 438. 385. Suit for waste. 439. 386. Private sale. 440. 387. Reappraisement. 441. 388. Advertisement of fund«. 442. 389. Reappraisement of forfeited lands. 443. 390. Appropriation by Commissioners. 444. 391. Certificate of purchase. 445. 392. Rights of purchase. 446. 393. Faihire to make first payment — Pen- 447. alty. 448. 394. Assignment. 449. 395. Defective assignments— Proceedings. 450. 396. Loan of purchase money. 451. 397. Payment. 452. 398. Lost certificate. 453. 399. Purchase money, where paid. 454. 400. Duty of Auditor. 455. 401. Deed. 456. 402. Sale— Legalization. 457. 403. Title, when complete. 458. 404. Sale had without vote. 469. 405. Compensation on failure of title. 460. 406. Lands of surplus revenue fund, how 461. sold. 462. 407. Interest — Judgment. 463. 408. Advertisement of funds. 464. 409. Bulletin board of loans. 465. 410. Auditor's duty. 466. 411. Appraisement. Duty of appraisers. Loans outside of county. Loan of school and university funds. Limit of loan. Percentage of value of land. Length of time. County may borrow. Note of county — Countj' Council. Auditor's warrant. Rate of interest. Payment of loan. Transfer from one county to another. Certificate as to liens. Oath of applicant. Time of loan. Limit of loan. Acknowledgments and oaths. Record of mortgages — Priority. Auditor's duty. Fees. Interest unpaid— Auditor's duty. Collection on default. Fund to be specified. Form of mortgage. Form of note. Warrant to borrower. Payments— Quietus, Indorsements and satisfaction. Suit for deficiency. Notice of sales. Manner of sale— Surplus. Auditor's bid. Sale of lands bid in. Reappraisement of forfeited lands. Appropriation by Commissioners. Deed by Auditor. Statement of sales. Title in State without deed. Conveyance to county. Suit to foreclose. Purchase by county. Lease of land purchased. Sale of land— Appraisement. Deeds. Sales legalized. Act supplemental. Cancellation of mortgage. Annual report. Duty of boards. Board's report. Disposition of report. Apportionment of loans. Miscellaneous school fund account. Distribution and report. Penalty against Auditor. SCHOOL LAW OF INDIANA. 275 [1865, p. 3. Approved and in force March 6, 1865.] 359. What constitutes. The funds heretofore known and designated as the surpUis Revenue Fund, all funds heretofore appropriated to the common schools, the Saline Fund, the Bank- Tax Fund, the fund which has been derived or may be derived from the sale of county seminaries and the property belonging thereto, the moneys and properties heretofore held for such seminaries, all fines assessed for breaches of the penal laws of the State, all forfeitures which may accrue, all lands and other estate which shall escheat to the State for want of heirs or kin- dred entitled to the inheritance thereof, all lands which have been granted, or may be granted hereafter, to the State, when no special object is expressed in the grant, the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress of September, 1850, the taxes which may be assessed from time to time upon the property of corporations for common school purposes, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana, shall be denominated the "Common School Fund." The fund derived from the sale of Congressional town- ship school lands, and the unsold Congressional township school lands, at the reasonable value thereof, shall be denominated the "Congressional Township School Fund," and shall never be diminished in amount, the income of which, together Avith the taxes mentioned and specified in the first section of this act [§4465], the money and income derived from licenses for the sale of intoxicating liquors, and unclaimed fees, as provided by law, shall be denominated the " School Revenue for Tuition," the whole of which is hereby appropriated, and shall be ap- pilied exclusively to furnishing tuition to the common schools of the State, without any deduction for the expense of collec- tion or disbursement. (R. S. 1881, §4325; R. S. 1894, §5750; R. S. 1897, §6011.) 1. Two Distinct Funds. This section, in conformity with the decisions ■cited under section 1, provides that there shall be two distinct funds, the "Com- mon School Fund" and the "Congressional Township School Fund," which must "be kept apart and managed separately (§362). Under the former title are con- solidated all the funds named in the Constitution, except the Congressional Town- ship Fund, and in addition thereto "all funds heretofore approjsriated to com- mon schools," referring to all moneys arising from the sale of estray animals, and property taken up adrift, which were, by an act approved January 15, 1844 (§360), transferred to the Common School Fund of the county to be ratably apportio-ned 276 SCHOOL LAW OF INDIANA. among the several school districts thereof. Neither of these funds shall ever be diminished, for the term Common School Fund in the Constitution includes both. — Davee v. State, 7 Ind. App. 71. 2. Kevenues. Of the "School Eevenue for Tuition" the interest on the Common School Fund, the proceeds of the State Tax, and the unclaimed fees are paid into the State treasury and apportioned to the counties by the Superintend- ent of Public Instruction semi-annually on thejjasis of school population. — §123- 128. The revenues derived from the Congressional Township Fund and from county liquor licenses are distributed by the County Auditors to the townships and counties to which they respectively belong. — §133 and K. S. 1881, §5316; (R. S. 1894, §7281 ; R. S. 1897, §7626) ; State v. Forkner, 70 Ind. 241. 3. Fees of Officers. No deduction shall be made from the school revenues for expense of collection or disbursements, but the County Auditors shall receive from the general funds of the counties the amount of one per cent, on the perma- nent school funds held in trust by their several counties, as compensation for the management of them. — R. S. 1881, §5909; Hanlon v. the Board, 53 Ind. 123. 4. Illegal, Deductions Recoveeable — Statute of Limitations. By the school law of 1855, and also of 1865, still in force (§359), the income of the Com- mon School Fund and the taxes levied and collected for tuition are required to be applied exclusively to furnishing tuition in the common schools of the State. Provision is made for payment out of the county fund of the fees of officers for collecting, managing and dispensing the tuition fund. (R. S. 1881, §§5909, 5927, 5928.) From the constitutional and statutory provisions it is manifest that, with reference to common school funds, the State and county act simply as trustees for the benefit of the school childi'en of the State. The county can not repudiate or disavow its trust, and where it misappropriates common school funds, no failure of the proper officers to bring suit for any length of time after notice of the misap- propriation can be set up by way of limitation to the action to the prejudice of the beneficiaries of the trust. — State v. St. Joseph Co., 90 Ind. 359; Board v. State, 103 Ind. 497; Board v. State, 106 Ind. 270; Board v. State, 106 Ind. 531. 5. EsTRAYs. Under the first clause of the schedule annexed tp the Constitu- tion of 1851, the act of January 15, 1844 (p. 86 of act of 1844) (§360), entitled "An act converting the moneys arising from the sale of estrays and property taken up adrift into the Common School Fund, not being inconsistent with the Constitution and not having expired or been repealed, has remained and is in force;" and under its provisions and those of §359, all moneys arising from the sale of estray animals and property taken up adrift, "so soon as the same shall have vested absolutely in any county," becomes a part of the Common School Fund of the State.— Board v. State, 92 Ind. 3.53. 6. Recovery of Deductions. The statute of limitations of 1852 does not bar a recovery against a county for misappropriation of funds donated by the Consti- tution and laws exclusively to tuition in the common schools ; and the appropria- tion of any part of it to the payment of officers' fees for collecting or managing the funds is wholly unauthorized, and a violation of a trust which is not in the power of a county to deny. — State v. Board, 90 Ind, 359; Board v. State, 103 Ind. 497; Vanarsdall v. State, 65 Ind. 176, 184. 7. Fines. A fine for contempt is as much a part of the School Fund as any other fine. — Alexander v. State, 9 Ind. 337; Swift v. State, 63 Ind. 81. 8. Escheat. The provisions of the Constitution with reference to escheats are not self-executing; and money paid into the State treasury for want of heirs SCHOOL LAW. OP INDIANA. 277 Tinder? 2411 to §2415, K. S. 1881; K. S. 1894, ?2622; E. S. 1897, §2618, does not escheat. — State v. Meyer, 63 Ind. 33. 9. Belongs to Inhabitants. The school law does not conflict with the act of Congress granting the sixteenth section in the several congressional townships in the State to the inhabitants of such townships for the use of schools. — Quick v. Springfield Township, 7 Ind. 636; State v. Springfield Township, 6 Ind. 83; Quick V. Wliitewater Township, 7 Ind. 570; Daggett v. Bonewitz, 107 Ind. 276. 10. Liquor License Fees. Liquor license fees belong to the county, there to be wholly expended for tuition purposes, and not to the permanent Common School Fund of the State.— R. S. 1881, ? 5316; E. S. 1894, § 7626; E. S. 1897, I 7626; State v. Forkner, 70 Ind. 241. 11. Mandate. Mandate lies to compel the proper application of the funds. — State V. Cooprider, 96 Ind. 279. 12. Property Found on Dead Bodies. The proceeds of effects found by the Coroner on the bodies of dead persons do not belong to the Common School Fund, but go to the support of the common schools of the county, and an action to compel its proper application can not be prosecuted on the relation of the Attorney-General. — State v. Board of Commissioners, 85 Ind. 489. 13. Lotteries. Lotteries, in aid of schools, and gift exhibitions are illegal. —Whitney v. State, 10 Ind. 404. 14. Tax Penalty. The provision of the tax law (E. S. 1881, § 6339; E. S. 1894, I 8465; E. S. 1897, § 8995), inflicting a penalty for a false tax list and turn- ing the penalty into the County Treasury for the use of the county, instead of for the School Fund, is constitutional. — Burgh v. State, 108 Ind. 132. 15. Sale of Escheated I;ANds. Sale of escheated and other lands and transfer of proceeds to Permanent School Fund by Auditor of State. [See Acts 1889, p. 309, § 9.] An act of 1883 authorized the County Commissioners to sell escheat lands. [See Acts 1883, p. 79.] 16. Statute of Limitations. The statute of limitations does not run against an action to recover school funds. Board v. State, 106 Ind. 270; Board v. State, 106 Ind. 530; State v. Board, 90 Ind. 359; Board v. State, 103 Ind. 497. [1814, p. 86. Approved and in force January 15, 1844.] 360. Estrays and property adrift. 1. AH moneys aris- ing from the sale of estray animals and property taken up adrift, so soon as the same shall have vested absolutely in aiiy county, shall be by the proper officers transferred to the Common School Fund of the county, and shall be ratably apportioned amongst the several school districts [corporations] thereof. (R. S. 1897, § 6012.) 1. In Force. The above section is still in force. — Board i). State, 92 Ind. 353. [1865, p. 3. Approved and in force March 6, 1865.] 361. Counties liable. 3. The several counties of this State shall he held liable for the preservation of so much of said fund as is intrusted or may have been intrusted to them, and for the payment of the annual interest thereon, at the rate established by law, the payment of which interest shall be full and com- plete every year, and shall so appear in the Auditor's report to 278 SCHOOL LAW OF INDIANA. the Superintendent of Public Instruction ; and the said Super- intendent shall, at anj tim^, when he discovers, from the report or otherwise, that there is a deficit in the amount collected, for want of prompt collection, or otherwise, direct the attention of the Board of County Commissioners and the County Auditor to the fact, and said Board of Commissioners are hereby author- ized and required to provide for such deficit in their respective counties. (R. S. 1881, § 4326; B. S. 1894, § 5751; R. S. 1897, § 6013.) 1. Interest. This section is designed to carry out the requirements of the Constitution (? 6). The interest on the school funds is at the rate of six per cent. , 2. Deficits Made Up. The Board of County Commissioners is required to make up losses to both the principal and interest of the funds, at their June meet- ing (1459), by authorizing the Auditor to draw a warrant for the amount of the deficit upon the general fund of the county in favor of the particular school fund found deficient, and upon failure of the board so to act they become liable to an action in the name of the State upon the relation of the Superintendent of Public Instruction, who may notify the proper prosecuting attorney to bring such action. 3. Attorney-General, as IIelator. When suit is brought by the State to recover any part of its common school fund, the Attorney-General is a proper officer to bring such suit, and is a proper relator therein. — Board v. State, 92 Ind. 353; State v. Board, 5 Ind. App. 220. 4. Attorney's Fees. A county may, and it is its duty, to employ an attor- ney to protect the school fund ; but it can not pay him out of that fund ; it must pay him out of the general county fund. — Board v. State, 116 Ind. 329. 5. County Liable. The school fund is intrusted to the county, and it is charged with the amount it receives; if loss occurs the county has to make that loss good ; and if the money is not loaned the county is chargeable with the inter- est thereon, and must pay it; when this is done the obligation of the county has been fully met. It never was the intention of the framers of the Constitution that the school fund should be enhanced at the expense of the county, but simply that the fund should be preserved intact, and the interest annually paid. — Board v. State, 122 Ind. 333; Davee v. State, 7 Ind. App. 71 ; State v. Board, 5 Ind. App. 220. 6. Diversion of Funds. If money, instead of being added to the perma- nent school fund of the county, has been applied to other purposes for the benefit of the county, it is a virtual conversion of the money to the use of the county, and the Attorney-General may file an account before the Board of County Commis- sioners, demanding that it be receipted back into the county treasury. State v. Board, 5 Ind. App. 220. 7. Mandamus. Mandamus is not the proper remedy to recover funds due from the county to the school fund.— State v. Board, 5 Ind. App. 220. 362. Account of fund. 151. The County Auditors of the several counties of this State shall, immediately upon the taking effect of this act, oi3en an account upon their books with each SCHOOL LAW .OF INDIANA. 279 of the congressional townships of their respective counties whose funds are managed by them, and transfer to such account from the Common School Fund account the principal of the Congressional Township Fund, as it existed before its consoli- dation with the Common School Fund, and shall thereafter keep a separate account of the principal and interest of the Congressional Township Fund of each township. (R. S. 1881, §4327; R. S. 1894, §5752; R. S. 1897, §6014.) 1. Separation of Funds. This section requires the separation of the Con- gressional Township Fund from the Common School Fund, with which it had been consolidated by the school law of 1852, in accordance with the Constitution (§ 1). But the courts have held that the proceeds of the sale of the school sections could not be diverted from the use of the inhabitants of the congressional town- ships, to whom they had been granted by the United States. — State v. Springfield Tp., 6 Ind. 83; same, 22 How. U. S. 56; Quick v. Whitewater Tp., 7 Ind. 570; Quick V. Springfield Tp., Ind. 636. 2. Proceeds of Lands. When the school sections have been sold the pro- ceeds of the sale are managed by the County Auditor, and the interest thereon distributed by him through the county treasury to the proper School Trustees. — Davis V. State, 44 Ind. 38; affirmed, 94 (4 Otto) U. S. 792. [1873, p. 79. Approved and in force March 7, 1873.] 363. Custody of lands — Report of income. 44. The cus- tody and care of all lands belonging to the Congressional Town- ship Fund shall be with the Trustee of the civil township in which the same shall be situated ; who shall report, annually, to the Auditor, by the fourth Monday in March, the annual in- come derived therefrom, to the township. And the report shall embrace a fully itemized statement of his rent account of such lands ; to whom and for what amount the same was rented to each tenant ; and whether the rents have been collected or not ; and if any portion has not been collected, he should state fully the reasons why the same has not been collected. Any Trustee who has heretofore failed and neglected to so report shall em- brace in his first report such itemized statement and showing for each preceding year not so reported, whether by himself or his predecessors ; and the amount of School Funds for any year, to which such township might otherwise be entitled, shall be withheld, and not paid over to such Trustee, if the rental value of such lands for such terms shall equal or exceed the town- ship's otherwise portion of the School Fund; and it shall be 280 SCHOOL LAW OF INDIANA. the duty of such Trustee to pay into the county treasury all rents collected and reported by him as aforesaid. (R. S. I88I5 § 4328; R. S. 1894, § 5753; R. S. 1897, § 6015.) 1. Rents Distributed. The rents of school lands shall be paid into the county treasury, to be distributed by the Auditor together with, and in the same manner as, the interest on the Congressional Township Fund. And a Township Trustee who fails to pay the rents into the county treasury, as therein required, is, with his county, liable on his bond for the amount, with ten per cent, damages, in a suit in the name of the State on relation of the Board of Commissioners. — Davis V. State, 44 Ind. 38 ; Davis ■;;. Indiana, 94 U. S. (4 Otto) 792. 2. Judicial Notice. Courts will not take judicial notice what lands were substituted for the sixteenth section, when that section has been sold and other lands substituted for it. It must be shown that such substituted lands were actually selected by the Secretary of the Treasury, as required by the statute of the United States.— Peck V. L., N. A, & C. E. E. Co., 101 Ind. 366; Daggett «. Bonewitz, 107 Ind. 276. 8. The Equalization op Eevenue among the civil townships by taking into consideration the congressional township revenue is constitutional. Quick ■«. Whitewater Township, 7 Ind. 570; City of Lafayette v. Jenner, 10 Ind. 70; Ad- amson v. Auditor, 9 Ind. 174; Quick v. Laurel Township, 17 Ind. 344. 4. School Lands not Subject to Assessment for Drains. The con- gressional township lands in this State are not subject to assessments in aid of construction of public ditches or drains. — Edgerton v. Huntington School Town- ship, 126 Ind. 261. 5. Where Lands were Selected by the Secretary of the Treas- ury FOR School Purposes, under act of Congress of May 20, 1826, the title vested in the inhabitants of that congressional township, and a cause of action to recover the possession of the lands from one holding them adversely accrued at that time. The fact that the claimant entered into possession of the land while the title was in the U. S. did not prevent his holding from becoming adverse to the township so soon as the title vested in it. — Ilargis v. Inhabitants, etc., 29 Ind. 70. [1865, p. 3. Approved and in force March 6, 1865.] 364. Leasing lands. 45. He shall have power, when lirected so to do by a vote, or by the written direction of a majorit}^ of the voters of the congressional township to which the same belongs, to lease such lands for any term not exceed- ing seven years, reserving rents, payable in money, property, or improvements upon the land, as may be directed by a majority of such voters. (R. S. 1881, § 4329 ; R. S. 1894, § 5754 ; R. S. 1897, § 6016.) 1. Voters. The voters here iotended are such persons as are entitled to vote at general and township elections, as defined in the Constitution (E. S. 1881, §84; E. S. 1894, §84: K, S. 1897, §84)= As the law does not provide how such SCHOOL LAW OF INDIANA. 281 vote shall be taken, a petition is the better mode of procedure. If signed by a majority of the voters of the township the Trustee is bound to comply with it. — Anderson v. Prairie School Tp., 1 Ind. App. 34. 2. Power of Township Trustee. A Township Trustee has no power to lease the lands belonging to a congressional township, unless the voters of such township direct their leasing; and a tenant taking a lease without such directions having been given, does so at his peril. — Anderson v. Prairie Tp., 1 Ind. App. 34. 3. Authority to Incur Debts. No authority is given Township Trustees to incur debts in improving school lands. Anderson v. Prairie School Tp., 1 Ind. App. 34. 4. Contract — Condition Precedents. Wherever the authority of a Trustee to bind his corporation by contract depends upon precedent conditions, one v/ho seeks to establish rights under such contract must show affirmatively that all of the antecedent requirements were strictly complied with. — Anderson v. Prairie School Tp., 1 Ind. App. 34. 365. Divided school section. 46. When the sixteenth section, or the section which may he granted in lieu thereof, shall he divided by a county or civil township line, or where the substituted section lies in any other county in the State, the voters of the congressional township to which the same belongs shall designate, by vote or by the written direction of a majority, the Trustee of one of the civil townships including a part of said section, to have the care and custody of said section, and to carry out the directions of the voters of the township in rela- tion thereto ; and the Trustee so designated shall have the same powers and perform the same duties as if the entire section was situated within the limits of the civil township, and receive from the County Treasurer the revenue derived from funds accrued from said sale. (R. S. 1881, §4330; E. S. 1894, § 5755 ; R. S. 1897, § 6017.) 366. Boundaries of townships. 148. The Coanty Com- missioners of each county are required to conform the boundary of their civil townships to those of congressional townships, so far as it is practicable to do so. (R. S. 1881, § 4331 ; R. S. 1894, §5756; R. S. 1897, §6018.) [1877 S., p. 66. Approved and in force March 12, 1877.] 367. School township, when county lines divide. 1. Where county lines divide a congressional township, the proper officer in the county in which the congressional school lands are situated, or would be situated if unsold, shall control such lands 282 SCHOOL LAW OF INDIANA. and the funds arising therefrom, as in this act is provided. (R. Sc 1881, § 4332 ; R. S. 1894, § 5757 ; R. S. 1897, § 6019.) 368. Auditor's statement as to children. 2. When the enumeration is made of children, under the school laws, the Auditor of each county shall furnish to the Auditor of the other a statement showing the number of children in each congres- sional township ; and to enable him to do this correctly, the person or oiRcer making the enumeration shall correctly state the number of children in the congressional township so divided by county lines. (R. S. 1881, § 4333 ; R. S. 1894, § 5758; R. S. 1897, § 6020.) 369. Auditor's duty. 3. The Auditor of the county having control of the fund shall open an account with the other county as to each congressional township, and credit said other county with all money on hand, all securities for lands sold, and, if any lands be unsold, with the proceeds when sold; and, from time to time, as money comes in, shall credit such county with such money — that is to say, shall divide such money jpro rata on the basis of such enumeration and enter the credit; and shall pay over such money, be it little or much, to the Treasurer of such other county, file his receipt with the Auditor and take a quietus, and so continue until the whole portion due such other county is paid over. Such payments shall be made quarterly, to corre- spond with the fiscal year. (R. S. 1881, §4334; R. S. 1894, § 5759 ; R. S. 1897, § 6021.) 1. Auditor Borrowing. In Ware v. State, 74 Ind. 181, it was held that a loan made by the Auditor of a county to himself was void, but this was so modi- fied in vState v. Levi, 99 Ind. 77, as to make the mortgage valid or invalid at the option of those having a supervisory control over such fund. Such mortgage remains a subsisting security for the loan against the mortgagor or his residue, for value, and without notice, notwithstanding the reimbursement of the School Fund out of the county revenues. — State v. Greene, 101 Ind. 532. The judgment of foreclosure bore the same rate of interest as the mortgage (Stockwell v. State, 101 Ind. 1); but this rate was modified bj^ the act approved February 17, 1893. See p. 41, Acts 1893; K. S. 1894, §5796; E. S. 1897, g 6058. 2. Auditor Borrowing. A County Auditor can not lawfully both lend and borrow from the School Fund, and loans so made and mortgages so executed are without authority of law.^State v. Greene, 101 Ind. 532. 370. Account and distribution. 4. Such Auditor to the county controlling such lands and fund shall also open an ac- count with such lands and with the township in his own county SCHOOL LAW OF INDIANA. 283 divided by county line, and shall debit and credit such accounts as he receives money or securities from sales or collections from lands forfeited and resold, and all expenses in full and regular order of entry and accounting, so he can tell, at any time, the condition of the lands, funds and securities. He shall collect in, as fast as possible, all moneys outstanding, make proper distri- bution as per enumeration, and credit the proper account in said county, and continue to pay over to the other county, as above provided, until each county has its proper proportion of said funds. (R. S. 1881, § 4335 ; R. S. 1894, § 5760 ; R. S. 1897, § 6022.) 371. Duties of the other Auditor. 5. The Auditor of such other county shall open an account with the proper township in his county, and credit such fund as fast as received; and, when in sufficient amount, shall loan the same as now required by law. Both Auditors shall make a statement of the condition of the fund annually, at the end of the proper fiscal year, and file one copy with the Superintendent of Public Instruction, lay one before the County Commissioners (which latter shall be spread upon their record), and both shall be sworn to by the Auditor. (R. S. 1881, §4336; R. S. 1894, §5761; R. S. 1897, § 6023.) 372. Account — Re-adjustment. 6. The process contem- plated by this act shall continue so long as any lands remain unsold, or. any securities are uncollected, and until each county shall have become possessed of its proper share of such fund in money, when the accounts here required to be kept shall be closed and reported as aforesaid : Provided, That in the year . 1890, and every two years thereafter, there shall be a re-adjust- ment of said fund belonging to such congressional township, upon the basis of the number of children enumerated in each part of such congressional township, as hereinbefore provided ; and the Auditor having a surplus of such fund, according to such basis, shall pay to the Treasurer of the county interested the amount of money due said county upon the per cajnta basis then existing. For the services here provided for, the Auditor shall be allowed the same fees for records, certificates and other 284 SCHOOL LAW OF INDIANA. labor, as is allowed by law for otlier similar services. (R. S. 1881, §4337; R. S. 1894, §5762; R. S. 1897, § 6024.) 1. Tlie Auditor's fee must be paid out of the general fund of the county. — Hanlon v. Board, 53 Ind. 123. [1867, p. 3. Approved and in force March 6, 1865.] 373. Power of Trustee. 47. The proper Trustee shall have all the rights and powers of a landlord, in his official name, in coercing fulfillment of contracts relating to such lands, and preventing waste or damage, or for the recovery of the same when committed. (R. S. 1881, § 4338 ; R. S. 1894, § 5763 ; R. S. 1897, § 6025.) 374. Sale of school lands. 48. At any time when five voters of any congressional township shall, by petition to the Trustee having charge of the school lauds belonging to such township, set forth their desire for the sale of all or any part of the school land, the Trustee shall give public notice, in five public places in such township, of the time and place in such township when and where balloting will be had to determine whether the lands shall be sold as petitioned for or not ; which notice shall be given at least twenty days before the time specified therein. (R. S. 1881, § 4339 ; R. S. 1894, § 5764 ; R. S. 1897, § 6026.) 1. When Petition Necessary. A petition is only necessary where land is sold the first time, and is not necessary where it is sold to recover the purchase- money. — McPheters v. Wright, 110 Ind. 519. 2. Public Ditch. Congressional Township land can not be assessed for the construction of a public ditch. — Edgerton v. Huntington School Tp., 126 Ind. 261. 375. Proceedings to sell. 49. A copy of such petition shall be entered on the book containing the record of the pro- > ceedings of such Trustee; and his action thereon, shall, also, be recorded. (R. S. 1881, § 4740; R. S. 1894, § 5765; R. S. 1897, § 6027.) 376. Ballots. 50. If a voter favor the sale of such lands, he shall write on his ballot the word " sale ; " if he opposes the sale, he shall write the words -'No sale." (R. S. 1881, § 4341; R. S. 1894, § 5766; R. S. 1897, § 6028.) SCHOOL LAW OF INDIANA. 285 377. Results of election. 51. IsTo sale shall be allowed unless a majority of all the votes cast at such election shall be in favor of such sale; nor unless the number of votes constitut- ing such majority shall exceed iifteen. (R. S. 1881, § 4342; R. S. 1894, § 5767 ; R. S. 1897, § 6029.) 378. Certificate of vote. 52. The Trustee shall attend at the time and place specified, and shall make out a certificate showing the number of votes given for and against the sale ; which shall be signed by him and filed in his ofiice ; and he shall enter the same upon his record-book. (R. S. 1881, § 4343 ; R. S. 1894, § 5768; R. S. 1897, § 6030.) 379. Trustee's duty. 53. Said Trustee, if satisfied that a uiajority of all, and more than fifteen, voters have voted for such sale, shall enter the same on his record-book, and proceed — First. To divide the lands, so voted to be sold, into such lots as will secure the best price. Second. To afiix a minimum price to each lot, not less than one dollar and twenty-five cents per acre, below which it shall not be sold. Third. To certify such division and appraisement to the proper County Auditor, together with a copy of all his proceed- ings in relation to the sale of said lands. (R. S. 1881, § 4344; R. S. 1894, § 5769 ; R. S. 1897, § 6031.) 1. Where Petition Was Not Necessary. When school land which was sold in 1847, and for non-payment of taxes on the purchase-money was again sold in 1883, four weeks' notice of the latter sale was sufficient under the law then in force, and no petition from the voters of the township was necessary, such petition l)eing required only when the land is first offered for sale. — McPheters v. Wright, 110 Ind. 519. 380. Order and conduct of sale — Fee. 54. Such certifi- cate and return shall, by such Auditor, be laid before the Board of County Commissioners, at their first meeting thereafter ; and said Board, if satisfied that the requirements of the law have been substantially complied with, shall direct such lands to be sold ; which sale shall be conducted as follows : First. It shall be made by the Auditor and Treasurer. Second. Four weeks' notice of the same shall be given, by posting notices thereof in three public places of the township 286 SCHOOL LAW OF INDIANA. where the land is situated, and at the court house door, and by publication in a newspaper printed in said county, if any — other- wise, in a newspaper of any county in the State situated nearest. thereto. The sale shall be made by the Auditor, atpublic auc- tion, at the door of the court house of the county in which the land is situated, and the Treasurer shall take an account thereof; and each of said officers, for making such sale, shall receive a fee of one dollar, to be paid by the purchaser. (R. S. 1881, § 4335 ; R. S. 1894, § 5770 ; R. S. 1897, § 6032.) 1. Board Must Act. If the law has been complied with the Board may be compelled by writ of mandate to order the sale. The order may be made at a ■ special session. The land can not be sold below the appraised value, of which the purchaser must take notice. 2. Public Sale. The sale must be made at the door of the court house of the proper county, at public auction. A private sale is illegal. — McPheters ». Wright, 110 Ind. 519. 11875, p. 13-i. Appro"3d and in force March 9, 1875.] 381. Terms of sale — Timber. 55. One-fourth of the pur- chase-money shall be paid in hand and the interest for the resi- due for one year in advance, and the residue in ten years from such sale, with like interest annually in advance ; and deferred payments shall be regarded as a part of the congressional town- ship school fund, and reported as such by the Auditor to the^ Superintendent of Public Instruction : Provided, That when one-fourth part or more of the value of the lands so sold, at the time of such sale, shall consist of the timber growing thereon, the terms of sale in such case may be as follows, viz. : At least one-half of the purchase-money cash in hand, and interest for the residue for one 3^ear in advance, and the residue in annual payments in, not exceeding ten years from such sale, with like interest annually in advance; and in such case the terms of sale shall be set forth in the notice provided for in the preceding section : And. provided, further, That whenever the purchaser of any such land shall be proceeding to cut or remove, or threaten to cut or remove, from such lands, so sold, timber growing or being thereon, to such an extent that the land, after the cutting or removal of such timber, shall not be equal in value to the amount of purchase-money, with interest then remaining unpaid, it shall be the duty of the Trustee of the SCHOOL LAW OF INDIANA. 287 civil township in which such land is situated (and he is hereby authorized and empowered) to commence and maintain an action, in the name of such township, in the Circuit Court of the county, to restrain and enjoin the further cutting or re- moval of such timber. (R. S. 1881, § 4346 ; R. S. 1894, § 5771 ; R. S. 1897, § 6033.) 1. County Liable for Interest. The county is chargeable with interest on the entire amount of the price of the land, and the default of a purchaser of the land in paying deferred installments, and its consequent forfeiture of the land to the school fund, does not relieve the county of liability for interest on the full amount. — Board of Commissioners v. State, 120 Ind. 442. [1865, p. 3. Approved and in force March 6, 1865.J 382. Eorfeiture — Re-sale. 56. On failure to pay such annual interest when it becomes due, the contract shall become forfeited, and the land shall immediately revert to the township ; and the Auditor and Treasurer shall proceed, forthwith, again to sell the same, in like manner and on the terms above specified. If, on such second sale, such land shall produce more than suf- ficent to pay the sum owing therefor, with interest and costs and five per cent, damages, the residue shall, when collected, be paid over to the purchaser or his legal representative. (R. S. 1881, § 4347; R. S. 1894, § 5772; R. S. 1897, § 6034.) 1. Effect of Forfeiture— Surplus. A forfeiture under this section does not divert the title of the purchaser to the real estate, but simply authorizes the State to sell the real estate for its own reimbursement, the surplus going to the purchaser. — McPheters i'. Wright, 124 Ind. 560. 2. Redemption. A purchaser of school lands having made default in the payment of interest on the purchase, the lands were resold. B}^ the law in force at the time of the purchase, a defaulting purchaser had a right to redeem within one 3'ear after the sale; by that in force at the time of the sale and at the time of the default a delinquent purchaser could redeem at any time before the sale, but not after. It was decided that the right to redeem was governed by the latter law. — Moor 1'. Seaton, 31 Ind. 11. 3. Petition. No petition to sell is required under the above section. — McPheters v. Wright, 110 Ind. 519. 383. Forfeiture, how prevented. 57. At any time before the sale, payment of the interest due and all costs, together with two per centum damages on the principal sum and inter- est due and owing for said land, shall prevent such sale and revive the original contract. (R. S. 1881, §4348; R. S. 1894, ;§ 5773; R. S. 1897, § 6035.) 288 SCHOOL LAW OF INDIANA. 384. Forfeiture — Liability for waste. 58. In case ot sucli forfeiture, the original purchaser may be sued for waste or un- necessary injury done to such land. (E. S. 1881, § 4349 ; R. S. 1894, § 5774; R. S. 1897, § 6036.) 385. Suit for waste. 59. Such suit shall be prosecuted b}' the Auditor, in the name of the State, for the use of the proper congressional township. (R. S. 1881, § 4350 ; R. S. 1894, § 5775 ; R. S. 1897, § 6037.) 386. Private sale. 60. When any land offered for sale at public auction shall remain unsold, the County Auditor may dis- pose of the same at private sale for the best price that can be had therefor, not being less than the minimum price affixed thereto. (R. S. 1881, § 4351 ; R. S. 1894, § 5778 ; R. S. 1897, § 6040.) 1. When Sale Authorized. This section authorizes a private sale onlv where the land has been offered for sale at public auction and I'emains unsold. — McPheters v. Wright, 110 Ind. 519. 387. R,e-appraisement. 61. After the expiration of the term of four years after any appraisement and offer for sale of any lands in this State belonging to any township for school purposes, and such lands remain unsold, it shall be lawful to re-appraise, sell and dispose of said lands in the same manner that they would have been had such lands not been previously offered for sale : Provided, however, That such appraised value shall not be below the minimum price now fixed by law. (R. S. 1881, § 4352 ; R. S. 1894, § 5779 ; R. S. 1897, § 6041.) [1883, p. 75. Approved and in force March 3, 1883.1 388. Advertisement of funds. 1. Whenever, in any county of the State of Indiana, the school fund, or any part of the school fund, apportioned to such county to be loaned out, re- mains unloaned, it shall be the duty of the Auditor of said county to advertise, in the months of January, April, July and October, for three consecutive weeks, in a weekly newspaper published in said county, that such amount of school fund re- mains unloaned, and that applicants for loans can secure the same by applying at his office and fulfilling the requirements of the law under which he is authorized to loan out the school fund. (R. S. 1894, § 5809 ; R. S. 1897, § 6063.) SCHOOL LAW OF INDIANA. 289 L1883, p. 79. Approved and in force March 3, 1883.] 389. Re-appraisement of forfeited lands. 1- All lands wliich have become forfeited and have reverted, or may here- after be forfeited and revert to the various townships in the sev- eral counties of this State, for failure to pay the interest or principal of the amount due thereon to the school fund, and which have remained or hereafter remain unsold for the period of three years, by reason of the amount due thereon being in excess of the values of said lands, may be re-appraised and sold for a sum not less than said re-appraised value thereof; and such re-appraisement and sale to be made in the same manner and upon the same terms and conditions as is now prescribed by law for the appraisement and sale of such lands. (R. S. 1894, § 5776; R. S. 1897, § 6038.) 1. To WHAT Land Appliable. This section relates to the sale of congress- ional township lands, and it has no reference to the right of the county to be re- imbursed for interest paid on loans out of the proceeds of a sale under a mortgage after the principal has been paid to the State. — Board v. State, 122 Ind. 333, 390. Appropriation by Commissioners. 2. Upon the sale of such lands as provided for in the preceding section of this act, the Board of County Commissioners of the several counties in which said lands are situated may make an appro- priation, from the general county funds, a sum equal to the difference between the amount for which said lands shall have been forfeited and the amount for which such lands shall have last sold ; said sum appropriated to be placed to the credit of the proper fund and loaned as other school funds are loaned. R. S. 1894, § 5777 ; R. S. 1897, § 6039.) 1. Mandatory. This section is mandatory, for the reason that the county is liable for all deficits in the funds entrusted to itscare.^Board v. State, 122 Ind. 333. 391. Certificate of purchase. 62. A certified statement of such sale shall be made and signed by the Auditor, and, being first recorded by such Auditor in the records of the Board of County Commissioners, shall be delivered to the purchaser when he makes his first payment, and shall entitle him to a deed when the terms of such purchase shall have been fully complied with. (R. S. 1881, § 4353 ; R. S. 1894, § 5780 ; R. S. 1897, § 6042.) 1. Judgment, No Lien. A judgment is no lien on land held by a certificate issued under this section.— Jeflfries v. Sherburn, 21 Ind. 112.— See Bell v. Corbin, 136 Ind. 269. 19 — ScH. Law. 290 SCHOOL LAW OF INDIANA. 392. Rights of purchaser. 63. Every purchaser, until forfeiture, shall be entitled to all the rights of possession before existing in such Trustee or township, and to all rights and remedies for rents becoming due or breaches of covenant occur- ring after his purchase under any lease existing at the time of his purchase, and for all waste committed thereafter. (R. S. 1881, § 4354 ; R. S. 1894, § 5781 ; R. S. 1897, § 6043.) 1. Estoppel. When the inhabitants of a township had received a part of the purchase money of school lands, and interest for several years on the balance, and expended the money for the purposes contemplated by the grant, and the purchaser had taken possession and made valuable improvements, it was held that they must be deemed to have acquiesced in the sale, and that they are estopped to deny its validity. — State v. Stanley, 14 Ind. 409. 393. Failure to make first payment — Penalty. 64. A purchaser at such sale failing to make the first payment as above required shall pay ten per centum on the sum bid. to be recov- ered by action before any Court having jurisdiction, to be pros- ecuted by the County Auditor in the name of the State for the use of the proper township ; and the Auditor and Treasurer shall be competent witnesses. (R. S. 1881, §4355; R. S. 1894, § 5782 ; R. S. 1897, § 6044.) 1. Tender op Deed. In a suit to recover the final installment of purchase money, a deed should be first made and tendered. — Johnson v. State, 74 Ind. 588. 394. Assignments. 65. I^o assignment of a certificate shall be valid unless acknowledged before some oflicer author- ized to take acknowledgments of deeds, or before the County Auditor, who shall, in all such cases, record the same. Assign- ments of certificates heretofore made before any ofiicer author- ized to take acknowledgments of deeds, when recorded, shall be as valid as if acknowledged before the County Auditor. (R. S. 1881, §4356; R. S. 1894, §5783; R. S. 1897, § 6045.) [1863, p. 11. Approved February 27, 1863, and in force October 10, 1863.J 395. Defective assignments — Proceedings. 1. Whenever the certificate of the School Commissioner or Auditor of any' county of this State, issued for land sold, has been assigned by any person without a proper acknowledgment before the County Auditor or other proper ofiicer, or assigned by delivery, and such assignor is deceased, any assignee of such certificate, SCHOOL LAW OF INDIANA. 291 claiming title to the land described therein, may file his com- plaint in the proper Circuit Court, making the County Auditor and the heirs of such deceased assignor parties thereto. If it shall be proved to the satisfaction of the Court that the plaintiff, or any party to the cause, is the equitable owner of the land, and the purchase-money has been fully paid to the school fund, the Court shall direct the Auditor to execute a proper conveyance to the plaintiff or other parties entitled thereto, although the certifi-cate has not been properly assigned or the assignment thereof properly acknowledged by the decedent. All other persons claiming any interest in the land may, on their application, be made parties and heard in the case. The Auditor shall execute a conveyance, according to the directions of the Court ; and such conveyance shall vest in the grantee the title of said land as fully and to all intents and purposes as if the certificate had been legally assigned and the assignment properly acknowledged. (R. S. 1881, § 4357 ; R. S. 1894, § 5784 ; R. S. 1897, § 6046.) [1865, p. 3. Approved and in force March 6, 1865.] 396. Loan of purchase-money. QQ- When the residue of the purchase-money becomes due, the purchaser may retain the same as a loan for a term not exceeding three years, on payment, annually made in advance, of the interest thereon, at the rate then established by law for the loans of such funds ; but he shall receive no deed until full payment is made. (R. S. 1881, § 4358 ; R. S. 1894, § 5785 ; R. S. 1897, § 6047.) 397. Payments. 67. Purchasers may, at any time before due, pay a part or the whole of such purchase-money. (R. S. 1881, § 4359 ; R. S. 1894, § 5786 ; R. S. 1897, § 6048.) 398. Lost certificate. 68. When any such certificate shall be lost before a deed be made, on proof thereof by aflidavit of the person interested, or other competent testimony, to be filed with the County Auditor, and after three months' notice of in- tention to apply for a new certificate, given in some newspaper printed nearest to where the land lies, such Auditor may issue 292 SCHOOL LAW OF INDIANA. the same to the person entitled thereto. (R. S. 1881, §4360; R. S. 1894, § 5787; R. S. 1897, § 6049.) 1. Lost Certificate. If a certificate is lost a new one may be issued to the purchaser, even to a grantee of the purchaser. — Hinkle v. Margexum, 50 Ind. 240, 241. 399. Purchase-money, where paid. 69. The purchase- money and interest, and all costs and damages above provided for, shall be paid to the Treasurer of the proper county, and his receipt therefor filed, by the person paying, with the County Auditor, who shall issue his quietus therefor. (R. S. 1881, § 4361 ; R. S. 1894, § 5788 ; R. S. 1897, § 6050.) 400. Dnty of Auditor. 70. When such payment is in com- pletion of any contract of sale, the amount of such receipt shall be indorsed by the County Auditor on the certificate of purchase. (R, S. 1881, § 4362 ; R. S. 1894, § 5789 ; R. S. 1897, § 6051.) 401. Deed. 71. On full payment for such land a deed shall be issued by the County Auditor, and entered upon the record- book of the Board of County Commissioners. (R. S. 1881, § 4363 ; R. S. 1894, § 5790 ; R. S. 1897, § 6052.) 1. Entby on Record. The deed, before delivery, must be entered on the record-book of the County Commissioners. — Arnold v. Gaff', 58 Ind. 543. [1877, p. 139. Approved and in force February 8, 1877.] 402. Sale — Legalization. 1. In aU cases where school lands have been sold and certificate has either been issued to the purchaser or entered of record in the proper oifice, or otherwise, so the purchaser entered into possession and paid part of the whole of the purchase-money, or could have entered into occu- pancy, such sale shall be deemed and held a sale under the law, as much as it would be had a deed been made and delivered and the fee had been passed to the purchaser ; and such lands shall be deemed and held as having been sold, so as to make them liable to taxation, within the meaning of the law, as fully and completely as they would have been had a deed been delivered. All appraisements of lands so sold, and all assessments of the same for taxes, and all levies and collections of taxes thereon, heretofore made, are hereby legalized and declared to be lawful and valid, and shall in nowise be subject to question by reason SCHOOL LAW OF INDIANA. 293 of such sale not having been consummated by execution and delivery of deed. (R. S. 1881, § 4364 ; R. S. 1894, § 5791 ; R. S. 1897, § 6053.) [1865, p. 3. Approved and in force March 6, 1865.J 403. Title, when complete. 72. Such deed shall^ be ex- ecuted and acknowledged, at the cost of the grantee, by the County Auditor, as in other cases ; and, thus executed and de- livered, shall vest in the grantee, his heirs and assigns, forever, a complete title to the land. (R. S. 1881, §4365; R. S. 1894, § 5792 ; R. S. 1897, § 6054.) 404. Sale had without vote. 73. The voters of any con- gressional township may, in the absence of a vote to sell land, and in lieu thereof, petition the Trustee of the township for such sale. Such petition, if signed by a majority of all the voters of the township, shall be filed with the County Auditor, and the same proceeding shall be had as provided in section fifty-four [§ 269], upon a vote of the inhabitants of the township for such sale. Such petition and certificate shall be recorded in the record book of the Trustee of the township and of the County Auditor of the investment of funds held for the benefit of com- mon schools and congressional townships. (R. S. 1881, § 4366 ; R. S. 1894, § 5793; R. S. 1897, § 6055.) 1. Withdrawing Signature. See section 364. After a petition has been recorded, persons whose names are signed to it can not withdraw their signature so as to defeat a sale. 405. Compensation on failure of title, 150. When any ofiicer authorized to sell school lands shall have sold any lands without a title thereto, such ofiicer, or his successor in ofiice may convey such other lands of equal value as may be agreed upon by such ofiicer and the purchaser, his heirs or assigns ; or, failing to make such agreement, the purchase money, with in- terest, shall be repaid to the purchaser, his heirs, executors, ad- ministrators or assigns ; but no such purchase money shall be thus repaid until the proper Prosecuting or District Attor- ney shall have investigated the facts of the case and certified to the correctness of the claim. (R. S. 1881, § 4367 ; R. S. 1894, §5794; R. S. 1897, §6056.) 1. Sales Legalized. Sales in unauthorized subdivisions prior to March 3 1855, were legalized. — Acts 1855, p. 144. 294 SCHOOL LAW OF INDIANA. [1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.] 406. Lands of surplus revenue fund, how sold. 1. Where the surplus revenue fund belonging to common schools, in any county in this State, or any part of such fund, has by any means become invested or changed into real estate, the Board of Com- missioners of such county are hereby authorized to dispose of the same, by sale, in such manner as may seem best for the interest of the common school fund, and to reinvest the proceeds of such sale in the manner directed by law for the investment of other moneys belonging to the common school fund. (R. S. 1881, § 4368 ; R. S. 1894, § 5795 ; R. S. 1897, § 6057.) [1893, p. 41. Approved and in force February 17, 1893.] 407. Interest — Judgment. 1- The principal of all moneys, whether belonging to the common school fund or to the congres- sional township school fund, received into the county treasury shall be loaned at 6 per cent, per annum, payable annually in advance, and the interest paid out as prescribed by the school law of this State, and not otherwise ; and any judgment upon any note or mortgage for any part of said fund shall bear 6 per cent, interest from the date thereof till the same is paid ; and no greater rate of interest than is herein specified shall be exacted or received upon any loan heretofore made at the rate of 8 per cent, per annum shall, from and after the taking eflJect of this act, draw 6 per cent, interest per annum, the same as if negotiated under the provisions of this act. (R. S. 1894, § 5796 ; R. S. 1897, § 6058.) 1. Repeal. This act repeals tliat of March 2, 1889. Acts 1889, p. 81. 2. Interest After Maturity. A school fund mortgage draws the same interest after maturity that it does before. — Stockwell ^K State, 101 Ind. 1. [1883, p. 75. Approved and in force March 3, 1883.] 408. Advertisement of funds. 1. Whenever, in any county of the State of Indiana, the school fund, or part of the school fund, apportioned to such county to be loaned out, remains un- loaned, it shall be the duty of the Auditor of said county to advertise, in the months of January, April, July and October, for three consecutive weeks, in a weekly newspaper published in said county, that such amount of the school fund remains un loaned, and that applicants for loans can secure the same by SCHOOL LAW OF INDIANA. 295 applying at his office and fulfilling the requirements of the law under which he is authorized to loan out the school fund. (R. S. 1894, § 5809 ; R. S. 1897, § 6063.) [1899, p. V26. Approved and in force February 24, 1899.] 409. Bulletin board of loans. 1. Each County Auditor within this State shall immediately upon the taking eiFect of this act, cause to be placed in a conspicuous place in the Au- ditor's office at the court house of this county a bulletin board, if such board is not already provided, on which bulletin board such County Auditor shall on the first of each month post or write a statement showing the amount of unloaned school funds, if any, in the count}^ treasury which statement shall be kept on said board during said month or until loaned by him. [Acts 1865, p. 3. Approved and in force March 6, 1865.J 410. Auditor's duty. 75. Such loans shall be made by the County Auditor, who shall inform himself of the value of tlie real estate offered in the mortgage and be satisfied of the validity of the title thereof; and all persons applying for a loan shall produce to said Auditor title papers, showing to his satis- faction, a good and sufficient title in fee-simple, without incum- brance, [and] not derived from sale for taxes. (R. S. 1881, § 4370; R. S. 1894, § 5797; R. S. 1897, § 6059.) 1. Prior Mortgage. The existence of an incumbrance to the knowledge of the Auditor does not invalidate the mortgage as against the borrower — Deming V. State, 23 Ind. 416. 2. Personal Security. A loan on personal security only, without a mort- gage, though a violation of the Auditor's duty, is nevertheless binding upon tlie borrower and the surety. — Scotten v. State, 51 Ind. 52. 3. Loan to Himself Unlawful. A mortgage executed by a County Auditor to secure a loan of a part of the common school fund made to himself is valid or invalid at the option of those having the supervisory control of the fund. The loan is unlawful as against public policy, and is a breach of the Auditor's official bond, but the mortgage may, both to the Auditor and those claiming under him, be resorted to and enforced as a means of reimbursing the fund, looking to the Auditor and his sureties for any deficiency that may remain after the mortgaged land has been exhausted. — State v. Levi, 99 Ind. 77. See also Stockwell v. State, 101 Ind. 1 ; State v. Greene, 101 Ind. 532, and Ware v. State, 74 Ind. 181. 4. Suit to Cancel Mortgage. A suit can not be maintained against the Auditor to cancel a school fund mortgage. — Crooks v. Kennett, 111 Ind. 347; Snodgrass v. Morris, 123 Ind. 425. 296 SCHOOL LAW OF INDIANA. 5. Auditor Agent of Public. In making a loan a County Auditor acts neither for himself nor the borrower, hut for the public; he possesses no powers except such as is given by statute ; and all persons are bound to take notice of the character in which he acts and his limited powers. — Davee v. State, 7 Ind. App. 71. 4il. Appraisement. 7G. The Auditor sliall require three disinterested freeholders of the neighborhood to appraise any land offered in mortgage. (P.. S. 1881, § 4371; R. S. 1894, § 5798; R. S. 1897, § 6060.) 412. Duty of appraisers. 77. Such appraisers, being first officially sworn, shall examine and appraise such land, and sign and give to the applicant a certificate, setting forth the fair cash Yalue of the land at the time, without taking into consid- eration perishable improvements. (R. S. 1881, § 4372 ; R. S. 1894, § 5799 ; R. S. 1897, § 6061.) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 413. Loans outside of county. 78. In making such loans preference shall be given to the inhabitants of the county: Provided, That whenever any of such funds shall have remained in the treasury of any county to which the same may belong for a period of three months, without being loaned to any inhabitant of said county, then the Auditor of said county may loan tlie same to any freeholder of any other county in Indiana, upon his complying with the law regulating such loans. When the land received as security for any' such loan is situated in any county of the State other than the one in which the loan is made, and there is default in the pa3^ment of interest or prin- cipal, the Auditor of the county making the loan shall at once transmit to the Auditor of the county where the land is situated a certified copy of the note and mortgage given for the loan, with a statement of su(;h default in payment, and the Auditor of such latter county shall, upon such certified copy, at once proceed to enforce the collection of such loan either by suit or sale of the land, as is now provided by laAv; and, after receiv- ing such certifi.ed copy by said Auditor, all steps taken, and all .proceedings had, with reference to said loan or the land which was mortgaged shall be the same as if tiie loan had originally been made out of the funds belonging to said county; and all • SCHOOL LAW OF INDIANA. 297 money collected or realized upon such loan shall at once, as soon as collected or realized, be paid over to the Auditor of the county having made the loan. (R. S. 1894, § 5800; R. S. 1897, § 6062.) • 1. Old Law. Until this section was enacted a loan could not be made out- side of the county, although the mortgage given to secure it was valid. — Skelton V. Bliss, 7 Ind. 77. [1901, p. 152. Approved and in force March 7, 1901.] 414. Loan of School and University Funds. 1. The principal of all moneys, whether belonging to the Common School Fund, the Congressional Township School Fund, or the Permanent Endowment Fund, Indiana University, received into the county treasury, shall be loaned at six per cent, per annum payable annually at the end of each year from the date of such loan. 415. Limit of loan. 2. The amount loaned to any person or company from the Common School Fund, the Congressional Township School Fund, or the Permanent Endowment Fund, Indiana University, shall not exceed four thousand dollars. 1. Exceeding Limit. Although the amount loaned exceed the amount allowed by this section, yet the loan is valid. — Deming v. State, 23 Ind. 416. 416. Percentage of value of land. 3. The sum loaned shall not exceed one-half the appraised value of the premises proposed to be mortgaged clear of all perishable improvements : Provided, That where [when] such premises are situated in a county other than that to which such fund may belong the sum loaned thereon shall not exceed forty per cent, of the appraised value of such premises, exclusive of perishable improvements, 417. Length of time. 4. ^o loan shall be made for a longer term than five years, and any borrower of such funds shall have the right to pay not less than ten per cent, of any sum so loaned to him at the end of any year during the matur- ing of said loan, and shall not be required to pay any interest thereafter on such sum paid. 298 SCHOOL LAW OP INDIANA. 418. County may borrow. 5. In any countj^ in this State where the Common School Fund, Congressional Township School Fund, or the Permanent Endowment Fund, Indiana University, or either of said funds, subject to loan by the County Auditor, shall accumulate to the amount of one thousand dol- kirs or more, and shall remain unloaned for a period of thirty days or more, and such county shall not have sufficient money in its treasury to pay the debts and obligations then owing by such county, it sliall be lawful for such county to borrow and use such unloaned school funds, or any portion thereof, for a period not exceeding five years. 419. Note of county — County Council. 6. Whenever any County Council shall determine to bon-ow and use any such funds under the provisions of this act, such Council shall cause to.be entered of record an order specifying the amount of such funds to be borrowed and used, and the time for which such loan shall be made, and shall execute to the State of Indiana, for the use of the said funds, a written obligation signed by the President of said Council, specifying the facts under which the same is executed, the sum of money borrowed, and the time when such money shall be repaid to such county. Said obliga- tion shall be deposited with the Auditor of the county, and shall be preserved by him as mortgages for loans of such funds are kept and preserved; and such Auditor shall make the same entries of record in his office respecting such loans as he is re- quired by law to make when loans of such funds are made to private individuals. 420. Auditor's warrant. 7. On the deposit of such obli- gation with the County Auditor, he shall draw his warrant upon the County Ti^asurer, in favor of such county, for the amount of money specified in such order and obligation ; and on presentation of such warrant to such Treasurer he shall transfer from the principal sum of the Common School Funds, the Congressional Township School Funds or the Permanent En- dowment Fund, Indiana University, in his hands, subject to loan, to the credit of the county revenue of such county, the amount of such warrants, and such sum shall become a pai't of the gen- eral revenue funds of the county. JSTo County Auditor shall act as SCHOOL LAW OF INBIANA. 299 agent foi^ any person, firm or corporation, either directly or in- directly, during his term of ofKce, in the negotiation of any loan of money, other than in loaning the funds mentioned in this act. 421. Rate of interest. 8. Any county borrowing and using any funds under the provisions of this act, shall be re- quired to pay interest for the use of such funds at the rate of six per cent, per annum. . 422. Payment of loan. 9. On the payment by any county of a loan made under this act, the same proceedings shall be had by tlxe County Auditor and Treasurer as is required by law to be taken and had, so far as entries upon their records are concerned, as when a loan of school funds or State University funds is paid by a private individual, and when such loan is fully paid, and a receipt therefor given by the County Treas- urer to the County Auditor, such Auditor shall enter of record a statement showing such payment and shall cancel the obliga- tion given by the County Council and file the same for future reference in the archives of his office. 423. Transfer from one county to another. 10. When- ever more than five thousand (5,000) dollars of either of said funds remains unloaned in any county for a period of six (6) months, it shall be the duty of the County Auditor to notify the Auditor of State of such fact, with the name of the fund to which such unloaned sum belongs, and the amount so unloaned. The Auditor of any county having applications for loans beyond the amount of the funds now apportioned to said county shall notify the Auditor of State of such fact, and the Auditor of State may transfer the unloaned funds from any county to any other county, crediting the county from which the same is transferred with the amount so transferred, and charging the county to which the same is transferred with such amount, and thereafter the county to which such sum is transferred shall account for the interest thereon. 1. Note. Section ]1 repeals all laws in conflict with the ten preceding sec- tions. [1881 , p. 99. Approved and in force April 14, 1881.] 424. Certificate as to liens. 1. An applicant for a loan of a part of the Common School Fund or of the Congressional Township School Fund shall file with the Auditor of the county 300 SCHOOL LAW OF INDIANA. the certificate of the Clerk and Recorder of the county that there is no incumbrance on the land offered as a security for the loan in either of said ofiices : Provided, That where the records, books and papers of the Clerk's oflSce have been destroyed by fire, the Clerk's certificate shall only state the fact and date of such de- struction, and that there is no incumbrance on said land appear- ing from any of the records, books and papers then on file in his office, and that there is no incumbrance on said land in his office of which he has any knowledge. The applicant shall also; in such case, execute to the State of Indiana, for the benefit of the common school fund, a bond with one or more freehold sureties to the approval of the Auditor, conditioned for the pay- me.nt of so much of the loan as may be lost by reason of any incumbrance or lien upon the land which was evidenced by the records, books or paper in the Clerk's office which have been de- stroyed. (R. S. 1881, § 4375 ; R.S. 1894, §5802; R. S. 1897, §6065.) 1. Evidence. For the purpose of showing that the law was complied with in making a loan, the certificate of the Clerk and Recorder and the affidavit of the mortgagor are competent evidence to show a compliance with this statute. — Stock- well V. State, 101 Ind. 1. 2. Prior Lien. At the time the loan was made there was a prior incum- brance on the lands mortgaged, of which fact the Auditor had notice by the bor- rower's affidavit of title, but it was held that the mortgage was valid as against the borrower. — Deming v. State, 23 Ind. 416. 3. Negligence op Auditor — Irregularity of Loan. A complaint to enjoin a sale of land by a County Auditor to satisfy a School Fund mortgage, which shows that the plaintiff, after the mortgage was executed, purchased the land under the foreclosure of a secret vendor's lien antedating the mortgage, and alleges that the plaintiff, at the time the mortgage was executed, held a judgment against the mortgagor, but makes no claim of title under that judgment, and alleges fur- ther that the Auditor in faking the mortgage failed to require an oath of the mort- gagor and a certificate of the Clerk and Recorder that the land was unincumbei-ed, and also failed to have the property appraised, as provided by law, is not sufficient to entitle the plaintiff to an injunction or to avoid the mortgage. — Winstandley v. Crim, 117 Ind. 328. [1865, p. 3. Approved and in force March 6>1865.] 425. Oath of applicant. 81. Such applicant shall make oath that there is no incumbrance or better claim, that he knows of, and that the abstract of the title presented by him is, as he believes, a true one. (R. S. 1881, §4376 ; R. S. 1894, §5803 ; R.S. 1897, §6066.) 1. No Affidavit. A failure to make the affidavit* does not render the loan void.— Winstandley v. Crim, 117 Ind. 328. SCHOOL LAW OF INDIANA. 301 2. Mareied Woman. Where a married woman, in executing the usual preliminary papers, states that she is the owner of the land and is also the borrower, she can not thereafter assert that her husband was borrowing the money and she was only his surety.— State v. Frazier, 134 Ind. 648; Lloyd v. State, 134 Ind. 506; Davee v. State, 7 Ind. App. 71; Snodgrass i;. Morris, 123, Ind. 425; Trimble v. State, 145 Ind. 154. But if her husband is the borrower, and she makes no declaration in the preliminary papers that she is the borrower, her mortgage on her land for the amount borrowed is invalid. — Welch v. Fisk, 139 Ind. 637. 426. Time of Loan. 82. JSTo loan shall be made for a longer term than five years. (R. S. 1881, §4377; R. S. 1894, §5804; R. S. 1897, §6067.) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 427. Limit of loan. 3. The sum loaned shall not exceed one-half of the appraised value of the premises proposed to be mortgaged, clear of all perishable improvements : Provided, That where such premises are situated in a county other than that which such fund may belong, the sum loaned thereon shall not exceed one-fourth of the appraised value of such premises, exclusive of perishable improvements. Such value to be deter- mined by existing laws of the State of Indiana. It is hereby made the duty of the Board of Commissioners of each county in this State, at their first regular session after the taking eft'ect of this act, to appoint in each Commissioner's district of the county three reputable freeholders, any two of whom, without the concurrence of the third, may act as school fund appraisers, whose duty it shall be upon oath to make all the appraisements of lands in their respective districts, required in this act or in the act of which this is amendatory. Said appraisers, or any of them, may be removed and new ones appointed by said Board at any regular or special session, and in case any of such appraisers is at any time disqualified, by reason of kinship or interest, from acting, the appraisement shall be made by the other appraisers, who, in case of a disagreement, shall select a third appraiser. Said appraiser shall receive the same compen- sation for making each appraisement, and be paid in the same manner as such ajypraisers are now paid. (R, S. 1894, § 5805 ; R. S. 1897, § 6068.) 1. vSee section 415, page 297, in regard to limit of loan. The act of 1901 prevails. 302 SCHOOL LAW OF INDIANA. [1865, p. 3. Approved and in force March 6, 1865.] 428. Acknowledgments and oaths. 84. The Auditor shall have the power to administer all oaths and take all ac- knowledgments required hy this act. (R. S. 1881, § 4379; R. S= 1894, § 5806; R. S. 1897, § 6069.) 429. Record of mortgages — Priority. 85. Mortgages taken for such loans shall be considered of record from the date thereof, and shall have priority of all mortgages or con- veyances not previously recorded, and all other liens not pre- viously incurred, in the county where the land lies. (R. S. 1881, § 4380 ; R. S. 1894, § 5807 ; R. S. 1897, § 6070.) 1. Lien Without Record. A school fund mortgage is a lien upon the land as to suhsequent purchasers without being recorded. — West v. Wright, 98 Ind. 335 ; Darning v. State, 23 Ind. 416. 2. Parties holding or claiming through the mortgagor in a school fund mort- gage are bound to take notice of the mortgage, though not recorded. A school fund mortgage is not void as to the State because the County Auditor has made the loan to himself. Such mortgage draws the same interest after foreclosure as before maturity. — Stockwell v. State, 101 Ind. 1 . 3. Tax Title Subject to Mortgage. The purchaser and grantee of real estate, under the tax deed, takes his title to such real estate under the provisions of R. S. 1894, §8623; R. S. 1897, §9158, and subject to all the claims which the State may have thereon for taxes, or other liens or incumbrances, such as a mort- gage executed thereon to the State, as a security for the payment of a loan to the school fund, prior to such tax sale and the execution of such tax deed. This is so, although the taxes for which the real estate was sold, had been assessed and delinquent before the execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. So a sale of lands for taxes which accrued after the execution of a school fund mortgage is subject to the mortgage lien. — Stockwell v. State, 101 Ind. 1. Where a mortgage to secure a school fund loan is assumed by the pur- chasers of the real estate, the mortgagors to whom the loan was made do not, by a subsequent purchase of the real estate sold by the Auditor to satisfy the mort- gage take the property divested of liens for taxes assessed by the city in which the property is situated. — City of Logansport v. McConnell, 121 Ind. 416. 4. Notice of Mortgage— Purchaser at Tax Sale. Land on which the owner has placed a school fund mortgage is as much liable to taxation as any other land ; and a person buying it at tax sale within the year for redemption from a sale on foreclosure of mortgage can not recover the amount paid for taxes. At most the mortgage is only a first lien to city taxes. The purchaser is bound to take notice of the school mortgage and decree of foreclosuj'e. He must be held to pur- chase with full knowledge of mortgage, the foreclosure, and to have purchased subject to the lien. — McWhinney v. City of Logansport, 132 Ind. 9. 430. Auditor's duty. 86. The Auditor shall cause such mortgages to be recorded immediately, retaining the cost of SCHOOL LAW OF INDIANA. . 303 \ recording om of the money borrowed. (R. S. 1881, § 4381 ; R. S. 1894, § 5808; R. S. 1897, § 6071.) 1. Acknowledgments. If the mortgage be recorded, not being acknowl- edged or proved as our general laws require to admit mortgages to record in the Recorder's office, such record is no notice to subsequent bona fide purchasers. But the act of 1843 (now § 308) requires that such mortgages shall be deemed recorded from their date; and this is notice. — Deming v. State, 23 Ind. 416; Mann v. State, 116 Ind. 383. 2. Lien Without Record. A school fund mortgage is a lien upon the land as to subsequent purchasers, without being recorded. — West v. Wright, 98 Ind. 335. 3. Cancellation of Mortgage. An action to cancel a school fund mort- gage will not lie against a County Auditor; the State is the party in interest. — Crooks V. Kennett, 111 Ind. 347; Snodgrass v. Morris, 123 Ind. 425. 431. Fees. 108. The following fees only shall be charged in cases of mortgage for loans : To each appraiser, fifty cents ; for recording mortgage, one dollar; for drawing mortgage, one dollar; for making borrower's affidavit, ten cents; for Clerk's certificate, fifty cents ; for Recorder's certificate and examining title, each one dollar; which shall be paid by the borrower. (R. S. 1881, § 4382 ; R. S. 1894, § 5810 ; R. S. 1897, § 6072.) 432. Interest unpaid — Auditor's duty. 87. On failure to pay any installment of interest when the same becomes due, the principal sum shall forthwith become due and payable, and the Auditor may proceed to collect the same by suit on the note, or by sale of the mortgaged premises. He may also, by suit, recover the possession of the mortgaged premises before sale thereof; and he shall, on the fourth Monday in March, annually, offer for sale all mortgaged land on which payments of interest are due on the first day of January and unpaid on the day of sale. (R. S. 1881, § 4383 ; R. S. 1894, § 5811 ; R. S. 1897, § 6073.) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 433. Collection on default. 4. It shall be the duty of the Auditor of each county, in case default shall be or has been made in the payment of principal or interest of any school fund loan, to at once proceed to enforce the collection of such prin- cipal or interest, as the case may be ; and any Auditor who shall fail or refuse to comply with the requirements of this section shall be deemed guilty of a misdemeanor, and upon conviction 304 SCHOOL LAW OF INDIANA. shall be fined in any sum not exceeding one thousand dollars, (R. S. 1894, § 5812 ; R. S. 1897, § 6074.) 1. Statute Maistdatory. In selling lands, the Auditor must strictly fol- low the requirements of the statutes upon the subject. Where sale is made to make a greater sum than is due, the sale is void ; and where the borrower has made a payment of interest, and failed to file the Treasurer's receijat with the Auditor, it will not excuse the Auditor for selling to make a sum greater than is really due. — Key v. Ostrander, 29 Ind. 1 ; Arnold v. Gaff, 58 Ind. 543. The law in force at the time of sale, providing the method, notice and other elements of remedy, governs the sale. — Webb ■;;. Moore, 25 Ind. 4 ; Jones v. Hopkins, 26 Ind. 450; Moore i). Seaton, 31 Ind. 11. 2. Tax and Other State Liens. The purchaser at a tax sale takes the land subject to a school mortgage or any other lien held by the State. This is so, although the taxes for which the real estate was sold, had been assessed and delinquent be- fore the execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. So a sale of lands for taxes which accrued after the execution of a school fund mortgage is subject to the mortgage lien. — Stockwell v. State, 101 Ind. 1. Where a mortgage to secure a school fund loan is assumed by the purchasers of the real estate the mortgagors to whom the loan was made do not, by a subsequent pur- chase of the real estate sold by the Auditor to satisfy the mortgage take the prop- erty divested of liens for taxes assessed by the city in which the property is situ- ated. — City of Logansport v. McConnell, 121 Ind. 416. 3. Can Not Eelease Without Payment. The Auditor of a county has no authority to release a school mortgage unless the money is paid, and where a party is entitled by his contract to an unincumbered title, he is not compelled to accept a conveyance of land thus encumbered, though the Auditor has released the mortgage of record. — Conley v. Dibber, 91 Ind. 413. 4. When Auditor May Proceed. The Auditor may proceed, immedi- ately upon default in the payment of the principal or interest, to collect the en- tire mortgage due, and he has no discretion in offering for sale, on the fourth Monday in March, all such lands in default on the first day of January. 5. Foreclosure. A suit by the County Auditor to foreclose a mortgage may be maintained instead of resorting to statutory proceedings. — Deming v. State, 23 Ind. 416; Ferris t). Cravens, 65 Ind. 262; Stockwell v. State, 101 Ind. 1; Kendall v. Green, 101 Ind. 532. 434. Fund to be specified. 88. The mortgage may be, in substance, as follows; and the Auditor shall specify therein whether the same belongs to the common school fund or to the congressional township fund, and, if the latter, the particular township or townships whose funds are thus loaned. (R. S. 1881, §4384; R. S. 1894, §5813; R. S. 1897, §6075.) 1. Omissions to Specify. The omission to state the particular fund does not render the mortgage void. — Benefiel v. Aughe, 93 Ind. 401, 407; Ellis v. State, ? Ind. 262. BCHOOL LAW OF INDIANA. 305 435. Form of mortgage. 89. I, A. B., of the county of , in the State of Indiana, do mortgage to the State of Indiana, for the use of [here describe the fund out of which the loan was made] all [here describe the land], for the pay- ment of — ^ — dollars, with interest at the rate of eight per cent. per annum, payable annually in advance, according to the conditions of the note hereto annexed. (R, S. 1881, §4385; E. S. 1894, §5814; R. S. 1897, §6076.) 1. Construction. For cases on school mortgages, see Burk v. Axt, 85 Ind. 512 ; Nolan v. State, 115 Ind. 529. 2. Description. A description of land in a school fund mortgage as "the northeast part" of a specified tract, "containing ninety acres," is insufficient, and an Auditor's sale made thereunder is invalid. — Burk v. Axt, 85 Ind. 512. If the mortgage does not contain a proper description of the land, such description may be corrected on a decree to foreclose the mortgage. — Noland v. State, 115 Ind. 529. 3. Presumption. A deed or mortgage made in the form prescribed by the law of this State, and purporting to have been acknowledged in this State between parties residing in the State, and containing nothing to indicate a contrary inten- tion, will be presumed by the courts to be of land in this State. Where both the county and State are omitted from the description of land embraced in a mortgage, but it appears on the face of the mortgage that it was executed by parties residing in a certain county for the purpose of securing a loan of school funds borrowed by the mortgagor, through the Auditor of that county, it will be presumed, without more, that the land is there situated. — Mann v. State, 116 Ind. 383. Quare: Would this rule of presumption prevail now, since Auditors may lend outside of their counties? 4. Cancelling Mortgage. In an action to set aside and cancel a school fund mortgage, the County Auditor is not a proper defendant, and a judgment against such officer in such actions will not bind the State, it not being a party, and it is very doubtful if the State can even be thus sued. — Crooks v. Kennett, 111 Ind. 347 ; see Snodgrass v. Morris, 123 Ind. 425. 5. Wife. A wife may borrow money and mortgage her own land to discharge valid liens thereon, or for a purpose that enures to its benefit or protection. — Noland v. State, 115 Ind. 529. 6. Loan to Married Women — Estoppel. If a married woman, to obtain a loan, complies with all the statutory requirements in relation thereto and executes a mortgage upon her separate real estate, she is estopped from questioning the validity of the mortgage; and the fact that the Auditor may have had knowledge that he was obtaining llie loan as security for another, can not affect the validity of the mortgage when he acted within the letter of the statute, and the mortgage has been voluntarily executed. — Davee v. Board, 7 Ind. App. 71. The Auditor must pay her the money, and if he pay another he will be personally liable ; but in such an instance the mortgage will be valid. — Lloyd v. State, 134 Ind. 506. But if she gives a mortgage for a loan made to her husband or any other person, the mortgage is invalid. — State v. Frazier, 134 Ind. 648. 20— ScH. Law. 306 SCHOOL LAW OF INDIANA. 436. Form of note. 00. The note accompanying tlie same may be in substance as follows, to wit : I, A. B., promise to pay to the State of Indiana, for the use of [here recite the partic- ular fund], on or before , the sum of dollars, with interest thereon at the rate of eight per cent, per annum in advance, commencing on the day of ,18 — ; and do agree that, in case of failure to pay any installment of inter- est when the same shall become due, the principal sum shall become due and payable, together with all arrears of interest ; and on failure to pay such principal or interest when due, two per cent, damages shall be collected, with costs, and the prem- ises mortgaged may be sold by the County Auditor for the payment of such principal sum, interest, damages and costs. (R. S. 1881, § 4-386; R. S. 1894, § 5815; R. S. 1897, § 6077.) 1. Note Not Signed. A mortgage executed to secure a note attached to it is binding, though the note is not signed; and there is no error in allowing the note to be read in evidence, it being a part of the mortgage.— McFadden v. State, 82 Ind. 558. 2. Illegal Fees. As to attorney fees charged for collecting a note, see Coleman v. Goben, 16 Ind. App. 346. 437. Warrant to borrower. 91. On making a loan of any fund, the Auditor shall draw his Avarrant in favor of the borrower' upon the County Treasurer, who shall charge it to the proper fund. (R. S. 1881, § 4387 ; R. S. 1894, § 5816; R. S. 1897, § 6078.) Payments — Q,uietus. 92. All loans refunded and all interest shall be paid to the County Ti^easurer, and his receipt shall be filed with the County Auditor, who shall give the payer a quietus therefor, and make proper entries. (R. S. 1881, § 4388; R„ S. 1894, § 5817; R. S. 1897, § 6079.) 1. Note. The Auditor is bound to take notice of a payment to the Treas- urer, whether or not receipt has been filed with him.^ — Key v. Ostrander, 29 Ind. 1. 2. Payment to Treasurer and Not to Auditor. Payment should be made to the County Treasurer and not to the County Auditor. — Cole v. Miller, 60 Ind. 463. 3. Cancellation of Mortgage. A purchaser of the land mortgaged has a right to rely upon the cancellation of such mortgage by the Auditor; and need not inquire if the money due on it has been paid to the County Treasurer. — Slaughter v. State, 132 Ind. 465. SCHOOL LAW OF INDIANA. 307 439. Indorsements and satisfaction. 93. Whenever the amount due on any mortgage shall be paid, and the Treasurer's receipt therefor filed, the Auditor shall indorse on the note and mortgage that the same has been duly satisfied, and surrender the same to the person entitled thereto; and, on production of the same thus endorsed, the Recorder shall enter satisfaction upon the record. (R. S. 1881, § 4389 ; R. S. 1894, § 5818 ; R. S. 1897, § 6080.) 1. Entry of Satisfaction. The County Eecorder can enter satisfaction of a school fund mortgage before foreclosure only upon indorsement by the County Auditor that the same has been fully paid. — Stockwell v. State, 101 Ind. 1. 2. Release Without Payment. A release of a mortgage by the County Auditor without payment is invalid. — Conley v. Dibber, 91 Ind. 413; see Slaughter V. State, 132 Ind. 465. 3. Improperly Satisfied If a mortgage be improperly satisfied it may still be enforced. — State v. Greene, 101 Ind. 532, but a purchaser in good faith will be protected; Slaughter v. State, 132 Ind. 465. 440. Suit for deficiency. 94. In all cases where the mort- gaged premises shall fail to sell for a sum sufiicient to satisfy the principal and interest of the loan made, and the damages accrued by reason of such failure, and costs, the County Auditor shall bring suit on the notes executed by the mortgagor ; and whenever judgment shall be rendered thereon, no appraisement of property shall be allowed on execution issued on such judg- ment. (R. S. 1881, § 4890; R. S. 1894, § 5819; R. S. 1897, § 6081.) • 1. The Relator. The County Auditor is the proper relator in a suit to re- cover school funds loaned. — Scotten v. State, 51 Ind. 52; Lopp v. Woodward, 1 Ind. App. 105. 2. When Suit for Deficiency May be Brought. A County Auditor who bids in, at public auction, land mortgaged to the school fund, can not proceed on the note executed by the mortgagor until he has made the subsequent sale re- quired by section 443, and fails to realize enough to satisfy the amount due. — Clark V. State, 109 Ind. 388. 3. Judgment. The property may be ordered sold, in the judgment, without appraisement. — Stockwell v. State, 101 Ind. 1. 441. Notice of sales. 95. Before sale of mortgaged prem- ises, the Auditor shall advertise the same in some newspaper printed in the county where the land lies, if any there be (other- wise, in a paper in the State nearest thereto), for three weeks 308 SCHOOL LAW OF INDIANA. successively, and, also, by notice set up at the court liouse cloor and at three public places in the township where the land lies. (R. S. 1881, § 4391 ; R. S. 1894, § 5820 ; R. S. 1897, § 6082.) 1. Length of Notice. The Legislature may change the requisite length of notice even after the mortgage has been given. — Jones v. Hopkins, 26 Ind. 450. 2. No Compensation. The Auditor is not entitled to compensation for post- ing notices of sale. — The Board v. Leslie, 63 Ind. 492. 3. Sale Without Notice. A sale without notice is not such new matter as will entitle the mortgagor to a new filing of the amount owed by him. — Peyton t). Kruger, 77 Ind. 486. A failure to give notice will render the sale void. — Brown 1), Ogg, 85 Ind. 234. 4. Sufficiency of Notice. A notice, under this section, describing the in- debtedness as due the "Common and Congressional School Fund" is sufficient. If the notice contains a correct description of the land by metes and bounds it is sufficient, although it erroneously states that the land was conveyed by a certain deed. "All tracts may be included in one notice, if they be exposed for sale as separate tracts. The courts will presume the land lies in the county of the sale where the section, township and range are given. — Kichardson v. Hedges, 150 Ind. 53. 442. Manner of sale— Surplus. 96. At such sale (which shall be held at the court house door), the Auditor shall sell so much of the mortgaged premises, to the highest bidder, for cash, as will pay the amount due for principal, interest, damages and costs. When less than the whole tract mortgaged shall be sold, the quantity sold shall be taken in a square form, as nearly as possible, off the northwesterly corner of said tract ; and when less than the whole of any in-lot or out-lot of any town or city shall be sold, the part sold shall be laid out and taken off, so that it shall extend from the main or principal street or alley on which the said lot fronts, to the rear thereof, to divide the same by a line as nearly parallel with the boundaries of said lot as practicable, and if less than the whole is sold, the Auditor, in his notice of sale, shall indicate off of which side or end of said lot the part to be sold, shall be taken; and if more than one tract of land is included in the mortgaged premises, the Auditor shall elect which tract or tracts shall be sold, saving to the mortgagor, if practicable, the tract on which his house is located. If a tract of land so mortgaged, and liable to be sold to satisfy the mortgage, can not be divided without materially diminishing the. value of such tract; or if any in-lot or out-lot be indivisible by reason of extensive buildings or other im- SCHOOL LAW OF INDIANA. 309 provements thereon, the Auditor may sell the whole thereof, and, after paying the amount due for principal, interest, dam- ages and costs, out of the purchase-money, shall pay the bal- ance, if any, to the mortgagor ; and if the Auditor sell any part of a tract of land, out-lot or in-lot for more than the amount of principal, interest, damages and costs, the excess, if any, shall be paid to the mortgagor. (R. S. 1881, §4392; R. S. 1894, § 5821 ; R. S. 1897, § 6083.) 1. Division Immaterial. The Auditor can sell in no other way than that provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set aside a sale made by the Auditor, where the mortgage debt, penalty and costs aggregate one hundred and fifty-two dollars and twenty cents, though the land was worth four thousand dollars, and could have been divided without materially diminishing its value, it was held to be immaterial that he did not, at the sale, offer any part in the form of a square, or otherwise, off of the northwest corner thereof . — Arnold V. Gaff, 58 Ind. 543. 2. Statute Must Be Pursued. The County Auditor, in making a sale of land in satisfaction of a School Fund Mortgage, has ho power to sell in any other mode than that prescribed by the statute, and the burden is upon one claiming title under such a sale to show that the statutory requirements have been strictly pursued. — Haynes ■!;. Cox, 118 Ind. 184. 3. Portion Sold. Where the Auditor, in selling less than the whole tract mortgaged, does not take the quantity out of the northwesterly corner of the tract, as required by the statute, but, on the contrary, takes it from another and entirely distinct portion thereof, he exceeds his power and the sale is invalid.- — Haynes v. Cox, 118 Ind. 184. 4. Statute Must Be Strictly Pursued. In a sale of real estate the stat- ute must be strictly pursued or the sale will be void. — Williamson v. Doe, 7 Blackf. 12; Benefield v. Aughe, 93 Ind. 401; Ferris v. Cravens, 65 Ind. 262. 5. Sale For More Than Due. A sale for a sum greater than is due at the time of the sale is void. — Betson v. State, 47 Ind. 54; Key v. Ostrander, 29 Ind. 1; Vail V. McKernan, 21 Ind. 421; Board of Com. v. State, 122 Ind. 333; Brown v. Ogg, 85 Ind. 234. 6. Redemption. The purchaser takes an absolute title, and junior incum- . brances have no right to redeem from the sale. — Schnantz v. Schellhaus, 37 Ind. 85. 7. Sale in Parcels. The County Auditor need not offer the mortgaged premises in parcels, where they are described in the mortgage as a single tract. — Shannon v. Hay, 106 Ind. 589. 8. Appraisement. Upon the foreclosure of a School Fund mortgage, the court may order the land sold without appraisement. — Stockwell v. State, 101 Ind. 1. 9. Quieting Title. One whose land has been sold to satisfy a School Fund mortgage executed by him can not maintain an action to quiet title against the purchaser, although the sale was void, without first paying or tendering to the latter the amount paid by him. — Shannon v. Hay, 106 Ind. 589. 10. Rate of Interest. A School Fund mortgage draws the same interest after as before maturity. — Stockwell v. State, 101 Ind. 1. By act of 1893 the rate is six per cent. 310 SCHOOL LAW OP INDIANA. 11. When Altditor Must Bid. It is the duty of the Auditor to offer the mortgaged premises in the manner provided by the statute; and if, after offering it for sale in that manner, no one bids the amount due, he must bid the property in for the use of the fund secured by the mortgage. — Haynes v. Cox, 118 Ind. 184. 12. Subrogation. The purchaser of land sold by an Auditor under a School Fund mortgage, the sale having been set aside as invalid, may be subrogated to the rights of the State in the mortgage; and the fact that there was a mistaken description, if the mistake can be corrected, does not affect the right of subroga- tion on the part of the purchaser. — Willson v. Brown, 82 Ind. 471. 13. Conveyance — Description Made Good by Keference. A defective description in a deed or mortgage is made good by a reference to another deed which contains a true description. — Willson v. Brown, 82 Ind. 471. 14. Merger of Mortgage. When the mortgage has been foreclosed, the mortgage is merged in the foreclosure, and the Auditor can not sell under it. — ■ Ferris r. Cravens, 65 Ind. 262. 443. Auditor's bid. 97. In case of no bid for the amount clue, the Auditor shall hid in the same on account of the fund, and, as soon thereafter as may he, shall sell the same — having ■first caused it to be appraised by three disinterested freeholders of the neighborhood — upon the following terms, viz. : One-third cash in hand, and the balance in four equal installments, due in one, two, three and four years, respectively, from the day of sale, bearing interest at six per cent, per annum, payable annually in advance; but no such sale shall be for a less sum than the appraised value thereof. (R. S. 1881, § 4393 ; R. S. 1894, § 5822 ; R. S. 1897, § 6084.) 1. Statute Mandatory. The Auditor has no power to sell for cash, nor on a credit of less than five years, nor without first having the land appraised, nor for a less sum than the appraised value. — Ferris v. Cravens, 65 Ind. 262. 2. Duty of Auditor. It is the duty of the Auditor to offer the mortgaged premises in the manner prescribed by the statute; and, if, after offering it for sale in that manner, no one bids the amount due, he must bid the property in for the use of the fund secured by the mortgage. — Haynes v. Cox, 119 Ind. 184. 3. Keimbursing County. Where the mortgagor fails to pay the interest for a number of years, and during those years the county pays it out of its general fund, and afterwards the mortgage is foreclosed, and the land is bid in by the Auditor on account of the school fund, and subsequently the land is sold and conveyed to a third party, the school fund is only entitled to the principal of said loan and the interest thereon, until after the county treasury is reimbursed because of the interest it has paid to said fund on account of said loan. — Board V. State, 122 Ind. 333. 4. SuEPiiUS. This section is construed with section 333. Whenever the land is sold, the county takes out the amount of principal of the mortgage for which it was bought in, the amount of interest, damages and costs, and the surplus goes to the original mortgagor or his grantee. — Boards. State, 122 Ind. 333. 5. Section 382. Section 382 has no reference to a sale under this section.— Board v. State, 122 Ind. 333. SCHOOL LAW OF INDIANA. 311 fl865, p. 3. Approved and in force March 6, 1865.] 444. Sale of lands bid in. 98. Lands heretofore bought in on account of the fund, which have been appraised, shall be sold in like manner ; and if, upon sale of any such land, a sum is realized which is more than sufficient to pay the principal, interest, damages and costs, the overplus shall be paid to the original mortgagor, his heirs or assigns, when collected. (R. S. 1881, §4394; R. S. 1894, §5823; R. S. 1897, §6085.) 1. Suit on Note. A suit can not be brought on the note by the County Auditor, where he has bid in the property mortgaged to secure such note, until he has made the subsequent sale required by this section, and failed to realize enough to satisfy the amount due. — Clark v. State, 109 Ind. 388. 2. Taxes. The lien of taxes which accrued on lands mortgaged to the school fund subsequent to the mortgage is merged in the fee, where the laud is bid in by the county, and taxes can not accrue on the land subsequently, until a purchase certificate is issued on a sale thereof. — See Hamilton v. State, 1 Ind. 128; Groom V. State, 24 Ind. 255 ; City of Logansport v. McConnell, 121 Ind. 416. 3. Legalizing Act. For act legalizing lands sold by Auditor, see Acts 1895, p. 86. [1883, p. 79. Approved and in force March 3, 1883.] 445. Re-appraisement of forfeited lands. 1. All lands which have become forfeited and have reverted, or may here- after be forfeited and revert to the various townships in the several counties of this State, for failure to pay the interest or principal of the amount due thereon to the school fund, and which have remained, or hereafter remain, unsold for the period of three years, by reason of the aniount due thereon being in excess of the values of said lands, may be re-appraised and sold for a sum not less than said re-appraised value thereof; such re-appraisement and sale to be made in the same manner and upon the same terms and conditions as is now prescribed by law for the appraisement and sale of such lands. (R. 8. 1894, § 5776 ; R. S. 1897, § 6038.) 446. Appropriation by Commissioners. 2. Upon the sale of such lands, as provided for in the preceding section of this act, the Board of County Commissioners of the several counties in which said lands are situated may make an appropriation, from the general county funds, a sum equal to the difterence between the amount for which said lands shall have been for- 312 SCHOOL LAW OF INDIANA. feitecl and the amount for whicli such lands shall have last sold ; said sura appropriated to be placed to the credit of the proper fund, and loaned as other school funds are loaned. (R. S. 1894, § 5777 ; R. S. 1897, § 6039.) [1865, p. S. Approved and in force March 6, 1865.] 447. Deed by Auditor. 99. Upon full payment being made for such lands, the deed therefor shall be executed by the County Auditor, and shall be entered in the record of the Board of County Commissioners before delivery. '(R. S. 1881, § 4395 ; R. S. 1894, § 5824; R. S. 1897, § 6087.) 1. Recokd of Deed. A recording of the deed in the Commissioners' record is a condition precedent to its delivery, and a necessary step in the sale. — -Arnold V. Gaff, 58 Ind. 543. 2. The Deed as Evidence. It is the deed alone that vests the title in the purchaser, and if the deed does not state that the proper steps have been taken to perfect a sale, it is no evidence that those steps have been taken. — Williamson v. Doe, 7. Blackf. 12. 3. Tendeb of Deed. A suit for the purchase money can not be made with- out tender of a deed for the property, recorded as required above, not absolute but conditional upon payment therefor. — Johnson v. State, 74 Ind. 588. 4. Payment. The amount bid is paid to the Treasurer, and not to the Auditor.— Cole v. Miller, 60 Ind. 463. 5. Taxes. The title of the pui-chaser vests in the purchaser freed from all assessments and taxes made or levied between the date of the mortgage and the date of the deed. — Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255. 6. Subrogation. If the sale prove invalid, and is set aside, the purchaser may be subrogated to the rights of the State in the mortgage. — Willson v. Brown, 82 Ind. 471. 448. Statement of sales. 100. At the public sale at the court house door provided for in this act, the County Treasurer shall also attend, and make a statement of such sales, which shall be signed by the Auditor and Treasurer, and after being-' recorded in the Auditor's office shall be filed in the Treasurer's office; and such record, or a copy thereof, authenticated by the Auditor's or Treasurer's certificate, shall be received as evidence of the matters contained therein. (R. S. 1881, §4396; R. S. 1894, § 5825 ; R. S. 1897, §6088.) 1. Statement Signed. This statement must be signed by both Auditor and Treasurer, or the sale will be void. — Arnold v. Gaff,, q8 Ind. 543; Benefiel v^ Aughe, 93 Ind. 401. ' . SCHOOL LAW OP INDIANA. 3l3 449. Title in State without deed. 101. When any land is laid [bid] off hy the Auditor at such sale, no deed need be made therefor to the State ; but the statement of such sale, and the record thereof, shall vest the title in the State, for the use of the proper fund. (R. S. 1881, § 4397 ; R. S. 1894, § 5826 ; R. S. 1897, § 6089.) [1899, p. 55. Approved February 17, 1899. In force April 28, 1899.] 450. Conveyance to county. 1. In cases where lands have been mortgaged to the Common School Funds or Con- gressional School Fund, and there is a default in the payment of the interest, or the interest and principal, and the Auditor is unable to sell such lands for a sum sufficient to pay such loan, as j^rovided by law, and the county shall pay the same to said School Fund, the Board of Commissioners may in regular or special session, if it is for the best interest of the county in the re-imbursement of its general fund, accept, in the name of the county, a conveyance of said land from the owners and take possession thereof. 451. Suit to foreclose. 2. That in cases where lands mort- gaged to the Common School Fund or Congressional School Fund have been offered for sale and bought by the Auditor on account of the fund, and has been re-offered for sale and no bid received sufficient to pay the principal, interest, damages and costs accrued on said loan, as otherwise provided by law, and the county shall pay the same to said School Fund, the lien which the State has by reason of said mortgage, or said prior bid by the Auditor on account of the fund, shall inure to the benefit of said county, and in such case the Auditor may pro- ceed to collect the amount due the county, by suit foreclosing such lien and recovering a personal judgment against the makers of said mortgage, or by either form of aj3tion, for the amount due the county, and he may also in same suit recover the possession of the mortgaged premises and quiet title thereto, and all liens and rights against the land may be adjusted as in other equitable actions; and the same relief may also be given in suits to foreclose such mortgages. All such sales shall be S14 SCHOOL LAW OF INDIANA- ordered without relief from valuation or appraisement laws, and shall be absolute and the purchaser immediately entitled to a conveyance. 452. Purchase by county. 3. The Board of Commission- ers, when the county in either case has paid the principal and interest due such School Fund for the purpose of re-imbursing the county, if, in the opinion of the Board, it shall be to the best interest of the county, may cause the land, which has been ordered sold in such decree of the Court, to be purchased at such judicial sale in the name of the county for any price, or au}'^ maximum price it may fix, not in any case exceeding the full amount of the principal, interest, cost and accrued costs due on such decree at the date of such sale. The officer making the sale shall execute a deed to the county for such real estate. 453. Lease of land purchased. 4. The Board of Com- missioners may lease the real estate acquired under this act for a period not exceeding one year at a»time upon such terms as the Board may fix until the same shall be sold, that said lease shall be in writing, approved by said Board and spread upon its record. The Auditor shall be authorized to collect such rents, and if in kind sell the same in the markets and pay the proceeds to the County Treasurer as a part of the general fund. 454. Sale of land — Appraisement. 5. The Board of Commissioners, at any regular or special session, shall order such real estate to be sold by the Auditor at his ofiBce at public or private sale, such order shall fix the terms of sale, which may be in cash, or by installments with interest and such security as the Board may require, such credits may extend through a period not longer than five years. Before making such sale the Auditor shall cause the land to be appraised by three free-hold- ers of the county acquainted with the land and who shall be sworn to honesly and impartially appraise the land at its fair cash value, which oath shall be endorsed on the appraisement. The Auditor shall advertise such sale, giving a description of the real estate to be sold and the terms of sale as ordered by the board, for at least thirty days in some newspaper of the county SCHOOL LAW OP INDIANA. 315 and by posting at least five notices in the township where the land is situated and one at the court house of the county. Such real estate shall uot he sold for less than the appraised value. The board may, if no sale is made within a reasonable time, at any time thereafter, order a re-appraisement or change the terms of such sale by giving further notice in the same manner as herein before provided. Proof of notice and the ap- praisement must be filed with the Auditor. When such sale shall have been made the Auditor shall report the same at the next regular session of the board. Objections may be fi.led within three days from the first day of the term at which such sale is reported by any tax-payer or person interested, and such objections shall be heard and determined by the board. A re- sale may be ordered, when all objections have been determined, or if there is no objection to such sale the Board of Commis- sioners shall approve the sale. If the sale is by installments the purchaser shall be entitled to a certificate of such purchase and the possession of the land. Such certificate may be assigned and the deferred payments may be made with the interest ac- crued thereon before maturity ; upon final payment of the pur- chase money the Board of Commissioners shall execute a deed to said pui'chaser or his assignee for such real estate. The money derived from such sale shall be paid to the County Treas- urer as a part of the general fund. « 455. Deeds. 6. The Auditor shall cause the deeds exe- cuted to the county under the provisions of this act to be re- corded in the Kecorder's otfice of the county. 456. Sales legalized. 7. Any sales or conveyances made to any county in this State before the taking eifect of this act are hereby legalized, and the title to any such real estate is de- clared to be fully vested in such county by such conveyance. 457. Act supplemental. 8. This act shall not amend, modify or repeal any law now in force concerning the manage- ment, loan and sale of real estate on account of any school fund, but it shall be an adclitioual provision for the collection of such funds, and the re-imbursement of the counties intrusted therewith. 316 SCHOOL LAW OF INDIANA. [1901, p. 544. Approved and in force March 11, 1901.] 458. Cancellation of mortgages. 1. Whereas, there are a large number of school fund mortgages, which appear unsatis- fied of record in the Recorder's office in the various counties of the State of Indiana, which, in fact, have been paid, the Audi- tor of any county in the State of Indiana, where such mort- gaged lands are situated, when requested by the mortgagor or owner of the lands so mortgaged, shall make "an examination of the ledgers or other records of his office, and compare such records with the receipts of moneys for school fund mortgages, in the Treasurer's office of such county, and if, upon such ex- amination and comparison, and all facts known to him, or that come to his knowledge, he finds that such mortgage or mort- gages appearing in the Recorder's office of such county as unsatisfied of record, have, in fact, been paid, such Auditor of such county, where such mortgaged lands are situated, shall make entry of satisfaction upon the margin of the record in the Recorder's office, showing the same to have been paid, for which services the mortgagor or owner of such lands shall pay to the Auditor a fee of twenty-five cents, and also pay to the Recorder his fee provided for releasing mortgages. [1865, p. 3. Approved and in force March 6, 1865.] 459. Annual report. 103. County Auditors and County Treasurers shall annuall}^ report, in writing, to the Boards of County Commissioners of the respective counties, at the June sessions of said Boards relative to the school fund held in trust by said counties, distinguishing in said reports, between the congressional township and common school funds ; indicating the amounts thereof; the additions to them within the current year then ending ; the sources from whence such additions are derived ; the condition of them as to their safety, giving the amount thereof safely invested, unsafely invested and unin- vested, and loss at the date of said reports; giving also the amount of interest collected upon said funds within the year then ending, and the amount then due and unpaid. (R. S. 1881, §4398; R. S. 1894, §5827; R. S. 1897, §6090.) 1. Evidence. A provision in a statute that tliis report shall be conclusive evidence of the facts stated in it, is void. — Board v. State, 120 Ind. 282. 2. Report Not Conclusive. This report is not conclusive, and does not prevent the county showing the actual facts.— Board v. State, 103 Ind. 497. SCHOOL LAW OF INDIANA. 317 460. Duty of Boards. 104. The Boards of County Com- missioners shall, annually, at their June sessions, in the presence of the Auditors and Treasurers, examine said reports, the ac- counts, and proceedings of said officers in relation to said funds, and the revenue derived from them. They shall compare with said reports, the cash, the notes, mortgages, records, and books of said officers, with a view to ascertain the amount of said funds and their safety ; and to do whatever may be necessarj^ to secure their preservation and tlie prompt payment of the an- nual interest thereon as the same becomes due ; aud make up to said funds losses which have accrued or may accrue. (R. S. 1881, §4399; K S. 1894, §5828; R. S. 1897, §6091.) 1. Suit. An action may be brought in the name of the State on relation of the Board of County Commissioners to recover Congi'essional School Funds. — Groves t; State, 9 Ind. 200; Butler Kogers v. Gibson, 15 Ind. 218. 461. Board's report. 105. Each Board of County Com- missioners, at said session, shall make out a report, in writing, of the result of such examination, showing — First. The amounts of said funds at the close of last year. Second. The amount added from the sale of land within the year. Third. The number of acres of unsold congressional town- ship school lands, and the approximate value thereof. Fourth. The amount added from fines and forfeitures. Fifth. The amount added by the Commissioners of the Sink- ing Fund. Sixth. The amount added from all other sources. Seventh. The total amount of the funds. Eighth, The amount refunded within the year. Ninth. The amount reloaned within the year. Tenth. The amount safely invested. Eleventh. The amount unsafely invested. Twelfth. The amount uninvested. Thirteenth. The amount of fund lost since 1842. Fourteenth. The amount of interest collected within the year. Fifteenth. The amount of interest delinquent. And in such report, said Board shall distinguish between the Congressi®nal Township Fund and the Common School Fund ; 818 SCHOOL LAW OF .INDIANA. and ill its account of the interest or revenue derived from said funds, it shall observe the same distinction. (R. S. 1881, § 4400; R. S. 1894, § 5829; R. S. 1897, § 6092.) 462. Disposition of report. 106. Such report shall be entered on the records of said Board ; and copies thereof, signed by the members of the Board, the Anditor, and Treasurer, shall be transmitted to the Auditor of State and the Superintendent of Public Instruction. (R. S. 1881, § 4401; R. S. 1894, § 5830; R. S. 1897, § 6093.) 463. Apportionment of loans. 152. Where the whole of the school funds of a county have been loaned the Anditor shall apportion to each congressional township a snfiicient number of mortgages to cover the principal of its Congressional Township Fund; and where a part of the school funds only are loaned the Auditor shall so a|»ply a proportional amount; and the cash on hand, when loaned, shall be for the benefit of the congres- sional townships, respectively, to the amount of the entire prin- cipal of its Congressional Township Fund ; and in all loans made after the taking effect of this act the note and mortgage shall specify the particular fund borrowed, (R. S. 1881, § 4402 ; R. S. 1894, § 5831 ; R. S. 1897, § 6094.) [1879, S. p. 102. Approved and in force March 29, 1879.] 464. Miscellaneous School Fund account. 1. It shall be the duty of the Auditor in each county to open an account with the Congressional Township School Fund, to be styled the "Miscellaneous School Fund Account." He shall transfer to said account, from each township account, all sums on hand at any time when a loan is solicited (provided the aggregate sums will equal the amount sought to be borrowed), and may lend such combined sums in one loan ; which loan shall be numbered in consecutive order, and the securities shall each and all be in- dorsed with the number as "Miscellaneous Loan JSTo. — ," as the number may be ; and he shall enter in the Miscellaneous Account, on the debit side, separately'', the sums taken from the account of the several townships, so as to show the correspond- ing number of the loan, and credit the several township accounts with the same sum and the like number of loan. Thence on, as SCHOOL LAW OF INDIANA. 319 interest accrues and is paid in on such loan, he shall debit the several township accounts with the jpro rata portion of such in- terest accruing to each ; and when such loan is paid he shall distribute back to the township accounts the several sums orig- inally transferred from each, and debit the Miscellaneous Ac- count accordingly, and balance and close said account as to said loan. In all the entries throughout he shall keep each entry identified by the proper number belonging to that loan, and so of each combined miscellaneous loan, as contemplated in tliis act. (R. S. 1881, § 4403 ; R. S. 1894, § 5832 ; R. S. 1897, § 6095.) 465. Distribution and report. 2. In all cases where dis- tribution is made of the school funds under the law now in force it shall include all money on hand, or which, according to law, should be on hand, not exceeding the interest on loans for one year, which shall be distributed in full, and no portion shall be omitted or retained ; and the report made by the Auditor shall show fully the amount actually on hand, as required and con- templated by law, and show the distribution of the same in full. (R. S. 1881, § 4404; R. S. 1897, § 5833; R. S. 1897, § 6096.) 466. Penalty against Auditor. 3. If any Auditor fail or refuse to distribute and report such fund in full, as required by this act, he shall be liable to an action on his official bond. The Superintendent of Public Instruction shall direct that ac- tion be brought upon the official bond of such defaulting Audi- tor, and the Prosecuting Attorney of the proper county shall bring such action. On finding against such Auditor, judgment shall be entered for the sum so omitted by him to be distributed, with damages of twenty per centum thereon, which shall be for the use and benefit of the fund so omitted to be distributed. (R. S. 1881, § 4405; R. S. 1894, § 5834; R. S. 1897, § 6097.) 320 SCHOOL LAW OF INDIANA. CHAPTER XXIII. STATE NORMAL SCHOOL. Sec Sec 467. Established. 476. Conditions of admission. 468. Trustees— Corporate name. 477. Tuition fee. 469. Term of office—Vacancies. 478. Principle of management. 470. Organization— Officers. 479. Reports. 471. Donations. 480. Board of Visitors. 472. Location. 481. Certificates— I>iplomas. 473. Contract for building. 482. Pay of Trustees. 474. Model School. 483. Pay of Treasurer and Agent 475. Duty of Trustees. [1865, S. p. 140. Approved and in force December 20, 1865.] Establislied. 1. There shall be established and main- tained, as hereinafter provided, a State JSTormal School, the object of which shall be the preparation of teachers for teach- ing in the common schools of Indiana. (R. S. 1881, § 4542 ; R. S. 1894, § 6034; R. S. 1897, § 6316.) 468. Trastees— Corporate name. 2. In order to the es- tablishment and maintenance of such a school, the Governor shall appoint, subject to the approval of the Senate, four com- petent persons, who shall, in themselves and in their successors, constitute a perpetual body corporate, with power to sue and be sued, and to hold in trust all funds and property which may be provided for said Normal School, and who shall be known and designated as the "Board of Trustees of the Indiana State Normal School." The Superintendent of Public Instruction shall be, ex officio, a member of this Board. (R. S. 1881, § 4543 ; R. S. 1894, § 6035 ; R. S. 1897, § 6317.) 3. Two members of this Board shall retire, as may be determined, by lot or otherwise, in two years after their appointment, and the remaining two in four years; whereupon the Governor, subject to the approval of the Senate, shall appoint, as aforesaid, their successors for a period of four years. All vacancies occurring in said Board from death, or resignation, shall be filled by appointments made SCHOOL LAW OF INDIANA. 321 by the Governor. (R. S. 1881, §4544; R. S. 1894, §6036; R. S. 1897, §6318.) 470. Organization — Officers. 4. Said Board of Trustees shall meet on the second Tuesday in January, 1866, at the office of the Superintendent of Public Instruction, and shall organize, by electing one of its number president, and one secretary, each for a term of two years ; and, at this or at a subsequent meeting, it shall elect some suitable person, outside of its number, as treasurer, who shall, before entering on duty, give bond in such sum as it may prescribe. (R. S. 1881, §4545 ; R. S. 1894, §6037; R. S. 1897, §6319.) 471. Donations. 5. Said Board shall, at its first meeting, open books to receive, from difierent parts of the State, pro- posals for donations of grounds and buildings, or funds for the procuring of grounds and erecting of buildings, for said Il^ormal School. Also, it may, if deemed needful, at this or a subsequent meeting, appoint one of its n amber, or other competent person, to visit the diiferent parts of the State and explain the nature and object of said I^ormal School, and to receive proposals of donations of buildings and grounds, or of funds for the same. (R. 8. 1881, §4546; R. S, 1894, §6038; R. S. 1897, §6320.) 472. Location. 6. Said Board shall locate said school at such place as shall obligate itself for the largest donation : Provided^ first, That said donation shall not be less in cash value than fifty thousand dollars ; second, that such place shall possess reasonable facilities for the success of said school. (R. S. 1881, §4547; R. S. 1894, §6039; R. S. 1897, §6321.) 1. Appropriation for Buildings. An act of 1867 (p. 177) appropriated fifty thousand dollars out of the common school library fund and State treasury, in aid of the erection of the buildings, with a condition precedent that no part thereof should be paid until the city of Teri'e Haute has vested in the Board of Trustees of the Normal School the title to the land donated by her as a site for the school, by a good and sufficient deed in fee-simple, and had also bound her- self, by an agreement filed with the Auditor of State, to forever maintain one-half of the necessary repairs incident to keeping the buildings and grounds in proper order. 473. Contract for building. 7. Said board shall, imme- diately after the selection of place of location, proceed to let a contract, or contracts, for the erection of a building, to the 21 — ScH. Law. 322 SCHOOL LAW OF INDIANA. lowest responsible bidder : Provided, That no member of the board be a contractor for buildin^^, or for furnishing any ma- terial therefor. (R. S. 1881, §4548; R. S. 1894, §6040; R. S. 1897, § 6322.) 474. Model school. 8. Said board shall organize, in con- nection with the N^ormal School, in the same building with the N^ormal School, or in a separate building, as it shall decide, a Model School, wherein such pupils of the ISTormal School as shall be of sufficient advancement shall be trained in the prac- tice of organizing, teaching and managing schools. (R. S. 1881, §4549 ; R. S. 1894, §6041 ; R. S. 1897, §6523.) 475. Duty of Trustees. 9. Said Board shall prescribe the course of study for the ISTormal School ; shall elect the instruct- ors and fix their salaries ; and shall determine the conditions, subject to limitations hereinafter specified, on which pupils shall be admitted to the privileges of the school. (R. S. 1881, § 4550 ; R. S. 1894, §6042; R. S. 1897, §6324.) 476. Conditions of admission. 10. The following condi- tions shall be requisite to admission to the privileges of instruc- tion in the l^ormal School : First. Sixteen years of age, if females, and eighteen, if males. Second. Good health. Third. Satisfactory evidence of undoubted moral character. Fourth. A written pledge on the part of the applicant, filed with the principal, that said applicant will, so far as may be practicable, teach in the common schools of Indiana a period equal to twice the time spent as a pupil in the ISTormal School ; together with such other conditions as the Board may, from time to time, impose. (R. S. 1881, §4551; R. S. 1894, §6043; R. S. 1897, §6325.) 1. Students Must Submit to Kules. A student is required to submit to any proper rule necessary for the good government of the institution. — State v. White, 82 Ind. 278. 2. Qualifications for Admission. The faculty can not make membership of a Greek-letter fraternity, or other college secret society, a disqualification for admission.— State v. White, 82 Ind. 278. 3. Kace or Color. Students can not be excluded on account of race or color. — Cory v. Carter, 48 Ind. 327. SCHOOL LAW OF INDIANA. 323 477. Tuition free. 11. Tuition in the JSTormal School shall be free to all residents of Indiana who fulfill the four conditions set forth in the preceding section and such other conditions as the Board may require. (E. S. 1881, §4552 ; R. S. 1894, § 6044 ; li. S. 1897, §6326.) 478. Principle of management. 12. A high standard of Christian morality shall be observed in the management of the school, and, as far as practicable, inculcated in the minds of the pupils; yet no religious sectarian tenets shall be taught. (R. S. 1881, §4553; R. S. 1894, §6045; R. S. 1897, §6327.) 479. Report. 13. Said Board of Trustees shall, biennially, make a report to the Legislature, setting forth the financial and scholastic condition of the school ; also make such suggestions as, in their judgrnent, will tend to the improvement of the same; and in the years in which there is no session of the Leg- islature, it shall make a report of the scholastic condition of the school to the Governor, on or before the first Monday in January. (R. S. 1881, §4554; R. S. 1894, §6046; R. S. 1897, § 6328.) [1873, p. 199. Approved and in force March 5, 1873.] 480. Board of visitors. 14. The State Board of Educa- tion shall appoint, annually, in the month of June, or at its first meeting thereafter, a committee of three, who shall constitute a- Board of Visitors, and shall, in a body or by one of its number, visit said school once during each term, and witness the exer- cises and otherwise inspect the condition of the school : and, by the close of the ISTormal school year, they shall make a re- port to the Board of Trustees. The members of said Board of Visitors shall be allowed five dollars for each day's service ren- dered, and also traveling expenses, to be paid out of the State treasury. (R. S. 1881, § 4555 ; R. S. 1894, § 6047 ; R. S. 1897, § 6329.) [1873, p. 199. Approved and in force March 5, 1873.] 481. Certificates— Diplomas. 2. The Board of Trustees is authorized to grant, from time to time, certificates of profi- ciency to such teachers as shall have completed any of the pre- 324 SCHOOL LAW OF INDIANA. scribed courses of study, and whose moral character and disci- plinary relations to the school shall be satisfactory. At the expiration of two years after graduation, satisfactory evidence of professional ability to instruct and manage a school having been received, they shall be entitled to diplomas appropriate to such professional degrees as the Trustees shall confer upon them ; which diplomas shall be considered sufficient evidence of qualification to teach in any of the sclicols of this State. (R. S. 1881, § 4557; R, S. 1894, § 6049; R, 8. 1897, § 6331.) [1865, p. 140. Approved and in foroe December 20, 1865.] 482. Pay of Trustees. 16. The members of the Board of Trustees shall each be allowed five dollars for each day's service rendered, also traveling expenses, to be paid out of the State treasury. (R. S. 1881, § 4559; R. S. 1894, § 6051; R. S. 1899, § 6333.) 483. Pay of treasurer and agent. 17. Said board shall pay its treasurer, and its agent, if such be appointed, as pro- vided for in this act, such sums for their services as shall be reasonable and just. (R. S. 1881, § 4560; R. S. 1894, § 6052; R. S. 1897, § 6334.) CHAPTER XXIV. INDIANA UNIVERSITY. Sec. Sec 484. Recognized. 500. 485. Tax for endowment fund. 501, 486. Application of fund. 502. 487. Bond of State. 503. 488. Loans by State Auditor. 504. 489. Mortgages taken by State Ai ditor. 505, 490. State may borrow fund 506 491. Trustees — Corporate name - - Oificers — 507, Powers. 508. 492, The first Trustees. 509. 493. The first meeting. 510. 494. Vacancies. 511. 495. Pay of Trustees. 512. 496. Trustees of Indiana Univers ity. 513. 497. Trustees' terms expiring 1891^ succes- 514. sors. 515. 498. Trustees' terms expiring 1893, succes- 516. sors. 517. 499. Registry of alumni. 518. Nomination of Trustees. Annual meeting of alumni. Method of voting by alumni. Annual meeting. Quorum— Temporary appointments. Seminary township. Interest on loans. Faculty— Powers . No religious qualification. No sectarian tenets. County students. Notice to counties. Treasurer's bond. Board of Visitors. Visitors not attending, to be reported. Duties of Visitors. Duties of secretary. Duties of treasurer. Re.port to State Superintendent. SCHOOL LAW OF INDIANA. 325 Seo Sec 519. Lectures by faculty. 559. 520. Geological examinations and speci- 560. mens. 561. 521. Printing annual report. 562. 522. Contents of report. 563. 523. Notice of sessions. 564. 524. Buildings and repairs. 565. 525. Normal department. 566. 526. Agricultural department. 567. 527. Scholarships transferable. 568. 528. Perpetual scholarships. 569. 529. Library. 570. 530. State Geologist. 571. 531. Fund, how derived— Loans. 572. 532. Auditor of State to loan— Duty. 573. 533. Form of mortgage. 574. 534. Form of note. 575. 535. Loans — Security. 576. 536. Interest. 577. 537. Priority of mortgage. 578. 538. Recording of mortgage. 579. 539. Certificate as to liens. 580. 540. Abstract of title. 581. 541. Auditor's duty. 582. 542. Payment. 583. 543. Satisfaction. 584. 544. Loans, how collected. 585. 545. Judgment. 586. 546. Notice of sale. 587. 547. Sale. 588. 548. When Auditor to buy— Re-sale. 589. 549. Limit of bid— Overplus. 590. 550. Statement of sale. 591. 551. Title in State, without deed. 592. 552. Sale for cash— Certificate. 593. 553. Sale on credit. 594. 554. Fees and damages. 595. 555. Accounts — Reports. 596. 556. Accounts with borrowers. 597. 557. Interest, when loaned. 598. 558. Unsold lands. 599. Certificates of payment— Patent. Leases. Commissioners' report. Commissioners' duty. Pay of Commissioners. Patents, and recording. Pay for managing fund. Extension of payments. Forfeiture, how prevented. Forfeited lands. Appraisement of lands. Where filed and recorded. Duty of County Auditors. Notice of sale. Sale. Terms of sale. Private entry. Certificate of purchase. Certificate to be registered. Certificate assignable. Forfeiture. Surplus. Forfeiture, how prevented. Land, how redeemed. Security. Suit for waste. Patent on full payment. Auditor's report. Treasurer's report. To pay money to State Treasurer. Pay of Auditor and Treaurer. Loans. Disposition of proceeds. Report of sales. One Trustee to attend sales. No member to deal in the lands. Trustees to get information. State Treasurer collects loans. County Auditors loan. Auditor of State can not loan. Counties pay interest. [1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 484. Recognized. 1. The institution established by an act entitled "An act to establish a college in the State of Indiana," approved January 28, 1828, is hereby recognized as the Univer- sity of the State. (R. S. 1881, § 4561 ; R. S. 1894, § 6053 ; R. S. 1897, § 6335.) The State Uuniversity is not a public corporation, but a private, or at least a quasi-ipuhlic one, and its endowment fund is not embraced by the phrase, "public funds," as used in the interest law of 1879. — State v. Carr, 111 Ind. 335. [1883, p. 291. Approved and in force March 3, 1883.] 485. Tax for endowment fund. 1. There shall be assessed and collected, as State revenues are assessed and collected, in 326 SCHOOL LAW OF INDIANA. the year of eighteen hundred and eighty -three, and in each of the next succeeding twelve years, the sum of one-half of one cent on each one hundred dollars' worth of taxable property in this State ; which money, when collected and paid into the State Treasury in each of the years named in this act, shall he placed to the credit of a fund to he known as the permanent endow- ment fund of the Indiana University. (R. S. 1894, § 6161 ; R. S. 1897, § 6449.) 486. Application of fund. 2. Whenever, after the first day of May, eighteen hundred and eighty-four, there shall have been paid into the State Treasury a sum of said permanent en- dowment fund sufficient to pay off any of the interest-bearing indebtedness of the State, it shall be the duty of the Treasurer of State to pay oft' and cancel such indebtedness, and it shall be the duty of said Treasurer of State to continue to pay off" and cancel said interest-bearing indebtedness which may be due, or which, by the terms of the contract creating such indebtedness, may be paid off", whenever there is a sufficient sum of said per- manent endowment fund in the State Treasury to pay off the same out of said permanent endowment fund. (R. S. 1894, § 6162 ; R. S. 1897, § 6450.) 487. Bond of State. 3. It shall be the duty of the Treas- urer of State, immediately after paying off any of the interest- bearing indebtedness of the State, as provided for in section 2 of this act, to make and issue to the trustees of said university and to their successors in oflice a non-negotiable bond of the State in an amount equal to the sum drawn from said perma- nent endowment fund and used in such payment. Said non- negotiable bond shall be signed by the Governor and Treasurer of State and attested by the Secretary of State and the seal of the State, and be made payable in fifty years after date, at the option of the State, and said bond shall bear five per cent, in- terest from date until paid, which interest shall be paid semi- annually on the first days of May and November of each year, and the same shall be applied to the current and extraordinary expenses of said university and be paid to the trustees thereof, under the same rules and regulations as is now required by law in the payment of the revenues of said university. The non- SCHOOL LAW OF INDIANA. 327 negotiable bonds provided for in this act, when executed, shall remain in the custody of the Treasurer of State. (R. S. 1894, §6163; R. S. 1897, 6451.) 488. Loans by State Auditor. 4. That so much of said permanent endowment fund as shall not at any time be absorbed by the non-negotiable bonds of the State, as contemplated in this act, shall be loaned by the Auditor of State at six per centum interest, payable annually in advance, in real estate security; and in making loans and disbursing interest collected the Treas- urer of State and the Auditor of State shall be governed by the law now in force regulating the manner of making loans of the university funds and pajdng out interest collected, except as otherwise provided in this act. (R. S. 1894, § 6164 ; R. S. 1897, § 6452.) 489. Mortgages taken by State Auditor. 5. It shall be the duty of the Auditor of State to make a complete record of every mortgage and note executed on account of any loan from said permanent endowment fund in a book to be kept in his office for that purpose ; and on payment of any loan to said fund said Auditor shall enter a record of satisfaction in full on the margin of the record of the mortgage in his office and sign the same with his name ; and he shall also, in like manner, enter satisfaction in full on the face of the mortgage ; which mort- gage, when presented by the mortgagor, or any person holding title under him, to the Recorder of the county wherein the land mortgaged is situated, shall authorize the Recorder of said county to copy such entry on the record in his office. (R. S. 1894, .§ 6165 ; R. S. 1897, § 6453.) 490. State may borrow fund. 6. If at any time here- after the State shall need the loan of any part, or of all, of said permanent endowment fund, the State shall be a preferred bor- rower of so much of said fund as shall not be loaned at the time. But it shall be the duty of the Treasurer of State to cause to be executed, as an evidence of any such loan, a non- negotiable bond of the State for the amount so borrowed, in like manner as is provided in section 3 of this act : Provided, If at any time hereafter the said Indiana University shall be 328 SCHOOL LAW OF INDIANA. consolicLited with any other educational institution or institu- tions of the State, or shall be removed from its present location for any cause whatever, the fund raised under the provisions of this act shall be held and used for the beneiit of such institu- tion, as consolidated or changed, notwithstanding such change or consolidation whenever so removed or consolidated : Pro- vided, further, That, after said date, no further appropriation shall be made to said university. (R. S. 1894, § 6166 ; R. S. 1897, §6454.) [1855, p. 201. Approved and in force March 3, 1855.] 491. Trustees — Corporate name — Officers — Powers. 2. The Board of Trustees of the State University shall be eight in number, of whom not more than one shall reside in the same county, excepting the county of Monroe, from which two may be selected. They, and their successors, shall be a body politic, with the style of "The Trustees of Indiana University;" in that name to sue and be sued ; to elect one of their number president; to elect a treasurer, secretary, and such other officers as they may deem necessary ; to prescribe the duties and fix the compensation of such officers ; to possess all the real and per- sonal property of suc)i university for its benefit; to take and hold, in their corporate name, any real or personal property for the benefit of such institution ; to expend the income of the university for its benefit; to declare vacant the seat of any trustee who shall absent himself for two successive meetings of the Board, or be guilty of any gross immorality, or breach of the by-laws of the institution ; to elect a president, such pro- fessors and other officers, for such university, as shall be neces- sary, and prescribe their duties and salaries ; to prescribe the course of study and discipline, and price of tuition in such uni- versity ; and to make all by-laws necessary to carry into effect the powers hereby conferred. (R. S. 1881, §4562; R. S. 1894, §6054; R. S. 1897, §6336.) 492. The first Trustees. 2. The following persons, and their successors, shall constitute said Board : Joseph S. Jencks, of Vigo County ; Joel B. McFarland, of Tippecanoe County ; George Evans, of Henry County ; William M. French, of Clark County; Ransom W. Aiken, of Monroe County; Johnson SCHOOL LAW OF INDIANA. 329 McCollougn, of Monroe County ; James E. M. Bryant, of War- ren County ; John I. Morrison, of Washington County ; three of whom shall serve for two years, two for three years, and three for four years. (R. S. 1881, §4563; R. S. 1894, §6055: R. S. 1897, §6337.) 493. The first meeting. 3. The first meeting of said Board shall be held at the town of Bloomington on Monday, the second day of April, 1855, when they shall determine, by lot, their several terms of service. (R. S. 1881, §4564; R. S. 1894, §6056; R. S. 1897, §6388.) 494. Vacancies. 4. Vacancies in said Board, whether occasioned by death, resignation, removal from the State, expi- ration of terms of service, or otherwise, shall be filled by the State Board of Education. (R. S. 1881, §4565; R. S. 1894, §6057; R. S. 1897, §6339.) '495. Pay of Trustees. 5. The Trustees of said University shall receive, when employed in the actual service of the University, the same pay as members of the General Assembly. (R. S. 1881, §4566; R. S. 1894, §6065; R. S. 1897, §6347.) [1891, p. 65. Approved and in force March 3, 1891.] 496. Trustees of Indiana University. 1. The Trustees of Indiana University shall hereafter be elected for such terms of service, and in such manner, as is herein provided, and the terms of service of the Trustees now in office, and of those hereafter elected, shall expire on the first day of July of the year in which such terms are to end. (R. S. 1894, §6058; R. S. 1897, §6340.) 497. Trustees' terms expiring 1891, successors. 2. Suc- cessors to three Trustees whose terms of service expire in the year eighteen hundred and ninety-one (1891) shall be elected by the Alumni of the University at the College Commencement of the year 1891 ; one of the Trustees so selected shall serve for one year, one for two years, and one for three years. At the first meeting of the Board of Trustees after July 1, 1891, the several terms of service of such three Trustees shall be determ- ined by lot. At the annual commencement of the year in which their terms expire, successors to such three Trustees shall 330 SCHOOL LAW OF INDIANA. be elected by tbe Alumni of the University, each to serve for three years. When vacancies in the Board of Trustees arise, from the death, resignation, removal from the State, expiration of term of service, or otherwise, of any of the three Trustees to be elected in 1891, or any of their successors, such vacancies shall be filled by the Alumni. (E. S. 1894, §6059; R. S. 1897, §6341.) 498. Trustees' terms expiring 1893, successors. 3. Suc- cessors to the two trustees, whose terms of service expire in 1893, shall be elected by the State Board of Education, and one of such two successors shall be elected for a term of two years, and the other for a term of three years. Successors to the three trustees, whose terms expire in 1894, shall be elected by the State Board of Education, one for a term of two years, and the other two trustees for terms of three years. Successors to the five trustees herein provided to be elected by the StaPte Board of Education shall be elected by said State Board of. Education, each trustee so elected to serve for three years : Provided, That trustees elected by the Alumni, or the State Board of Education, to fill vacancies caused otherwise than by expiration of terms of service, shall be elected for such unex- pired terms only. When vacancies in the Board of Trustees arise from the death, resignation, removal from the State, expira- tion of term of service, or otherwise, of any of the five trustees, or their successors, herein provided to be elected by the State Board of Education, such vacancies shall be filled by said State Board of Education. (R. S. 1894, § 6060 ; E. S. 1897, §6342.) 499. Registry of Alumni. 4. A registry of the name and address of each alumnus of Indiana University residing in the State of Indiana shall be kept by the Librarian of said University, who shall correct such addresses when notified by the Alumni so to do. The Alumni of the University shall be those persons who have been awarded and on wdiom have been conferred any of the following degrees : Bachelor of Arts (A. B.), Bachelor of Letters (B. L.), Bachelor of Science (B. S.), Bachelor of Philosophy (B. Ph.), Bachelor of Laws (L. L. B.), Master of Arts (A. M.), Master of Science (M. S.), Doctor of Philosophy (Ph. D.) E. S. 1894, § 6061 ; E. S. 1897, § 6343.) SCHOOL LAW OF INDIANA. 831 500. Nomination of Trustees. 5. Any ten or more Alumni may file with the Librarian of the University on or before the first day of April in each year a written nomination for the trustee or trustees to be elected by the Alumni at the next college commencement. Forthwith after such first day of April a list of all such candidates shall be mailed by said Libra- rian to each alumnus at his address. (R. S. 1894, § 6162 ; R. S. 1897, § 6344.) 501. Annual meeting of Alumni. 6. The annual meet- ing of the Alumni for the election of trustees shall be held at the university on the Tuesday before the annual commencement day of said university, at the hour of nine o'clock a.m., at which meeting a trustee shall be elected to serve for three years from the first day of July of such year, and any trustee or trustees which the Alumni may be entitled to elect to complete any unexpired term or terms. (R. S. 1894, §6163; R. S. 1897, § 6345.) 502. Method of voting by alumni. 7. Each Alumnus resident in the State of Indiana may send to said Librarian, over his signature, at any time before the meeting of the Alumni for the election of such trustee or trustees, the vote for such trustee or trustees which- he would be entitled to cast if person- ally present at such meeting, which vote such Librarian shall deliver to such meeting to be opened and counted at said elec- tion, together with the votes of those who are personally present ; but no person shall have more than one Vote. The person or persons having the highest number of votes upon the first ballot shall be declared the trustee or trustees according as there may be one or more than one trustee to be elected : Provided, The votes received by said person, or by each of said persons, or at least fifty per cent, of all the votes cast. Otherwise the Alumni personally present at such meeting shall, from the two having the highest pluralities, elect a trustee, unless their pluralities shall aggregate less than fifty per cent, of the votes cast, in which case there shall be included in the number of those to be voted for, so many of those coming after such two highest in order of pluralities as will bring the aggregate of such plurali- ties of those to be voted for to fifty per cent, of the votes cast. (R. S. 1894, § 6064; R. S. 1897, § 6346.) SCHOOL LAW OF INDIANA. [1 R S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 503. Annual meeting. 3. Said Trustees shall annually meet at the town of Bloomington at least three days preceding the annual commencement of the University. (R. S. 1881, § 4567; R. S. 1894, § 6065; R. S. 1897, § 6348.) 504. duorum— Temporary appointments. 4. Five of such trustees shall constitute a quorum ; and, in case an emer- gency is declared by the faculty, after there shall have been a called session at which the other members failed to attend, the trustees residing in the county of Monroe may fill vacancies in the faculty of the University and the Board of Trustees ; and, in case there should not be three trustees in attendance upon such emergency, then those that are in attendance, together with such members of the faculty as may be in attendance, shall fill such vacancies ; but appointments thus made shall expire at the next meeting of the board. (R. S. 1881, § 4568 ; R. S. 1894, § 6067 ; R. S. 1897, § 6349.) 505. Seminary township. 5. The trustees of said uni- versity shall receive the proceeds of the sales and rents of the three reserved sections in the seminary township in Monroe County, and the same shall be paid to the treasurer of said trustees, on their order. (R. S. 1881, § 4569 ; R. S. 1894, § 6068 ; R. S. 1897, § 6350.) 506. Interest on loans. 6. The interest arising from loans of the State University fund, as received at the State treasury, shall be paid on the warrants of the Auditor of State ; such warrants to be granted on allowances made to the persons en- titled thereto by the Board of Trustees, and duly certified by their secretary. (R. S. 1881, § 4570; R. S. 1894, § 6069; R. S. 1897, § 6751.) 507. Faculty — Powers. 7. The president, professors and instructors shall be styled " The Faculty " of said university and shall have power — First. To enforce the regulations adopted by the trustees for the government of the students ; to which end they may reward and censure, and may suspend those who continue refractory, until a determination of the Board of Trustees can be had thereon. SCHOOL LAW OF INDIANA. Secpnd. To confer, with the consent of the trustees, snch literary degrees as are usually conferred in other universities, and, in testimony thereof, to give suitable diplomas, under the seal of the university and signature of the faculty. (R. S. 1881, § 4571 ; R. S. 1894, § 6070 ; R. S. 1897, § 6350.) 508. No religious qualification. , 8. E^o religious qualifi- cation shall be required for any student, trustee, president, pro- fessor or other ofiicer of such university, or as a condition for admission to any privilege of the same. (R. S. 1881, § 4572 ; R. S. 1894, § 6071 ; R. S. 1897, § 6353.) 1. Students Must Submit TO EuLES. A student is required to submit to any proper rule necessary for the good government of the institution. — State v. White, 82 Ind. 278. 2. Qualifications for Admission. The faculty can not make membership of a Greek-letter fraternity or other college secret society a disqualification for admission.— State v. White, 82 Ind. 278. 3. Race or Color. Students can not be expelled on account of race or color. —Cory V. Carter, 48 Ind. 327. 509. No sectarian tenets. 9. No sectarian tenets shall be inculcated by any professor at such university. (R. S. 1881, § 4573 ; R. S. 1894, § 6072 ; R. S. 1897, § 6354.) 510. County students. 10. The trustees shall provide for the tuition, free of charge, of two students from each county in this State, to be selected by the Board of County Commissioners. (R. S. 1881, § 4574; R. S. 1894, § 6073; R. S. 1897, § 6355.) 1. Each county may send two students, free of tuition fees, to be instructed in the Law Department, as well as any other department. — McDonald v. Hagins, 7 Blackf. 525. 511. Notice to counties. 11. The secretary of the board shall notify the County Auditor of each county of the State whenever there shall not be in attendance at the university the number of students which such county is entitled to send free of tuition ; of which such Auditor shall notify the Board of Commissioners of such county at its next meeting. (R. S. 1881, § 4575 ; R. S. 1894, § 6074 ; R. S. 1897, § 6356.) 512. Treasurer's bond. 12. The treasurer of the univer- sity shall give bond in a penalty, and w^ith surety to be approved by such board, payable to the State, conditioned for the faithful 334 SCHOOL LAW OF INDIANA. discharge of his duties ; which bond shall be filed with the Auditor of State. (R. S. 1881, § 4576 ; R. S. 1894, § 6075 ; R. S. 1897, § 6357.) . ' . 513. Board of Visitors. 13. The Governor, Lieutenant- Governor, Speaker of the House of Representatives, Judges of the Supreme Court, and Superintendent of Common Schools [State Superintendent of Public Instruction], shall constitute a Board of Visitors of the university, and any three thereof a quorum. (R. S. 1881, §4577; R. S. 1894, §6076; R. S. 1897, § 6358.) 514. Visitors not attending, to be reported. 14. In 3ase the members of such Board of Visitors fail to attend the an- nual commencement exercises of the university, the president of the Board of Trustees shall report such of them as are ab- sent to the next General Assembly, in its annual report. (R. S. 1881, § 4578 ; R. S. 1894, § 6077 ; R. S. 1897, § 6359.) 515. Duties of Visitors. 15. SuchBoardof Visitors shall examine the propert}^, the course of study and discipline, and the state of the finances of the university, and recommend such amendments as it "may deem proper, the books and the accounts of the institution being open to its inspection ; and it shall make report of its examination to the Governor, to be by him laid before the next General Assembly. (R. S. 1881, § 4579 ; R. S. 1894, § 6078 ; R. S. 1897, § 6360.) 516. Duties of Secretary. 16. The secretary of the Board of Trustees shall keep a true record of all the proceedings of said Board, and certify copies thereof. He shall also keep an account of the students in the university according to their classes, stating their respective ages and places of residence, and a list of all graduates. (R. S. 1881, § 4580 ; R. S. 1894, § 6079 ; R. S. 1897, §6361.) 517. Duties of Treasurer. 17. The treasurer of said uni- versity shall — Mrst. Keep true accounts of all money received into the treasury of said university, and of the expenditures thereof. Second. Pay out the same on the order of the Bdard of Trustees, certified by its secijetary. \ SCHOOL LAW OF INDIANA. 335 Tht^d. Collect tlie tuition fees due the same. Fourth. Make semi-annual settlements with the Board of Trustees. Fifth.\ Submit a full statement of the finances of the univer- sity, and his receipts and payments, at each meeting of the Board of Trustees. Sixth. Submit his books and papers to the inspection of the Trustees and Visitors. (R. S. 1881, § 4581 ; R. S. 1894, § 6080 ; R. S. 1897, § 6362.) 518. Report to Stat© Superintendent. 18. The Board of Trustees, its secretary and treasurer, shall report to the Su- perintendent of Common Schools [State Superintendent of Pub- lic Instruction], all matters relating to the university, when by him required. (R. S. 1881, §4582; R. S. 1894, §6081; R. S. 1897, § 6363.) 519. Lectures by faculty. 19. One member of the faculty, to be designated by a majority thereof, of which the secretary of the board shall be informed, shall, by himself or competent substitute, deliver a public lecture on the principles and organ- ization of the university, its educational facilities (being careful not to disparage the claims of other institutions of learning in the State), in at least fifteen difterent counties of the State, of which he shall give due notice ; and in a vacation of less dura- tion than one month a member of the faculty, to be designated as aforesaid, shall deliver such lecture in at least three dififerent counties ; a brief statement of which lectures shall, by the per- sons delivering them, be reported to the Board of Trustees, an- nually, to be by them incorporated in the annual report to the General Assembly ; but no two such lectures shall be delivered . in the same county until all the counties of the State have been lectured in. (R. S. 1881, § 4583 ; R. S. 1894, § 6082 ; R. S. 1897, § 6364.) 520. Geological examinations and specimens. 20. Such lecturers shall make such geological examinations and collect, such mineralogical specimens as they may be able to make and procure ; a report whereof they shall make to the Board of Trustees, to be by it incorporated in its annual report to the General Assembly; and such specimens; together with those 336 SCHOOL LAW OF INDIANA. they may procure by voluntary donations, they shall deposit in a suitable room in the university buildings, to be fitted up for that purpose. (R. S. 1881, §4584; R. S. 1894, § 6083; R. S. 1897, § 6365.) 521. Printing annual report. 21. The Governor of the State shall order the printing, annually, of five thousand copies of the annual report of the Board of Trustees, twenty -five hun- dred of which shall be for the use of the members of the General Assembly, and twenty-five hundred for the faculty. (R. S. 1881, § 4585 ; R. S. 1894, § 6984 ; R. S. 1897, § 6366.) 1. How Printed. This report and the catalogues are printed by the State Commissioners of Public Printing. Acts 1885, p. 217, section 9. 522. Contents of report. 22. Such report shall contain what is now included in the annual catalogue, with such other matters as may be deemed useful to the cause of education, con- nected with the university. (R. S. 1881, §4586; R. S. 1894, §6085; R. S. 1897, § 6367.) 523. Notice of sessions. 23. The Board of Trustees, through its president, shall give at least one month's notice of the commencement of each session of the university in at least one newspaper in the cities of Indianapolis, Louisville, in the State of Kentucky, and in New Orleans, in the State of Louisi- ana. (R. S. 1881, § 4587 ; R. S. 1894, § 6086 ; R. S. 1897, § 6368.) 524. Buildings and repairs. 24. The Board of Trustees shall, annually, appoint a committee of its body to examine the university buildings and grounds adjacent, who shall report the kind and cost of repairs, if any are needed; and one of the members of the faculty shalLbe appointed to take care of such buildings and grounds. (R. S. 1881, § 4588 ; R. S. 1894, § 6087 ; R. S. 1897, § 6369.) 525. Normal Department. 25. Such Trustees shall es- tablish a normal department for instruction in the theory and practice of teaching, free of charge to such young persons, male and female, residents of the State, as may desire to qualify themselves as teachers of common schools, within the State, under such regulations as such Board of Trustees may make in regard to admitting to, kind, and time of delivery of lectures SCHOOL LAW OF INDIANA. 337 in sucli department, and the granting of diplomas therein ; and such regulations shall be incorporated in the annual report of the Trustees to the General Assembly. (R. S. 1881, § 4589 ; R. S. 1894, § 6088 ; R. S. 1897, § 6370.) 526. Agricultural department. 26. Such Trustees shall al'so establish an agricultural department in such university, under proper regulations, which shall likewise be set forth in their annual report. (R. S. 1881, §4590; R. S. 1894, §6089; R. S. 18c>«, §6371.) [1857, p. 130. Approved March 7, 1857, and in force August 24, 1857.] 527. Scholarships transferable. 1. All scholarships in the State University, issued for or founded upon subscription moneys paid by individuals toward the construction of the uni- versity buildings, or any of them, or the right to use said schol- arships for any session or sessions of the college year in said institution, may be transferred or sold by the holders thereof for a valuable consideration. (R. S. 1881, § 4591 ; R. S. 1894, §6090; R. S. 1897, §6372.) [1861 S., p. 89. Approved and in force May 31, 1861.] 528. Perpetual scholarships. 1. The contingent fee on perpetual scholarships, issued by the Trustees of the State Uni- versity, shall not be more than one dollar per session : Prcr- vided, That the Trustees are hereby authorized to purchase said scholarships whenever, in their opinion, it is for the best inter- ests of the university, at not more than ninety cents on the dol- lar, by giving notice in some newspaper published in the town of Bloomington, that they are ready to purchase said scholar- ships ; and, after the date of such notice, no person shall be en- titled to any benefits under the provisions of said scholarships, except to sell the same, as is provided in this act. (R. S. 1881, § 4592 ; R. S. 1894, § 6091 ; R. S. 1897, § 6373.) [1861 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 529. Library. 2. The State Librarian is directed to trans- fer from the State Library to the Library of the Indiana Uni- versity a complete set of journals of both Houses of the Legis- lature, a copy of all laws enacted since the organization of the 22— ScH. Law. 338 SCHOOL LAAV OF INDIANA. titate, and of all reports from the several departments of State, and of those received from other States, and from the general government, together with all other books and documents of which there are duplicates now in the State Library, or shall be hereafter received : Provided, That such books and docu- ments can be spared without injury to the State Library, and that such transfer be made without expense to the State. (R. S. 1881, § 4593; R. S. 1894, § 6092; R. S. 1897, § 6374. 530. State Geologist. 3. The State G-eologist, while he holds his office, shall be regarded as a member of the faculty of the university; and he is hereby directed, in his reconnois- ances, to collect duplicate specimens of mineralogy and geology, and to deposit one set of the same in the cabinet of the State University. (R. S. 1881, § 4594; R. S. 1894, § 6093; R. S. 1894, § 6375. [1 R. S. 1852, p. 504, Approved June IT, 1852, and in force May 6, 1853.] 531. Fund, how derived — Loans. 28. The University fund shall consist of the lands in Monroe and Gibson Counties, and the proceeds of sales thereof, and all donations for the use of such university, where the same is expressly mentioned in the grant, or where in such grant the term "University" only is used ; the principal of which fund, when paid into the State Treasury, shall be loaned, and the annual interest thereon ap- plied to the current expenses of the university, upon warrants drawn on the Treasurer of State by the Auditor of State, on the requisition of the Board of Trustees, signed by the Presi- dent and attested by the Secretary thereof, (R. S. 1881, § 4595 ; R. S. 1894, § 6094; R. S. 1897, § 6376. 532. Auditor of State to loan— Duty. 29. It shall be the duty of the Auditor of State to loan out such fund upon real estate security. He shall duly inform himself of the value of all real estate offered in pledge, and shall be judge of the validity of the title thereof; and any person appljdng for a loan shall produce to said auditor the title papers to such real estate, showing title in fee simple, without incumbrance, and not de- rived through any executor's or administrator's sale, or sale on SCHOOL LAW OF INDIANA. 339 execution. (R. S. 1881, § 4596 ; R. S. 1891, § 6095 ; R. S. 1897, § 6385.) 1. Repealed. From section 402 to section 424, inclusive, has been repealed by the Act of 1897, section 466. The repealed sections are inserted as matter of information. [1901, p. 342. Approved and in force March 9, 1901.] 533. Form of mortgage. 30. The mortgage to be taken may be in the following form, in substance : /, A. JB., of the county of , in the State of Indiana, do assign and transfer to the State of Indiana all. [licre describe the land], tvhich I declare to be mortgaged for the payment of dollars, iviih interest at the rate of six per cent, per annum, payable in advance, according to the conditions of the note heneunto annexed. 534. Form of Note. 31, The note accompanying the same may be, in substance, as follows : I, A. B., promise to pay to the State of Indiana, on or before the day of , the sum of , ivitli interest thereon at the rate of six per cent, per annum, in advance, commencing on the day of , 19 — , and do agree that, in case of failure to pay any instcdlment of said interest, the said principal shall become due and collectible, to- gether vjith all arrears of interest; and on any such failure to pay principal or interest when due, five per centum damages on the xvhole sum due shall be collected ivith costs, and the premises mortgaged may be forthivith sold by the Auditor of Public Accou7its [Auditor of State], for the payment of such principal sum, interest, damages and costs. [1. R. S. 1852, p. 504. Approved June 17, 1851. In force May 6, 1853.] 535. Loans — Security. 32. No greater sum than five hun- dred dollars shall be loaned to any one person out of such fund, nor shall the loan be for a longer period than five years; and the sum loaned shall not exceed one-half of the appraised value of the premises to be mortgaged, clear of all perishable im- provements. The Auditor may reduce the amount to be loaned on any such valuation, when, for any cause, he may have reason to believe the same was not in proportion to the prices of simi- lar property selling in the vicinity, such valuation to be made from the valuation of the same property in the assessment of the State revenue. (R. S. 1881, § 4599 ^R. S. 1894, § 6098; R. S. 1897, § 6788.) [1901, p. 342. Approved and in force March 9, 1901.] 536. Interest. " 33. The rate of interest required shall be six per cent, in advance, payable annually. On failure to pay any installment of interest when due, the principal shall forth- with become due ; and the note and mortgage may be collected. 340 SCHOOL LAW OF INDIANA. 1. This section, as it originally stood, was not repealed by the general interest law of 1879, fixing the rate at 8 per cent. — State v. Carr, 111 Ind. 335. [1. R. S. 1852, p. 504. Approved June 17, 1852; in force May 6, 1853.] 537. Priority of mortgage. 34. Sucli mortgages shall be considered as of record from the date thereof; and shall have priority of all mortgages or conveyances not previously re- corded, and of all other liens not previously incurred, in the county where the land lies. (E. S. 1881, §4601; R. S. 1894, § 6100 ; R. S. 1897, § 6390.) 538. Recording of mortgage. 35. It shall be the duty of the Auditor to have such mortgages recorded with due dili- gence, the expense whereof shall be borne by the mortgagor, and may be retained out of the money borrowed. (R. S. 1881, § 4602 ; R. S. 1894, § 6101 ; R. S. 1897, § 6391.) 539. Certificate as to liens. 36. The person applying for a loan shall file with the Auditor the certificate of the Clerk and Recorder of the county in which the land lies, showing that there is no conveyance of or incumbrance on said land, in either of their offices. (R. S. 1881, §4603; R. S. 1894, §6102; R. 8. 1897, § 6392.) 540. Abstract of title. 37. Such person shall also, before he receives the money to be loaned, make oath to the truth of an abstract of the title to his said land, and that there is no in- cumbrance, or better claim, as he believes, upon said land. (R. S. 1881, § 4604 ; R. S. 1894, § 6103 ; R. S. 1897, § 6393.) 541. Auditor's duty. 38. On making any loan of such fund, the Auditor shall draw his warrant on the Treasurer in favor of the borrower; and the Treasurer shall pay the same and charge it to the proper fund. (R. S. 1881, §4605; R. S. 1894, §6104; R. S. 1897, §6394.) 542. Payment. 39. All loans refunded and all interest shall be paid into the State Treasury ; and the Treasurer's re- ceipt shall be filed with the Auditor of State,' who shall give the payer a quietus for the amount thereof and make the proper entries upon his books. (R. S. 1881, § 4606 ; R. S. 1894, § 6105 ; R. S. 1897, § 6395.) SCHOOL LAW OF INDIANA. 341 543. Satisfaction. 40. Whenever the amount due on any mortgage shall be fully paid and the Treasurer's receipt filed therefor, the Auditor shall indorse on the note and mortgage that the same has been fully satisfied, and surrender them to the person entitled thereto ; and on the production of the same, with such indorsement thereon, the Recorder of the proper county shall enter satisfaction upon the record thereof. (R. S. 1881, § 4607 ; R. S. 1894, § 6106 ; R. S. 1897, § 6396.) 544. Loans, how collected. 41. When the interest or principal of any such loan shall become due and remain unpaid the Auditor shall proceed to collect the same by a suit on the note, or by the sale of the mortgaged premises, or both, as to him may seem most advisable. He may, also, by proper action, obtain possession of the mortgaged premises. (R. S. 1881, § 4608 ; R. S. 1894, § 6107 ; R. S. 1897, § 6397.) 545. Judgment. 42. In case of suit on such note, and judgment thereon, no stay of execution or appraisement of property shall be allowed. (R. S. 1881, §4609; R. S. 1894, § 6108 ; R. S. 1897, § 6398.) 546. Notice of sale. 43. On failure to pay any interest or principal, when due on any such mortgage, the Auditor shall advertise the mortgaged property for sale in one or more of the newspapers printed in this State, for sixty days — such sale to take place at the courthouse door in Indianapolis. (R. S. 1881, § 4610 ; R. S. 1894, § 6109 ; R. S. 1897, § 6399.) 1. A failure to give notice, or to not give it the required length of time, ren- ders the sale void. — Brown v. Ogg, 85 Ind. 234. Abbreviations may be used in the description. — Bansemer v. Mace, 18 Ind. 27. 547. Sale. 44. At the time appointed for such sale the Auditor and Treasurer of State shall attend, and the Auditor shall make sale of so much of the mortgaged premises to the highest bidder, for cash, as will pay the amount due for princi- pal, interest, damages and cost of advertising and selling the same ; and such sales may be in parcels, so that the whole amount required be realized. (R. S. 1881, § 4611 ; R. S. 1894, § 6110 ; R. S. 1897, § 6400.) 1. A sale for more than is due is void. — Brown v. Ogg, 85 Ind. 234. The Auditor may act by deputy. — Bansemer v. Mace, 18 Ind. 27. 2. It is not necessary to offer the mortgaged tract in parcels. — Bansemer v. Mace, 18 Ind. 27 342 SCHOOL LAW OF INDIANA. 548. When Auditor to buy — Se-sale. 45. In case no one will bid the full amount due as aforesaid, the Auditor shall bid in the same, on account of the proper fund ; and as soon there- after as may be, he shall sell the same to the highest bidder for cash, or on a credit of five years, interest being payable annu- ally in advance. (R. S. 1881, § 4612 ; R. S. 1894, § 6111 ; R. S. 1897, § 6401.) 549. Limit of bid — Overplus. 46. The sale authorized in the preceding section shall not be for less than the amount chargeable on such land ; but if for more, the overplus shall be paid to the mortgagor, his heirs or assigns. (R. S. 1881, § 4613 ; R. S. 1894, § 6112 ; R. S. 1897, § 6402.) 560. Statement of sale. 47. The Treasurer shall attend and make a statement of such sales, which shall be signed by the Auditor and Treasurer, and, after being duly recorded in the Auditor's office, shall be filed in the Treasurer's office ; and such record, or a copy thereof, authenticated by the Auditor's or Treasurer's certificate, shall be received as evidence of the matters therein contained. (R. S. 1881, §4614; R. S. 1894, § 6113 ; R. S. 1897, § 6403.) 651. Title in Statej without deed. 48. When any land is bid in by the State at such sale, no deed need be made there- for to the State ; but the statement of such sale, and the record thereof made, as in the preceding section required, shall vest the title in the State, for the use of the fund. (R. S. 1881, § 4615 ; R. S. 1894, § 6114; R. S. 1897, § 6404.) . 562. Sale for cash — Certificate. 49. In case of a sale of any such land to any person for cash, on the production of the Treasurer's receipt for the purchase money, the Auditor shall give to the purchaser a certificate, which shall entitle him to a deed for said land, to be executed by the Governor of this State and recorded in the office of the Secretary of State. (R. S. 1881, § 4616 ; R. S. 1894, § 6115 ; R. S. 1897, § 6405.) 653. Sale on credit. 50. In like manner, when any tract bid in by the State or sold on a credit, on the execution and de- livery of a note and mortgage for the proper amount, as in other cases required, the purchaser shall be entitled to a deed SCHOOL LAW OF INDIANA. 343 for the same, to be made as prescribed in the preceding section ; and the transaction shall be entered, and appear upon the Aud- itor's and Treasurer's books, as a payment of the sum bid, and a re-loan of the same to the purchaser, and the proper receipts and warrants shall pass therefor. (R. S. 1881, §4617; R. S. . 1894, § 6116 ; R. S. 1897, § 6406.) 554. Fees and damages, 51. For the services of the Auditor and Treasurer in conducting such sales, they shall be entitled to rece'ive five per cent, damages, chargeable on such sales. (R. S. 1881, § 4618 ; R. S. 1894, § 6117 ; R. S. 1897, § 6407.) 555. Accounts — Reports. 52. The Auditor and Treasurer sliall keep fair and regular entries of the sums received and paid out on account of said fund, and shall include the same in their annual reports. (R. S. 1881, §4619; R. S. 1894, §6118; R. S. 1897, § 6408.) 556. Accounts with borrowers. 53. In addition thereto, the Auditor shall keep fair and regular accounts with the bor- rowers of said fund, and shall report the names of borrowers with his annual report. (R. S. 1881, § 4620 ; R. S. 1894, § 6119 ; R. S. 1897, § 6409.) 557. Interest, when loaned. 54. Should any interest remain on hand, not wanted for the use of the university, the same may be loaned as other funds. (R. S. 1881, § 4621 ; R." S. 1894, § 6120 ; R. S. 1897, § 6410.) 558. Unsold lands. 55. The care and disposition of the lands belonging to and for the use of said university, remaining unsold or unpaid for, shall be vested in the present commis- sioners of the reserved townships in the counties in which such lands may lie, who shall sell such as remain unsold, and such as are forfeited for non-payment, on such terms and under such regulations as the Board of Trustees of such university may provide; except that, in every instance, the interest on the pur- chase-money must be paid in advance. ]^o purchaser, his heirs or assigns, shall have the right to cut down or destroy timber standing upon such land, other than for the erection of fences and buildings thereoB, or for firewood to be used on the prem- 344 SCHOOL LAW OF INDIANA. ises, and in fairly improving it for cultivation. (E. S. 1881, § 4622; R. S. 1894, § 6121 ; R. S. 1897, § 6411.) 559. Certificates of payment-^Patent. 56. On the first payment for any sucli land being made, the proper commissioner shall execute to the purchaser a certificate therefor ; and, on final payment, the original certificate shall be surrendered to the commissioner, and by him filed away, and he shall give to the purchaser two final certificates, stating the whole amount of principal and the whole amount of interest paid, one of which certificates shall be forwarded to the Auditor of State ; and on presentation of the other to the Auditor of State, if in all things correct, he shall countersign the same, which shall entitle the owner to a patent, to be issued by the Governor for the land so paid for. (R. S. 1881, § 4623; R. S. 1894, § 6122; R. S. 1897, § 6412.) 560. Leases. 57. Such commissioners may, from time to time, lease any such unsold improved land, for a term not ex- ceeding one year, until the same can be sold ; and such leases shall be guarded against trespass and waste by proper covenants, (R. S. 1881, § 4624; R. S. 1894, § 6123; R. S. 1897, § 6413.) 561. Commissioners' report. 58. Such commissioners shall make an annual report to the Board of Trustees of the lands remaining unsold, such as are forfeited, such as are not fully paid for, the amount due, and money collected from sale, as interest or principal ; which report shall be subscribed and sworn to by such commissioners, respectively, and be incorporated in the annual report of such board to the General Assembly. (R. S. 1881, § 4625 ; R. S. 1894, § 6124; R. S. 1897, § 6414.) 662. Commissioners' duty. 59. Money collected by such commiissioners shall be paid over to the treasurer of the board, who shall execute to such commissioners two receipts therefor, . each specifying the persons from whom such money was col- lected, and the amount thereof, whether for interest or princi- pal ; one of which receipts shall be immediately forwarded to the Auditor of State, to be by him used in his settlement with such treasurer. (R. S. 1881, § 4626; K S, 1894, § 6125; R. S. 1897, § 6415.) SCHOOL LAW 01* iNtHANA. B45 563. Pay of Commissioners.' 60. Such board shall regu- late the compensation of such commissioners. (R. S. 1881, § 4627 ; R. 8. 1894, § 6126 ; R. S. 1897, § 6416.) 564. Patents, and recording. 61. Patents for land sold shall be made by the Governor, and recorded in the office of the Secretary of State. (R. S. 1881, § 4628; R. S. 1894, § 6127; R. S. 1897, § 6417.) [1855, p. 201. Approved and in force March 3, 1855.1 565. Pay for managing fund. 7. The Auditor of State and the Treasurer of State, for the management of the Uni- versity fund, shall be, jointly, entitled to receive five per centum upon the interest paid in on such fund ; and it shall not be law- ful for them, or either of them, to make any other charges against the same. (R. S. 1881, § 4629; R. S, 1894, § 6128; R. S. 1897, § 6418.) 566. Extension of payments. 8. The time for the final payments to be made by the holders of original certificates for the purchase of lands reserved and granted to the State Uni- versity of Indiana, in the case of all such certificates as have heretofore been issued and are now outstanding, shall be ex- tended for the further term of three years from the time when the same may, respectively, fall due. (R. S. 1881, § 4630 ; R. S. 1894, § 6129 ; R. S. 1897, § 6419.) 567. Forfeiture, how prevented. 9. Any and all holders of such certificates, as aforesaid, who have forfeited such lands by the non-payment of interest on the purchase-money, shall be exempted and released from such forfeiture by paying, to the commissioners of such lands, on or before the first day of August, in the year 1855, all interest due on the same, together with the interest upon the amount due at the time of such for- feiture up to the time of said payment; and upon such pay-. ment being made, in the manner, and within the time herein specified, the holder of such certificate shall have the same rights under it as if such forfeiture had never occurred. (R. S, 1881, § 4631 ; R. S. 1894, § 6130 ; R. S. 1897, § 6420.) 568. Forfeited lands. 10. If any portion of said lands now forfeited shall not have been redeemed on said first day of 346 SCHOOL LAW OF INDIANA, August next, as provided in the preceding section, it shall be tlie duty of the commissioners of such reserved lands to sell the same for the best price they can obtain, not less than the original purchase price, allowing the purchaser a credit on the same as now provided by law. If any of such lands shall here- after be forfeited, it shall be the duty of such commissioners, if the same be not redeemed within six months from the time of such forfeiture, to sell the same on the terms in this section above provided. For their services in effecting such sales, the commissioners shall be entitled to retain, out of the first money received from the purchasers, five per cent, upon the amount of the purchase price of such lands. (R. S. 1881, § 4632 ; R. S. 1894, § 6131 ; li. S. 1897, § 6421.) [ 1859, p. 234. Approved and in force March 2, 1859.1 569. Appraisement of lands. 1. The Board of Trustees of the Indiana University shall cause to be appraised the land granted by the United States to the State of Indiana for the use of the said university. (R. S. 1881, §4633; R. S. 1894, § 6132 ; R. S. 1897, § 6422.) 570. Where filed and recorded. 2. It shall be the duty of the said trustees, v/hen the said appraisement shall have been made, to record the same upon their books, and to file a copy of the same in the office of the Auditor of State, to be, by said Auditor, recorded in his office; and, also, to file copies of such appraisements of the lands in the respective counties in the office of the auditor of the county where the lands are situate, to be by said County Auditor recorded. (R. S. 1881, §4634; R. S. 1894, § 6133 ; R. S. 1897, § 6423.) 571. Duty of County Auditors. 3. The Auditor of each of the said counties shall, upon said appraisements being filed as aforesaid, and when required so to do by the said Board of Trus- tees, offer for sale so much of the said lands as may be within their respective counties at public auction, in the manner here- inafter mentioned. R. S. 1881, § 4635 ; R. S. 1894, § 6134 ; R. S. 1897, §6424.) 572o Motice of sale. 4. l^otice of the time, place, and conditions of such sale shall be given by publication, for four SCHOOL LAW OF INDIANA. 347 weeks successively in a newspaper published in such county, if an}'' there be ; if not, in a newspaper in this State published nearest thereto, and also by posting up written or prinw : notices thereof in three of the most public places in the town- ship in which the lands are situated, and a like notice at the court house door at the county seat. (E. S. 1881, § 4636 ; R. S, 1894, § 6135 ; E. S. 1897, § 6425.) 573. Sale. 5. The place of sale for said lands shall be at the court house in each county of this State in which the said lands may be situated ; and it shall be the duty of the County Auditor to attend at the court house of his county at the time mentioned in the notice of the sale of said lands, and offer for sale at public auction, in legal subdivisions, and as near as prac- ticable in half-quarter sections, all the lands lying within hie county ; and, for that purpose, he shall continue the sale from day to day, until all of the said lands shall have been offered for sale. (E. S. 1881, § 4637; E. S. 1894, § 6136; E. S. 1897, § 6426.) 574. Terms of sale. 6. The said lands shall be offered for sale at the time and place mentioned in such publication, and struck off to the highest bidder by said County Auditor and County Treasurer, for a price not less than the appraised value thereof — one-fourth of the purchase money to be paid in hand, and the remaining three-fourths at the expiration of ten years from the date of such sale, with interest annually in ad- vance, at the rate of seven per cent, per annum, upon the resi- due or deferred payment. (E. S. 1881, § 4638 ; E. S. 1894, §-6137 ; E. S. 1897, § 6427.) 575. Private entry. 7. When any of said lands, offered at public sale as aforesaid, shall remain unsold, they shall be subject to private entry with the County Auditor and County Treasurer of each county, upon the same terms and conditions as lands sold at public auction, for a sum not less than the ap- praised value thereof, by any person applying to enter the same. (E. S. 1881, § 4639 ; E. S. 1894, § 6138 ; E. S. 1897, § 6428.) 576. Certificate of purchase. 8. When any sale shall be effected, either at public or private sale as aforesaid, the County Auditor shall give to the purchaser thereof a certificate, signed by him officially, bearing date o-n the day of sale, stating therein 348 SCHOOL LAW OF INDIANA. the name of the purchaser, the tract or tracts of land purchased by him, the number of acres contained in said tract or tracts, the price per acre, and the whole sum for which the same was sold, the amount of principal paid, and the amount of interest paid in advance. (R. S. 1884, § 4640 ; E. S. 1894, § 6139 ; R. S. 1897, § 6429.) 577. Certificate to be registered. 9. Said certificate shall be registered by the County Auditor in a book provided for that purpose, by entering in said book a correct copy thereof. (R. S. 1881, § 4641; R. S. 1894, § 6140; R. S. 1897, § 6430.) 578. Certificate assignable. 10. Said certificates of en- try shall be evidence of title to the land therein mentioned in the persons in whose names they shall issue, or their assigns, and shall be assignable, provided such assignments be acknowl- edged before the Auditor of the county wherein the land is sit- uated (who is hereby authorized to take such acknowledg- ments), and recorded by said Auditor in a book to be kept by him for that purpose ; for which service the said Auditor shall be en- titled to receive a fee of fifty cents, to be paid by the assignor of such certificate. (R. S. 1881, § 4642 ; R. S. 1894, § 6141 ; R. S. 1897, § 6431.) 579. Forfeiture. 11. On failure of any purchaser to pay any installment of interest on said deferred payment of purchase money when the same becomes due, the contract shall become forfeited and the land shall immediately revert to the State for the use of said university, and the County Auditor shall forth- with proceed to sell the same in the manner and on the terms hereinbefore specified for said public sales. (R. S. 1881, § 4643 ; R. S. 1894, § 6142 ; R. S. 1897, § 6432.) 580. Surplus. 12. If, on such subsequent sale, such lands shall produce more than is sufficient to pay the sum owing there- for, with interest and costs and five per cent, damages upon the amount due on such lands, the surplus shall, when collected, be paid over to the purchaser so forfeiting or his legal representa- tive. (R. S. 1881, § 4644 ; R. S. 1894, § 6143 ; R. S. 1897, § 6433.) 581. Forfeiture, how prevented. 13. At any time before such subsequent sale, payment of the sum due, with interest for SCHOOL LAW OF INDIANA. 349 the delay, and all costs, together with two per cent, damageis upon the amount due on such lands, shall prevent such sale and revive the original contract. (R. S. 1881, §4645; R. S. 1894, § 6144 ; R. S. 1897, § 6434.) 582. Land, how redeemed. 14. The former owner ot any lands sold as delinquent, his heirs, executors or administrators, may, at any time within one year after such resale, redeem the same by paying to the purchaser, his heirs or assigns, or to the County Treasurer, for him or them, the amount of purchase money paid by such purchaser, together with all subsequent payments, either of principal or interest, which such purchaser, or those claiming under him, may have made thereon, with in- terest at the rate of ten per cent, per annum. (R. S. 1881, § 4646 ; R. S. 1894, § 6145 ; R. S. 1897, § 6435.) 583. Security. 15. The Board of Trustees may require security from the purchaser at any of said sales, sufficient to prevent any waste being committed upon the lands by the re- moval of timber therefrom, or otherwise. (R. S. 1881, § 4647 ; R. S. 1894, § 6146 ; R. S. 1897, § 6436.) 584. Suit for waste. 16. In case of any forfeiture as afore- said, the purchaser so forfeiting shall be liable and may be sued for unnecessary injury or waste done to such land, and damages to double the amount of such injury or waste recovered there- for — such suit to be begun and prosecuted by the Auditor of the county where the land lies, in the name of the State of Indiana, for the use of the said university. (R. S. 1881, §4648; R. S. 1894, § 6147; R. S. 1897, § 6437.) 585. Patent, on full payment. 17. On full payment being made for any such land the County Auditor shall issue to the purchaser, or his assignee, a final certificate therefor; which, upon presentation to the Auditor of State, shall entitle the owner thereof to a patent for the land described therein, to be issued by the Governor and recorded in the office of the Secre- tary of State. (R. S. 1881, §4649; R. S. 1894, §6148; R. S. 1897, § 6438.) 1. By an act of 1889 the trustees were authorized to sell certain lands in Eing- gold County, Iowa, owned by the university, and to execute a deed therefor. — ■ Acts 1889, p. 255. 350 SCHOOL LAW OF INDIANA. 586. Auditor's report. 18. The County Auditor shall make, on the first Monday of each month, a report of his sales of said lands to the secretary of the Board of Trustees and to the Auditor of State, showing the date of sale, the description of the lands sold from time to time, the number of acres, the price per acre, the total amount each tract sold for, the amount of principal paid and the amount of interest paid, and of all forfeitures, re-sales and redemptions thereof. (R. S. 1881, § 4650 ; E. S. 1894, § 6149 ; R. S. 1897, § 6439.) 587. Treasurer's report. 19. The County Treasurer shall make a report, on the first Monday of each month, to the treas- urer of the Board of Trustees of the university and to the Treas- urer of State, of all moneys received by him, whether principal or interest, on account of such lands ; and the said Board of Trustees shall require the books of their secretary and treasurer to be so kept as to exhibit the true condition of the accounts of all such purchases and sales of the said lands. (R. S. 1881, § 4651 ; R. S. 1894, § 6150; R. S. 1897, § 6440.) To pay money to State Treasurer. 20. The County Treasurer shall, on the first Monday of each month, pay over to the Treasurer of State all sums received on account of the principal of the purchase money of said lands, and shall pay to the treasurer of the Board of Trustees of the university all sums received on account of the interest upon the purchase money of the said lands. (R. S. 1881, §4652; R. S. 1894, § 6151 ; R. S. 1897, § 6441.) Pay of Auditor and Treasurer. 21. The several County Auditors and Treasurers shall receive for their services the same compensation which may, from time to time, be al- lowed by law for similar services in relation to the sale of com- mon school lands, which shall be in full for all their services required by this act. (R. S. 1881, §4653; R. S. 1894, §6152; R. S. 1897, § 6442.) 590. Loans. 22. The Auditor of State shall loan out the said principal of the moneys received from th-e several County Treasurers on account of said sales, in the same manner, and requiring the same security, as other portions of the university SCHOOL LAW OP INDIANA. S51 fund is now or may hereafter be required by law to be loaned out, and shall pay over to the treasurer of the Board of Trustees the interest derived from said principal, as a part of the income of the university. The said Auditor of State shall, in his an- nual report to the Legislature, report the names of the borrow- ers of the whole of the university fund, the amount borrowed by each, and the total amount on loan at the date thereof, and the amount of the supended debt, if any, and in whose name forfeited. (R. S. 1881, §4654; R. S. 1894, §6153; R. S. 1897, §6443.) ' 591. Disposition of proceeds. 23. Of the first proceeds of said sum, the said Board of Trustees shall be entitled to receive an amount equal to the amount of interest belonging to the university and loaned out as principal by the Auditor of State, as shown by the report of that officer to the General Assembly at the session of 1851-2 ; which shall be paid to the treasurer of the Board of Trustees of the university, and be applied, under the order of the Board of Trustees, to the discharge of the debts growing out of the rebuilding of the university, and to the pur- chase of a suitable library, philosophical apparatus therefor, or proper furniture, in place of those destroyed by the burning of the university. (R. S. 1881, § 4655; R. S. 1894, § 6154; R. S. 1897, § 6444.) 592. Report of sales. 24. The Board of Trustees shall, in their annual report, include a full statement of the amount of the sales of such lands, and the application of the funds received therefor, as reported to them, from time to time. (R. S. 1881, §-4656; R. S. 1894, § 6155;' R. S. 1897, § 6445.) 593. One Trustee to attend sales. 25. One member of the Board of Trustees, to be designated by the board, shall attend to the public sales of the said lands, to prevent combinations injurious to the interests of the university; and he shall have power to withdraw the said lands, or any portion thereof, from sale, when, in his judgment, the interests of the university would be thereby promoted, and shall have the power and right to designate and determine in what subdivisions any of the said lands may be sold, at the time of said public sale, for the best 852 SCHOOL LAW OF iNDlAlTA. interests of the said university. (R. S. 1881, § 4657 ; R. S. 1 § 6156 ; R. S. 1897, § 6446.) 594. No member to deal in the lands. 26. 'No member of the Board of Trustees of the university shall, either directly or indirectly, become the purchaser of any such lands at any sale made by the County Auditor, or by private entry with the Auditor, after any forfeiture of purchase ; and any sale made to any member of the said board, contrary to the provisions of this section, shall be absolutely void, and the purchase-money, and interest which may have been paid thereon, shall be forfeited to the university fund. (R. S. 1881, § 4658 ; R. S. 1894, § 6157 ; R. S. 1897, §6447.) 595. Trustees to get information. 27. The commissioners of the university lands in Gibson and Monroe counties, and the several County Auditors and Treasurers of the counties in which any of the university lands are situated shall furnish such in- formation in relation to the lands and other property of the university, as may, from time to time, be required of them by the said Board of Trustees, and shall report, annually, the amount of unpaid purchase-money due on the lands sold for the use of the said university, in each of their counties. (R. S. 1881, § 4659; R. S. 1894, § 6158; R. 8. 1897, § 6448.) [1897, p. 117. Approved March 2, 1897. In force April 14, 1897.] 596. State Treasurer collects loan. 1. The Treasurer of State shall proceed at once to collect all outstanding loans be- longing to the permanent endowment fund of the State Univer- sity, located at Bloomington, which may be due, and shall collect all other loans belonging to said fund, as fast as they become due, which money, together with all other moneys that come into the hands of said Treasurer, belonging to said fund, shall be immediately apportioned by the Auditor of State pi^o rata among the several counties in this State, according to population, as ascertained by the enumeration taken and made in the year 1895, for legislative apportionment, and that the Treasurer of State, immediately thereafter, pay the same to the several County Treasurers, according to said apportionment made by the said Auditor of State, and take their receipts SCHOOL LAW OF INDIANA. 353 ■therefor; and semi-annuallj, on the first day of May and JSTo- vember of each year, the said Auditor of State shall apportion the amount collected during the preceding six months, and the Treasurer of State shall pay the same to the respective County Treasurers as above provided. (R. S. 1897, §6381.) 597. County Auditors loan. 2. The said moneys so dis- tributed and paid to said counties, as provided by section one (1) of this act, shall be loaned by the Auditors of the respective counties in the same manner and on the same terms and condi- tions and under the same restrictions, subject to the same limi- tations, and said loans shall be again collected from the bor- rower, as the Common School Funds are now loaned and col- lected. And the said several counties shall be liable in the same manner and to the same extent, for the principal and interest of said fund, and for the payment of the same, as they are now liable for the payment of the interest and principal of the Common School Funds. (R. S. 1897, § 6382.) 598. Auditor of State can not loan. 3. The Auditor of State is hereby prohibited from making any further loans from said fund, and all money in his hands belonging thereto shall be by the Auditor of State apportioned, and by the Treasurer of State paid to the several counties, where apportionment is made as provided in section one (1) of this act. (R. S. 1897, §6383.) 599. Counties pay interest. 4. The several counties of this State shall pay the interest on said fund to the Treasurer of State at the same time and in the same manner as interest is now paid on the School Fund, and said Treasurer of State shall at once pay the same to the Trustees of the Indiana University, and take proper receipts therefor. (R. S. 1897, § 6384.) 1. Donation. An act of 1897 permits donations by any county, city, town or township to any State university situated within it, not exceeding $25,000 for the county or city, and $10,000 for the township or town. Bonds of the county, town- ship, city or town may be issued for that purpose, and a tax levied to pay them. —Acts 1897, p. 42. 2. Sale op Old University Site. By an act of 1897 the Trustees of Indiana University were empowered to sell certain land in the city of Bloomington, or plat and sell it, once the site of the University buildings, known as "Seminary Square."— Acts 1897, p. 88. 23— ScH. Law. 854 SCHOOL LAW OF INDIANA. CHAPTER XXV. PUEDUE UNIVERSITY. Sec Sec 600. Agricultural college scrip. 612. 60L The first Trustees, and original name. 613. 602. Sale and investment of scrip. 614. 603. Donations accepted. 615. 604. Location. 616. 605. Purdvie University — Permanent name. 617. 606. Corporate name — Powers and duties of Trustees. 618. 607. Dedication of street. 619. 608. Power to dedicate. 620. 609. Privileges of John Purdue. 621. 610. Amendment or repeal. 622. 61L Appointment of Trustees. Term of office. Vacancies, how filled. Officers — Treasurer's bond and duties. County students. Students. Investment of fund. Gift to establish Institute of Tech- nology. Farmers' Institutes. Time and place of holding institutes. Appropriation. Acceptance of United States grant. [1865, p. 106. Approved and in force March 6, 1865.] Agricultural college scrip. 1. The State of Indiana accepts and claims the benetits of the provisions of the acts of Congress, approved July 2, 1862, and April 14, 1864, and assents to all the conditions and provisions in said acts contained. li. 8. 1881, § 4662 ; E. S. 1894, § 6167 ; R. S. 1897, § 6455.) 1. Congressional, Legislation. The acts of Congress referred to in this section will be found in the acts of 1865 (p. 106), set out at length in the preample. The first Trustees, and original name. 2. The Governor of this State, for the time being, and Alfred Pollard of Gibson, Smith Vawter of Jennings, Henry Taylor of Tippe- canoe, and Lewis Burk of Wayne, and their successors, are created a body corporate, under the name of " The Trustees of the Indiana Agricultural College." (R. S. 1881, § 4663 ; R. S. 1897, § 6168 ; S. S. 1897, § 6456^) 602. Sale and investment of scrip. 5. Said Trustees shall, by the hand of their treasurer, claim and receive from the Secretary of the Interior the land scrip to which this State is entitled by the provisions of said acts of Congress; and, under their direction, said treasurer shall sell the same, in such manner and at such times as shall be most advantageous SCHOOL LAW OF INDIANA. 355 to the State, and shall invest the proceeds thereof, and any in- terest that may accrue thereon, in the stocks of the United States, or of this State, yielding not less than five per centum per annum, upon the par value of the stocks; and said princi- pal and interest shall continue to be so invested, until further provision shall be made by the General Assembly of this State for fulfilling the requirements of said acts of Congress. (R. S. 1881, § 4664; R. S. 1894, § 6169; R. S. 1897, § 6457.) [1869 S., p. 24, Approved and in force May 6, 1869.] 603. Donations accepted. 1. The donation oftered by John Purdue, as set forth and communicated to the present General Assembly in the message of the Governor, on the six- teenth day of April, 1869, and the donations oifered by the county of Tippecanoe, the trustees of the Battle-Ground In.sti- tute, and the trustees of the Battle-Ground Institute of the Methodist Episcopal Church, as set forth and communicated to the General Assembly, at its last session, in the message of the Governor, of the twenty-seventh day of January, 1869, are hereby accepted by the State of Indiana. (R. S. 1881, § 4665 ; R. S. 1894, § 6170 ; R. S. 1897, § 6458.) 1. The appropriation made by Tippecanoe County in 1869 was rendered valid by this section. Marks v. Trustees, etc., 37 Ind. 155. 604. Location. 2. The college contemplated and provided by the act of Congress, approved July 2, 1862, entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the me- chanic arts," is hereby located in Tippecanoe County, at such point as may be determined before the first day of January, 1870, by a majority vote of the trustees of the Indiana Agri- cultural College ; and the faith of the State is hereby pledged that the location so made shall be permanent. (R. S. 1881, § 4666 ; R. S. 1894, § 6171 ; R. S. 1897, § 6459.) 605. Purdue Fniversity — Permanent name. 3. In con- sideration of said donation by John Purdue, amounting to one hundred and fifty thousand dollars, and of the further donation of one hundred acres of land appurtenant to the institution, 356 SCHOOL LAW OF INDIANA. and on condition that the same be made effectual, the said in- stitution, from and after the date of its location as aforesaid, shall have the name and style of "Purdue University ;" and the faith of the State is hereby pledged that said name and style shall be the permanent designation of said institution, witliout addition thereto or modification thereof. (R. S. 1881, § 4667; R. S. 1894, § 6172 ; E. S. 1897, § 6460.) 606. Corporate name — Powers and duties of Trustees. 4. From and after the date of the location made as aforesaid, the corporate name of the Trustees of the Indiana Agricultural Col- lege shall be " The Trustees of Purdue University " ; and they shall take in charge, have, hold, possess, and manage, all and sin- gular, the property and moneys comprehended in said donations, as also the fund derived from the sale of the land scrip donated under said acts of Congress, and the increase thereof, and all moneys or other property which may hereafter at any time be donated to and for the use of said institution. They shall also have power to organize said University in conformity with the purposes set forth in said acts of Congress, holding their meet- ings at such times and places as they may agree on, a majority of their number constituting a quorum. They shall provide a seal ; have power to elect all professors and teachers, removable at their pleasure ; fix and regulate compensations ; do all acts necessary and expedient to put and keep said university in oper- ation ; and make all by-laws, rules, and regulations required or proper to conduct and manage the same. (R. S. 1881, § 4668 ; R. S. 1894, § 6173; R. S. 1897, § 6461.) 1. Students Must Submit to Kules. A student is required to submit to any proper rule necessary for the good government of the institution. — State v. White, 82 Ind. 278. 2. Qualifications for Admission. The faculty can not make membership of a Greek-letter fraternity or other college secret society a disqualification for admission. — State v. White, 82 Ind. 278. 3. Race or Color. tStudents can not be expelled on account of race or color. — Corey v. Carter, 48 Ind. 327. [1893, p. 36. Approved and in force February 17, 1893.] 607. Dedication of street. 1. The Trustees of Purdue University are hereby empowered to dedicate for a public street, adjoining the town of West Lafayette, Indiana, a strip of la|iid SCHOOL LAW OF INDIANA. 357 thirty feet in width, and described as follows : beginning at the southeast corner of the lands owned by said university, and run- ning thence north along the east side of said university lands to the State road, a distance of about thirteen hundred and fifty feet. R. S. 1894, § 6183 ; R. S. 1897, § 6472.) 608. Power to dedicate. 2. That the Trustees of Pur- due University are hereby empowered to dedicate for public streets such strips of lands extending through or along the grounds owned by said university as they may deem for the best interest of said university. (R. S. 1894, §6184; R. S. 1897, § 6473.) [1869, S., p. 24. Approved and in force May 6, 1869.1 609. Privileges of John Purdue. 5. In further considera- tion of his said donation, John Purdue shall, from and after the taking effect of this act, be added as a member of said trustees of the Indiana Agricultural College, and he shall also be a mem- ber of said trustees of Purdue University. Should he, at any time, cease to be such member, he shall be continued as an advis- ory member of said trustees ; and he shall, during his lifetime, have visitorial power, for the purpose of inspecting the property, real and personal, of said university, recommending to the trus- tees such measures as he may deem necessary for the good of the university, and investigating the financial concerns of the corporation. And he is authorized to make report of his exam- ination, inspection, and inquiries, to the General Assembly, at any session thereof. (R. S. 1881, § 4669 ; R. S. 1894, § 6174 ; R. S. 1897, § 6462.) 610. Amendment or repeal. 6. This act shall be subject to future amendment or repeal, except so far as it provides for the acceptance of donations, the location of the college, the name and style thereof, and the rights and privileges conferred upon John Purdue. (R. 8. 1881, § 4670; R. 8. 1894, § 6175; R. S. 1897, § 6463.) [1875, p. 120. Approved March 9, 1875, and in force August 24, 1875.] 611. Appointment of Trustees. 1. Upon the taking effect of this act, it shall be the duty of the Governor of this State to appoint six trustees for the Purdue University, two of whom 358 * SCHOOL LAW OF INDIANA. shall be nominated by the State Board of Agriculture, one by the State Board of Horticulture, and three selected by the Gov- ernor himself — each of said trustees to be appointed from a different congressional district from the others, except that two may be appointed from the same congressional district in which said university is situate. (R. S. 1881, § 4671 ; R. S.' 1894, § 6176 ; E. S. 1897, § 6464.) 612. Term of office. 2. The persons so appointed shall constitute the Board of Trustees of said university, and shall hold their offices as follows : Two members of the first board shall hold their offices for one year and until their successors are appointed ; two for two years, and two for three years ; and at the expiration of the term of office of any of the members of the first or any subsequent board, their successors shall be appointed in like manner, and with like nomination, as provided in this act, to hold their ofiBces for the term of three years, and until their successors are appointed. (R. S. 1881, § 4672; R. S. 1894, §6177; R. S. 1897, §6465.) 613. Vacancies, how filled. 3. If, from any cause, a vacancy occur in said board, the same shall be filled, by appoint- ment, to fill the unexpired term, the person appointed to fill such vacancy being nominated and appointed, or appointed, in the same manner as his predecessor had been at the commence- ment of such term. (R. S. 1881, § 4673 ; R. S. 1894, § 6178 ; R. S. 1897, § 6466.) [1891, p. S4. Approved and in force February 26, 1891.] 614. Officers — Treasurers' bond and duties. 4. Said trustees shall, at their first meeting after their appointment, and every two years thereafter, choose a president of said board ; and they shall, at such meeting, and every two years thereafter, and whenever a vacancy occurs, elect, by ballot, a secretary and treasurer, neither of whom shall be a member of the board whose compensation shall be fixed by the trustees. The said treasurer shall give such bond to the State of Indiana in any sum not less than fifty thousand dollars for the faithful execu- tion of his trust, with sufficient sureties as said trustees may re- quire ; and he shall receive, take charge of, and, under the di- rection of said trustees, manage all [the] stocks and funds SCHOOL LAW OF INDIANA. 359 belonging to said university. (R. S. 1881, § 4674; R. S. 1894; § 6179 ; ii. S. 1897, 6467.) [1877, S. p. 60. Approved and in force March 12, 1877.] 615. County students. 1- The Board of Commissioners of each county in this State may appoint, in such manner as it may choose, two students, or scholars, to Purdue University, who shall be entitled to enter, remain, and receive instruction in the same,upon the same conditions, qualifications and regulations prescribed for other applicants for admission to, or scholars in, said university : Provided, however, That every student admitted to said university by appointment, by virtue of this act, shall in nowise be chargeable for room, light, heat, water, tuition, jani- tor or matriculation fees ; and said student shall be entitled, in the order of admittance, to any room in the university then vacant and designed for the habitation or occupancy of a stu- dent; and such student so admitted shall have prior right to any such room, subject to the rules of the university, over any student not appointed and admitted as aforesaid, (R. S. 1884, § 4675 ; R. S. 1894, § 6180 ; R. S. 1897, § 6468.) 616. Students. 2. ]^o more than two students at the same time from any one county shall be entitled to admittance to said university, under the provisions of this act. But the Board of Commissioners of each county may, from time to time, ap- point as aforesaid, to any vacancy in its appointments. (R. S. 1881, § 4676; R. S. 1894, § 6181; R. S. 1897, § 6469.) [1881 S., p. 585. Approved and in force April 14, 1881.] 617. Investment of fund. 1- The trustees of Purdue Uiiiversity, by their treasurer, are hereby authorized, on or after the first day of April, 1881, to surrender to the Treasurer of State the bond executed to sijiid university by the State of In- diana, bearing date April 1, 1878, and payable, in the sum of two hundred thousand dollars, on April 1, 1881 ; and a like bond executed by the State to said university, dated April 1, 1879, and payable, in the sum of one hundred and twenty-five thousand dollars, on April 1, 1884; and also to pay, out of the proceeds of the United States five per cent, bonds now held by said university (which said trustees are hereby empowered to 360 SCHOOL LAW OF INDIANA. sell), the sum of fifteen thousand dollars to said Treasurer of State ; who, thereupon, is hereby directed to issue and deliver to said treasurer of Purdue University a non-negotiable bond of the State of Indiana, to be signed by the Grovernor and State Treasurer, and attested by the Secretary of State and the State seal (the same to be dated April 1, 1881, and payable, twenty years after its date, to the trustees of Purdue University and their successors, with interest at the rate of five per cent, per annum, payable quarterly after date of the bond), all for the use of Purdue University — said bonds surrendered, and fifteen thou- sand dollars paid, constituting the endowment fund of said uni- versity derived from the gift of the United States. (R. S. 1881, § 4677 ; E. S. 1894, § 6182 ; R. S. 1897, § 6470.) [1889, p. 351. Approved and in force March 9, 1889.] 618. Gift to establish Institute of Technology. 1. When- ever any individual or individuals shall give, donate or bequeath a sum of money or other valuable property for the purpose of establishing an Institute of Technology or other special schools in connection with Purdue University in and on the grounds of said university, ihe trustees of said university are hereby authorized and empowered to accept such donation, gift or be- quest for and on behalf of the State of Indiana for such insti- tute on such terms as may be agreed upon by and between such trustees and said donor or donors or devisior [devisor] ; and the said trustees are hereby authorized to establish, maintain and operate such an institution in connection with Purdue Univer- sity : Provided, That such Institute of Technology shall be freely open to students upon the same terms upon which Purdue [Jniversity is open to students. And, 'provided, That nothingin this act shall enable or authorize said trustees to make any con- tract with said donor or donors by which any debts shall be created beyond or above current legislative appropriations to the university. And, provided further, That the terms upon which such donations are received and accepted shall not be effective unless the same are endorsed and approved by the Gov- ernor of the State of Indiana. (R. S. 1894, § 6185 ; R. S. 1897, §6471.) SCHOOL LAW OF INDIANA. 361 [1889, p. 273. Approved March 9, 1889, and in force May 10, 1889.] 619. Farmers' Institutes. 1. It is hereby made the duty of the Committee of Experimental Agriculture and Horticul- ture of the Board of Trustees, together with the faculty of the School of Agriculture of Purdue University, to appoint, before IsTovember 1st of each year, suitable persons to hold in the sev- eral counties of this State, between the 1st day of November and the 1st day of April of each year, county institutes for the purpose of giving to farmers and others interested therein in- struction in agriculture, horticulture, agricultural chemistry and economic entomology. (R. S. 1894, § 2809 ; E. S. 1897, § 2859.) 620. Time and place of holding Institutes. 2. Such in- stitutes shall be held at such times and places as said committee and faculty may determine, and under such rules, regulations and methods of instruction as they may prescribe : Provided^ however, That such institutes shall be so conducted as to give those attending the results of the latest investigations in theo- retical and practical agriculture and horticulture. (R. S. 1894, § 2810 ; R. S. 1897, § 2860.) 621. Appropriation. 3. For the purpose of carrying out the provisions of this act, paying the salaries of instructors and other necessary expenses, the sum of five thousand dollars is hereby appropriated, to be expended under the direction of the said committee of said Board of Trustees, and they shall an- nually report such expenditures and the purposes thereof to the Oovernor. (R. S. 1894, § 2811 ; R. S. 1897, § 2861.) 1. This appropriation is repealed after the July apportionment of 1896. [1891, p. 483. Approved and in force March 7, 1891.] 622. Acceptance of United States grant. 1. Whereas, an act of Congress, approved August 30, 1891, entitled an act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the pro- visions of an act of Congress, approved July 2, 1862, provides, among other things, that the grants of moneys, authorized by this act, are made subject to the legislative assent of the several States and Territories to the purpose of said grants : Provided, 362 SCHOOL LAW OF INDIANA. That the payments of such installments of the appropriation herein made, as shall become due to any State before the ad- journment of the regular session of the Legislature meeting next after the passage of this act, shall be made upon the assent of the Grovernor thereof, duly certified to the Secretary of the Treasury ; therefore. Be it resolved by the State of Indiana, That the legislative assent be, and the same is hereby, given to the purpose of said grant, and Purdue University is hereby designated as the agricultural college entitled to the said grant. CITAPTEE XXVI. TAX FOR INDIANA AND PURDUE UNIVERSITIES AND STATE NORMAL SCHOOL. Sec. 623. Amount of tax— Division. Sec. 624. Repeal of General appropriation — Per- manent fund not affected. [1895, p. 171. Approved and in force March 8, 1895.] 623. Amount of Tax — Bivisioi).. 1. There shall be as- sessed and levied upon the taxable property of the State of In- diana, in the year one thousand, eight hundred and ninety-five (1895), and in each year thereafter, for the use and benefit of the Indiana University, Purdue University, and the Indiana State ISTormal School, to be apportioned and distributed as here- inafter in this act provided, a tax of one-sixth (^) of one mill on every dollar of taxable property in Indiana, to be levied, assessed, collected and paid into the treasury of the State of Indiana in like manner as other State taxes are levied, assessed, collected and paid. And so much of the proceeds of said levy as may be in the State Treasury on the first day of July and the first day of January of each year, shall be immediately thereafter paid over to the Boards of Trustees of the respective institutions for which the tax was levied, to be distributed and apportioned among them severally upon the basis as follows, viz. : To the said Trustees of Indiana University upon the basis of one-fifteenth (1-15) of one mill; to the Trustees of SCHOOL LAW OF INDIANA. 363 Purdue University upon the basis of one-twentieth (1-20) of one mill, and to the Trustees of the Indiana State Normal School upon the basis of one-twentieth (1-20) of one mill on every dollar of taxable property in Indiana, and the Auditor of State of the State of Indiana is hereby directed to draw a proper warrant therefor. (E. S. 1897, | 6474.) 624. Repeal of General Appropriation — Permanent fund not affefcted. 2. All moneys due said institutions respect- ively, in accordance with any State law heretofore enacted, or that may hereafter be enacted, making annual appropriations thereto for maintenance, shall be paid to the respective institu- tions for the fiscal year 1895-6 and not thereafter. It being the intent that the moneys appropriated by the first section of this act shall from and after the date of the first payment thereof be paid in lieu of the moneys described in this section : Provided, That nothing in this act shall affect in any way any permanent fund that may belong to or may have been appropriated for either the Indiana University or Purdue University, named in this act, and that the proceeds of this tax accruing to Indiana University shall be used for maintenance. And ^ 'provided fur- ther, That no part of the school revenue for the State shall be deducted or set apart to the JSTormal School fund after the July apportionment for the year one thousand eight hundred and ninety-six (1896). (R. S. 1897, § 6475.) 1. The effect of the two preceding sections is to repeal section 4556 E. S. 1881, after the July apportionment of 1896; and to re^aeal, after the fiscal year 1895-6, the appropriation of two thousand dollars provided in section 4558 E. S. 1881. 2. These sections do not repeal sections 596 and 599, providing for an endow- ment fund for the State University ; but it does repeal, after the fiscal year 1895-6, sections 4660 and 4661 E. S. 1881, making annual appropriation for the Uni- versity. 364 SCHOOL LAAV OF INDIANA. CHAPTER XXVII. STATE LIBRARY. Sec Sec 625. Management. 637. 626. Election of Librarian. 638. 627. Term of office. 639. 628. Bond of Librarian. 640. 629. Library — When to be open. 641. 630. Removal of books forbidden. 642. 631. Who may use library. 643. 632. Use not transferable— Penalty. 644. 633. Catalogue. 645. 634. Fines. 646. 635. Purchasing Board— Appropriation. 647. 636. Laws and law books. Collection and binding of documents. Preservation of laws and journals. Legislative papers. Exchanges. Embezzlement. Missing books. Salaries. Report. Removal of Librarian or assistants. Removing of books — Misdemeanor. Injury to books— Penalty. [1895 p. 234. Approved March 11, 1895. In force June 28, 1895.] 625. Management. 1. The management and control of the State Library shall be vested in the State Board of Educa- tion, which shall constitute, for library purposes, the State Library Board. (R. S. 1897, § 8085.) 626. Election of Librarian. 2. The State Library Board shall before the first day of April in the year of 1897, elect a State Librarian, whose term of ofiice shall begin April 1, 1897, and who shall serve until his successor is elected by the said State Library Board. (R. S. 1897, § 8086.) 627. Term of office. 3. The term of ofiice of the State Librarian shall be two years, and he shall appoint his assistants by and with the advice and consent of the State Library Board. (R. S. 1897, § 8087.) 628. Bond of Librarian. 4. The Librarian shall, before entering on his duties, give bond and security, to the acceptance of the Secretary of State, in the penal sum of two thousand dollars ; which bond shall be filed in the office of the Secretary of State. (R. S. 1897, § 8088.) 629. Library— When to be open. 5. The library shall be kept open every day (Sunday, Fourth of July and other legal holidays excepted) during the session of the Legislature from SCHOOL LAW OF INDIANA. 365 nine o'clock until six, and, during the recess, from nine o'clock until four. (R. S. 1897, § 8089.) 630. Removal of books forbidden. 6. The State Libra- rian shall not permit any book, magazine, or work of any kind, to be taken from the library rooms, except temporarily, by the Judges of the Supreme Court of the State of Indiana, of the United States Court, officers of the State, members and officers of the General Assembly, when required in the discharge of their official duties. But in no case shall any such book, maga- zine or work, be taken outside of the Capitol building. (R. S. 1897, § 8090.) 631. Who may use library. 7. Said library shall be for the use of the members and officers of the Legislature, all State officers, judges of the courts of the United States and of this State, attorneys, editors, clergymen, physicians, professors, and teachers in literary or scientific institutions. Superintendent of Public Instruction, members of the State Board of Agriculture, officers of benevolent institutions. Clerk of the Supreme Court, County Clerks, Treasurers and Recorders, and all other persons who have been at any time entitled, by law, to the use of such library, and such strangers as the Librarian may be willing to intrust with books at his own risk, when any of them shall be at the seat of government. (R. S. 1897, § 8091.) 632. Use not transferable — Penalty 8. It shall not be lawful for any one having the use of the library to cause or per- mit another not having such use to draw books, except for the use of the persons first mentioned. Any person so oft'ending shall be liable to a penalty of five dollars for each offense. (R, S. 1897, § 8092.) 633. Catalogue. 9. The Librarian shall keep proper books, in which he shall make entry of all books taken out, designat- ing the names of the individuals taking the same ; also, of books returned, and of all fines and penalties assessed and collected under the provisions of this act. He shall also keep a complete catalogue of the library, and shall, from time to time, add thereto all books purchased, and erase therefrom all books lost or destroyed. (R. S. 1897, § 8093 ) 366 SCHOOL LAAV OF INDIANA. 634. Fines. 10. The Librarian shall collect all fines and forfeitures accruing to the State Library, by suit or otherwise, and pay the same to the Treasurer of State, taking his receipt, and filing the same in the ofiice of the Auditor of State, who shall charge the same to account of Treasurer of State, for the use of library. (E. S. 1897, § 8094.) 635. Purchasing Board — Appropriation. 11. The State Library Board shall be, and is hereby, constituted the Purchas- ing Board of the State Library. The State Librarian shall act as secretary of said Board and preserve minutes of their meet- ings and their ofiicial actions. Any three members of said Board shall constitute a quorum for the transaction of businesSo It shall be the duty of said Purchasing Board to decide what books, maps, charts and other instruments of knowledge shall be purchased for said library ; to supervise and direct the ex- penditure of all appropriations for the purchase and binding of books, and to report biennially to the Legislature the condi- tion and wants of the library. It shall not be lawful for the Libra,rian to make any purchase of books, maps, charts or any other instruments of knowledge, except on the direction of said Purchasing Board. There is hereby appropriated, to be paid out of the general fund of the State Treasury, the sum of one thousand dollars annually, to be expended during the year be- ginning April 1, 1895, for the purchase and binding of books for the State Library. (R. S. 1897, § 8095.) 636. Laws and law books. 12. All laws and law books and all legislative journals and documents shall be kept sepa- rate from the rest of the library. (R. S. 1897, §8096.) 637. Collection and binding of documents. 13. The Li- brarian shall collect annually and preserve duplicate copies of the messages of the President of the United States and of the Governors of the States ; report of heads of 'departments of the general and State governments, of the committee of ways and means of the several States, and of the committees of Congress on general subjects ; also copies of the reports and proceedings of public societies for the promotion of agriculture, the mechanic arts, history and literature, all of which may be bound. (R. S. 1897, § 8097.) SCHOOL LAW OF INDIANA. 3(37 638. Preservation of laws and journals. 14. The Li- brarian shall select from the journals and laws belonging to the State twenty copies of the journals of the House for each year, ten copies of the journals of the Senate, ten copies of the doc- umentary journals, thirty copies of the general laws and fifteen copies of the local laws for each year, and keep the same for use in the library ; and shall carefully preserve, in books or otherwise, all remaining copies of the same. (R. S. 1897, § 8098.) 639. Legislative papers. 15. The Librarian shall have charge of the legislative papers, which shall be delivered to him at the close of each session, by the Secretary of the Senate and the Clerk of the House, and shall keep in good order all bills introduced in either branch of the General Assembly, all petitions, memorials and remonstrances, each in its appropriate files, keeping the files of each house separately. (R. S. 1897, § 8099.) 640. Exchanges. 16. The Librarian may exchange, for the benefit of the State Library, any duplicate, imperfect, dam- aged or other work not wanted for use in the library. The li- brarian may also, with the consent of the State Library Board, sell such works for the benefit of the State Library. The Librarian shall keep an accurate account of all exchanges and sales, stating what books have been parted with and what re- ceived, what sold and for what price, and report the same to the Legislature at each session. He shall be charged and ac- count for all books received in exchange and all moneys re- ceived for sales. (R. S. 1897, § 8100.) 641. Embezzlement. 17. If the Librarian shall appro- priate to his own use or dispose of any of the books in the law or any other department of the State Library, or the proceeds of any exchanges or sales of books, or knowingly make any false reports thereof, contrary to the provisions of this act or the act to which it is an amendment, he shall be deemed guilty of a misdemeanor and fined not less than five nor more than one thousand dollars, and shall forfeit and be deprived of his office. (R. S. 1897, § 8101.) 368 SCHOOL LAW OF INDIANA. 642. Missing books. 18. It shall be the duty of the li- hrarian, in liis annual report, to report the names of those who have obtained books from the library during the current year and have not returned them, and also the titles of the works not returned. (R. S. 1897, § 8102.) 643. Salaries. 19. The salary of the State Librarian shall be fifteen hundred dollars per year. He shall appoint two as- sistants ; the salary of the first assistant shall be eleven hundred dollars per year, and the salary of the second assistant shall be nine hundred dollars per year, and one janitor, whose salary shall not exceed six hundred dollars. (R. S. 1897, § 8103.) 644. Report. 20. The Librarian shall report, at each ses- sion of the Legislature, the condition of the library, and a statement, by items, of expenditures made under this act. (R. S. 1897, § 8104.) 645. Removal of Librarian or assistants. 21. The State Library Board shall have the power to remove, for cause, at any time, the State Librarian or any assistant employed in the library or any assistant employed in the Librarian's ofiice. (R. S. 1897, § 8105.) 646. Removing books— Misdemeanor. 22. Any person guilty of a violation of the provisions of the preceding sections shall be deemed guilty of a misdemeanor, and shall, upon con- viction thereof, be fined in the sum of twenty-five dollars. (R. S. 1897, § 8106.) 647. Injury to books— Penalty. 23. Any person injuring a book shall be liable for three-fold damage ; and if the book injured or lost be one volume of a set he shall be liable for the whole set, but on paying for the same he may take the broken set. (R. S. 1897, § 8107.) I I 1. Note. For traveling libraries see Sections 270 to 280. APPENDIX. CONSTITUTION OF THE STATE OF INDIANA. 1851. HISTORICAL SKETCH. By an act of Congress, dated April 19, 1816, the inhabitants of the Territory of Indiana were authorized to form for them- selves a Constitution and State Government, which State, when formed, should be admitted into the Union upon the same foot- ing with the original States. Under this act, the members of the convention were elected on the second Monday of May, 181-6, met in convention, at Corydon, on the second Monday of June, 1816, and proceeded at once to form the Constitution, by the authority of Congress, without an ordinance of the Territory. The Constitution was completed on the twenty-ninth of June, 1816, unanimously adopted by the members of the con- vention — forty-three in number, and signed by all except one member from Clark County and one member from Warrick County. The Constitution went into effect upon "its adoption by the members of the convention which formed it. The first session of the G-eneral Assembly, held by its authority, met at Corydon on the first Monday of JSTovember, 1816. The Consti- tution of 1816 remained in force, without amendment, until the first day of ITovember, 1851. 24— ScH. Law. (369) 370 APPENDIX. An act was passed January 15, 1849, ''to provide for taking the sense of the qualified voters of the State on the calling of a convention to alter, amend, or revise the Constitution of this State." At an election held under authority of this act a large majority of all the votes cast was in favor of holding the con- vention. On the 18th day of January, 1850, the Legislature passed an act to provide for a convention of the people of the State of Indiana, "to revise, amend, or alter the Constitution of said State." By the authority of this act delegates were elected. They assembled in convention at the Capitol, in the city of Indianapolis, on the first Monday in October, 1850, and com- pleted their labors on the 10th day of February, 1851. This Constitution was ratified by the votes of the people. The first amendment to this Constitution was ratified Febru- ary 18, 1873, and related to the Wabash and Erie Canal. Other amendments were made March 14, 1881. PREAMBLE. To the end that justice be established, public order maintained, and liberty perpetuated : We, the people of the State of Indiana, grateful to Almighty God for the free exercise of the right to choose our own form of government, do ordain this Constitution. ARTICLE I. BILL OF EIGHTS. Section 1. We declare that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty, and the pursuit of happiness ; that all power is inherent in the people ; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well being. For the advancement of these ends, the people have at all times an indefeasible right to alter and reform their gov- ernment. CONSTITUTION OF THE STATE. 371 Sec. 2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences. Sec 3. 'No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience. Sec. 4. No preference shall be given, by law, to any creed, religious society or mode of worship ; and no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. Sec. 5. No religious test shall be required as a qualification for any office of trust or profit. Sec. 6. ISTo money shall be draw^n from the treasury for the benefit of any religious or theological institution. Sec 7. JSTo person shall be rendered incompetent as a wit- ness, in consequence of his opinion on matters of religion. Sec 8. The mode of administering an oath or affirmation shall be such as may be most consistent with, and binding upon, the conscience of the person to whom such oath or affirmation may be administered. Sec 9. l!^o law shall be passed restraining the free inter- change of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever; but for the abuse of that right every person shall be responsible. Sec 10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification. Sec 11. The right of the people to be secure in their per- sons, houses, papers and 'effects, against unreasonable search or seizure shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and par- ticularly describing the place to be searched, and the person or thing to be seized. Sec 12. All courts shall be open; and every man, for injury done to him, in his person, property or reputation, shall have 372 APPENDIX. remedy by due. course of law. Justice sliall be administered freely and without purchase; completely, and without denial; speedily, and without delay. Sec. 13. In all criminal prosecutions the accused shall have the right to a public trial, by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. Sec. 14. 'No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself. Sec. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor. Sec. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishment shall not be inflicted. All penalties shall be proportioned to the nature of the offense. Sec. 17. Offenses, other than murder or treason, shall be bailable by suflicient sureties. Murder or treason shall not be bailable when the proof is evident, or the presumption strong. Sec. 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice. Sec. 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts. Sec 20. In all civil cases the right of trial by jury shall re- main inviolate. Sec 21. IS'o man's particular services shall be demanded without just compensation. ISTo man's property shall be taken by law without just compensation ; nor, except in case of the State, without such compensation first assessed and tendered. Sec 22. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, ex- empting a reasonable amount of property from seizure or sale CONSTITUTION OF THE STATE. 373 for the payment of any debt or liability hereafter contracted ; and there shall be no imprisonment for debt, except in case of fraud. Sec. 23. The General Assembly shall not grant to any citi- zen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens. Sec. 24. IsTo ex post facto law, or law impairing the obliga- tion of contract, shall ever be passed. Sec. 25. Ko law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution. Sec. 26. The operation of the laws shall never be suspended, except by the authority of the General Assembly. Sec. .27. The privileges of the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion, and then only if the public safety demand it. Sec. 28. Treason against the State shall consist only in levy- ing war against it, and giving aid and comfort to its enemies. Sec. 29. ^o person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or upon his confession in open court. Sec. 30. ISo conviction shall work corruption of blood or forfeiture of estate. Sec. 31. IN'o law shall restrain any of the inhabitants of the State from assembling together, in a peaceable manner, to con- sult for their common good ; nor from instructing their repre- sentatives; nor fronl applying to the General Assembly for redress of grievances. Sec. 32. The people shall have a right to bear arms for the defense of themselves and the State. Sec. 33. The military shall be kept in strict subordination to the civil power. 374 APPENDIX. Sec. 34. JSTo soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war but in a manner to be prescribed by law. Sec. 35. The G-eneral Assembly shall not grant any title of nobility, nor confer hereditary distinctions. Sec. 36. Emigration from the State shall not be prohibited. Sec. 37. There shall be neither slavery nor involuntary servi- tude, within the State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted. No indenture of any negro or mulatto, made or executed out of the bounds of the State, shall be valid within the State. ARTICLE II. SUFFRAGE AND ELECTION. Section 1. All elections shall be free and equal. Sec. 2. In all elections not otherwise provided for by this Constitution, every male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months, and in the township sixty days, and in the ward or precinct thirty days immediately pre- ceding such election ; and every male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside, if he shall have been duly registered according to law. Sec. 3. No soldier, seaman or marine, in the array or navy of the United States, or their allies, shall be deemed to have acquired a residence in this State in consequence of having been stationed within the same; nor shall any such soldier, sea- man or marine, have the right to vote. CONSTITUTION OF THE STATE. 375 Sec. 4. 'No person shall be deemed to have lost his residence in the State by reason of his absence either on business of the State or of the United States. Sec. 5. [Stricken out by constitutional amendment of March 24, 1881.] Sec. 6. Every person shall be disqualified from holding office during the term for which he may have been elected, who shall have given or oifered a bribe, threat or reward to procure his election. Sec. 7. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust or profit. Sec 8. The General Assembly shall have power to deprive of the right of suftrage, and to render ineligible any person convicted of an infamous crime. Sec 9. No person holding a lucrative office or appointment, under the United States, or under this State, shall be eligible to a seat in the General Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted : Provided, That offices in the militia, to which there is attached no annual salary, and the office of Deputy Postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative ^ A7id jwovided, also, That counties containing less than one thou- sand polls may confer the office of Clerk, Recorder and Auditor, or any two of said offices, upon the same person. Sec 10. No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit until he shall have accounted for and paid over, ac- cording to law, all sums for which he may be liable. Sec 11. In all cases in which it is provided that an office shall not be filled by the same person more than a certain num- ber of years continuously, an appointment pro tempore shall not be reckoned a part of that term. 376 APPENDIX. Sec. 12. In all cases, except treason, felony and breach of tlie peace, electors sliall be free from arrest in going to elec- tions, during their attendance there, and in returning from the same. Sec. 13. All elections by the people shall be by ballot ; and all elections by the General Assembly, or by either branch thereof, shall be viva voce. Sec. 14. All general elections shall be held on the first Tiies- day after the first Monday in ISTovember ; but township elections may be held at such time as may be provided by law : Provided, That the General Assembly may 2:)rovide by law for the election of all judges of courts of general or appellate jurisdiction, by an election to be held for such ofiicers only, at which time no other officer shall be voted for; and shall also provide for the registration of all persons entitled to vote. ARTICLE III. DISTRIBUTION OF POWERS. Section 1. The powers of the Government are divided into three separate departments : the Legislative, the Executive (in- cluding the Administrative), and the Judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another except as in this Constitution expressly provided. ARTICLE IV. legislative. Section 1. The Legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. The style of every law shall be, "Be it enacted by the General Assembly of the State of Indiana;" and no law shall be enacted except by bill. Sec. 2. The Senate shall not exceed fifty, nor the House of Representatives one hundred members ; and they shall be CONSTITUTION OF THE STATE. 377 claoseu by the electors of the respective counties or districts into which the State may, from time to time, he divided. Sec. 3. Senators shall be elected for the term of four years, and Representatives for the term of two years, from the day next after their general election : Provided, however, That the Senators elect, at the second meeting of the General Assembly under this Constitution, shall be divided, by lot, into two equal classes, as nearly as may be ; and the seats of Senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years ; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of increase in the number of Senators, they shall be so annexed by lot, to the one or the other of the two classes, as to keep them as nearly equal as practicable. Sec. 4. The General Assembly shall, at its second session after the adoption of this Constitution, and every sixth year thereafter, cause an enumeration to be made of all the male inhabitants over the age of twenty-one years. Sec. 5. The number of Senators and Representatives shall, at the session next following each period of making such enu- meration, be fixed by law, and apportioned among the several counties, according to the number of male inhabitants, above twenty-one years of age, in each : Provided, That the first and second elections of members of the General Assembly, under this Constitution, shall be according to the apportionment last made by the General Assembly before the adoption of this Constitution. Sec. 6. A Senatorial or Representative district, where more than one county shall constitute a district, shall be composed of contiguous counties ; and no county, for Senatorial appor- tionment, shall ever be divided. Sec. 7. ISTo person shall be a Senator or a Representative, who, at the time of his election, is not a citizen of the United States ; nor any one who has not been, for two years next pre- ceding his election, an inhabitant of this State, and for one year next preceding his election, an inhabitant of the county or 378 APPENDIX. district whence lie may be chosen. Senators shall be at least twenty-five, and Representatives at least twenty-one years of Sec. 8. Senators and Representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process during the session of the General Assem- bly, nor during the fifteen days next before the commencement thereof. For any speech or debate in either House, a member shall not be questioned in any other place. Sec. 9. The sessions of the General Assembly shall be held biennially, at the capital of the State, commencing on the Thursday next after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may, at any time, by proclamation, call a special session. Sec. 10. Each House, when assembled, shall choose its own ofiicers (the President of the Senate excepted), judge the elec- tions, qualifications and returns of its own members, determine its rules of proceeding, and sit upon its own adjournment. But neither House shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which it may be sitting. Sec. 11. Two-thirds of each House shall constitute a quorum to do business ; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to efiiect an organization within the first five days thereafter, the members of the House so failing shall be entitled to no compensation from the end of the said five days, until an organization shall have been effected. Sec 12. Each House shall keep a journal of its proceedings,, and publish the same. The yeas and nays, on any question, shall, at the request of any two membera. be entered, together CONSTITUTION OF THE STATE. 379 with the names of the members demanding the same, on the journal : Provided, That on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays. Sec. 13. The doors of each House, and of Committees of the Whole, shall be kept open, except in such cases as, in the opin- ion of either House, may require secrecy. SeCo 14. Either House may punish its members for disor- derly behavior, and may, with the concurrence of two-thirds, expel a member ; but not a second time for the same cause. Sec 15. Either House, during its session, may punish, by imprisonment, any person not a member, who shall have been guilty of disrespect to the House, by disorderly or contemptu- ous behavior in its presence ; but such imprisonment shall not, at any time, exceed twenty-four hours. Sec. 16. Each House shall have all powers necessary for a branch of the legislative department of a free and independent State. Sec. 17. Bills may originate in either House, but may be amended or rejected in the other, except that bills for raising revenue shall originate in the House of EepresentativeSo Sec. 18. Every bill shall be read by sections, on three several days in each House ; unless, in case of emergency, two-thirds of the House where such bill may be depending shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill by sections, on its final passage, shall in no case be dispensed with ; and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays. Sec. 19. Every act shall embrace but one subject, and mat- ters properly connected therewith; which subject shall be ex- pressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. Sec. 20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms. ■ 380 APPENDIX. Sec. 21. 'No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length. Sec. 22. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables ; For the punishment of crimes and misdemeanors ; Regulating the practice in courts of justice; Providing for changing the venue in civil and criminal cases ; Granting divorces ; Changing the names of persons ; For laying out, opening and working on, highways, and for the election or appointment of supervisors ; Vacating roads, town plats, streets, allej^s and public squares; Summoning and impanneling grand and petit juries, and pro- viding for their compensation ; Regulating county and township business ; Regulating the election of county and township officers, and their compensation ; For the assessment and collection of taxes for State, county, township or road purposes ; Providing for supporting common schools, and for the preser- vation of school funds ; In relation to fees or salaries ; except that the laws may be so made as to grade the compensation of officers in proj3ortion to the population and the necessary services required ; In relation to interest on money ; Providing for opening and conducting elections of State, county or township officers, and designating the places of vot- ing ; CONSTITUTION OF THE STATE. 381 Providing for the sale of real estate belonging to minors, or Other persons laboring under legal disabilities, by executors, ad- ministrators, guardians or trustees. Sec. 23. In all the cases enumerated in the preceding section, and in all other cases where a general law can be made appli- cable, all laws shall be general and of uniform operation throughout the State. Sec. 24. Provisions may be made by general law, for bring- ing suits against the State, as to all liabilities originating after the adoption of this Constitution ; but no special act authoriz- ing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed. Sec. 25. A majority of all the members elected to each House shall be necessary to pass every bill or joint resolution; and all bills and joint resolutions so passed shall be signed by the presiding officers of the respective houses. Sec. 26. Any member of either Hous'e shall have the right to protest, and to have his protest, with his reasons for dissent, entered on the journal. Sec. 27. Every statute shall be a public law, unless otherwise declared in the statute itself. Sec. 28. ^o act shall take effect until the same shall have been published and circulated in the several counties of this State, by authority, except in case of emergency; which emer- gency shall be declared in the preamble or in the body of the law. Sec. 29. The members of the General Assembly shall receive for their services a compensation, to be fixed by law ; but no in- crease of compensation shall take effect during the session at which such increase may be made. Ko session of the General Assembly, except the first under this Constitution, shall extend beyond the term of sixty-one days, nor any special session be- yond the term of forty days. Sec. 30. l^o Senator or Eepresentative shall, during the term for which he may have been elected, be eligible to any office, 382 APPENDIX. the election to which is vested in the General Assembly, nor shall he be appointed to any civil office of profit, which shall have been created, or the emolnments of which shall have been increased, during such term; but this latter provision shall not be construed to apply to any office elective by the people. ARTICLE Y. EXECUTIVE. Section 1. The executive powers of the State shall be vested in a Governor. He shall hold his office during four years, and shall not be eligible more than four years in any period of eight years. Sec. 2. There shall be a Lieutenant-Governor, who shall hold his ofiice during four years. Sec, 3, The Governor and Lieutenant-Governor shall be elected at the times and places of choosing members of the General Assembly. Sec. 4. In voting for Governor and Lieutenant-Governor the electors shall designate for whom they vote as Governor, and for whom as Lieutenant-Governor. The returns of every election for Governor and Lieutenant-Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House of Representatives, who shall open and publish them in the presence of both Houses of the General Assembly. Sec. 5. The persons, respectively, having the highest num- ber of votes for Governor and Lieutenant-Governor, shall be elected ; but in case two or more persons shall have an equal and the highest number of votes for either office, the General Assembly shall, by joint vote, forthwith proceed to elect one of the said persons Governor or Lieutenant-Governor, as the case may be. Sec 6. Contested elections for Governor or Lieutenant-Gov- ernor shall be determined by the General Assembly, in such manner as may be prescribed by law. CONSTITUTIOSr OF THE STATE. 383 Sec. 7. ]^o person shall be eligible to the office of Governor or Lieutenant-Governor, who shall not have been five years a citizen of the United States, and also a resident of the State of Indiana during the five years next preceding his election ; nor shall any person be eligible to either of the said offices who shall not have attained the age of thirty years. Sec. 8. l^o member of Congress, or person holding any office under the United States, or under this State, shall fill the office of Governor or Lieutenant-Governor. Sec. 9. The official term of the Governor or Lieutenant-Gov- ernor shall commence on the second Monday of January, in the year one thousand, eight hundred and fifty-three ; and on the same day every fourth year thereafter. Sec. 10. In case of the removal of the Governor from office, or of his death, resignation or inability to discharge the duties of the office, the same shall devolve on the Lieutenant-Governor ; and the General Assembly shall, by law, provide for the case of removal from office, death, resignation, or inability, both of the Governor and Lieutenant-Governor, declaring what officer then shall act as Governor; and such officer shall act accordingly un- til the disability be removed or a Governor be elected. Sec. 11. Whenever the Lieutenant-Governor shall act as Governor, or shall be unable to attend as President of the Senate, the Senate shall elect one of its own members as President for the occasion. Sec. 12. The Governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, or to suppress insurrection, or to repel invasion. Sec. 13. He shall, from time to time, give to the General As- sembly information touching the condition of the State, and rec- ommend such measures as he shall judge to be expedient. Sec. 14. Every bill which shall have passed the General As- sembly shall be presented to the Governor ; if he approve, he shall sign it, but if not, he shall return it, with his objections, to the House in which it shall have originated, which House shall enter the objections at large upon its journals and proceed to 384 APPENDIX. reconsider tlie bill. If, after sucli reconsideration, a majority of all tlie members elected to.that House shall agree to pass the bill, it shall be sent, with the Governor's objections, to the other House, by which it shall likewise be reconsidered, and if approved by a majority of all the members elected to that House, it shall be a law. If any bill shall not be returned by the Governor within three days, Sundays excepted, after it shall have been presented to him, it shall be a law without his signature, unless the general adjournment shall prevent its return, in which ease it shall be a law unless the Governor, within five days next after such ad- journment, shall file such bill, with his objections thereto, in the ofiice of the Secretary of State, who shall lay the same before the General Assembly at its next session in like manner as if it had been returned by the Governor. But no bill shall be presented to the Governor within two days next previous to the final ad- journment of the General Assembly. Sec. 15. The Governor shall transact all necessary business with the officers of Government, and may require any informa- tion in writing from the officers of the administrative depart- ment, upon any subject relating to the duties of their respective offices. Sec. 16. He shall take care that the laws be faithfully executed. Sec. 17. He shall have the power to grant reprieves, com- mutations and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law, and shall report to the General Assembly, at its next meet- ing, each case of reprieve, commutation, or pardon granted, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted : Provided, however, That the General Assembly may, COiifSMTUTiON OE* THE STATE. 385 by law, constitute a council, to be composed of officers of State, without wliose advice and consent the Governor shall not have power to grant pardons, in any case, except such as may, by law, be left to his sole power. Sec. 18. "When, during a recess of the General Assembly, a vacancy shall happen in any office, the appointment to which is vested in the General Assembly, or when, at any time, a va- cancy shall have occurred in any other State' office, or in the office of Judge of any court, the Governor shall fill such va- cancy by appointment, which shall expire when a successor shall have been elected and qualified. Sec. 19. Ha shall issue writs of election to fill such vacan- cies as may have occurred in the General Assembly. Sec. 20. Should the seat of Government become dano:erous from disease or a common enemy, he may convene the General Assembly at any other place. Sec. 21. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate ; have a right, when in Com- mittee of the Whole, to join in debate, and to vote on all sub- jects, and, whenever the Senate shall be equally divided, he shall give the casting vote. Sec. 22. The Governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected. Sec. 23. The Lieutenant-Governor, while he shall act as President of the Senate, shall r'eceive for his services the same compensation as the Speaker of the House of Representatives; and any person acting as Governor shall receive the compensa- tion attached to the office of Governor. Sec. 24. I*^either the Governor nor Lieutenant-Governor shall be eligible to any other office during the term for which he shall have been elected. 25 — ScH. Law. 3^6 At'PBlJDlX. ARTICLE VI. ADMINISTRATIVE. Section 1. There shall be elected by the voters of the State, a Secretary, an Auditor, and a Treasurer of State, who shall severally hold their offices for two years. They shall perform such duties as may be enjoined by law ; and no person shall be eligible to either of said offices more than four years in any period of six years. Sec. 2. There shall be elected in each county, by the voters thereof, at the time of holding general elections, a Clerk of the Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner and Surveyor. The Clerk, Auditor and Recorder shall con- tinue in office four jears ; and no person shall be eligible to the office of Clerk, Recorder or Auditor more than eight years in any period of twelve years. The Treasurer, Sheriff, Coroner and Surveyor, shall continue in office two years ; and no per- son shall be eligible to the office of Treasurer or Sheriff more than four years in any period of six years. Sec. 3. Such other county and township officers as may be necessary, shall be elected or appointed, in such manner as may be prescribed by law. Sec. 4. 'No person shall be elected or appointed as a county officer, who shall not be an elector of the county ; nor any one who shall not have been an inhabitant thereof during one year next preceding his appointment, if the county shall have been so long organized ; but if the county shall not have been so long organized, then within the limits of the county or coun- ties out of which the same shall have been taken. Sec. 5. The Governor, and the Secretary, Auditor and Treas- urer of State, shall, severally, reside and keep the public records, books and papers, in any manner relating to the respective offices, at the seat of government. Sec. 6. All county, township and town officers shall reside within their respective counties, townships and towns, and shall CONSTITUTION OF THE STATE. 387 keep their respective offices at snch. places therein, and perform such duties as may be directed by law. Sec, 7. All State officers shall, for crime, incapacity or neg- ligence, be liable to be removed from office, either by impeach- ment by the House of Representatives, to be tried by the Sen- ate, or by a joint resolution of the General Assembly; two- thirds of the members elected to each branch voting, in either case, therefor. Sec. 8. All State, county, township and town officers may be impeached, or removed from office in such manner as may be prescribed by law. Sec. 9. Vacancies in county, township and town offices shall be filled in such manner as may be prescribed by law. Sec. 10. The G-eneral Assembly may confer upon the Boards doing county business in the several counties, powers of a local administrative character. ARTICLE VII. JUDICIAL. Section 1. The Judicial power of the State shall be vested in a Supreme Court, in Circuit Courts, and in such other courts as the General Assembly may establish. Sec. 2. The Supreme Court shall consist of not less than three, nor more than five Judges; a majority of whom shall form a quorum. They shall hold their offices for six years, if they so long behave well. Sec. 3. The State shall be divided into as many districts as there are Judges of the Supreme Court, and such districts shall be formed of contiguous territory, as nearly equal in population as, without dividing a county, the same can be made. One of said Judges shall be elected from each district, and reside therein ; but said Judge shall be elected by the electors of the State at large. 388 APPENDIX. Sec. 4. The Supreme Court shall have jurisdiction, co-ex- tensive with the limits of the State, in appeals and writs of error, under such regulations and restrictions as may be pre- scribed by law. It shall also have such original jurisdiction as the G-eneral Assembly may confer. Sec. 5. Thg Supreme Cpurt shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case, and the decision of the Court thereon. Sec. 6. The General Assembly shall provide by law, for the speedy publication of the decisions of the Supreme Court, made under this Constitution, but no Judge shall be allowed to re- port such decision. Sec. 7. There shall be elected by the voters of the State, a Clerk of the Supreme Court, who shall hold his office four years, and whose duties shall be prescribed by law. Sec. '8. The Circuit Courts shall each consist of one Judge, and shall have such civil and criminal jurisdiction as may be prescribed by law. Sec. 9. The State shall, from time to time, be divided into Judicial Circuits, and a Judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit, and shall hold his office for the term of six years, if he so long be- have well. Sec. 10. The General Assembly may provide, by law, that the Judge of one circuit may hold the courts of another circuit, in cases of necessity or convenience ; and in case of temporary inability of any Judge, from sickness or other cause, to hold the courts in his circuit, provisions may be made, by law, for holding such courts. Sec. 11. There shall be elected, in each Judicial Circuit, by the voters thereof, a Prosecuting Attorney, who shall hold his office for two years. Sec. 12. Any Judge or Prosecuting Attorney, who shall have been convicted of corruption or other high crime, may, on in- formation in the name of the State, be removed from office by CONSTITUTION OF THE STATE. 389 the Supreme Court, or in such other manner as may be pre- scribed by law. Sec. 13. The Judges of the Supreme Court and Circuit Courts shall, at stated times, receive a compensation, which shall not be diminished during their -continuance in office. Sec. 14. A competent number of Justices of the Peace shall be elected by the voters in each township in the several coun- ties. They shall continue in office four years, and their powers and duties shall be prescribed by law. Sec. 15. All judicial officers shall be conservators of the peace in their respective jurisdictions. Sec. 16. l^o person elected to any judicial office shall, during the term for which he shall have been elected, be eligible to any office of trust or profit under the State, other thau a judi- cial office. Sec. 17. The General Assembly may modify or abolish the Grand Jury system. Sec. 18. All criminal prosecutions shall be carried on in the name, and by the authority of the State; and the style of all processes shall be, "The State of Indiana." Sec 19. Tribunals of conciliation may be established, with such powers and duties as shall be prescribed by law ; or the powers and duties of the same may be conferred upon other courts of justice; but such tribunals or other courts, when sit- ting as such, shall have no power to render judgment to be obligatory on the parties unless they voluntarily submit their matters of difi'erence and agree to abide the judgment of such tribunal or court. Sec 20. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the appointment of three commissioners whose duty it shall be to revive, sim- plify and abridge the rules, practice, pleadings and forms of the courts of justice. And they shall provide for abolishing the distinct forms of action at law now in use ; and that justice shall be administered in a uniform mode of pleading, without 390 APPENDIX, distinction between law and eqnity. And tlie Greneral Assembly may, also, make it the duty of said commissioners to reduce into a systematic code tlie general statute law of the State ; and said commissioners shall report the result of their labors to the General Assembly, with such recommendations and suggestions, as to the abridgment and amendment, as to said commissioners may seem necessary or proper. Provision shall be made by law for filling vacancies, regulating the tenure of office and the com- pensation of said commissioners. Sec, 21. Every person of good moral character, being a voter, shall be entitled to admission to practice law in all courts of justice. ARTICLE YIII. EDUCATION. Section 1, Knowledge and learning generally diffused throughout a community, being essential to the preservation of a free government, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scien- tific and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all. Sec 2. The common school fund shall consist of the con- gressional township fund, and the lands belonging thereto; The surplus revenue fund ; The saline fund, and the lands belonging thereto ; The bank tax fund, and the fund arising from the one hun- dred and fburteenth section of the charter of the State Bank of Indiana ; The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such semi- naries ; from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance ; All lands that have been or may hereafter be granted to the State, where no special purpose is expressed in the grantj and eoNSMTtJTlON OF THE STATE. 391 tne proceeds of the sales thereof; including the proceeds of the sales of the Swamp Lands granted to the State of Indiana by the act of Congress, of the 28th of September, 1850, after de- ducting the expense of selecting and draining the same ; Taxes on the property of corporations that may be assessed by i?he General Assembly for Common School purposes. Sec. 3. The principal of the Common School Fund shall remain a perpetual fund, which may be increased, but shall never be diminished ; and the income thereof shall be inviolably appropriated to the support of Common Schools, and to no other purpose whatever. Sec. 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the Common School Fund as have not heretofore been entrusted to the several counties ; and shall make provisions, by law, for the distribu- tion, among the several counties, of the interest thereof. Sec. 5. If any county shall fail to demand its proportion of such interest for Common School purposes, the same shall be reinvested for the benefit of such county. Sec. 6. The several counties shall be held liable for the pres- ervation of so much of the said fund as may be entrusted to them, and for the payment of the annual interest thereon. Sec. 7. All trust funds held by the State shall remain invio- late, and be faithfully and exclusively applied to the purposes for which the trust was created. Sec. 8. The General Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public Instruction, who shall hold his ofi&ce for two years, and whose duties and compensation shall be prescribed by law. ARTICLE IX. STATE INSTITUTIONS. Section 1. It shall be the duty of the General Assembly to provide by law for the support of Institutions for the Education of the Deaf and Dumb, and of the Blind; and, also, for the treatment of the Insane. 392 APPENDIX. Sec, 2. • The General Assembly sliall provide Houses of Refuge for tlie correction and reformation of juvenile offenders. Sec. 3. The County Boards shall have power to provide farms as an asylum for those persons who, by reason of age, hifirmity, or other misfortune, have claims upon the sympathies and aid of society. ARTICLE X. FINANCE. Section 1. The General Assembly shall provide, by law, for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only fo" mnicipal, educational, literary, scientific, religious or charitab' _ purposes, as may be specially exempted by law. Sec. 2. All the revenues derived from the sale of any of the public works belonging to the State, and from the net annual income thereof, and any surplus that may, at any time, remain in the Treasury derived from taxation for general State purposes, after the payment of the ordinary expenses of the government, and of the interest on bonds of the State, other than bank bonds, shall be annually applied, under the direction of the General Assembly, to the payment of the j^rincipal of the public debt. Sec. 3. No nioney shall be drawn from the Treasury but in pursuance of appropriations made by law. Sec. 4. An accurate statement of the receipts and expendi- tures of the public money shall be published with the laws of each regular session of the General Assembly. Sec. 5. No law shall authorize any debt to be contracted, on behalf of the State, except in the following cases : To meet casual deficits in the revenue; to pay the interest on the State debt; to repel invasion, suppress insurrection, or, if hostilities be threatened, provide for public defense. Sec. 6. No county shall subscribe for stock in any incorpo- rated company, unless the same be paid for at the time of such CONSTITUTION OF THE STATE. 393 subscription ; nor shall any county loan its credit to any incor- porated company, nor borrow money for the purpose of taking stock in any such company; nor shall the General Assembly ever, on behalf of the State, assume the debts of any county, city, town or township, nor of any corporation whatever. Sec. 7. l^o law or resolution shall ever be passed by the General Assembly of the State of Indiana that shall recognize any liability of this State to pay or redeem any certificate of stock issued in pursuance of an act entitled " An act to provide for the funded debt of the State of Indiana, and for the comple- tion of the Wabash and Erie Canal to Evansville," passed Janu- ary 19, 1846, and an act supplemental to said act, passed January 29, 1847, which by the provisions of the said acts, or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal in said acts men- tioned ; and no such certificates of stocks shall ever be paid by this State. [Note. — Agreed to by a majority of the members elected to each of the two houses of the General Assembly, Regular Session of 1871, and referred to the Gen- eral Assembly to be chosen at the next general election. Agreed to by a majority of the members elected to each house of the General Assembly, Special Session of 1872. Submitted to the electors of the State by an act approved January 28, 1873. Ratified by a majority of the electors, at an election held on the 18th day of Feb- ruary, 1873. Declared a part of the Constitution by proclamation of Thomas A. Hendricks, Governor, dated March 7, 1873.] ARTICLE XI. CORPORATIONS. Section 1. The General Assembly shall not have power to establish, or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this Constitution. Sec. 2. E"o bank shall be established otherwise than under a general banking law, except as provided in the fourth section of this article. 394 APPENDIX. Sec. 3. If the General Assembly shall enact a general bank- ing law, such law shall provide for the registry and counter- signing, by an officer of State, of all paper credit designed tc be circulated as money ; and ample collateral security, readil}/ convertible into specie, for the redemption of the same in gold or silver, shall be required ; which collateral security shall be under the control of the proper officer or officers of the State, Sec. 4. The General Assembly may also charter a bank with branches, without collateral security, as required in the preced- ing section. Sec. 5. If the General Assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities, upon all paper credit issued as money. Sec. 6. The stockholders in every bank, or banking com- pany, shall be individually responsible to an amount over and above their stock, equal to their respective shares of stock, foi all debts or liabilities of said bank or banking company. Sec. 7. All bills or notes issued as money shall be, at all times, redeemable in gold or silver; and no law shall be passed, sanctioning, directly or indirectly, the suspension, by any bank or banking company, of specie payments. Sec. 8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other creditors. Sec. 9. 'No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money. Sec. 10. Every bank, or banking company, shall be required to cease all banking operations within twenty years from the time of its organization, and promptly thereafter to close its business. Sec. 11. The General Assembly is not prohibited from in- vesting the trust funds in a bank with branches ; but in case of such investment, the safety of the same shall be guaranteed by unquestionable security. Constitution of the state. 395 Sec. 12. The State shall not be a stockholder in any bank, after the expiration of the present bank charter ; nor shall the credit of the State ever be given, or loaned, in aid of any per- son, association, or corporation, nor shall the State hereafter be- come a stockholder in any corporation or association. Sec. 13. Corporations, other than banking, shall not be cre- ated by special act, but may be formed under general laws. Sec. 14. Dues from corporations, other than banking, shall be secured by such individual liability of the corporators, or other means, as may be prescribed by law. ARTICLE XII. MILITIA. Section 1. The militia shall consist of all able-bodied white male persons between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States, or of this State ; and shall be organized, officered, armed, equipped and trained in such manner as may be provided by law. Sec. 2. The Governor shall appoint the Adjutant, Quarter- master and Commissary Generals. Sec. 3. All militia officers shall be commissioned by the Governor, and shall hold their offices not longer than six years. Sec. 4. The General Assembly shall determine the method of dividing the militia into divisions, brigades, regiments, bat- talions and companies, and fix the rank of all staff officers. Sec. 5. The militia may be divided into classes of sedentary aiid active militia in such manner as shall be prescribed by law. Sec. 6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty ; but such person shall pay an equivalent for exemption ; the amount to be prescribed by law. 396 APPENDIX. ARTICLE XIII. POLITICAL AND MUNICIPAL CORPORATIONS. . Section 1, No political or municipal corporation in this State shall ever become indebted, in any manner or for any purpose, to any amount, in the aggregate exceeding two per centum on the value of taxable property within such corpora- tion, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness, and all bonds or obligations, in excess of such amount, given by such corporations, shall be void : Provided, That in time of war, foreign invasion, or other great public calamity, on peti- tion of a majority of the property owners, in number and value, within 'the limits of such corporation, the public authorities, in their discretion, may incur obligations necessary for the public protection and defense, to such an amount as may be requested in such petition. [The original Article 13 is stricken out and the amendment of March 24, 1881, inserted in lieu thereof.] ARTICLE XIV. BOUNDARIES. Section 1. In order that the boundaries of the State may be known and established, it is hereby ordained and declared, that the State of Indiana is bounded on the east by the me- ridian line which forms the western boundary of the State of Ohio ; on the south by the Ohio River, from the mouth of the Great Miami River to the mouth of the Wabash River; on the west, by a line drawn along the middle of the Wabash River, from its mouth to a point where a due north line, drawn from the town of Vincennes, would last touch the northwestern shore of said Wabash River ; and thence by a due north line, until the same shall intersect an east and west line, drawn through a point ten miles north of the southern extreme of Lake Michigan ; on the north, by said east and west line, until the same shall intersect the first-mentioned meridian line, which forms the western boundary of the State of Ohio. CONSTITUTION OF THE STATE. 397 Sec. 2. The State of Indiana stiall possess jurisdiction, and sovereignty co-extensive with the boundaries declared in the preceding section ; and shall have concurrent jurisdiction, in civil and criminal cases, with the State of Kentucky on the Ohio River, and with the State of Illinois on the Wabash River, so far as said rivers form the common boundary between this State and said States respectively. ARTICLE XY. miscellaneous. Section 1. All officers whose appointment is not otherwise provided for in this Constitution, shall be chosen in such man- ner as now is, or hereafter may be, prescribed by law. Sec. 2. When the duration of any office is not provided for by this Constitution, it may be declared by law ; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the General Assem- bly shall not create any office, the tenure of which shall be longer than four years. Sec 3. Whenever it is provided in this Constitution, or in any law which may be hereafter passed, that any officer, other than a member of the General Assembly, shall hold his office for any given term, the same shall be construed to mean that such officer shall hold his office for such term, and until his successor shall have been elected and qualified. Sec. 4. Every person elected or appointed to any office under this Constitution shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of this State and of the United States, and also an oath of office. Sec 5. There shall be a seal of the State, kept by the Gov- ernor for official purposes, which shall be called the Seal of the State of Indiana. Sec 6. All commissions shall issue in the name of the State, shall be signed by the Governor, sealed by the State Seal, and attested by the Secretary of State. S98 APPENDIX. Sec. 7. ISTo county shall be reduced to an area less than four hundred square miles; nor shall any county under that area be further reduced. Sec. 8. Ko lottery shall be authorized, nor shall the sale of lottery tickets be allowed. Sec. 9. The following grounds owned by the State in In- dianapolis, namely : the State House Square, the Governor's Circle, and so much of outlot numbered one hundred and forty- seven as lies north of the arm of the Central Canal, shall not be sold or leased. Sec. 10. It shall be the duty of the General Assembly to provide for the permanent enclosure and preservation of the Tippecanoe Battle Ground. ^ ARTICLE XVI. amendments. Section 1. Any amendment or amendments to this Consti- tution may be proposed in either branch of the General Assem- bly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals and referred to the Gen- eral Assembly to be chosen at the next general election; and, if in the General Assembly so next chosen, such proposed amendment or amendments shall be agreed to by a majori'ty of all the members elected to each house, then it shain)e the duty of the General Assembly to submit such amendment or amend- ments to the electors of the State, q^nd if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution. Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments sep- arately ; and while such an amendment or amendments which shall have been agreed upon by one General Assembly, shall CONSTITUTION OF THE STATE. 399 be awaiting the action of the succeeding General Assembly, or of the electors, no additional amendment or amendments shall be proposed. SCHEDULE. This Constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the Constitution adopted in the year one thousand eight hundred and sixteen. That no incon- venience may arise from the change in the government, it is hereby ordained as follows : First. All laws now in force, and not inconsistent with this Constitution, shall remain in force until they shall expire or be repealed. Second. All indictments, prosecutions, suits, pleas, plaints and other proceedings pending in any of the Courts, shall be prosecuted to final judgment and execution ; and all appeals, writs of error, certiorari and injunctions shall be carried on in the several Courts, in the same manner as is now provided by law. Third. All fines, penalties and forfeitures, due or accruing to the Stat©, or to any county therein, shall inure to the State, or to such county in the manner prescribed by law. All bonds executed to the State, or to any officer, in his official capacity, shall remain in force, and inure to the use of those concerned. Fourth. All acts of incorporation for municipal purposes shall continue in force under this Constitution, until such time as the General Assenlbly shall, in its discretion, modify or re- peal the same. Fifth. The Governor, at the expiration of the present official term, shall continue to act until his successor shall have been sworn into office. Sixth. There shall be a session of the General Assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one. 400 APPENDIX. Seventh. Senators now in office and holding over, under the existing Constitution, and such as may be elected at the next general election, and the Representatives then elected, shall continue in office until the first general election under this Constitution. Eighth. The first general election under this Constitution shall be held in the year one thoJusand eight hundred and fifty- two. Ninth. The first election for Governor, Lieutenant-Governor, Judges of the Supreme Court and Circuit Courts, Clerk of the Supreme Court, Prosecuting Attorney, Secretary, Auditor, and Treasurer of State, and State Superintendent of Public Instruc- tion, under this Constitution, shall be held afthe general elec- tion in the year one thousand eight hundred and fifty-two ; and such of said officers as may be in office when this Constitution shall go into effect, shall continue in their respective offices until their successors shall have been elected and qualified. Tenth. Every person elected by popular vote, and now in any office which is continued by this Constitution, and every persoi:i who shall be so elected to any such office before the taking effect of this Constitution (except as in this Constitution other- wise provided), shall continue in office until the term for which such person has been, or may be, elected, shall expire : Provided, That no such person shall continue in office after the taking effect of this Constitution, for a longer period than the term of such office in this Constitution prescribed. Eleventh, On the taking effect of this Constitution, all officers thereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this Constitution. Twelfth. All vacancies that may occur in existing offices prior to the first general election under this Constitution, shall be filled in the manner now prescribed by law. Thirteenth. At the time of submitting this Constitution to the electors for their approval or disapproval, the article num- bered thirteen, in relation to negroes and mulattoes, shall be CONSTITUTION OF THE STATE. 401 submitted as a distinct proposition, in the following form : " Ex- clusion and Colonization of Negroes and Mulattoes," "Aye," or "]^o." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this Consti- tution, otherwise it shall be void and form no part thereof. Fourteenth. ISTo article or section of this Constitution shall be submitted as a distinct proposition to a vote of the electors otherwise than as herein provided. Fifteenth. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form, of the contiguous territory of said counties, a new county, it shall be the duty of those interested in the organization of such new county, to lay off the same by proper metes and bounds of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a general election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the General Assembly to organize the same out of the territory thus designated. Sixteenth. The General Assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects contemplated in granting the same, and the funds belonging to said town shall be applied according to the intention of the grantor. Done in Convention, at Indianapolis, the tenth day of Feb- ruary, in the year of our Lord, one thousand eight hundred and fifty-one, and of the independence of the United States, the seventy-fifth. GEORGE WHITFIELD CARR, President and Delegate from the County of Lawrence. Attest : Wm. H. English, Principal Secretary. Geo. L. Sites, Herman G. Barkwell, Robert M. Evans, Assistant Secretaries. 26— ScH. Law. ADDENDA, The original sections stricken out or amended read as follows : ARTICLE II. SUFFRAGE AND ELECTION. Section 2. In all elections, not otherwise provided for by this Constitution, every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election ; and every white male, of foreign birth of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months immediately pre- ceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside. Sec. 5. No negro or mulatto shall have the right of sufTrage. Sec. 14. All general elections shall be held on the second Tuesday in October. AETICLE IV. LEGISLATIVE. Section 4. The General Assembly shall, at its second session after the adop- tion of this Coustitution, and every six years thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years. Sec. 5. The number of Senators and Representatives shall, at the session next following each period of making such enumeration, be fixed by law, and appor- tioned among the several counties, according to the number of ivhite male inhabi- tants, above twenty-one years of age, in each ; Provided, That the first and second elections of members of the General Assembly, under this Constitution, shall be according to the apportionment last made by the General Assembly, before the adoption of this Constitution. Sec. 22. In relation td fees or salaries. (402) CONSTITUTION OP THE STATE. 403 AETICLE VII. JUDICIAL,. Section 1. The judicial power oi the State shall be vested in a Supreme Court, in Circuit Courts, and in such inferior courts as the General Assembly may establish. ARTICLE XIII. NEGROES AND MTJLATTOES. Section 1. No negro or mulatto shall come into, or settle in, the State, after the adoption of this Constitution. Sec. 2. All contracts made with any negro or mulatto coming into the State, contrary to the provisions of the foregoing section, shall be void; and any person who shall employ such n«gro or mulatto, or otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars. Sec. 3. All fines which may be collected for a violation of the provisions of this article, or of any law which may hereafter bs passed for the purpose of carry- ing the same into execution, shall be set apart and appropriated for the coloniza- tion of such negroes and mulattoes, and their descendants, as may be in the State at the adoption of this Constitution, and may be willing to emigrate. Sec. 4. The General Assembly shall pass laws to carry out the provisions of this article. 404 APPENDIX. INDEX TO CONSTITUTION, 1851. Index to Constitution. Accused, rights of Act to contain but one subject Subject of, to be expressed in title Void only as to subject not embraced in title To be plainly worded and technical words avoided How amended Local or special, when forbidden To be general Vote of majority of all members elected to each House re- qu ired for passage of To be signed by presiding oflScer of each House To be presented to the Governor If objected to by the Governor, to be returned to branch in which it originated May be passed notwithstanding Governor's objections When becomes a law without approval of Governor Not to be presented to Governor within two days next previous to final adjournment Adjournment by either house of the General Assembly not to be for more than three days nor to another place without con- sent of other Adjutant-General to be appointed by the Governor , , „ . . . Affirmation, mode of administering Agricultural improvement to be encouraged Amendments to Constitution, how made . . To be voted upon separately , ■ To laws, how made .„.,-. Apportionment of Senators and Representatives , Appropriation, no money to be drawn from the treasury but in pursuance of Arms, right of people to keep and bear Arrest, when members of General Assembly exempt from Search and seizure, right of, regulated Warrant for, to contain special designation Electors, when exempt from Assessment and taxation to be uniform Attorney at law, who may be Attorney, Prosecuting, to be elected How may be removed Auditor, County — To be elected To hold office four years Not eligible more than eight years in any period of twelve years Qualifications of To reside in county , How removed Vacancy in ofiice of, how filled 12 1 8 16 16 4 4 10 1 4 1 1 2 10 7 7 6 7 6 6 6 6 6 INDEX TO CONSTITUTION. 405 INDEX TO CONSTITUTION— Continued. Index to Constitution. Auditor, State — To be elected To hold office for two years Not eligible for more than four years in any period of six years To reside at the seat of government How removed Vacancy in office of, how filled Bailable, all offenses except murder and treason, shall be Bail, excessive not to be required Ballot, elections by people to be by Banks. See corporations. Bills may originate in either house May be amended or rejected For raising revenue to originate in the House of Representa- tives To be read three times in each house How passed To contain but one subject Subject of, to be expressed in title To be plainly worded Bill of Rights Boundaries of State Bribe, threat or reward to secure an election disqualifies party elected Census of male inhabitants over the age of twenty-one years to be made every six years Challenge to duel disqualifies one to hold office Civil officers, election of, by people, to be by ballot Election of, by General Assembly, to be viva voce Election of, to be biennially, on the first Tuesday after the first Monday in November Clerk of Circuit Court — To be elected by the people of the several counties Term of office Qualifications of .^ Not eligible more than eight years in a period of twelve years. Residence of Impeachment and removal of Clerk of Supreme Court — To be elected by the voters of the State Term of office Commander-in-Chief, Governor to be Commissary Generals to be appointed by Governor Common good, people may consult for Common schools Compensation to be rendered for property taken or services required Conciliation, Courts of, may be established Congress, members of, shall not fill office of Governor or Lieuten- ant-Governor Conservators of the peace, judicial officers are Constitution, how amended , Conviction of crime does not work corruption of blood or forfeiture of estate , 6 1 6 1 6 1 6 5 6 7 5 18 1 17 1 16 2 13 4 17 4 17 4 17 4 18 4 18, 25 4 19 4 19 4 20 1 14 1 2 6 4 4 2 7 2 13 2 13 2 14 6 2 6 2 6 4 6 2 6 6 6 8 7 7 7 7 5 12 12 2 1 31 8 1 1 21 7 19 5 8 7 15 16 1 30 406 APPENt)lX. INDEX TO CONSTITUTION— Continued. Index to Constitution. Convicts, when may be disfranchised Coroners, to be elected by the people of the county. . . . . . Term of office Coroners, Qualifications of Residence of Impeachment of, and removal from office Vacancy in office of, how filled Corporations, banking — To be established under general laws May have branches Notes issued by to be countersigned Notes issued by to be registered Notes issued by, redemption of Notes issued by, preference in payment of Stockholders, liability of State not to be stockholder State may invest trust funds in Corporations, other than banking- — Not to be created by special act Stockholders, liability of Corruption of blood, conviction of crime works not Council may be established to advise concerning pardons. Courts, Circuit — Judicial power vested in State to be divided into judicial circuits. . . One judge for each circuit One judge to be elected by voters of circuit Term of office of judge Judge to reside in circuit Removal of Judge from office Impeachment of .Judge Salary of Judge not to be diminished during term. Ineligibility of Judge Court, Supreme — Judicial power vested in Jurisdiction of Number of Judges of Term of office • State to be divided into districts Judges to be elected by electors of State Ineligibility of Judge Removal of Judge from office Impeachment of Judge Salary of Judge not to be diminished during term. Courts may be established by the General Assembly . . . • To be open Of conciliation may be established , Judges of, ineligible to certain offices County boards may establish asylums County debt not to be assumed by State 2 6 6 6 6 6 6 11 11 11 11 11 11 n 11 11 11 11 1 5 7 7 7 7 7 7 7 6 7 6 7 7 7 7 7 7 7 7 7 6 7 6 7 7 1 7 7 9 10 INDEX TO CONSTITUTION. 407 INDEX TO CONSTITUTION— Continued. Index to Constitution. County not to be divided in apportioning State for senatorial districts County not to subscribe for stock in corporation unless the same is paid for at time of subscription Not to lend credit to corporation Liable for school fund County, size of County officers, election of Crime, rights of person accused of Conviction of does not work corruption of blood or forfeiture of estate Criminal prosecution, style of Trial by jury secured Jury judge of law and fact Debate, freedom of in General Assembly Debt, no imprisonment for Public, certain moneys to be applied oft Public, for what purposes it may be contracted Municipal, amount of limited Declaration of rights Defaulters ineligible to office until money is repaid Departments, legislative, executive and judicial, to be kept sepa- rate Disfranchisement of persons convicted of infamous crime Disorderly behavior. General Assembly may punish member for. . . Districts, senatorial and representative Judicial, number of same as number of Judges of Supreme Court Judicial, for Circuit Court Duel, giving or accepting challenge to fight, renders party ineligible to office Duration of office, not fixed by Constitution Education, General Assembly to encourage Elections, to be free and equal By the people, to be by ballot By the General Assembly, to be viva voce Of Governor and Lieutenant-Governor, to be by plurality of votes Election of civil officers by the people, to be on the first Tuesday after the first Monday in November Electors, when free from arrest Emigration, not to be prohibited Eminent domain Enacting style of laws Equal privileges, all entitled to Equality and natural rights of all men Evidence against self, no one required to give in criminal prosecu- tions Executive department, not to exercise legislative or judiciarpowers Expenses, statement of to be published with laws -E/x post facto laws forbidden Finance Fines, excessive not to be imposed ... 9 6 9 6 8 6 15 7 6 3 1 13 1 30 7 18 1 13 1 19 4 8 1 22 10 2 10 5 13 1 2 10 3 1 2 4 14 4 6 7 3 7 9 2 7 15 2 8 1 2 1 2 13 2 13 5 5 2 14 2 12 1 36 1 21 4 1 1 23 1 1 1 14 3 1 10 4 1 24 10 1 16 408 APPENDIX. INDEX TO CONSTITUTION— Continued. Index to Constitution. Freedom of debate in General Assembly Of speech and of the press Of thought General Assembly to meet biennially Governor may call special sessions of Composed of two Houses Number of members in each House Freedom of debate in To sit with open doors When session may be in secret General Assembly may establish courts May confer upon County Boards powers of a local administra- tive character May by Governor be convened at places other than the seat of government Neither house shall, without the consent of the other, adjourn for more than three days, nor to another place State officers may be removed upon joint resolution of To elect Governor and Lieutenant-Governor when people fail to elect Election by, limited to what persons Not to grant titles of nobility nor confer hereditary distinc- tions Not to prohibit emigration Pay of members of Regular session of, length of limited Special session of, length of limited ■. Members of ineligible to certain offices Quorum of Less than a quorum may adjourn and may compel attendance of absent members To invest common school fund To provide for uniform and equal rate of assessment and taxa- tion , , May grant pardon for treason , Each house of judge of election, qualification and return of its members Each house to have all powers necessary for a branch of the legislative department of a free and independent State Governor — To be elected every four years Term of office Elected by plurality vote Not eligible more than four years in any period of eight years. Qualifications Who may not be Term of office, when it begins Election of, determined by General Assembly When elected, by General Assembly Commander-in-Chief To appoint Adjutant, Quartermaster and Commissary Generals. Veto power of ,. » , , Vacancy in office of „...,,,,.....,,,.. 10 5 5 5 5 5 5 5 5 5 5 5 12 5 5 INDEX TO CONSTITUTION. 409 INDEX TO CONSTITUTION— Continued. Index to Constitution. Governor — Continued. To give General Assembly information May require information in writing from officers of administra- tive departments - To appoint officers to fill vacancies To grant pardons and reprieves • • To grant pardon only with consent of counsel, when To issue writs of election to fill vacancy in General Assembly . During term, ineligible for other office To sign all commissions To keep State seal Grand Jury system may be modified or abolished Habeas corpus, privileges of writ of, not to be suspended except... . Hereditary distinctions not to be conferred House of Representatives — Members of, may be instructed by the people Qualifications of members Number of members Members of, when exempt from arrest Members of, when exempt from civil process Bills for raising revenue, to originate in Not to adjourn for more than three days, nor to another place without consent of Senate Quorum of Less than a quorum may adjourn and may compel attendance of absent members To choose its officers and establish rules Judge of, the election and qualifications of its members May punish or expel its members May punish for contempt Privileges of members Election of members of Impeachment of State officers by Shall keep and publish journal Member of, may have protest entered on journal Election by, of civil officers to be viva voce Pay of members Returns of vote for Governor and Lieutenant-Governor to be made to House of Refuge Impeachment of State officers Trial in case of Of county, township, town and city officers Imprisonment for debt prohibited Incompatible offices Infamous crime, person convicted of, may be disfranchised and ren- dered ineligible for office Inhabitants, census of male Insane, institutions for Institutions for insane Instructing of representatives Jeopardy, no person to be twice put in 13 5 15 5 18 5 17 5 17 5 19 5 24 15 6 15 5 7 17 1 27 1 35 1 31 4 7 4 2 4 8 4 8 4 17 4 10 4 11 4 11 4 10 4 10 4 14 4 15 4 8 2 14 6 7 4 12 4 26 2 13 4 29 5 4 9 2 6 7, 8 6 7 6 8 1 22 2 9 5 8 2 8 4 4 9 1 9 1 1 31 1 14 410 Appendix. INDEX TO CONSTITUTION— Continued. Index to Constitution. Joint resolutions, how passed and authenticated Governor may remove State officers upon Journal, each house to keep and publish Protest of member of General Assembly may be entered on . . Veto of Governor to be entered on Judges during^ term for which they are elected not eligible to any office other than judicial How removed from office Special Judges of Circuit Courts to be elected by people of district Term of office To reside in district To be paid a fixed salary Number of, determined by General Assembly Judges of Supreme Court, number of Term of office Judges of Supreme Court to be elected by people To reside in judicial district To be paid a fixed salary Judicial Department, not to exercise legislative or executive powers Jurisdiction of State , Jury, trial by, secured in criminal cases Trial by, in civil cases In criminal cases, judges of the law and of the facts Justices of the Peace, to be elected Juvenile offenders Law, every statute a public, unless Jury, judges of, in criminal cases Laws, for injury to persons, property, or reputation, to have remedy in Power of suspension, only in General Assembly Ex post facto prohibited Local and special forbidden To take effect as provided in Constitution When to take effect Revision of Lawyer, who may become Legislative department not to exercise executive or judicial power. Legislative power, General Assembly has •. Libel, in prosecutions for, truth a justification Liberty of the press Literature and science to be encouraged Lieutenant-Governor — To be elected quadrennially Time of election Elected by plurality vote Term of office When term begins Qualifications Who may not be .... , Election of determined by General Assembly When to be elected by General Assembly 7 7 7 7 7 7 7 7 7 7 7 3 14 1 1 1 7 9 4 1 1 1 1 4 1 4 7 7 3 4 1 1 8 5 5 5 5 5 5 5 5 5 INDEX TO CONSTITUTION. 411 INDEX TO CONSTITUTION— Continued. Index to Constitution. Lieutenant-Governor — Continued. President of the Senate When may vote Pay of Ineligible for other offices Becomes Governor on vacancy in office of Governor Vacancy i n office of How removed from office .' Local and special laws prohibited Lotteries prohibited Magistrates and courts not to demand excessive bail, nor to im- pose excessive fines nor inflict cruel and unusual punish- ments Men created equal Militia, of whom composed Governor Commander-in-Chief Governor to appoint certain officers All officers of to be commissioned by Governor Term of office of officers of Divisions of Sedentary and active What persons exempt from duty Subordinate to civil po¥/er Moneys not to be drawn from treasury for benefit of religious or theological institutions Murder and treason, when bailable Municipal debt not to be assumed by State Naval forces. Governor Commander-in-Chief of Oaths and affirmations, how administered Of office Offenses and crimes, prosecutions for, regulated Office of trust, certain persons not to hold Offices, plurality of, piohibited in certain cases Officers, commissions of Office, term of, when not fixed by Constitution Officers holding over Administrative, to be elected Judicial, to be elected Executive, to be elected Legislative, to be elected Pardon, Governor may grant Consent of Council required, when In cases of treason General Assembly may grant Passage of bills Penal code based on reformation People have right to keep and bear arms Have right to assemble and consult for common good Have right to instruct Representatives Have right to petition for redress of grievances Have right to remedy for wrongs done Person, property and reputation, for injury to people shall have remedy , .,.,..,.,..,,.,,...,...... 5 21 5 21 5 22 5 24 5 10 5 10 6 7 4 22 15 8 1 16 1 1 12 1 5 12 12 2 12 3 12 8 12 4 12 5 12 6 1 33 1 6 1 17 10 6 5 12 1 8 15 4 1 13-19 2 6-10 2 9 12 3 15 6 15 2 15 3 6 1 7 3, 9 5 3 4 2 5 17 5 17 5 17 4 25 18 32 31 31 31 12 12 412 APPENDIX. INDEX TO CONSTITUTION— Continued. Index to Constitution. Persons in custody not to be treated with unnecessary rigor Petition, right of Plurality of offices Plurality of votes, Governor and Lieutenant-Governor elected by . . Power inherent in the people Power of each house of General Assembly Press, liberty of '. Private property taken for public use, compensation to be made for Prosecutions for crimes and offenses regulated Pro tempore appointment to office Protest, member of General Assembly may enter on Journal Public grounds certain not to be sold or leased Public Instruction, Superintendent of Publication of statutes . . Punishments cruel and unusual not to be inflicted Qualifications — Of a voter Of Governor Of Lieutenant-Governor Of Senators Of Representatives Of county officers Each house judge as to, of members Quorum — Of Senate _ Of House of Eepresentatives Of Supreme Court Receipts and expenses, statement of to be published with laws Recorder, County — To be elected by voters of county Time of election Term of office four years Not eligible for more than eight years in any period of twelve years Qualifications of Residence of Impeachment of How removed from office Vacancy in office of, how filled Reformation basis of penal code Registration of voters Religious sect or denomination, no subordination of one to another. , Religious worship, national right to all men Opinion free to all Test none as a qualification for office Religious institutions not to be aided with public moneys Remedies by recourse to the law to be free, complete and prompt . . Representatives — Number of -. Qualifications of Term of office of Apportionment of Privileges of 1 1 2 5 1 4 1 1 1. 2 4 15 8 4 1 2 5 5 4 4 6 4 4 4 7 10 _ 6 6 6 6 6 6 6 6 6 1 2 ] 1 1 1 1 1 4 4 4 4 4 INDEX TO CONSTITUTION. 413 INDEX TO CONSTITUTION— Continued. Index to Constitution. Eesidence not acquired by soldiers, seamen and marines in the army or navy of the United States by being stationed within State, Necessary qualification for voter Sailors, soldiers and marines in the army or navy of the United States do not acquire a residence by being stationed within the State and can not vote Salaries of judges of supreme and circuit courts not to be dimin- ished during term Schools, common School fund , County liable for Seal, State, to be kept by Governor Seamen. See Soldiers. Search, seizure and arrest, right of regulated Secretary of State — To be elected by the people To hold office for two years Not eligible for more than four years in any period of six years. To reside at seat of government How removed from office . . . Vacancy in office of, how filled To attest all commissions Senate, number of members of To be elected Time of election Qualification of members of When members of, are privileged from arrest Not to adjourn for more than three days nor to another place without consent of House Quorum of To establish rules and choose officers Judge of election and qualification of members May punish or expel members May punish for contempt Shall try impeachments by the House Vacancies, how filled Apportionment of members Lieutenant-Governor, president of President pro tern, of . .j Shall keep and publish journal Members of, may have protest entered on journal Services, when particular are required by State — Compensation to be made Sheriff to be elected Term of office Not eligible more than four years in any period of six years . . Qualifications of Kesidence of '. How removed from office Vacancy -in office of, how filled Slavery prohibited , 2 2 3 2 2 3 7 13 8 1 8 2 8 6 15 5 1 11 6 1 6 1 6 1 6 5 6 7 5 18 15 6 4 2 4 3 2 14 4 7 4 8 4 10 4 11 4 10 4 10 4 14 4 15 6 7 5 19 4 5 5 21 5 11 4 12 4 26 1 21 6 2 6 2 6 2 6 4 6 6 6 8 6 9 1 37 414 APPENDIX. INDEX TO CONSTITUTION— Continued. Index to Constitution. Soldier, in time of peace, not to be quartered in any house without consent of owner, nor in time of war but in mannel" pre- scribed by law , Soldiers, seamen and marines in the army or navy of the United States do not gain residence in State by being stationed therein and can not vote Special acts, when prohibited Speech, freedom of State — Provisions may be made for suits against Not to assume municipal indebtedness nor debt of corporation. Shall not pay indebtedness of Wabash and Erie Canal Boundaries of Jurisdiction of State institutions — For deaf and dumb For insane For juvenile ofTenders County asylums , State seal to be kept by Governor Statement of receipts and expenses to.be published with laws. ... Statutes are public laws When to take effect Superintendent of Public Instruction Supreme Court — Number of Judges To be elected by people Jurisdiction of '. Salaries of Judges to be fixed Quorum of Eemoval of Judges from office Removal of Judges from office Judicial districts Decisions to be in writing Decisions of, to be printed Clerk of, to be elected Term of olfice , Duties Surveyor, County, to be elected by voters of county Time of election Term of office, two years Qualification of Kesidence of Impeachment of , How removed from office Vacancy in office of, how filled Suspension of laws Of writ of habeas corpus Taxation to be uniform and equal What property may be exempted from Test, no religious, required for office Theological institution not to be aided by State ,..,,., 34 2 3 4 22-24 1 9 4 24 10 6 10 7 14 1 14 2 9 1 9 1 9 2 9 3 15 5 10 4 4 27 4 28 1 25 8 8 7 2 7 3 7 4 7 13 7 2 6 7 7 12 7 3 7 5 7 6 7 7 7 7 7 7 6 2 6 2 6 2 6 4 6 6 6 8 6 8 8 9 1 26 1 27 10 1 10 1 1 5 1 6 INDEX DO CONSTITUTION. INDEX TO CONSTITUTION— Continued. 415 Index to Constitution Tippecanoe battle-ground Title of nobility not to be granted Town and township ofRcers, how impeached Town and township officers, how removed Town and township offices, vacancies in, how filled Township officers, election of Treason defined Trial for regulated When bailable General Assembly may grant pardon for Treasurer, County — To be elected by votes of county Time of the election Term of office ; • ■. Not eligible more than four years in any period of. six years. Qualifications of Residence of Impeachment of How removed from office Vacancy in office of, how filled Treasurer, State — To be elected by the voters of the State Term of office, two years Duties of ;■■,•■■■■ Not eligible more than four years in any period of six years . May be impeached _ . May be removed on joint resolution Vacancy in office of, how filled Residence of Trial by jury, right to in civil cases secured Eight to in criminal cases secured Vacancy — In the office of Governor In the office of Lieutenant-Governor In the office of Senator or Representative In a judicial office In the office of any other State officer In county, township and town office Veto power of Governor Voters, registration of Qualifications of When soldiers, seamen and marines are not When exempted from arrest Wabash and Erie Capal, debts of, not to h.e paid by State Witness not incompetent by reason of religious opinions To meet accused face to face ._ _• • • • • In criminal cases one not obliged to be against himself ..... Worship, people to be secured in right to Yeas and nays, vote by — When may be ordered on motion to adjourn When may be ordered generally Required on final vote on passage of bill or joint resolution.. 15 10 1 35 6 8 6 8 6 9 6 3 1 28 1 29 1 17 5 17 6 2 6 ■ 2 6 2 6 2 6 4 6 6 6 8 6 8 6 9 6 1 6 1 6 1 6 1 6 7 6 7 5 18 6 5 1 20 1 13 5 10 5 10 5 19 5 18 5 18 6 9 5 14 2 2, 14 2 2 2 3 2 12 10 7 1 7 1 13 1 14 1 2 4 12 4 12 4 18 ADDENDUM. [1865, p. 1. Approved and in force March 6, 1865.] 650. Voters at school meetings. 15. Any person who is a voter at township elections, and has no chiklren in charge be- tween the ages of six and twenty-one years, by making aj)pli- cation to the Trustee of his township wliile the enumeration is being made, and by indicating to said Trustee his selection of the school to which he desires to be attached, may have his name listed by said Trustee on the enumeration list, and be attached to the school selected, and thus become entitled to the privileges of said school, and be a voter at its school meetings. Such persons, together with the parents, guardians and heads of families mentioned in section fourteen, and the persons trans- ferred from other townships and attached to said school, as pro- vided in sections fourteen and sixteen of this act, shall be the oniy persons entitled to vote at the meetings of the school so selected, and all other persons shall be excluded from voting at such meetings. 1. Note. In Carnahan i;. State, 155 Ind. 156, the Supreme Court intimates that the above section is still in force, and calls attention to the fact that it has been omitted from all the revisions of the statutes of this State made since 1870. 2. Section 14, referred to, is the section that preceded section 141 of this revision of the school law, and which takes the place of section 14; and section 16 is the section that preceded section 142, and which takes its place. [1899, p. 240. Approved and in force March 3, 1899.] 651. Traffic in examination questions. 10. That whoso- ever shall sell, trade, barter, or give away, or offer to sell, bar- ter or give away to applicants for license, or to any other person ; or whosoever shall buy, purchase, barter or trade for, or accept as donee, the questions prepared by the State Board of Education, to be used by County School Superintendents in the examination of teachers, or in any way dispose of or accept as donee said questions or otherwise, contrary to the rules prescribed by said State Board of Education, shall be deemed guilty of a misde- meanor, and on conviction shall be. fined in any sum not less than fifty nor more that five hundred dollars " (416) INDEX. ACCOUNTS PAGE. SEC. NOTE. Corrected by County Commissioners . . . , ^ 145 132 Mistake in failure to keep, overpayment 127 .... 4 Neglect to keep, no recovery for overpayment ........ 129 18 Open to inspection 145 130-131 Record of to be kept by Trustee , . . . , 130 106 Trustees must keep , , 126 105 ADVISORY BOARD— Adjournments of 264 346 Annual meetings 266-270 348-353 Attorney fees may pay 268 351 Chairman of 264 346 Duties , 264 346 Election of members 264 346 Estimate of expenditures 266-267 348-349 Power of Board as to 267 349 Financial record ...,.,. 269 352 Meetings 264-270 346-353 Special . . . , 268 351 Members, election ......,..,..,. 264 346 Notice of meetings 266 348 Oath 264 346 May administer to witnesses 270 353 Pay of members 268 350 Of Trustees, determines 273 356 Quorum 264 346 Record, keeps 264 346 School houses, new . 272 355 School supplies 272 355 Settlements by Trustees with 270 353 Failure to make 270 353 Taxes, levies 264 346 Taxpayers may attend 266 347 Hearing have 266 347 Terms of members 264 346 AFFIDAVIT— Failure to give does not render law invalid 300 .... 1 Publishers of school books to furnish 65 27 27— ScH. Law. (417) 418 SCHOOL LAW OF INDIANA. AGE - PAGE. SKC. NOTE. Children (of) subject to comi^ulsory Education Law . . . 260 334 School children 151 141 ALCOHOL— ' Effect on the human system to be taught 205 228 Teachers examined as to effect 206 229 Dismissal for refusing to teach 206 230 ALIENS— When may be elected School Trustee 126 8 APPARATUS— Trustee furnishes 131 108 APPEAL— Dismissal of County Superintendent 93 .... 7 Who serves in meantime 93 .... 7 Examination, teachers may appeal from 97 2 Excluding pupil from school 219 247 Howtaken 219 .... 1 Notice of, in suit brought 255 826 School house Decision on final 208 .... 6 Effectof 208 .... 2,4 Petition for not necessary to authorize 209 1 To County Superintendent — Decision of on local question final 256 327 Director, from 219 247 Location of school house 256 1,2 Notice of hearing 255 326 Record, Trustee refusing to make 257 6 Refusing to decide 257 7 School house, to build, no appeal 256-257 1, 8 Time of 257 328 Transfer , 257 .... 8 Trial before, how conducted 257 .... 3 Trustee, from 256 327 To Superintendent of Public Instruction — Bond for costs necessary . . . : 257 From County Superintendent 105 How taken 105 Trial, how conducted 257 258 Transfers, concerning 156 156 APPORTIONMENT— Amount of revenue apportioned 162 How determined • • • • 162 Congressional township fund 276 328 86 86 1 .... 2, 3,4 3 13 156 3 2 INDEX. 419 APPORTIONMENT— Continued. page. sec. note. County Auditor to township 164 161 Congressional township fund 164 161 How made 164 161 Method valid 165 1 Keport as to ..... 164 161 Kule for making 160 .... 4 Diminished for Trustee's neglect to report 144 127 Distribution to counties 162 158 Dog fund, city entitled to a part 1 67 .... 1 How made 167 2 Town entitled -to a share of 167 1 When made 166 163 Enumeration, retaken, void for 159 149 How made 162 156 Interest on sinking fund 166 162 Liquor license fund 276 2 Law as to constitutional 162 .... 2 Payment to counties 162 158 Printed statement concerning 162 157 Where filed • 162 157 Reports from counties concerning 160 152 Contents of 160 153 Revenue of 56 13 Superintendent of Public Instruction makes 160 151 Revenue (of) makes 160-162 151-156 Tax for school revenue for tuition fund 145 133 Tuition, local, tax, is not 164 161 TJnapportioned balances of revenue 164 160 Warrant for given to County Treasurer 163 159 What funds by County Auditor 276 2 By Superintendent of Public Instruction 276 .... 2 When made 160 151 APPROPRIATIONS— Farmers' Institute, to support 361 621 Normal School, for buildings 321 .... 1 Repealed 363 624 Purdue LTniversity, for, repealed 363 624 School Book Commission, for 72-75-90 39-45-69 State University, for, repealed 363 624 Traveling expenses of Superintendent Public Instruction 57 15 ASSAULT AND BATTERY— What is in punishing pupil 218 .... 3 ATTORNEY FEES— Can not be deducted from school funds 278 .... 4 276 .... 3, 4, 6 County Superintendent, when liable on official bond for. 77 48 SEC. NOTE. 46-60 4 4 3,4,6 36 26 34 420 SCHOOL LAW OP INDIANA. ATTOKNEY FEES- Continued. page. School books, suit concerning , 72-83 School funds, can not be deducted from 54 278 276 Suit on County Superintendent's bond concerning school books : 70 Township not liable for 118 Trustee in suit on official bond concerning school books. 70 ATTORNEY-GENERAL— Sues School Book Contractor on bond, Avhen 90 70 Suit concerning school fund, may bring '. 278 3, 6 auditors- Co unty Auditors, see. AUTHOR— Revises his books, when 85 64 School books, may furnish 65 27 Gift of, may make 65 27 BANK— Deposit of school funds in, liability 116 13 BANK STOCK— Liable to tax levy 147 4 BANK TAX FUND— Common school fund belongs to. 51-275 2-359 BEQUEST— Donations, see. To schools 224 255 BIBLE— Not to be excluded from schools 200 221 Use of, in schools 200 .... 1, 2 BLANKS— Superintendent of Public Instruction, prepare 58 18 BONDS— Appeal from County Superintendent 257 328 Cities may sell 168 164 Donations for school house, to aid 224 255 Interest on, rate of 224 255 Issue of, limited 224 255 Petition for issuance of 224 256 Recording 224 256 Registering 224 256 Sale of bonds 225 267 Vote necessary to authorize issuance 224 255 Majority of, what is 224 256 INDEX. 421 BONDS— Continued. page. Library for, issued by School Commissioners 239 Denomination 239 Interest, rate of 239 Limit 239 Renewal of forbidden 239 Tax to pay 240 School Commissioners may issue 178 179 Interest on, rate of 178 179 Limit of issue 178 179 School house to complete 168 Denominations on 168 Interest on 168 Leave to issue, who grants 168 Limit of amount 168 Petition to secure issuance 168 Tax to pay 170 Application of 170 Limit of 170 School house, conditions authorizing issuance of 168 169 House, where located 169 Law authorizing valid 169 Tax for, must levy 171 School house, to complete, enjoining issuance of 169 Use of proceeds 170 Bond to secure 170 State University, non-negotiable, issued to 326 Surplus special revenue paid on 141 Payments heretofore legalized 142 Taxation to pay 170 Towns may sell , 168 129 Townships may issue, when 224-225 129 Transfers liable for tax to pay 170 BONDS, OFFICIAL— Borrowed money, when does not cover 124 City School Trustees give 119 Amount 119 Approval 119 Treasurer of Board gives 119 Amount 119 County Superintendent gives 91 Additional, concerning school books 70 Liability on 70 SEC. 289 289 289 289 289 290 177 178 177 178 177 178 164 164 164 164 164 164 166 166 166 164 165 165 487 123 124 166 164 255-257 166 100 100 100 100 100 73 35 36 11 11 422 SCHOOL LAW OF INDIANA. BONDS, OFFICIAL— Continued. page. sec. note. Obligation of 70 35 Eemoval for neglecting to file 70 35 94 .... 19 Amount of ... r *. 91 73 Approved by County Auditor 91 73 Surety to be freeholder 91 73 Damages, ten per cent, added in suit on 126 12 Defects in, officer can not deny liability on 130 .... 21 Extent of liability 126 .... 11, 13 Overpayments by Township Trustees, set off 126 .... 7 School books, bond on revision 89 68 Contractor of, new, when gives 90 70 Neglect to give 90 70 Suit on, for sales of books 70 34 Trustee liable for sales, on 76 46 Trustee's 124 104 Amount of 124 104 Failure to report, liable on 144 127 Loss of funds, liable on for 127 .... 2 Neglect of duty 144 128 127 .... 4 School books, liable for_, on , 68 32 73 42 76 46 Attorney fees, covers 83 60 Judgment on, kind 83 60 Neglect as to 83 60 Township Trustee's, covers both civil and school township 126 .... 13 Woman, married, can give 259 331 BOOKS— Corrected by County Commissioners 145 132 County Superintendent delivers to successor 100 80 Delivering of to successor, secured by mandate 121 .... 12 128 .... 5 Inspecting, public may 131 .... 2 School books, see Trustee's, open to inspection 145 130-131 BOOKKEEPING— Forms and modes of, who prescribe 58 19 BOONVILLE— Bonds, may issue 170 .... 8 BOEKOWING MONEY— Funds on hand, none can be borrowed 116 .... 14 Powers of Township Trustee as to 115 10 INDEX. 423 BORROWING SCHOOL FUND— page. sec. note. County Auditor can not 295 3 282 .... 1, 2 But if he does, he is liable to refund 30^2 . » . . 2 Fund, see. BEANCHES TAUGHT Additional, when must be 204 227 204 .... 1 Alcohol, its effect 205 228 German, when must be 204 227 205 .... 6 Latin, when may be 204 1 Music, may be 205 .... 3 Narcotics, its effects 205 228 Voters of school district determine 207 232 BRIBERY— What is, as to school officer 1S6 .... 24 CALENDAR- Defined. 202 223 certificate- Loss of, new one issued 292 .... 1 CHILDREN— Pupils, see. CITY— Boards, see. County Superintendent has no control over 105 86 106 .... 3 107 88 County Seminary can not purchase 169 7 District school meeting does not have 207 1,4 Dog Fund, entitled to a part of 167 1 Forty-five to fifty-five thousand population 197-199 215-219 Joint graded schools in 137 112 Library, see. Name US 1 Pupils outside admitted 170 166 Revenue, interest in surplus 141 123 School city, see. School Commissioners, see. School corporation is 118 99 School house, see. Can not pay for out of general fund 142 1 School Trustees, bonds give 119 100 Election 119 100 When held 119 100 120 .... 2 424 SCHOOL LAW OF INDIANA. CITY— Continued. page. Failing to report, fined 144 Lucrative, ofiice is 121 Meetings of 119 Oaths 119 Organization of 119 Pay of. 119 How made 119 President of Board 119 Reorganization of Board, when 119 Eesignations of 120 School Board become 119 Secretary of 119 Terms of 119 Treasurer of 119 Bond of 119 Vacancy in ofiice of 119 Suit, may bring 118 Cost of, when not recoverable 255 How brings 255 255 Superintendent for, may employ 137 Duties 137 Salary of, how paid 137 Truant ofiicers, duties as to 261 CITY CLERK— A School Trustee may be 122 CIVIL TOWNSHIP— Bond of Township Trustee, may sue on 115 Contracts as to schools, can not make 114 Intent to bind for school debt 115 Devise to, when goes to school township 115 Name, Courts will not take notice of 118 Presumption from use of 115 School house, can not build 115 School tax, not liable for 115 Townships, see. COLORED CHILDREN— Enumeration of 151 155 Law as to, constitutional 202 Normal school admitted to 322 Purdue University admitted to ^ 356 Separate schools provided for 51 202 Higher grade for 202 State University, admitted to 333 Trustees can not be compelled to provide separate schools for 202 SEC. NOTE. 127 6 100 100 100 100 100 100 100 3 100 100 100 100 100 100 99 325 324 .... 1,2 111 111 111 336 20 4 1 2 3 18 6 5 9 141 7 1,3 3 3 5 224 216 INDEX. 425 COMMISSIONERS— page. sec. note.. School Commissioners, see. COMMON COUNCIL— Office of, not lucrative 122 16 School Trustee elect 119 100 When 119 100 COMMON SCHOOL FUND— Fund, see. vi COMPLAINT— Effect of amendment on statute of limitation 118 17 COMPULSORY EDUCATION LAW— Age of children subject to 260 334 Attendance on private schools sufficient 260 334 Blanks for 264 344 City appoints truant officers 261 336 Confirmed truant 263 341 Maintenance 263 341 Custodian of child liable to fine for disobeying 260 335 Enumeration of children 263 343 Exempt from, when child is 260 334 Guardian liable to fine for disobeying 260 335 Incorrigible 263 340 Names furnished truant officer 264 344 Notice to parent 260 335 Parent of child liable to fine for disobeying 260 335 Parental home 263 340 Poor children assisted 262 339 List of those aided 262 339 Payment for, how made 262 339 Postage 264 344 Tax to support 263 342 Town appoints 261 337 Truant officer, appointment 260 335 261 336 City or town, for 261 336 County, for 260 335 Duties 260 335 Notify custodian of child as to truancy 260 335 Pay for ' 261 337 Reports 262 338 Term of 260 335 W^hat children must attend 260 334 CONGRESSIONAL TOWNSHIPS— Boundaries of 281 366 Enumeration of, who takes in different townships 159 150 426 SCHOOL LAAV OF INDIANA. COJn'GEESSIONAL townships— Continued. page. Fund, belongs to schools 51 275 Consolidation of void 51 Interest on, no deductions from 54 What is 275 Lands of 279-281 Civil township, has charge of 131 Drain, cost of, not taxable for 284 Eevenue, of apportionment of 164 CONSIDERATION— Township orders must have to be valid 117 CONSTITUTION— Provisions with respect to schools , 50-54 CONTAGIOUS DISEASES— Does not deprive teacher of his right to his salary 135 Epidemics, see. CONTRACT— Abolition of school does not effect teacher's 123 Blank in teachers, filling up by oral evidence 211 Breaches of teacher's, township liable for 211 - Civil township can not make for school township 114 Intention to bind, considered 115 Def acto Trustees may make 118 122 123 214 Furniture for, valid 133 How made 114 115 133 Illegal design of Trustee does not avoid 123 Injunction to prevent execution of 216- Interest of Trustee in avoids 133 Penalty as to 133 Majority of Board of Trustees must make 123 Notice of power of Trustee to make, must be taken .... 119 116 Old school board's binding on new board 121 Ratification of, how done 122 School township may make 114 School Trustees, act as a unit in making 121 Showing as to, what necessary to bind township 281 Signing 123 SEC. NOTE. 359 359 363-365 108 161 16 19 98 32 2, 3 2 1 2 19 28 35 11 10, 12 1 2 13 34 15 13 13 33 10 11 11 20 14 4 31 INDEX. 427 CONTRACT— Continued. page. Teacher, makes with toAvnsliip 132 Can not be contrary to the law 214 Verbal, not valid 132 When can not make 132 Township, what bound by 116 Trustee can not contract with himself 132 CONTRACTOR School books, see. Number needed, notified as to 68 32 Report to, concerning number sold 70 36 CONVERSION— Revenue for schools, what is a conversion of 127 .... CORPORATIONS- Civil and school are different 118 .... 119 Each municipal corporation is a school corporation, .. . 118 Incorporating a town, school property within belongsto. 118 Name of . 118 Suit against, how sued 118 May bring 118 COUNTY— Common School Fund not demanding 53 Liable for 52 Receives 52 Interest, liable for 287 No deductions from 54 Reimbursing for interest paid 289 Rents of. Congressional Township Fund liable for .... 53 Suits for, how brought 53 To whom belongs 53 School house, can not build 228 Settlement as to school fund no bar to suit 54 COUNTY AUDITOR— Account of School Trustees, examines 145 Apportionment of school revenue, makes 164 Penalty for neglect as to 164 Bond of County Superintendent approved 91 91 Books of exanained by Superintendent of Public In- struction 56 Bookkeeping, forms for provides 58 Borrowing, school fund can not 282 .... City vSchool Trustees' bonds ajiproved 119 100 Congressional Township Fund, duties as to 279 363 282-283 368-372 99 99 5 4 4 131 161 161 12 19 NOTE. 6 9 6 7 11 5 19 1,2 428 SCHOOL LAW OF INDIANA. COUNTY AUDITOR- Continued. page. Deeds for school land, makes 292 293 Election of County Superintendent, clerk of Board of . . 91 91 Casting vote gives 91 91 Declaring who elected, can not 91 Eeports to Superintendent of Public Instruction . . 91 Enumeration of children of Congressional township, divided 109 Fees concerning school lands must be paid by county . . 284 For posting notices as to 307 School lands, sales of 290 State University lands, sales of 350 Foreclosure of School Fund mortgage, may make 307 Judgment on 307 Irregularities of does not invalidate loan 300 Knowledge of prior mortgage does not invalidate scliool mortgage 295 Loan to himself, can not make 295 But mortgage valid 302 Penalty for neglect to report amount of revenue 161 Proceeds of sales of school section, manages 279 Beport by not conclusive 52 School Fund, condition of 316 Distribution of 319 School revenue 160-161 Penalty for not making 161 State University lands, sales of 350 To Superintendent of Public Instruction 58 Revenue, amount of reports 160 Contents of 160 School Funds — Accounts, keeps 278 282-283 318 Condition of reports 283 Distribution of 282 319 Eeports of . 319 Penalty for not making 319 Loans of, makes 295 Acknowledgment takes 302 Oaths, administers 302 Realty mortgaged for 295 Appraisement of 295 Indemnifying bond 299 Interest unpaid 303 SEC. NOTE. 401 403 73 73 73 91 393 586 155 459 465,466 152-154 155 586 17 152 153 352 369-372 464 371 370 465 465 466 410 428 428 410 411 424 432 INDEX. COUNTY AUDITOR— Continued. page. sec. Mortgage as to • 304-306 434-436 Eeeordof 302 429-430 Suit against to cancel 30o .... Salesof.., ^..... 306 436 307-311 440-444 Bids on 310 Deeds under 312-313 447-449 Satisfaction of - 307 V/arrants for School Lands — Certificate of purchase. ■ 289 292 400-401 Assignmentof 290 394 Deedfor 292 401 293 403 Purchase money, payment of 293 405 Refunding of 293 405 429 439 306 437 391 Sales of. 597 160 152 153 100 11 285 380 287 382 288 386 292 402 293 404 294 406 Sales of, fees for 285 380 Ho\¥ paid - 284 Suit for iirst payment 290 392 For waste 288 385 School revenue, reports as to 301-302 427-429 Penalty for not making 302 430 School Trustees, accounts inspects 290 393 Special school tax levy, places on tax duplicate. . . 147 148 136 State University, sale of lands 350 586 Fund of, manages • - 353 Tax, reports to Superintendent of Public Instruc tion Contents of report 160 153 Town Trustees, bonds approved 119 Trustee, appoints to vacancy 124 104 Law concerning repealed 124 o Reports to Superintendent of Public Instruction . . 124 104 What funds apportions "'" COUNTY BOARD OF EDUCATION— Contracts can not make 112 • ■ • • 111 2 Course of study adopts • • ^^^ ••" 113 .... 11 County Superintendent president of HI ^7 Duties, generally HI ^^ SEC. NOTB. 97 97 O 7-8 97 97 97 97 2 . . . . 2 2 97 97 4 4 97 97 97 430 SCHOOL LAW OF INDIANA. COUNTY BOAED OF EDUCATION-Continued. page. Formation of Ill Furniture for school, duty as to Ill Holidays, illegal rule as to 112 Illegal rulings as to licenses 112 Meetings, semi-annually Ill ^ Powers of Ill President of, who is Ill Pro tempore Ill Quorum Ill 111 Eecord of proceedings kept 112 Kules may adopt 112 School matters in charge of Ill Text-books, changing Ill Law as to repealed 112 Except as to High School 112 Township libraries regulates Ill Trustee member of Ill Who compose , Ill COUNTY CLEEK— Eeports to Superintendent of Public Instruction. ..... , 58 17 COUNTY COMMISSIONEES— Appeal from decision dismissing County Superintendent 85 .... 7 Who serves in the meantime 85 .... 7 Auditing Board, .see. Books and accounts of trustee corrects. 145 132 127 .... 1 Witnesses concerning may call 145 132 County Auditor's report of examines 317 460 County Superintendent may remove 84 73 At special session 86 .... 20 County Treasurer's report of examines 317 460 Deficit in school fund makes up 278 2-5 Eeport of School Trustee approved 126 105 Efi'ect of 126 105 Filed with County Auditor 126 105 Eeport as to school fund 317 461 Trustee's accounts, may inspect 317 460 May remove, when 145 132 Vacancy in Township? Trustee's office, fills 259 333 COUNTY INSTITUTES— Institute, see. COUNTY SEMINAEY FUND— Common school fund belongs to 51-275 2-359 INDEX. 431 COUNTY SUPEKINTENDENT— page. Advice of, no defense 127_^ Appeals from 105 How taken 105 Appointment of 91 Apportionment of school revenue, makes 108 Basis 109 Duty as to 92 Bond, official, gives 91 Amount of 91 Approval, County Auditor does 91 94 Failure to give, eflfect 94 Special, gives concerning school books 70-76 Obligation of 70-77 Kemoval for neglect to give 70 Surety must be a freeholder 91 Books, delivers to successor 100 Of accounts of Trustee inspects 145 Witnesses as to may call 145 Care and oversight of schools, has 106 Changing site of school house, or on petition 211 City exempt from authority of 105-107 106 County Board of Education, president of Ill County Institute, holds 230 Course of study, when controls 106 Damages, when liable for 98 Decision, recording 105 Defacto officer, who is 93 Discretion of can not be controlled 98 Dismissal of, appeal to Circuit Court as to 93 Cause for 91 Notice as to 91 Petition for 91 Trial for 91 Who serves when ajjpeal has been taken 93 Docket examined 110 Duties, generally 105 Election of, adjournment of without making 91 Acquiescing in 93 Ballots, using 93 Testimony as to on contest 93 Biennially held 91 Casting vote. Auditor gives 91 91 Clerk of. Auditor is 91 How held 91 Mandamus to compel 92 86 86 73 90 92 73 73 35-47 35-48 35 73 80 131 131 236 86-88 97 267 73 73 73 93 86 73 73 73 73 19 19 3 12 11 11 432 SCHOOL LAW OF INDIANA. COUNTY SUPEEINTENDENT— Continued. page. Mode of 92 Questioning regularity of 94 Quorum of Trustees, what is 92 Quo warranto to test 93 Sale of liquors during , 94 Trustees elect 91 Trustee can not vote for himself 94 Incompetent to serve, effect 94 Votes, number necessary 94 Eligible to office, who is 93 94 Embezzlement as to school books 71-77-83 Enumeration by, when takes 106-107 Duty as to . . .' 159 Failure to report, penalty 107 How paid for making 106 Eeport of examiner 159 Eetakes, when 159 Pay for 159 Suit against Trustee, as to, brings 106 Examination of teachers, conducts 95 Private, can not hold 100 When holds 100. Funds for schools, may sue for, when 110 Impeachment 95 Interest on fund, duty as to deficit 109 Percentage, not paid to 109 Judicial office, is not 94 Liability for acts 99 106 Liability against, what is 112 License, see. Must have 94 Kevocation of 99 Cause for 99 99 Effect 99 Malicious act, liable for 98 Mandamus to compel delivery of records 93 To makeireport , 108 Medium for school communications 105 Oaths • 91 Office, county required to provide for 95 Opinions on school matters, gives 105 Pay of, amount ; . . 109 110 How allowed 109 How paid 109 73 74 38-49-61 87-89 149 149 149 149 87 77 79 93 75 92 92 77 87 74 97 97 97 93 86 73 76 86 91 91 91 NOTE. 4 15 2 6 22 16, 17 21 18 5 23 11 5 13 SEC. NOTB. 91 91 94 85 80 2 1 INDEX. 4B3 COUNTY SUPERINTENDENT-Continued. ' page. Limit of 109 Statistics, reporting 110 Perquisites, not entitled to 109 Private school, interest in 110 Pupils, examines 104 Record of proceeding, keeps 100 Decisions, failing to enter in 105 Parol evidence to prove contents 105 Removal for failure to give bond 70 35 Dismissal, see. Report, annually makes to Superintendent of Public Instruction 107 89 Basis for revenue distribution 108 90 Contents 107 89 When makes 58 17 School Trustees tiled with 126 105 Statistical information of, makes 107 89 To Board of County Commissioners 110 93 To school book contractor 77 48 Resignation, acceptance 93 .... 14 Rules for schools, may adopt 122 23 School books damaged, notice of gives 78 51 Duty as to price, marks on 79 52 Laws as to circulate 79-90 53-71 Liable for sales of on official bond 70 36 Money for sales of receives 69 33 Notifies Trustee of receipt 68 32 Number needed, certifies to 68 32 Purchases from 68 32 Requisition for, scales down 73-85 41-64 Revision of, notice gives to Trustees 85 64 Sales, reports to contractor 83 59 Cash to accompany 83 59 Contents of reports 83 59 Duplicate, files in Auditor's offices 83 59 Suit for sales, brings, when 70 34 Unsold orders returned to contractor 73 42 Credit for , 73 42 J'reight on, who pays 73 42 Schools, supervises 105 86 School Examiner, office of abolished 91 73 School fund, duty as to 110 93 School house, decision as to final 257 .... 4 Can not locate 169 2,4 State Board of Education obeys 105 86 State license, duty as to 101 81 Statistics, furnishes 107 89 28— ScH. Law. 434 SCHOOL LAW OF INDIANA. COUNTY- SUPERmTENDENT- Continued. page. Suit against Township Trustee, may bring 107 School books, as to 76 When brings 110 Teachers, see. Teachers Institute encourages 105 Term of office 91 85 Township Institutes, attends. 105 Townsliip Trustees, elect 91 Transfers, reports to County Auditor 148 Trustees' accounts, inspects 145 Vacancy in office, how filled 91 Term of 91 Vacates office by neglect 70-76 Visits schools 105 106 Witness, competent as to enumeration 106 COUNTY TEEASUEER— Incoming entitled to revenues 123 Report as to school fund 316 58 To School Commissioners 238 School lands, statement as to sales for 313 School revenue for State, collects 304 State University, reports to Trustees of 350 Sales of lands, reports 350 Special school tax, collects 147 148 Suit, may bring against predecessor. . 236 Tax, pays to School Commissioners 238 Receipt for receives on payment 238 Report to makes 238 COURSE OF STUDY— County Board of Education may adopt Ill 116 Legislature may adopt 115 65 COURTS— Jurisdiction not abridged by school law 105 CRIMES— Changing site of schoolhouse, when forbidden 211 Compulsory education law, violating 260 County Auditor neglecting to make apportionment. . . . 164 Doors of schoolhouse to swing outward 211 Embezzlement of school book funds 71 77 83 NOTE. 1 93 73 86 73 136 131 73 73 35-47 86 87 457 17 287 448 434 587 587, 588 136 236 335 161 237 38 49 61 38 37 287 287 287 2 11 5, 6 2 INDEX. 435 CRIMES-Continued. Enumeration, false, making. , . . , Parent refusing to give Insulting teacher School books, embezzlement as to . Selling for more than price. School officer interested in contract Traffic in school questions DAMAGES— Ten per cent, penalty, when added in suit on bond. DEAD BODY— Money found on belongs to school fund PAGE. SEC. NOTE 151 141 151 141 219 248 » 71 38 77 49 83 61 71 37 84 62 133 IS 416 651 126 105 126 IS 128 e 278 DEALER— Merchant, see. School books, see. DEBT— Townships, how created Estopel to deny . . . . 202 117 DECISION— County Superintendent failing to record. 105 DEED- Annexation to city or town, deed for school property. . Law as to valid County Commissioner's, on record of, deed for school lands Description in, defective, curing Evidence of steps of sale Record of, in County Commissioner's books, sale of school lands Sale of school property, trustee executes. Tender on sale of school lands. Trustee must secure for school property DEFICIT— County must make up in school funds. . DEVOTIONAL EXERCISES- Not to be enforced 289 200 13 25 222 252 219 1 312 1 310 13 309 2 292 1 312 1 222 252 290 1 313 3 219 249 124 102 4-36 SCHOOL LAW OF INDIANA. DIRECTOE— PAGE. Appeal from 206 Appointment by Trustee, when 206 Election, when, where and how held 206 Duties 217 Excludes pupil, when 217 Length of time 217 Fuel and repairs, provides 217 Notifies Township Trustee of his election 206 '< Oath, must take 206 President of school meeting, is 217 Eemoval of, how secured 206 School house, has charge of 217 Vacancy in office of 207 Visits, district school 217 Voter of district, must be 206 DISCEETION OF OFFICER— Not reviewed by the courts 136 Officers not liable for exercise of 218 DISTRICTS (SCHOOL)— Abolishing, Trustee may 208-136 Annual meetings of voters of 206 Director of elected at 206 231 Choice of by patrons of school 154 .... In city or town 154 DOCKET— County Superintendent examines 110 93 DOG FUND— ' Apportioned to schools, when 166 163 City entitled to a part of 167 .... How made 167 .... Town entitled to a part of 167 .... DONATIONS— Allowed 225 258 Conditions 225 258 Identity 227 262 Income 226 260 Trustee for 226 261 To erect school building 224 255 Conditional 224 255 Loan to aid 224 255 Interest on 224 255 DOORS— Swing outward, must 211 237 Crime as to 211 237 SEC. NOTE. 231 231 1 231 244 246 1 246 245 231 231 244 231 245 232 246 231 26 4 5-25 231 INDEX. 437 DKAIrsS PAGE. SEC. NOTE. Congressional township land not liable for 280 .... 4 284 .... 2 EDUCATION— To be free and uniform 51 2 EJECTMENT— School house site, for, who brings 115 .... 5 ELECTION— As to sale of lands 284, 285 374, 379 County Superintendent, see. Acquiesence in 122 29 Mandamus to compel 121 12 School Commissioners, see. School Trustee, of city 119 100 School Trustee, of town 119 100 Superintendent of Public Instruction. 55 9 Township Trustee, when held 259 332 EMBEZZLEMENT— School books, concerning 71-77-83 38-49-61 ENDOWMENT— Normal School tax 862 623 Purdue University tax 362 623 State University tax 362 623 Tax for 325-327 485-490 Permanent fund not affected by 363 624 ENGLISH - Schools to be taught in English language 204 227 ENUMERATION— Affidavit of parent or guardian as to ■ 151 141 Apportionment of revenue according to 162 156 Choice of school district made at time of taking 154 .... 4 In city or town 154 .... 5 Colored children, as to 155 .... 7 Compulsory education law 263 343 Congressional township in two or more counties 159 150 Eeport as to 159 150 AVho takes 159 150 County Superintendent, when takes 106 87 Failing to report as to 107 89 False, making, penalty 151 141 How taken 151 141 Non- resident students, not to be 154 .... 3 Oath of enumerator 151 141 Per diem for taking 151 141 Poor children, as to 203 1 438 SCHOOL LAW OF INDIANA. ENUMEEATION— Continued. page. sec. note. Privileges of certain children 154 6 Refusal of parents to give, penalty 151 141 Report to County Superintendent 159 149 Affidavit as to 159 149 Examination by County Superintendent 159 149 Report by Superintendent of Public Instruction to Governor 56 12 Residence of minors, what is 151 .... 2 154 .... 3 Retaking, County Superintendent may require 159 149 Pay for 159 149 Superintendent of Public Instruction may require. 107 89 Signature of custodian of child to, necessary 151 141 Street numbers in cities taken 151 141 Transfers, see Enumerated 151 141 Trustee takes 151 141 Liable for not taking 106 87 When taken 151 141 Who enumerated 151 141 153 .... 1 EPIDEMIC— Closing school on account of 135 .... 20 Contagious diseases, see. Teacher can not be dismissed because of 214 .... 10 ESCHEATS— Real estate, funds of, belong to 52 .... 4 Sale of lands escheating 277 .... 15 School fund belongs to ...... 277 .... 8 277 .... 15 51 2 275 359 ESTOPPEL— Married woman to deny validity of loan 301 .... 2 305 .... 5, 6 To dispute legality of sale of lands 290 .... 1 Town to deny validity of transfer 156 .... 12 ESTRAYS— Fund arising from belongs to schools 275 .... 1 277 360 276 .... 5 EXAMINATIONS- HOW held 95 77 License, see. Private, forbidden 100 79 Public must be , 100 79 Pupils for graduation , 104 85 INDEX. 4S9 SEC. EXAMINATIONS— Continued. page. Questions, traffic in an offense 416 651 Special, when held 216 243 Teachers, see. When held 100 1 EXPENDITURES— Report concerning 131 107 Report by Trustee as to 126 105 Approval by County Commissioners, effect 126 105 Contents of 126 105 Filed with County Superintendent 126 105 FARMERS' INSTITUTES— Purdue University holds 361 619 Appropriation for 361 621 Time and place of holding 362 623 FEES— State license fee 61 , 1 61 24 Surplus, disposal of 63 25 FINES— Belong to School Fund 51 .... 2 275 359 276 .... 7 FIRE ESCAPES— Providing for 211 .... 1 FORECLOSURE OF MORTGAGE— County Auditor may foreclose 307 .... 1 Judgment on 307 3 Mortgage, see. School Fund mortgages may be 304 , . . . 5 FORFEITURES— Belong to common school fund 51 2 275 359 FORMS— Superintendent of Public Instruction prepares 58 18 59 20 Bookkeeping, as to 58 19 FUEL— School director provides for schools 217 245 FUND- Attorney fees can not be deducted from 54 .... 4 Congressional township 275-283 359-372 Apportionment 276 .... 2 Belongs to inhabitants of 277 .... 9 440 SCHOOL LAW OF INDIANA. FUJS'D — Continued. page, sec. note, Corporations taxed for 51 2 Cost of managing, how paid 53 .... 1 Counties must preserve 277 County Auditor must distribute 318 Accounts with Congressional township, keeps 278 279 282-283 Penalty for failure to distribute 319 County Commissioners, report as to 317 Examine, as to 317 County Superintendent, duty as to 110 May sue for, when 110 Deficit in, notice of 277 Made up by County Commissioners 278 Diminished, can not be 52 275 Distributed among the counties 52 Distribution, and report as to 319 Diverted, can not be 52 Escheats, belong to 51 276 Proceeds of realty belong to, when 52 Estray fund belongs to 277 62 276 Fees of officers can not be deducted from 276 Fines belong to 51 276 Illegal deductions from 276 Income for schools 52 52 Incorporating town, division of funds with 118 Investment and distribution 52 4 "Invest" means "to loan" 53 Inviolably held for schools 53 7 53 Liquor license fees belong to , 277 Mandamus to secure application of 277 Miscellaneous account of 318 464 Policy of the law as to distribution of 5c Principal can not be used 52 3 52 Property found on dead bodies belongs to 277 Recovery of deductions from 276 Peinstatement '^'^ ^ Eeinvestment for county, when 53 5 361 464 362 363 369-372 466 461 460 93 93 361 3 359 4 465 360 2, 5 1. 2 2 10 11 2 12 6 INDEX. 441 PAGE. SEC. NOTE. 1 2 3 459 461, 462 12, 13 FUND— Continued. Rents of Congressional Township Fund 53 Suit as to, how brought 53 To whom belong 53 Reports as to 316 317, 318 Of additions to 56 Of County Auditor not conclusive 52 .... Revenue, see. Saline lands belong to 275-51 359-3 School corporation receives 118 .... Separation of Congressional Township and Common School 279 Settlement by County Commissioners not conclusive ... 54 tSinking fund, interest to 166 Statute of Limitations no bar to recovery for 53 Superintendent of Public Instruction examines 58 Swamp lands belong to 275 Tax penalties does not belong to , ... 277 Trust is, for common schools 53 53 Two different kinds of 275 Unknown dead, money of goes to 277 What consists of , 51-275 FURNITURE— Contracts for valid 133 Private school, Trustee can not provide for 136 Providing, not bound to go in debt for 133 Purchase by Trustee 131 108 Promissory note given for valid 128 .... 9 Special tax to pay for 150 139 Supplies, see. Tax for, levy of 146 135 Township liable for 133 12 When contract for, not binding on townsliip 133 .... 12 GENERAL ASSEMBLY— Powers to provide for schools 50 1 51 .... 7 GERMAN LANGUAGE— Petition for, to be taught 204 AVhen must be taught 204 205 GOVERNOR— Proclamation concerning school books 68 State Board of Education, a member of 59 GRADED SCHOOLS— Admission to 131 Trustee may establish 131 134 When should be established 134 1 3 162 2 16 359 14 7 7 1 12 •359 ... 10, 12 31 ... 10 227 6 31 22 108 108 14 14 BEC. NOTE. 442 SCHOOL LAW OF INDIANA. GRADED JOINT SCHOOLS— paob. Cities and towns, in 137 112 Establishment of 137 112 Management of 137 112 137 .... ], 3 Title to grounds for 137 112 School district, expense of 137 112 GRADUATION— Pupils examined for 104 85 GREEK SOCIETIES— Students may belong to 322 .... 2 333 .... 2 356 .... 2 GUARDIAN - Compulsory education law, must obey 260 335 Notice by truant officer to 260 336 GROUNDS— Purchase of, how made 119 .... 5 HIGH SCHOOLS— Examination of principals for 98 .... 7 Text-books for 112 .... 4 HIGHWAY— School property may be taken for 119 8 220 ..... 4 HISTORICAL SOCIETY— Appropriations for by county 252 319 More than one in county 253 321 Rooms for 252 319 Control of 254 322 254 323 Society discontinued, effect 253 320 Vaults for 254 322 254 323 HOLIDAYS- County Board of Education can not pass rules as to ... 112 8 Teachers entitled to 213 .... 6 HOME FOR FRIENDLESS WOMEN— Penalties, when go to support 52 .... 2 HOUSE— School house, see. INDEBTEDNESS— Funding in large cities 192 Mandamus to compel payment of 150 Tax to pay 150 202 139 INDEX. 443 INJUNCTION PAGE. SEC. NOTE. Building of school house under fraudulent contract. . . . 228 .... 4 To prevent violation of contract, does not lie 216 .... 15 Use of school house for secular purpose 220 .... 1 INJURY— School corporation not liable to person injured by defect. 209 .... 3 INSPECTION— Of Trustee's books and papers 145 130 County Commissioners inspect 145 131 County Superintendent inspects 145 131 INSTITUTES— County, appropriation for. 230 267 County Superintendent, duty as to 230 1 Schools closed during 230 268 Sessions of 230 269 Township, held once a month 229 266 How conducted .? 229 266 Penalty for failing to attend 229 266 INTEREST— After maturity of loan 309 .... 10 294 .... 2 County liable for 287 1 Deductions from Congressional township fund can not be made 54 .... 4 Deficit in, duty of County Superintendent 109 92 Per cent, not paid to County Superintendent 109 92 Rate of on loans 278 .... 1 294 407 To aid donation for high school. , 224 255 Reimbursement of county 289 .... 1 Report as to amount collected 160 153 Trustees, when not entitled to 124 4 JOINT GRADED SCHOOLS— Establishment of 137 112 Management of 137 112 137 .... 1, 3 Power as to 137 112 Title to property 137 112 JUDGMENT— County Superintendent against, concerning school books 70 36 77 48 Lien, when not on school land sold 289 .... 1 School books, concerning 83-76-70 60-46-34 444 SCHOOL LAW OP INDIANA. JUDICIAL NOTICE- p^ge. sec. note. Courts do not take, of certain substituted lands 280 .... 2 Names of township, does not take of 117 .... 18 119 .... 9 Superintendent, election 93 73 8 Townsiiip Trustee, powers of, as to 117 .... 18 JUSTICE OF THE PEACE— School Trustee |Can not be 122 .... 17 KINDEEGARTEN SCHOOLS— Establishment of 140 118 Pupils in 140 118 School revenue for tuition not to be used in 140 118 Tax to support 140 118 KNOWLEDGE AND LEARNING— To be taught in the schools 50 1 LANDS— Appraisement for sale 314 454 Reappraisement 314 454 Common school fund, lands of^State belong to 51-275 2-359 Condemnation for school house sites 227 263-265 256 Conveyance to county 313 450 Appraisement of 288-310 387-443 Congressional townships 279-281. 363-365 Debt to improve, township trustee can not incur 281 .... 2 Deeds for 315 455 Forfeited, reappraised 311 445 Deficiency in value made up 312 446 How appraised 311-314 445-454 Leasing, township trustee can not, when 281 .... 2 Purchase by county of mortgaged lands 314 • 452 Lease of, after purchase 314 452 Sale of 314 454 Appraisement 314 454 Sale of, report of as to not conclusive 317 .... 1 Sale of school lands, see. Sales legalized 315 455 Surplus revenue, sale of 294 406 Timber on, conditions as to 289 390 LATIN— When may be taught 204 .... 1 LAWS— Publication of 59 20 LECTURES— Superintendent of Public Instruction delivers 57 14 INDEX. 445 LEGISLATURE — page. sec. note. Documents of received by Superintendent Public In- struction 59 21 General Assembly, see. Power over school books 65 .... 2 112 ....5,6,10 Over rules for rules 112 .... 10 100 .... 11 LIBEL— County Superintendent may sue for, when 112 .... 9 LIBRARY— City, free, public in 235 281 Realty acquired for 236 284 How paid for 236 285 School Commissioners build 239 289 Bonds for issued 239 289 Interest on 239 289 Limit of 239 289 Renewing, can not 239 289 Tax for 239-237 289-286 Librarian 186 188 Removal 187 188 Tax to maintain 236-235 283-282 City and town, donations to accepted 236 283 Donations to 241 292 Free, may establish 235 281 Large cities 239 289 248 304 249 309 Bonds for , . . 239 289 Penalties, provide for 235 281 Real estate for, may purchase 236 284 Rules for, may adopt •. . . . 235 281 Tax to support, limit 235-236 283 Collection 235 283 Disbursement 235 283 When not to provide -235 281 Private, building for 251 315 Private, tax to support 235 282 251 315 Amount 236 283 Collection 236 283 Report of, additions to 143 126 State Librarian, see. Town, tax to aid private library 235 282 Amount 236 253 Collection of 236 253 446 SCHOOL LAW OF INDIANA. LIBRARY — Contsnued. page. sec. Township, book cases for 250 oil Free, to be 250 310 Librarian for 250 311 Notice concerning 250 311 Office of abolished 251 316 Discontinued 251 317 Preservation of 250 311 Report as to 250 '311 Rules as to 250 311 Sale of, can not be made 250 . 310 234 277 Tax .^ 233 276 Township Trustee has charge of 250 310 When open 250 312 Where kept ._ 250 311 Who may use 250 312 Traveling library 231 271 LIBRARY COMMISSION— Advice given concerning libraries 233 275 Appropriation for 232 272, 274 Associations for 232 273 Books for 232 272 Duties of 231 271 Official documents . , 235 278 Traveling libraries 231 271 Use of books 232 273 LIBRARY DONATIONS— Board, appointment 242 295 Certificates of 243 295 Organization 244 296 Powers , 244 297 Qualifications 242 294 Removal 247 302 Buildings for 244 298 Certificate of membership 245 299 City and town 241 292 Donations of library 246 300 Subscriptions for 241 292 Collection 248 298 Filed, when , 242 293 Tax for 244 294 How used 245 298 Township may use , 245 299 Treasurer's report 247 302 Use of library 245 299 INDEX. 447 LICENSE PAGE. SEC. NOTE. Appeal concerning examination for 97 .... 2 Certificate or license, no distinction as to 98 6 County Board of Education no control over 98 7 County Superintendent, see. Examination, see. How held 95 77 Teacher exempt from 95 77 98 .... 4 Exemption license 103 82 Expiration during term, effect 211 238 Foreign State certificate 104 84 Incompetent teacher, refusing license 97 .... 3 Length of terms for 95 77 Mandamus to compel issuing 99 9 Professional license 95 77 Defined 97 Eules as to 61 Eecord of kept 100 104 Report of who licensed 100 Kevocation of 99 Causes for ■ 99 Effect on employment 99 Special subjects, to teach 205 Standard license 103 State 101 Teachers, see. Must have 211 238 211 .... 1 Trial license 95 77 LIENS - Drains, sec. Judgment on school land held by certificate only 289 .... 1 LIMITATION— Amendment of complaint does not bar 118 .... 17 Statute of limitations, see. LIQUOR LICENSES— Apportioned by County Auditor to schools 276 2 Belong to common school fund 275 359 277 .... 10 Report as to amount collected 160 153 LIVERY hire- No allowance for 117 .... 20 1 2 80 83 80 78 78 78 4 81 81 448 SCHOOL LAW OP INDIANA. LOANS _ P^aE. Abstract of title required 295 Affidavit of applicant for 299 299 ApportionrQent to townships 318 Appraisement of land 295 Borrowers, inhabitants preferred 296 Execution against, without relief 307 Fees, paid by 303 Suit against, for deficit 307 Bulletin board, concerning 295 County may borrow 298 Note of County 298 Payment of loan 299 Rate of interest 299 Warrant of Auditor 298 County Auditor makes 295 Acknowledgments, may take 302 Can not borrow 282 295 Oaths, may administer 302 Evidence to show compliance with law 300 Fund, must specify 305 Interest, rate of 294 297 Non-payment of 303 Irregularity of does not vitiate 300 Liens, certificates required as to 229 Amount of 297 Bond of indemnity, against 229 Limit 297 Mortgages, see. Mortgage, form of 305 Married women may take 301 305 Note, form of 306 306 Outside of county, can be made 296 Old law as to 296 Payment made to Treasurer. 306 306 Quietus for 306 Percentage of value of bond 297 Personal security on, can not be made 296 Record and priority of 302 Satisfaction of , 307 Time of 301-297 Transfer from one county to another 299 Warrant for " 306-298 SEC. NOTK. 410 1 424 463 411-412 413 440 431 440 409 418 419 422 421 420 410 428 .... 1,2 3 428 1 435 407 404 432 3 424 415 424 415 435-436 2 5, 6 1 436 413 1 1,2 438 438 416 2 429-430 439 426-417 423 437-420 INDEX, 449 LOSS PAGE. County to make good to school fund 278 LOTTERIES— In aid of schools, illegal 277 LUCRATIVE OFFICE— Acceptance of, vacates former office 122 Common Councilman's is not 122 Trustee's office is ] 21 125 MANDAMUS— Admission to school, to obtain 155 Books, to secure possession of 121 128 Can not be used to secure school funds 278 Discretion of officer not reversed by 257 Election of Trustees to compel 121 License, to compel issuance of 99 Ministerial duty, to compel performance of 99 Officer compelled to perform duty by 136 Pupil may be restored by 218 Records of County Superintendent to recover 93 Sale of lands, to compel 286 School funds, application of to secure 277 Report of County Superintendent 108 Tax, to compel application to debt 150 Township Trustees to assemble for election 92 Trustee, tax levy, to place on duplicate 147 MANUAL TRAINING SCHOOLS— Cities, certain may have 196 Subjects taught in 1 96 Tax to support 197 Teachers for 196 MANUSCRIPT— Purchase for school books 67 MARRIED WOMEN— Borrowing school fund, may 305 May secure 301 Estoppel to deny validity of 301 School officer may be 258 Bond, official may give 259 MECHANIC'S LIEN— Connot be taken on a school house 133 136 177 29— vScH. Law. SEC. NOTE. .... 2, 5 13 21 16 6 10 12 5 7 5 12 9 10 23 5 13 1 11 99 212 213 214 213 29 1 3 2,3 5,6 2 2 330 331 13 30 5 450 SCHOOL LAW OP INDIANA. SEC. NOTE.. 231 232 232 232 232 232 233 232 232 56 55 25 MEETINGS (DISTEICT)— . p^ge. Annually held 206 District, see. How called 207 Legality of, how settled 207 Notice of, given 207 School house, may ask for 207 May direct repairs of 207 Estimate of 209 Studies determined by , 207 Voters at 206 231, MERCHANTS— School books, may handle 81 Purchasing price for 80 MILEAGE— State Board of Education, members of, receive 63 MINISTERIAL DUTY— Mandamus to compel performance 99 MISTAKE— School officers not liable for, when 134 MONEY— Advancing, township trustee may receive 130 Borrowing, township trustee, when can not 128 129 Interest on, when trustee not entitled to 124 Ownership of 130 Receiving benefit of, township liable 128 Title of in trustee 124 Use of township, by trustee, not a conversion 124 MORTGAGES— Acknowledged, must be 303 Cancelling by suit, can not be 303 305 When must be 316 458 Collected, when may be 304 .... 4 Conveyance of land to county 313 450 County Auditor, given for loan, is valid 302 2 Decisions construing 305 455 1 Deeds for land 315 .... Description of lands in 305 455 2, 3 244 .... 13 Endowment fund of State LTniversity, to secure '. 327 489 Entry of satisfaction of, how made 307 .... 1 Foreclosure, suit may be maintained for 304 .... 5 By County Auditor 307 .... 1 Judgment on 307 .... 3 10 18 7, 9 12 4 22 8 2 2 1 3 4 INDEX. 451 MORTGAGES— Continued. ^^^^ Fund secured by, failure to state 304 Interest on after maturity 294 309 Lands mortgaged liable to taxes 302 Lien is, without recording 302 303 Loans, see. Merged by foreclosure 310 Notice of sale under must be given 307 808 Fees for posting 307 Prior does not invalidate 295 300 Purchase of land by county 314 Lease of 314 Sale of 314 Appraisement 314 Recorded, when is so deemed 303 Release of without payment void 304 307 Innocent purchaser protected 307 Sale under, bid by County Auditors. . , 310 310 Cash not paid for 310 How conducted 308 In parcels , , 309 Less than whole tract 309 More than due, for 309 Notice of 304 307 308 Quieting title against 309 Redemption from 309 Reimbursing county for deficit 310 Statute must be followed 309 Subrogation of purchaser 313 310 Suit to foreclose 313 « Surplus paid over to land-owner 310 When valid 304 "Without appraisement 309 Suit for deficiency in 307 310 To cancel, can not be maintained 296 Tax lien, superior to 313 312 .... 2 304 .... 2 302 .... 3, 4 SEC. NOTE. 1 23 . , . . 10 . . . . 4 . . . . 1,2 .... 2 14 . . . . 1 . . . . 3 . . . . 2 1 2 452 452 454 454 1 3 2,3 3 11 2 1 1 7 2 5 1 1 3 9 6 3 1, 4 6 l'^^ 12 4 1 8 2 1 4 5 452 SCHOOL LAW OF INDIANA. MUSIC PAGE. SEC. NOTE. Pupils may be required to study 113 11 205 .... 3 NAME— School corporation, takes from civil corporation 118 .... 1 Townships, courts do not take notice of 118 .... 18 NAKCOTICS- Effect of must be taught in schools 205 228 Teacher examined as to 206 229 Dismissal for refusing to teach 206 230 NEGLECT— Trustee liable for on his bond, when 144 128 NIGHT SCHOOLS— Established in large cities 141 121 Hours of session 141 121 Pupils who may attend 141 121-122 NOEMAL SCHOOLS— Agent, pay of 324 483 Appropriation for 321 .... 1 363 624 Building, contract for 321 473 Christian morality to control 323 478 Colored pupils admitted to 322 3 Located at Terre Haute 321 472 Model school to be organized 322 474 President of 321 470 Member State Board of Education 59 22 Pupils, admission of 322 476 Certificates to 323 481 Diplomas to 323 481 Qualifications for admission to 322 .... 2 Reports to General Assembly 323 479 To Governor 323 479 Eules, may adopt 322 .... 2 Secretary of 321 470 Sectarianism forbidden 323 478 Tax to support 362 623 Amount of levy 362 623 General appropriations repealed 363 624 Permanent endowment not affected by 363 624 Treasurer of 321 470 Pay of 324 483 Trustees, studies prescribed by 322 475 Governor appoints 320 468 Instructors elected by 322 475 Organization of 321 470 INDEX. 453 SEC. NORMAL SCHOOLS— Continued. page. Trustees, pay of 324 482 Proposal for donations 321 471 Term of ofl&ce of 320 469 Vacancies in 320 469 Tuition free 323 477 Visitors and their pay , 323 480 NOTE- Promissory note, see. OATH— School officers may administer 258 329 State Superintendent's 55 10 OFFENSES— Crimes, see. OFFICE— County does not furnish County Superintendents with. .93 .... Rent 117 109 State Superintendent's, where located 55 Women may hold 268 Bond for, can file 259 OFFICER— Damages, when not liable for 218 Discretion of, not reviewed by the courts 136 OPINIONS— State Superintendent gives 55 11 Can not be used as a defense 56 .... 3 Not bound to give to every person 56 .... 2 PARENT— Compulsory educatian law, must obey 260 335 Penalty for not 260 335 Notice to, given by Truant Officer 260 335 Pupil, see. PARENTAL HOME— Consent of parent as to putting his child in 263 340 Refusing to give 263 340 Establishment of 263 340 Incorrigible child sent to, when 263 340 PENALTIES— Belong to common school fund 51 1 52 2 When do not 52 2 PETITION— Withdrawing signature from, when can not 293 .... 1 20 1, 2 11 330 331 5 26 454 SCHOOL LAW OF INDIANA. PLANS FOR SCHOOLS— paob. Eeport of State Superintendent as to 66 POOR— Children of, furnished with school books 75 Limit 75 Pupils, aee. PORTLAND— Bonds for 170 PRIVATE SCHOOI County Superintendent can not conduct 110 Use of public school house for 220 Conditions of 220 Reports by teacher as to 220 PRIVATE SCHOOL HOUSE— Can not be repaired at public expense 208 PROCLAMATION— Concerning school books 68 PROMISSORY NOTP:— Borrowing money, see. Consideration, without, void 117 134 Conspiracy to defraud, invalidates 136 Funds on hand, note void 116 Furniture, given for, binding 128 School books for, trustee can not give 128 Suit on averments as to 116 Township does not bind 129 128 When does bind 128 129 PROPERTY— School house, see. Title of joint graded schools 137 137 Trustee has care of 131 Sells, when 222 PROSECUTING ATTORNEY— Suit, brings, for Superintendent of Public Instruction. 58 PUPILS— Assault on, what is 218 Classified, may be 50 Colored pupils, see. Higher grades for , 202 May have separate schools 202 SEC. NOTE. 13 43 43 94 250 250 250 31 112 108 253 16 10 16 16 28 14 9 42 10 13 8 9 12 224 224 INDEX. 455 PUPILS— Continued. page. Compulsory education, see. Corporal punishment for 218 Detention after school because of tardiness 134 Director may exclude from school 217 Length of time 21 7 Disciplining, teacher maj' 217 Dismissal, appeal as to 219 How taken 219 For breaking school property 218 Examination by County Superintendent 104 Exempt from compulsory education law, when 260 Graduation of 122 Incorrigible, sent to Parental Home 263 Injured, school corporation not liable to 209 Kindergartens, who may attend 118 Mandamus lies to compel restoration 218 Night schools, age of 141 Poor, appropriation for 203 Assisted by public 262 List of those aided 262 Matron of Orphans' Home provides for 203 Instructs 203 Payment for, how made 255 Where accommodated 203 Eesidence of, is that of parent 153 154 Kules of school must obey 122 136 Teacher rejaorts concerning 142 PURDUE UNIVERSITY— Acceptance of grant for 361 Agricultural College, scrip for 354 Amendment or repeal of law, as to 357 Appropriation for, repealed 363 Colored students admitted to 353 Dedication of streets by 356 Of lands for streets 357 Donations to 355 Farmers' Institute, conduct 361 Appropriation for 361 Time and place of holding 361 Funds of, how invested 359 Donations by 355 'Gift to Institute of Teclmology 360 Terms of 360 Institute of Technology 360 Terms of 360 Open to all 360 3 18 246 246 1 247 1 2 85 334 341 118 122 226 339 339 225 225 235 125 622 600 610 624 607 608 603 619 621 620 617 603 618 618 618 618 618 24 1 2 3 23 -9.7 456 SCHOOL LAW OF INDIANA. PUEDUE UNIVERSITY— Continued. page. sec. note. Ijocation of 355 604 Xame, corporate of 355 605 - - 356 606 President of member of State Board of Education 79 22 Appointment of 358 614 Purdue, John, privileges of 357 609 Eules, may adopt 356 .... 1 Scrip, sale and investment of 354 602 Secretary, appointment of 358 614 State Chemist^ Prof, of Chemistry in 354 602 Students, County Commissioners appoint two 359 615 Number, limited 359 616 Privileges allowed 359 615 Pules, must obey 356 . . . .i 1 Tax'to support ; . . 362 623 Amount of levy for 362 623 General appropriation for repealed 363 624 Permanent endowment not affected by 363 624 Treasurer, appointment of 363 624 Treasurer, bond and duties 358 614 Trustees, appointment of 354 601 358 614 Term of office 358 612 Vacancies, how filled 358 613 ■ QUESTIONS— Traffic in a crime 416 651 QUORUM— Township Trustee of to elect County Superintendent. . . 92 .... 2 QUO WARRANTO— To test election of County Superintendent 93 6 REAL ESTATE— Taking school property for highway 119 .... 8 REAPPRAISEMENT— Forfeited lands to be 311 Deficiency in made up by county 311 How made 311 RECOMMENDATIONS- State Superintendent makes 56 RECORD— County Superintendent keeps 1 00 Decision entering in 1 05 Inspecting, public may 131 Parol evidence of contents 105 Township Trustee keeps ; 130 445 445 445 13 80 . 2 2 1 106 INDEX. 457 REDEMPTION— From sale under school mortgage 286 .... 6 287 .... 2 REMOVAL— County Superintendent, of 91 73 For neglect to give additional bond 70 35 Director, of 206 231 Pupil, of 217 246 School House, see. Trustee, of 145 132 RENTS- Congressional township, of, county liable for, when ... 53 .... 1 Distribution of 280 1 Suit for, how brought 53 .... 2 To whom belongs 53 3 REPORTS— Appointment of School Trustees to vacancy 124 104 Repealed 124 5 Apportionment of school revenue 108 90 Basis for , 108 1 County officers must make, when 58 17 County Superintendent to school book contractor 77 48 Duplicate of, where filed 77 48 To County Commissioners 110 93 County Treasurer makes monthly, when 239 287 Receipt receives on for payments 236 285 Election of County-Superintendent 91 73 Enumeration of 151-159 141-149 Affidavit concerning 159 149 Failing to make, penalty as to 107 89 Interest, as to amount collected 160 153 Licenses granted teachers, concerning 100 80 Liquor licenses, as to amount collected 160 153 Observations (of) on school systems . . , 56 13 Private school, as to, when taught in public school house. 220 250 Receipts and expenditures, teachers make 131 107 Sale of lands (of) can not be conclusive 317 1 School books, annually only, when 75 44 Contents of 75 44 Concerning number needed 68 32 By County Superintendent 68, 70 32, 36 Dealer concerning sales made 82 58 Copy sent to County Superintendent 82 58 Receipt of. made to County Superintendent 73 42 Sales of, made to County Superintendent 73 42 Sales of, made to dealers , 81 56 458 SCHOOL LAW OF INDIANA. EEPOETS— Continued. pagb. State Supt. Public Instruction to General Assembly ... 56 Contents 56 To Governor 56 Contents 56 Printing 56 Distribution of 56 Statistics (of), to County Superintendent 143 Tax, amount reported to State Superintendent 160 Contents of 1 60 ' Teachers to Trustees 142 Contents 142 Failure to make, no pay 142 Suit for pay, proof as to right to 142 Transfers, as to 155 Trustees, when make 1 43 Contents 1 43 Failure to make, penalty. 144 Of expenditures. . . 122 Approval 122 Effect 122 Filed with County Superintendent 122 KESIDENCE - Of minor ^. 153 154 EESIGNATION— County Superintendent 93 Election to fill future racancy . . 126 EEVENUE— Accounted for by trustee 122 Anticipating, what may be 125 Apportionment 56 Made by County Superintendent 108 Basis for... 108 Apportionment, see. Congressional township, of, when divided, report as to. 161 Conversion of, what is 124 Distribution of to counties 162 Division of on incorporating a town 118 119 Dog fund, a part of, when 166 f City entitled to a part 166 Town entitled to a part 166 Equalization of 280 Excess paid by county to State Treasurer 163 Fund, see. Incoming treasurer entitled to ] 23 Mav sue for 123 BEC. ^ lOTE. 13 13 12 12 13 13 126 152 153 125 125 125 2 142 126 126 327 105 105 105 105 2 3 14 6 105 13 154 1 158 4 7 163 1 1 3 159 38 37 INDEX. 459 EEVENUE— Continued. p^ob,. Interest on sinking fund, is 166 Loss, trustee liable for 127 Management of 122 Mixing with civil township funds, credit for 130 Ownership of. .». 130 Payment to counties 162 Record of receipts and expenditures 130 Eeport of State Superintendent 56 To State Superintendent 160 Contents of 1 60 Penalty for neglect to make 161 School buildings, special for 172 School tuition fund not used for kindergartens 140 Special school, proceeds of sale of property belonging to 222 Surjihis 141 142 State Superintendent of Public Instruction examines . . 58 57 Superintends 55 Surplus special school, to build school houses 172 In cities and towns 141 Tax for, State 145 Town entitled to part of township, when 130 Trustees receive 126 Tuition, misapplication of 131 Must not be used, when 1 30 When must be expended 207 Unapportioned balances 164. Unsafely invested, duty of State Superintendent as to. . 57 Warrant to County Treasurer for 163 EULES— Authority to adopt 1 22 County Board of Education may adopt for schools Ill Library for, adoption 235 School Commissioners may adopt 237 Pupil bound to obey 1 22 136 Eeasonable, must be 121 122 134 59 218 256 Record of need not be made for schools 134 School officers may make for schools 134 135 SBC. 162 105 158 106 12, 13 152 153 155 168 118 252 123 124 16 14 11 168 123 133 105 19 22 24 106 232 160 14 159 22 2 281 286 23 27 15 .... 19 23 18 22 • . . . 2 1 18 18 .... 21 460 SCHOOL LAW OF INDIANA. SALARY— P^GK. County Superintendent's 109 School Commissioners receive none 177 School Superintendent for city or town 137 Scliool Trustee 119 SALE OF MORTGAGED LANDS— Bid of County Auditor on, wlien 310 Duty to bid in 310 310 Deed on, making 312 313 Recording 312 Division of on sale, immaterial 308 Judgment on foreclosure 309 Merger of mortgage by 310 Notice of 307 Must be given 307 308 Portion sold 309 Quieting title to 309 Reappraisement of lands bid in 31 1 Deficit in value made up 312 Redemption from 309 Resale 310 Rate of interest on . . , . , 309 Reimbursing county , 310 Statement and record of 313 Statute must be preserved 309 310 Subrogation when sale illegal 309 Suit on note given for purchase money 310 Surplus, who gets 311 310 Taxes, preventing of lien of ... , 311 SALE OF SCHOOL LANDS 285 Appraisement 314 Reappraisement 31 4 Certificate of purchase 292 289 Lost, proceedings thereon 291 Record and assignment of 290 Conveyance to county 313 County Auditor gives quietus 292 County Commissioners to order 285 Deed, when to issue on 290 292 292 Assignment, defective on 290 SEC. 91 174 111 100 443 447 441 n 2,3 1 1 8 14 445 446 6 443 10 3 448 2,4 1 12 1 444 4 2 380 454 454 1 391 398 394 450 399 380 1 1 401 395 INDEX. 461 SALE OF SCHOOL LANDS— Continued. page. eee. note. Election as to 284-285 374-379 Estoppel to dispute validity of 290 .... 1 Fees paid by purchaser 285 380 Forfeiture prevented, how 287 383 Mandate to compel 286 .... 1 Notice of 307 441 Payment, penalty for not making 290 393 Deferred, when reported 286 381 Indorsement of, where 292 400 AVhen may be made 291 397 Where to be made. . _ 292 399 Petition for, how had , 284 1 285 .... 1 293 .... 2 293 404 Private, by Auditor, when 288 .... 1 288 386 Public, must be 286 .... 1 Purchase by county of mortgaged lands 314 452 Lease after purchase 314 452 Sale of 314 454 Purchase money is a loan, when 291 396 Purchaser, possession by 290 392 Enjoined, when 290 394 Eights of, if title fails 293 405 Waste, when liable for 288 384 Kedemption from 288 2 Kesale, forfeiture 288 .... 1 Surplus revenue lands, of 294 406 Terms of 286 381 Timbered lands, conditions as to 286 381 Title, when complete 293 403 Voters for, who are 280 1 Waste, suit for 288 385 SALEM— Bonds for 170 ,... 9 SALE OF SCHOOL HOUSE— How had 222 2 SALINE FUND— Belongs to schools 51 .... 2 275 359 SCHOOLS— Abolishing, effect on teacher's contract 123 .... 32 Alcohol, effect of must be taught in 205 228 Appeal, concerning establishment of 256 327 ■ Bible not excluded from 200 221 462 SCHOOL LAW OF INDIANA. SCHOOLS— Continued. page. Branches taught in 204 Additional, when taught 204 German, when taught 204 Compelled to teach 204 205 Latin taught in , 204 Music taught in 205 Care and oversight. County Superintendent has 105 Classified, may be 50 Closing because of epidemic 122 During County Institutes 230 Colored schools, see. County Superintendent visits 105 106 Devotional exercises in 206 Discontinuance 210 Discretion of trustee 210 Petition as to- 210 Eedistricting 210 School house, new 210 General, must be 50 General Assembly's powers over 51 German taught in 204 Must be, when 204 205 Petition for 204 Latin may be taught in 204 Located by school trustee 131 Music may be taught in 205 Narcotics, effect of taught in 205 Open to all, must be 50 50 Separation into departments. 134 State institutions are 50 Supplies for, purchased 272 Term, length of 202 Trustees, see. Uniform, must be 201 201 Who entitled to benefit of . . .^ 155 SCHOOL AGE— From 7 to 14 260 SCHOOL BOARD— Majority of members of control 228 SCHOOL BONDS— Bonds, see. SEC. NOTE. 227 227 227 1 6 1 3 86 . . . . 4 19, 20 268 3 1 2 5, 6 4 2 7 227 1 6 227 1 108 3 228 1 4 14 1 355 223 222 334 INDEX. SCHOOL BOOKS— page, sec. 463 Appropriations for School Book Commissioners 72 39 75 45 90 69 27 27 Separate works, for 67 40 40 27 Author furnishing 6^ Bids, advertising for 6o For a history 72 40 For a physiology ^2 For a primary spelling book 72 For revision of text hooks 84 63 Completion of • 65 27 From authors ^^ '^ Copyright to furnish 65 From publishers "O Opening 66 28 Eejecting 65 27 Sealed, to be. 65 27 Bond to accompany bids 65 27 Given by County Superintendent 76 47 Of Commissioners 64 26 Choice of books, Legislature may make 65 Cities (in) of 100,000 population, selection 186 Constitutional acts as to, is 65 1, 2 Contractor, bond must give 65 27 90 70 For revision 90 70 New, when, must give 90 70 85 64 Neglect to give "70 Consent files, for revision ; 84 63 For sale of books by dealers 80 55 Furnishes reports to State Superintendent 85 64 How paid 68 30 Contractor, reports to by County Superintendent 70 36 188 29 Copyright, author to furnish 65 27 County Board of Education adopts 97, 111 85 County Superintendent, additional bond as to give 70 35 Obligation of "^'^ 35 Kemoval for neglect to give 70 35 Certifies to number needed 68 32 Liable for amount of sales of 70 36 Purchaser for 68 3L Credit to trustee for books sold 73 42 75 44 Damaged, returned by trustee 78 51 Notice to contractor as to 78 51 To County Superintendent as to 78 51 464 SCHOOL LAW OP INDIANA. SCHOOL BOOKS — Continued. page. sec. note. Dealer makes reports of sales 82 58 Copy sent to County Superintendent 82 58 Reductions to, of price 80 55 Selling for more than price fixed 84 62 Embezzlement concerning 83 61 County Superintendent 71 38 Of proceeds of sales of 77 49 Fund out of whicli trustees pay for 73 42 Geographies, how often revised 89 67 Grammar, advertising for 72 40 Intermediate, providing 88 65 History, advertising for 72 40 How often revised 89 67 Intermediate book, revision of 84 63 Grammar providing 88 65 Price 88 65 Size 88 65 Judgment against County Superintendent as to 70 36 Attorney fee to embrace 70 36 For proceeds of sales *. 70 34 Attorney fee to embrace 70 34 Language, lessons providing 88 65 Price 88 65 Size 88 65 Law concerning, printed and distributed 79 53 Legislature may adopt 79 .... 6 Liability of school officers for neglect 83 60 Judgment against 83 60 Manuscript for 67 29 When to purchase 67 29 Note for payment of, trustee can not give. . . . ; 73 42 Notice of shipment, contractor to give 78 51 Number for county, how ascertained 68 32 For township 68 32 Offense as to 71 37 Opening package of, when done 78 51 Payment for, when made 73 42 Physiology, advertising for 72 40 Poor children furnished with books 75 43 Limit of 75 43 Price sold at to patrons 66-72 28-40 Dealers can not raise 80 55 Intermediate grammar 88 65 Printed on covers of 79 52 Duty of school officers as to 79 52 Exception as to copy book 79 52 Reduction of, when 85 64 Contractors declining to accept 85 64 Selling for more than allowed, oftense 71-84 37-62 INDEX. 465 SCHOOL BOOKS — Continued. page. sec. note. Printing school book law 90 71 Proclamation of Governor as to 68 31 Purchasing, who may 68 32 Pearlers, contents of 64 26 Receipt of, acknowledging, by Trustees 73-68 42-32 County Superintendent notifies Trustee 68 32 Eeport as to, annually, when necessary only 75 44 Contractor to, of proceeds of sale 77 48 To furnish blank for 82 58 County Superintendent to contractor of sales 70 36 Quarterly, when not necessary 75 44 Receipt of books, by Trustee 73 42 Sales of, by County Superintendent, to contractor . 83 59 Cash to accompany 83 59 Contents of 83 . 59 Duplicate filed with County Auditor ........ 83 59 Dealer makes 82-81 58-56 Sent to County Superintendent 82 58 Quarterly, made 69 33 To County Superintendent 73 42 Requisitions for by County Superintendent 68 32 By Township Trustee 73 41 Limit of 73 41 Scaling down 73-85 41 -64 Returning unsold to contractor 73 42 Credit for . . . 73 42 Freight on, who pays 73 42 Revision, contract for 89 68 Contractor to consent 84 63 Revision, cost of 84 63 Geography, how often had 89 67 Grammar, of 88 65 History of, how often had 89 67 Intermediate grammar 89 66 Kotice to schools as to 85 -64 Standard of 89 68 Time to make 85 64 Time to print 85 64 When may be ordered 84 63 Who makes , 84 63 Sales of by dealers or merchants 80 55 Cash for only ' 68 32 Consent of contractor to 80 55 Old books, providing for 68 32 Proceeds of, how disposed of 73 42 Price of 68 32 30-ScH. L\w. 466 SCHOOL LAW OF INDIANA. SCHOOL BOOKS— Continued. pag«. sec. Keport to contractors as to 7U oH Quarterly as to , 69 oo To County Superintendent 73 42 Size of 64 26 Spelling book, advertising for 72 40 State Board of Education, duties concerning 64 26 Notice of revision given 85 64 State Superintendent of Public Instruction, duty as to 68 32 State not liable for 68 30 Suit for proceeds of sale of 76 46 Attorney fee as to 76 46 Judgment as to 76 46 Contractor's bond on 90 70 Attorney-General brings 90 70 County Superintendent concerning 70 34 Supplemental acts or law 80-91 54-72 Text-books to be purchased 64 26 Trustees can purchase for poor pupils 262 339 Money for, pays County Superintendent 69 33 Number needed, certifies to 68 32 Personally liable for. 68-73-76 32-42-46 Reports sales quarterly 68 32 Uniformly bound, must be 78 50 AVrapping for shipment 78 51 SCHOOL CITY- City, see. Suit against, how brought 115 .... SCHOOL COEPORATION— City is 284 373 Name of 283 372 Process, how served on 255 326 Town is 118 99 Township is 114 98 SCHOOL DIRECTORS— Directors, see. SCHOOL DISTRICT— District, see. School meetings, see. SCHOOL EXAMINERS— Duties of performed by County Superintendent 91 73 SCHOOL COMMISSIONERS— Act of 1899 180-197 179-214 Accountant 190 197 Act of 1871 in force 180 ¥79 INDEX. 467 SCHOOL COMMISSIONEKS— Continued. p^ge. sec. note. Act, Advisory Board 185 18G Appropriation necessary 190 199 189 195 Auditor 188 191 Bond 189 196 Duties 188 191 Pay 189 192 Warrants 188 192 Board, apjjropriations by committees 184 185 185 184 Legislative act 184 185 Resolutions 184 185 Director signs 184 1 85 Books for schools 186 188 Census, subsequent 196 211 Commissioners 181 180 Board 183 183 Election 181 180 Meetings 184 184 Nominations 181 180 Organization of Board . . 183 183 . President of 183 183 Qualification 181 180 Eemoval 195 209 Rules 184 184 Secretary of 183 183 Terms 183 182 Treasurer of 183 183 Vice-President of 183 183 Debt limit 194 206 Director, bond 188 190 Duties 185 187 188 190 Election 185 187 Employes, selects 1 87 188 Oath 187 188 Powers 187 188 Resolution, signs 184 185 Term 187 188 Eminent domain 195 208 Employes, selection 187 188 Discharging 187 188 Examination 185 186 Who are 184 184 Funding debt ; 192 202 Library 185 186 Librarian, selection 186 188 187 188 468 SCHOOL LAW OF INDIANA. SCHOOL COMMISSIONERS— Continued. page. sec. note. Librarian, duties 186 188 Oath 187 188 Old board continued 193 205 Payments to Treasurer 190 198 Purchasing building sites 195 207 Salaries of officers 184 184 School house, bids for 191 201 School law in force 193 204 Superintendent, appointments by 186 188 Assistants 185 186 Election 186 188 Oath 187 188 Eemoval 187 188 Term 186 188 Tax levy 193 203 To pay debts 196 210 Teachers, selection 186 188 Number 185 186 Vacancies in office 1 84 184 Warrants, who issues 188 192 Illegal, when 189 194 Proof of claim 189 193 Board of 173-178 169-176 Bonds to build school house 178-179 177, 178 Certificates of members 174 171 Districts, may change 173 170 Duties and powers of 175 172 Election of 173 169 Library, bonds for may issue 239 289 Interest on, rate of 239 289 Limit of issue 239 289 Penewing, can not 239 289 Tax for 240 290 Loans, may make 178 176 Manual Training Schools, creating . 196 212 Subjects brought in 196 212 Tax to complete 197 214 Teachers for 196 213 Meetings of 177 1 74 Organization of . . 1 74 171 Pay, get none 176 174 Poll tax, can not levy 176 .... 1 President of 174 171 Rules for library, may adopt 237 286 School laws govern 178 175 Secretary and treasurer of 174 171 Taxes, how collected for 238 287 Levy 237 286 INDEX. 469 SCHOOL COMMISSIONERS— Gontimied. page. Term of office 1 74 Vacancies, how lilled 174 SCHOOL HOUSES— Annexed territory in, belong to city or town 202 Deed for 202 Law as to val id 254 Pay for 223 Appeal concerning contract to build 256 Location of, effect 208 256 256 257 Bonds to build, conditions authorizing 168 169 House, where located , 169 Law authorizing valid 169 Bonds to build, when may be issued 168 Denominations of 168 Interest payable semi-annually 168 Leave to issue, who grants 168 Limit of amount 168 Petition for leave to issue 168 Sale of 168 Bonds to complete , 1 70 Limit 170 Tax to pay 170 Use of proceeds 170 Bond to secure 170 City can not pay for out of general fund 142 .... 1 Cities (in) of 100,000 191 201 Civil township can not build 93 .... 6 County can not build 132 .... 3 228 .... 5 Custody of, Trustee has 134 15 Decision of County Superintendent as to location is final 257 Defect in, not liable to child for injury to 209 Director of school district has charge of 217 Fuel for, purchase of 217 Repairs, makes on 217 Donations for 224 Loan to aid donation 224 Interest on 224 Doors must swing outward 211 Penalty for neglect as to 21 1 Ejectment for, school corporation brings 115 .... Erection, petition for 207 232 Estimate of cost of furnished by district meeting 209 .... SEC. NOTE. 171 171 253 253 1 254 1 2, 4 327 1 9 164 1 3 2 164 164 164 164 164 164 164 165 166 166 165 165 3 245 245 245 255 255 255 237 237 470 SCHOOL LAW OF INDIANA. SCPIOOL HOUSES -Continued. p^se. Extra territorial location, invalid 220 Incorporating town, effect of school house without it. . . 118 Enjoining erection of for fraud 228 Joint for several school corporations Cost of 108 Title to 108 Location, appeal, decision of County Superintendent on, final 208 Discretionary with Township Trustee 209 228 Powers of trustee as to 207 Materials furnished for by taxpayer 146 Mechanic's lien, can not be placed on 133 136 177 Petition for additional, appeal 136 Appeal lies on 209 Need not originate at district meeting 209 New, how authorized 272 To erect 207 To remove 207 Possession of, Township Trustee has 217 Private school house, can not be repaired 208 Providing, not bound to go in debt for 133 Purchase of grounds for, how made 121 Kepairing, directors make 217 How ordered 207 Order for 209 Petition for, sufficiency 209 Private, repairing 1 36 Sale of, petition for 207 Deed given on 222 Purchase money, where belongs 222 When may be made 222 222 School corporation builds 228 Must own or lease before repairing 136 Site for, proceedings to obtain 227 Appraisers of 228 Report of 228 Payment for 228 Special tax to pay for 1-50 Subscription for, conditional, siiit on 209 Suit to set aside contract as to 133 Surplus special school revenue to build 172 Tax to build or repair 146 To complete in towns 1.51 To complete, petition for not necessary 169 4 4 131 131 6 .... 9 1 1-4 135 13 30 5 .... 31 1 1 355 232 232 10 245 232 234 234 32 232 252 252 252 2 2 32 263 264 264 265 139 2 13 168 135 140 SEC. KOTK. 135 249 4 1 2 2 108 232 251 251 251 250 250 250 INDEX. 471 SCHOOL HOUSES— Continued. page. Tax-payer furnishing supplies for, credit on tax 14G Title to in school corporation 219 169 Held in trust 219 Town incorporating gets 220 Contract for, when binding. . , . 228 Trustees provide for 131 May disregard petition for 207 Use of for other than school purposes 221 Equal privileges as to . . 221 Petition for 221 Private school, for 220 Conditions as to 220 Petition for 220 Trustee's duty as to 221 .... 2 SCHOOL LANDS— Adverse claims to can not be made 280 .... 5 Drains can not be assessed for 280 .... 4 Lands, see. SCHOOL MEETINGS— Appeal concerning 256 327 District of, annually held 206 231 Estimate of cost of repairs given 209 233 Meetings, see. None held in city or town 213 .... 7 207 .... 4 Notice of, necessary 209 .... 7 Others held on call of directors 207 232 Legality of, Avho determines 207 232 Notice of 207 232 Want of not to vitiate 207 232 Plurality vote controls 209 8 Repairs to school houses ordered at 207 232 Voters at, who are 206 .... 1 207 .... 3 207 232 SCHOOL MONTH— Length of , 202 223 SCHOOL ORDERS— Promissory notes, see. SCHOOL PROPERTY— Deed for must be secured 219 249 Joint district, title to, how held 224 .... 1 Lands, see. School houses, see. Title in school corporation 219 249 "When may be sold 222 252 222 2 472 SCHOOL LAW OF INDIANA. SCHOOL SECTION— page. Lands, see. Proceeds of sale of, who manages 279 SCHOOL SUPPLIES— Suit to recover price of 116 Teachers may testify concerning 116 SCHOOL town- Tow n, see. Suit against, how brought 115 SCHOOL TOWNSHIP— Banks, receiving funds of, liability 116 Borrowing money, when liable for 115 Suit against for, how brought 115 Civil and school district 114 Funds kept separate 114 Contract, may make 114 Corporation, is 114 Devise, may be made to 114 Ejectment for school house, may bring 115 Funds of kept separate 114 On hand, can not borrow more 116 Name of 114 Courts do not notice 116 School house, builds 115 School supplies, suit against to recover cost of 116 SCHOOL TKUSTEES— Trustees, see. SCHOOL WEEK— Length of 202 SCHOOL YEAR— When begins 207 SEAL— State Board of Education of 59 Record of 59 SEMINARIES— Sale of lands void 52 SETTLEMENT— County Treasurer make with State 162 SINKING FUND— Interest of apportioned 166 SIXTEENTH SECTION— Grant of was a contract 54 Judicial notice of substituted section 280 SEC. NOTE. 12 12 98 98 223 232 22 22 158 162 13 10 10 1 1 3 5 1 14 18 5 12 4, 5 2 INDEX. _ 473 SLArvDER — page. seo. note. Charge of cruelty against teacher, is not 215 16 Libel, see. SPECIAL SCHOOL EEVENUE— Proceeds of sale of school property belong to 222 252 STATE BOAKD OF EDUCATION— Books and papers of, where kept 59 22 Open to inspection 59 22 County Superintendent carries out orders of 105 86 Duties and powers 60 23 Fii-st Board, composition of .......= 60 , ^ . . 1 Governor, member of 59 22 Meetings of 59 22 Stated, holds 61 24 Membership of 59 22 Mileage of members of 63 25 How obtained 63 25 Normal school, appoints visitors for 323 480 Pay of members 63 25 How obtained 63 25 President of 59 22 Of Purdue University, a member of 59 22 Of State Normal, a member of ; 59 22 Of State University, a member of 69 22 School Book Commissioners are 53 .... 2 Seal of 59 22 Secretary of, and his duties 59 22 State certificates, grants to teachers 61 24 Signing, who does 61 24 Who entitled to 61 24 State Superintendent of Public Instruction a member of. 59 22 State University Trustees, appoints 329 494 Teachers' certificate, grants 61 24 Treasurer of 59- 22 STATE LIBRARY AND LIBRARIAN— Appropriation for 366 635 Assembly, papers of, preserve 367 639 Bond, ofBcial, of 364 628 Books, purchases of 366 635 Accounts of, keeps 365 633 Catalogue of, keeps 365 633 Exchanges for 366 635 Injury or losing, punished 368 647 Missing, duties of Librarian 368 642 Purchases of 366 635 474 SCHOOL LAW OF INDIANA. STATE LIBRAEY AND LIBRARIAN— Continued. page. sec. Books, removal of, forbidden 365 630 368 646 Reports names of, missing 368 642 Use, not transferable 365 632 Documents, collected and bound 366 637 Election of 364 626 Embezzlement by 367 641 Exchanges and sales by 367 641 Fines, pays, to State Treasurer 366 634 Journals and laws, preserves 367 638 Leaves and law books, keep separate 366 636 Legislative papers, preserves 367 639 Library, open, when 364 629 Who may use 365 631 Management of 364 625 Removal of 368 645 Report of ' 368 645 Salary of 368 643 Assistants, of 368 643 Janitors, of 368 643 State Board of Education controls 364 625 Term of olBce 364 627 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION— Appeals to 257 328 Apportionment, prints statement of 162 157 Where filed 162 157 Balance of, duty as to 164 160 Revenue of, makes 160-178 151-176 Appropriation for, annual 55 11 Attendance on business of office 55 11 Blanks, prepares 58 18 Books and papers of office, keeps 55 11 Delivers to successor 59 21 Bookkeeping, forms for, prepares 58 19 Clerks of office 55 11 Additional 56 .... Correspondence, when reports 56 13 Counties, must visit 56 13 County Auditor's books, examines 57 14 Defaulting, brings suit against 319 466 School revenue, reports 160-161 152-155 County Superintendent reports to 109 SO, 86 Duties, generally 55 11 57 14 Prescribed by law 54 8 Election of 54 S 55 9 INDEX. 475 STATE LIBEARY AND LIBRARIAN— Continued. page. sec note. Enumeration, reports to Governor 56 12 Forms, prepares 58 18 Funds, supervises 58 16 Deficit in, duties as to 277 361 Diminution of county, when 161 155 Report to, as to divided township 283 371 Report as to 55 12, 13 Suit for, may order 58 16 General Assembly, reports to 56 13 General superintendence of schools, has 55 11 Governor, reports to 55 12 Instructions furnishes 58 18 Lectures on schools, delivers 57 1-4 Legislative documents, receives 59 21 Libraries, furnishes books to 59 21 Normal School, is trustee of 320 468 Oath of 55 10 Office provided for 55 11 Opinions, gives, on school law 55 11 Can not be used as a defense 56 2, 3 Plans for schools proposed 56 13 Prosecuting Attorney may direct 58 16 Recommendations made 56 13 Reports to , 283 371 286 381 318 462 58 17 91 73 100 80 *■ V ^ V - 105 86 124 104 137 112 160 to 161 152 to 155 335 518 From county officers, may require , . 58 17 Reports to General Assembly 56 13 Contents 56 13 To Governor 56 13 Contents 56 13 Printing and distribution 56 13 Revenue, apportions 56 13 Reports as to 55, 56 12, 13 Supervises 58 16 Salary of 55 .... 1 School books, duty as to 68-73-85 32-42-64 School laws, prints and distributes 90 71 79 53 Opinions, gives on 55 11 476 SCHOOL LAW OF INDIANA. STATE LIBRARY AND LIBRARIAN— Continued. page. sec. note. School officers, must meet 55 12 Schools, manages business of 55 11 State Board of Education, duties as to 59 22 State University reports to 335 518 Is visitor of 334 513 Statistics reports 56 13 Suit may bring to protect school fund , , 58 16 Teachers, counsels with 56 13 Term of office 54 8 When begins '. 55 10 Traveling expenses of 57 15 Appropriation for 57 15 Visits each county biennially 57 14 STATISTICS— County Superintendent reports, when 107 89 Kind to be reported 108 .... 1 Pay for reporting 110 .... 4 Superintendent of Public Instruction reports 56 13 STATUTE OF LIMITATIONS— Does not run against school funds 53 .... 2 Limitations, see. STUDY— Branches taught, see. Course of study, see. Authority of County Superintendent as to 106 .... 4 General Assembly's power over 51 7 Regulated by trustees 106 .... 4 STATE UNIVERSITY— Agricultural department in 337 526 Alumni, defined 330 499 Annual meetings of 331 501 Nomination of trustees by 331 500 Method of voting for 331 502' Registering 330 499 Appropriation for repealed 363 624 Bond to, now negotiable 326 487 Books from State Library to . . 337 529 Building and repairs. Committee of 336 524 Catalogue, how printed 336 .... 1 Colored pupils admitted to , 333 .... 3 Donations to by city, etc 353 ] Endowment tax for 325-327 485-490 Establishment of 325 484 Faculty of, lectures by 335 519 Buildings cared for by 336 524 Powers of i 332 507 Vacancies in . o .,..-.,.., v ». 332 504 INDEX. • 477 STATE UNIVERSITY-Continued. page. sec. note. Fund of, how derived 338 531 Borrower of, abstract rnade by 340 540 Accounts with 343 556 State Auditor's warrant to 340 541 Loan of , 338 532 343 557 County Auditor makes now 353 597 Interest on 339 536 Judgment "for 341 545 Liens, certificates as to 340 539 Limit as to 339 535 Mortgage, to secure 339 533 Form of 339 533 Priority of 340 537 Recording of 340 538 Satisfaction of 340 541 Note for, form of 339 534 Payment of 340 542 Restrictions as to 339 535 Unpaid, how collected 341 544 State Auditor's pay for managing 344 560 Can not loan now 353 597 Treasurer's pay for managing 345 565 Payments to 352 596 340 542 Receipt of 340 542 Geological examinations 335 520 Lands, how cared for 344 558 Appraisement of 346 469-470 Certificates of entry of 348 578 Assignment of 348 578 On cash sale 342 552 Patent on 344 559 Purchaser gets 347 576 Record of 348 577 County Auditor sells, when 346 571 Lands, County Auditor's pay on sale 3.50 589 Registers certificate. 348 577 Report by, as to 350 586 County officers' duty as to 352 595 Lands, County Treasurer's pay for sales 350 589 Reports by, as to 350 587 Extension of payment on 345 f306 Forfeiture prevented 345-348 567-581 In Ringold County, Iowa 349 .... 1 Money, how paid 344 562 Notice of sale of 341-346 546-572 Patent issued, when 349 585 PAGE. SEC. 478 ■ SCHOOL LAW OF INDIANA. STATE UNIVERSITY- Continued. Lands, Pay of Commissioners 345 563 Payment of State Treasurer 350 588 Purchase by Auditor, when 342 548 Purchaser secures against waste 349 583 Recording and patents 345 564 Redemption of 349 582 , Sale, place and manner of . , 346 572 Certificate for deed 342 552 Credit for interest, how 34-2 553 Fees and damages 343 554 Forfeited lands, of 845 568 Mortgaged lands, of 341 547 Overplus, disposition of 342 549 Proceeds of ' 351 591 Report of 351 592 Re-sale by Auditor . . . -. 342 548 Statement of 342 550 Terms of 347 574 Trustee must attend 351 593 Surplus to forfeiting purchaser 350 590 Title to, how evidenced 348 578 Reverts to State, when 348 579 State in, without deed 342 551 Trustee attends sale 351 593 Lands, can not buy 352 594 Unsold, subject to private entry 347 575 Lease of 344 560 Waste, liability for 349 584 Loans by 297 414 Mineralogical collection 335 520 Normal department of 336 525 Old University site, sale of 353 2 Private corporation, is 324 .... 1 Proceeds of Seminary lands to 332 505 Religious qualifications, none 333 508 Report, annual, of trustees 336 522 Printing of 336 521 Superintendent Public Instruction, to 335 518 Rules, students must obey 333 .... 1 Scholarships transferable 337 527 Perpetual, fee for 337 528 Secret societies, adopting rules as to 333 .... 2 Secretary, election of 328 491 Duties of 334 516 Sectarianism excluded 333 509 Sessions of, notice 336 523 State Geologists aid museum 33S 530 Faculty belongs to 338 530 INDEX. 479 STATE UNIVERSITY— Continued. page. sec. Students from each county 338 510 Notice to counties about 333 511 Religious test not required 333 508 Tuition free for 333 510 Tax to endow 325-326 485-487 362-363 623-624 Treasurer, election of 328 491 Bond of 333 512 Duties of 334 517 Trustees, Board of 328 491 Allowances, make 332 506 Alumni elect part. 331 , 500-502 First, who were 328 492 Meetings, annual 332 503 First, where held 329 493 Pay of 329 495 President of 328 491 President State Board of Education 59 22 Quorum of 332 504 Report of 336 522 Terms 329-330 496-498 Vacancies 329 494 333 504 When elected 329 496 Visitors, Board of 334 513 Duties of 334 515 Report as to absentees 334 514 SUBROGATION— On void sale under mortgage 308 ..... 313 SUIT— Attorney-General may bring as to school funds. ....... 278 Bond of Township Trustees, how brought upon 115 City, how sued as to school matters 115 Civil corporation, can not sue for school matters 119 Congressional township fund for, how brought 317 County Superintendent may sue Township Trustee. . . . 110 To protect school fund 110 93 Against for neglect as to enumeration 110 93 Ejectment for school house site, who brings 115 Foreclosure of mortgage 304 307 Deficiency, for 307 How brought as to school matters 127 255 324 255 12 6 3, 6 4 7 5 1 1 5 5 1,2 3 4 1,2 480 SCHOOL LAW OP INDIANA. SUIT — Continued. page. Mortgage, to cancel 305 303 296 Pleadings, must designate defendant 115 Process in, how served 255 326' Prosecuting Attorney brings 58 16 Eight to bring not abridged . 105 86 School books, for proceeds of sale 70 34 School corporation may bring 118 99 How brought for or against 118 .... School supplies, averments in pleadings as to 116 .... School township may be sued 114 98 May sue 114 98 Settlement with county, when no bar to, by State 54 .... State Superintendent may bring 59 16 Summons, who served upon 119 Teacher, to recover wages 123 211 Wrongful dismissal, for 257 Taxes for schools, civil township not liable as to 115 To set aside contract, for friend 126 Town, how sued 115 121 Township Trustee may sue predecessor 126 Treasurer against predecessor 123 Trustee against, by Count)' Commissioners 126 105 Enumeration, liability as to 106 87 On bond for school books 76 46 Predecessor, may sue 129 .... Township debt can not be sued for 115 .... SULLIVAN— Bonds for. ... : 170 summons- How served on school corporation 119 .... 255 32.6 Sufficiency, as to service 238 SUPPLIES— Delivery to Township Trustee, what is not 136 .... Furniture, see. SUPERINTENDENT— Cities and towns of 137 111 County Superintendent, see. State Superintendent of Public Instruction, see. NOTE. 4 3 4 6 3 12 11 36 9 13 7 7 14 17 8 11 11 29 INDEX. 481 PAGK. SEC. NOTE. SURPLUS REVENUE— Common school fund belongs to 51 2 275 359 Fund, see. Revenue, see. SWA^P LAND— Fund from belongs to common school fund 51 2 275 359 TARDINESS- Pupil may be detained for 134 . . , , 18 TAX— Annually levied 145 133 Apportionment of State, as to 145 133 166 .... 7 Bank stock liable for 147 4 Bonds to complete school buildings 170 166 Application of tax to 170 166 Library, to pay for 240 290 Collection of special school 147 .... 5 148 136 Compulsory education, for 263 342 Constitutional limit 147 .... 6 Corporations on, belong to school fund 51 2 County Auditor assesses 148 136 Treasurer collects 148 136 Debts to pay 150 139 Mandate to compel application of. 150 .... 1 Endowment tax for Purdue University 362 623 For State Normal 362 623 For State University 362 623 Exemption on certain 146 135 Expenses of schools, for 146 135 General Assembly does not levy. 51 .... 6 Kindergartens, to support 140 118 Lands mortgaged, is liable to , 302 .... 4 Levy 264 346 266 348 Library, private, to aid 235 282 251 315 Amount of 288 385 Collection 288 385 Lien of, subject to school fund mortgage 304 .... 2 302 .... 3 Local tuition, anticipating 150 .... 1 Collection 148 137 Constitutional , is 148 .... 2 Estimate of amount needed 148 137 How expended 149 138 Transfers, liable to 150 2 31 — ScH. Law. 482 SCHOOL LAW OF INDIANA. TAX — Continued. page. Local tuition, unexpended balance deducted 148 Who levies 148 264 Levy, by State 133 General Assembly does not make 51 Manuial training school, to support 197 Mortgage for school fund, superior to 312 313 Penalty concerning does not belong to school fund .... 277 Petition to levy tax to complete school house, not neces- sary 169 Poll tax 133-148 School Commissioners may levy for schools 237 For support of library 237 Quietus as to 239 Eeceipt of receives 238 Report as to 238 School revenue for tuition fund 133 Special school, collection of 147 County Auditor places on tax duplicate 148 Levy for school house and apparatus 146-150 Paid to School Trustees 148 Valid 147 Who levies 147 Town, levy for school houses 151 For school tuition 151 For bond tax levy 170 Uniform, must be 146 What is 147 TAX TITLE— Subject to school fund mortgage 302 304 TEACHERS- Abolition of school does not annul contract with 123 Alcohol and narcotics, effect of, must teach 205 Dismissal for refusing to teach 206 Appeal concerning dismissal of 256 Assaulting, what is 219 Bible, can not be compelled to use 200 Blank, in contract with, filling by oral evidence 211 City of 100,000, selection 188 Contagious disease does not deprive of salary 135 Contract, complaint to enforce, sufficiency , 123 Blanks for 215 Must not contravene the law 214 Must be with school corporation 132 Signing 123 218 SEC. NOTE. 137 1 346 133 214 133-137 286 286 288 287 287 133 136 135-139 136 140 140 166 134 228 230 237 186 240 2 5 14 1 2,3,7 3 2 32 2 2 2,3 19 36 31 3 INDEX. 483 TEACHERS— Continued. page. Contract, Verbal, is valid 132 Written, must be 215 239 Corporal punishment, may inflict 218 De facto board or trustee may employ ... 122 123 218 Dismissal by abolishing department, illegal 214 Can not be except for cause 213 In cities and towns 214 Improper, school corporation liable 213 211 Injunction to prevent 214 On petition 211 For cause only 211 Notice of, must be given 211 Eef usal to teach effect of alcohol 206 Vote of patrons not necessary 215 Without cause 215 Employment of 211 131 What is sufficient as to 214 When must be given 216 Who shall not be employed 211 Epidemic, entitled to pay during 214 Examination 95 Exemption from, when 95 98 How conducted 95 Principals of high school 98 Public, must be 100 Special 216 Studies in 95 When held 100 ^, Holidays, entitled to 213 House for, must furnish 143 Immorality sufficient to revoke license 100 Insulting, penalty 219 Judgment for services, how satisfied 165 211 License, must have 211 211 Expiring during terms 211 Length of 95 Not having employment, trustee liable 214 License, professional, examination for 61 Refusing, when County Superintendent liable 98 Revocation of 99 78 Practice 99 238 238 238 230 17, 18 238 108 242a 238 77 77 77 3 28 35 11 13 5 I 5 2 15 18 12 10 243 77 1 6 1 3 248 2 2 238 1 238 77 8 2 3 484 SCHOOL LAW OF INDIANA, TEACHEES— Continued. page. License, Special 205 State, issuance of 61 Examination for 61 P'ee for 61 Old trustee can not employ 216 Old law as to '. 123 Patrons can not select 132 Pay, lack of funds no defense to suit for 21 L None until makes report 142 Eate 215 Sufficiency of complaint to recover 216 When forfeited '. 211 When attending institute 230 Principals of High Schools, examination of 98 Protest against, effect 213 Sufficiency of 213 Pupil, power to discipline 217 Eeport, must make 142 Contents of 142 Failure to make, part pay only 142 Private school, as to, when to be made 220 Suit for pay, proof as to 142 Eesignation of 133 Eules, may adopt 122 Slander as to, what is 215 State Board of Education issues State certificate to 61 Fee for 61 Signed by whom 61 Subjects examined on 61 AVho entitled to 61 State Superintendent confers with 57 Suit by, how brings for wages 211 For dismissal, may bring 257 Proof as to making report 142 Term of employment, when begins 216 Trustee not liable for pay of 165 Who can not be employed 211 TEACPIEES' INSTITUTE— County Superintendent encourages 105 Institutes, see. TEEMS— Length of school 202 Uniform, must be 201 24 24 242a 125 241 238 125 125 125 250 24 24 24 24 14 242a 238 86 223 222 TEXT BOOKS— School books, see. INDEX. 485 1 IE VOTji; page. sec. note. County Auditor gives casting, when 91 73 TITLE— Joint district, liow held for sclirf)ol property 224 .... 1 Joint graded school, how held for property of 137 112 137 \... 1 TOWN— Abandonment, township trustee takes charge of 124-132 101-102 4 Bonds for buildings, may sell 168 164 District school meetings, does not have 207 .... 1 Dog Fund, entitled to a part of .... 1 Incorporating, entitled to school house 220 .... 2 To a division of School Fund 118 4 136 .... 24 Joint graded schools in 137 112 Library, see. Name of 118 1 Pupils outside may attend 170 166 Schoolv corporation is 118 99 School revenue, surplus in 141 123 School town, see. School Trustees, election of 119 100 Oath of 119 100 Organization of 119 100 Pay of 119 100 How paid 119 100 Reorganization of 119 100 School Board constitutes 119 100 Vacancy in board 119 100 Suit against, how brought •. 121 .... 8 How brings 255 324 255 .... 1,2 Costs of, when not recoverable 225 325 May bring 118 99 Superintendent for, employment of 137 111 ■ Duties 137 111 Old board can not employ 133 .... 7 Salary of 137 111 Truant officers, duty as to 261 336 Tax to complete school houses 152 140 For schools 152 140 Township revenue, entitled to a part of, when 166 .... 5 Township Trustee, when assumes control of 124 103 Trustees, see. Bonds, gives 119 100 Election of 119 .... 2 119 100 ■ Fined for not reporting 144 127 486 SCHOOL LAW OF INDIANA. TOWN — Continued. page. sec. Trustees, office of lucrative 121 .... President of Board of 119 100 Resignations of 120 .... Secretary of Board of 119 100 Township Trustee may be elected member of Board of 120 Treasurer of Board of 119 100 When not to be elected 124 101 Unincorporated, bequest to aid 224 255 Bonds for 224 255 Petition for 224-225 255-257 Sale of 225 257 TOWNSHIPS— Civil township, see. Corporation, is 114 98 Incorporating town within, school house belongs to. . . . 118 Judicial notice not taken of 119 Liability for supplies 129 Name of 118 Promissory note, see. School corporation, is 118 Who trustee of 118 Suit, how brings 255 255 114 Costs of, when not recoverable 255 May be sued 114 98 118 99 Town incorporating entitled to part of revenue of 130 .... 24 TOWNSHIP INSTITUTES— , ' County Superintendent visits 105 86 Institute, see. TOWNSHIP ORDERS- Consideration, none, order void 117 .... 16 Conspiracy to issue, avoids 117 15 Promissory note, see. Trustee not liable on 117 .... 24 117 .... 22, 23 TOWNSHIP TRUSTEE— Accounts of open to inspection 145 130, 131 Correction of 145 132 Keeps 126 105 Reports as to 126 105 Approval, effect 126 105 Contents of 126 105 Filed with County Superintendent 126 105 4 9 14 1 99 99 324 1, 2 98 325 INDEX. 487 TOWNSHIP TRUSTEES— Continued. p^oe Advances, making, may recover, when 129 Advisory Board, see. Annual statement of receipts and expenditures 131 Appeal from 256 Apparatus, purchases for schools 131 Auditing board, see. Bond of, approved by County Auditor 124 Borrowed money does not cover 124 Covers both civil and school township funds 126 How sued on 115 Borrowing money, can not 128 129 Township receiving benefit of 128 Bribing, what is 136 Cash, advancing to teachers, allowance for 214 Compulsory education, duties as to 263 264 Contracts, can not make with himself 132 Notice of power to make 119 Power to bind township , 116 Course of study in schools, controls 106 County Board of Education, member of Ill Debt, power to incur 202 Deed, executes for annexed school house 222 Must secure, when 219 De facto officer, who is 121 Contracts of, binding.. 117 122 130 Directors, appoints, when 206 Discretion of, not reviewed 136 Duties to schools, generally 131 Educational affairs of township, takes charge of 131 Election of, when held 259 Election of County Superintendent, adjournment with- out 92 Mandamus to compel 92 Meeting to hold 92 Present and not voting 94 Quorum for 92 Eligibility of 125 Embezzlement as to school books 71 77 83 Enumeration takes 151 Affidavit as to 159 Failing to make, liable for cost of 106 Eeports to County Superintendent as to 159 SEC NOTE. 18 107 327 108 104 1 13 4 7,9 12 8 24 14 343 341 5 10 11 4 97 252 249 8 19 28 21 231 26 108 108 332 3 16 2 8 38 49 61 141 149 87 48rf SCHOOL LAW OP INDIANA. TOWNSHIP TRUSTEES— Continued. page. Estimate of expenditures 267 Fine lor failing to serve 144 Furniture, provides ' 131 Graded schools, may establish 131 Admission to 131 .loint in cities and towns 137 House, has charge of 134 Judicial notice taken of powers of 118 Justice of the Peace can not be 122 Land, congressional, has charge of 131 Duties as to 279-294 Leasing school lands without vote, can not. 281 Liability and suit against ^ 126 For township debt 115-126 Library, see. Annual Report of additions 143 Mandamus against to compel delivery of records 121 To compel election of County Superintendent 121 Mistake, not liable for, when 34 Money, of township, title to, has 124 interest on, when not entitled to 124 When not a conversion of 124 Neglect of duties, liability for 144 -Oath, failure to take 123 Office of is lucrative 125 May be abolished 121 Over payments, recovery 125 129 Powers 132 Property of schools, has charge of 131 Receipt of school books acknowledges 73 Record of finances, keeps 269 Refunding to, act as to void. 130 Reports to County Superintendent of receipt of school books 73 Of sales of school books 73 82 To State Superintendent 58 Report, when makes 143 Contents of 143 Report, failure to make, penalty 144 Files with County Superintendent 126-143 Teachers make to 143 Requisitions for school books makes 73 Limit of 73 Scaling down 73 Resignations, filling vacancies 125 SEC. NOTE. 349 129 108 108 108 112 15 18 17 108 363-406 105 126 128 108 42 352 42 42 58 17 126 126 127 105-126 125 41 41 41 15 12 12 18 39 10 10 23 INDEX. 489 TOWNSHIP TRUSTEES— Continued. page. sec. note. Kevenue for tuition, duties to 130 106 Former acts legalized 142 124 Manages 130 105 Receives 130 105 Rules, may adopt 122 .... 22 School books, cares for 78 51 Damaged returned 78 51 Notifies County Superintendent as to 78 51 Duty as to price marks 79 52 Failure to perform duty as to 83 60 Judgment for 83 60 Liable for, when 73 42 Money for, receives 69 33 Note in payment, can not give 73 42 Over purchase of 78 51 Pays for, when 73 42 How 73 42 Personally liable for 68 32 Receipt for, gives 68 32 Reports sales to dealers 81 56 Makes quarterly 69 33 Takes charge of 68 32 School houses, see. * Numbers 201 222 Schools, locates 131 108_^ School lands, has charge of 279 362 Income from reports 279 362 Leasing by 280 364 Can not without vote 281 .... 2 Petition for sale of 293 404 Powers as to 284 373 Purchaser enjoined by 286 381 Rents of, liable on bond for 280 .... 1 School section managed by 281 365 Vote as to sale of, certifies 285 378 Settlement makes 270 353 Special tax for schools, levies 1 47 .... 2, 3, 4 Statements, yearly, must make 131 107 Sues predecessors 126 .... 14 Suits against by County Superintendent 106 87 Tax, annual levy makes 148 137 Special levy, to pay debts 150 139 Teachers, employs 131 108 Not liable to for pay 165 .... 3 Terms of office 259, 172 332, 354 To fill vacancy 1 25 5 Towns or cities, extension of 121 .... 13 Abandoning organization 132 .... 4 490 SCHOOL LAW OF INDIANA. TOWNSHIP TRUSTEES— Continued. p^ge. sec. note. Towns or cities, Assumes control of schools, when 124 103 Township Trustee is School Trustee 118 99 Transfers, makes 155 142 Tuition, misapplying, liability 131 .... 1 Vacancy in office, how filled 259 333 260 .... 2 125 .... 5 124 104 TRANSFERS— Appeal concerning 256 327 257 On refusal to make 156 When decision on is final 156 Better accommodations, what are 156 Bond tax, liable for 170 166 Corporations to which transfer is made must receive . . 156 County Auditor's duty as to 156 Enumeration of persons transferred 151 141 Land of taxable 156 Law as to taxation of land is valid 170 Request for necessary 155 142 Taxing person and property transferred 156 156 170 When not liable for 170 166 To what corporation 156 When can not be disputed 156 When must be made 155 142 155 13 13 5 10 6 1 7 8 3,4 4 12 TRAVELING EXPENSES- Appropriation for 57 15 TRAVELING LIBRARY— Library commission, see. TRIAL - On appeal from Township Trustee 256 On appeal from County Superintendent 257 How conducted 258 TRUANT OFFICER— Appointment for county 260 For city or town 261 Duties of 260 Pay of, for services 261 Reports 262 Truancy, notice of, gives 260 327 328 335 336 335 337 338 335 INDEX. 491 TKUSTEES, SCHOOL BOARD— page. Accounts, must keep 126 Acts as a unit 121 Two acting together, majority 122 Bond of 119 Approval of, by County Auditor 124 City, bonds (official) give 119 City Clerk may be 122 De facto, old, holding over, when not 125 May make contracts 123 Defalcation, only one making liable 122 Election of 119 How elected 119 Irregularity as to, acquiescence in 122 Time of 120 Majority of, can only bind board 122 123 Meetings of 119 Number of, needed 68 Names reported to State Superintendent 124 Oath of 119 Office of, is lucrative 121 Old hoard, acts of, binding on 121 123 Organization of 119 Bonds of 119 Pay of 119 How paid 119 President of 119 Keorganization of, when to be made 119 Report to County Commissioners 126 Resignations of 119 Revenue, special, manages 126 School Board, of city, becomes 119 Secretary of 119 Superintendent may employ 137 Terms of 119 City, treasurer of 119 Bond of 119 Vacancy in 119 When elected 119 Town, bonds gives 119 Election of 119 Time of 119 When not held 124 Oath of 119 Office of, lucrative 121 .... Organization of 119 100 SEC. NOTE. 105 14 25 100 104 100 20 9 35 27 100 100 29 2 18 33 100 32 104 100 6 11 30 100 100 100 100 100 100 105 3 105 100 100 111 100 100 100 100 100 100 100 2 101 100 492 ■ SCHOOL LAW OP INDIANA. TRUSTEES, SCHOOL BOARD— Continued. page. sec. note. Pay of 119 100 How paid 119 100 President of 119 100 Reorganization of 119 100 Resignation of 119 .... 3 School board constitutes 119 100 Secretary of 119 100 Town trustee may become school town trustee 119 .... 1 Treasurer of 119 100 Bond of 119 100 Vacancy in board 119 100 Township Trustee, see. TUITION— Free, must be 50 Fund of, wliat consists of 275 Local, how expended 149 Anticipating 150 Not apportioned by County Auditor. 164 Transferred persons subject to 150 Revenue, see. Tax for 148 Collection 148 Estimate of amount of , 148 Unexpended balances deducted 148 When must be expended 207 UNIFORM— Schools must be, how secured 50 50 In time, must be 201 201 Taxes for schools, must be 146 What is uniformity in 147 VACANCIES- Township Trustee's office, how filled 124 125 259 Term of 125 VACCINATION - School trustees may require , 119 .... 4 VOTERS— At district school meetings 206 .... 1 648 207 .... 3 207 232 Married women are not 149 138 1 138 1 161 2 137 137 137 137 232 1 3 222 1 134 8 101 5 333 5 INDEX. • 493 VOUCHERS PAGE. SKC. NOTE. Trustee must file with report ...... = ......... 126 105 WILL— School township may take devise by 115 .... 3 WOMEN— Married, eligible to school office 258 330 Official bond, can give 259 331 Voters at school district meeting, are not 149 138 ' Members of library board 242 294 SVIAH 20 1902