Book ' ^^ X i pi CBEINEIRAL. PUBLIC SCHDDL LAWS -OF- ^ A LAB AM A. K- •^MQOl.i^ ISSUED JOHN w. abeircrombie:, SUPERINTENDENT OF EDUCATION. A. ROEMER, STATE PRINTER AND BINDER, MONTGOMERY, ALA. 1901. GEINEIRAL PUBLIC SCHDDL LAWS -OF — X55 -^ A L AB A M A. ^ ■^ 1901. i^ SJ^7. ISSUED JOHN w. abeircrombie:, SUPERINTENDENT OF EDUCATION. A. EOEMER, STATE PRINTER AND BINDER, MONTGOMERY, ALA. 1901. s ^'^ DEPARTMENT DF EDUEATIDN. John W. Abekcrombie, Harry C. Gunnels, Superintendent of Education, Chief Clerk. William Denman and H. S, Abeecrombie; Miss Bessie Hood, Bookkeepers. Stenographer. BTATE BDARD DF EXAMINERS. JOHN W. ABERCROMBIE, Ex-Officio President. JOHN L. DODSON, Secretary. GEORGE W. BROOK,| III BirCHAN98. ~- PUBLIC SCHOOL LAWS OF ALABAMA. ^ Article I. PUBLIC SCHOOL FUND. 3539. Appropriations for public schools. — For the main- tenance of a system of public schools throughout the State, the following sums of money are hereby appro- priated for each scholastic year, to-wit : 1. The annual interest at six per cent, on all sums of money which have heretofore been, or which may hereafter be received by the State, as the proceeds of sales of lands granted or intrusted by the United States to the State, or to the several townships thereof, for school purposes. 2. The annual interest at four per cent, on that part of the surplus revenue of the United States, deposited with the State under the act of congress approved June 23, 1836. 3. All the annual rents, incomes and profits, or in- terests, arising from the proceeds of sales of all such lands as may hereafter be given by the United States, or by this State, or by individuals, for the support of the public schools of the State. 4. All such sums as may accrue to the State as es- cheats ; the same to be applied to the support of tlio public schools during the scholastic year next succeed- ing their receipt in the State treasury. 5. The further sum of five hundred and fifty thou- sand dollars, from any money in the treasury not other- wise appropriated. (As amended.) 6. The net amount of poll-tax that may be collected in the State ; the poll-tax collected in each county to be retained therein for the support of the public schools thereof, and distributed and disbursed as provided in. this chapter. 7. All rents, incomes and profits received into the State treasury during the scholastic year from all lands heretofore donated by the congress of the United States for the support of the public schools, and remaining un- sold, which shall be applied to the support of the public schools during the scholastic year aext 8ucs'©H£#i»g their receipt into the treasury. 8. Licenses which are by law required to be paid into the school fund of any county ; to be promptly paid by the judge of probate, or other person collecting the same, to the county superintendent of education, and to be expended for the benefit of the public schools of such county. 3540. When appropriations accrue, and placed to credit-' of educational fund. — All such appropriations, except the poll-tax, shall accrue to the educational fund on the first day of October, in each year; and on that day the State auditor shall place to the credit of that fund, on the books in his office, all such amounts as accrue thereto from the sources in this article mentioned, except the poll-tax, for the scholastic year beginning on that- dav- Article II. general designation of officers. 3541. Officers for administration of public schools. — " For the administration and government of public echools • in this State, there are the following officers : 1. The superintendent of education. 2 A county superintendent of education in each county. 3. Three township trustees in each township. Article III. SUPERINTENDENT OF EDUCATION, 3542. Term of office ; salary .-—The superintendent of education holds office for the term of two years from the time of his installation in office, and until his successor is elected and qualified, and shall receive a salary of two thousand two hundred and fifty dollars per annum, pay- able in monthly installments, on the last day of each month . 3543. Oath of office and bond. — Before entering upon the duties of his office, he shall take the oath of office prescribed by the constitution, and shall also give bond, with sureties to be approved by the governor, in the sum of fifteen thousand dollars, conditioned faithfully to discharge the duties of his office so long as he shall remain therein, or perform any of the duties thereof; and such bond shall be filed in the office of the secretary of state. 3544. Office and books, pa,pers and records. — He shall have an office at the capitol of the St^te, where the bonds, papers and records of his office shall be kept, and where he shall give attendance when not absent on offi- cial business ; and it shall be the privilege of all persons interested to have access, at all proper hours, to the books, papers and records of the office. 3545. Clerks and their salaries. — He is authorized to employ four suitable clerks for service in his office ; and such clerks shall be allowed salaries as follows : One, •fifteen hundred dollars per year; two, twelve hundred 6 dollars per year each ; one, five hundrerl dollars per year, to be paid as the salaries of other department clerks are paid. (As amended.) 3546. Duties of superioitendent of education. — The du- ties of superintendent of education shall be as follows : 1. He shall devote his time to the care and improve- ment of the common schools, and the promotion of public education, and shall exercise a general super- vision over all the educational interests of the State ; and to this end, he shall have power to require from the county superintendents of education, townsnip trus- tees of public schools, and all other school officers, all such reports and information relating to the educa- tional fund, or the condition of the schools and man- agement thereof, as he may deem important, or as may be prescribed by law ; and he may remove from office any such officer for failure to make such report, give such information, or discharge any other official duty. 2. He shall annually, as far as practicable, visit every county in the State for the purpose of inspect- ing the schools and their management, the accounts of county superintendents of education and other school officers, and for diffusing as widely as possible, by personal address and personal communication, infor- mation as to the importance of public schools and the best method for their management ; and he shall en- courage and assist at organizing and conducting teach- ers' and superintendents' institutes. 3. He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part, by public money, or under State control, in hy- giene and physiology, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. 4- He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part, by public money, or under State control, in the constitution of the United States and the constitution of the State of Alabama. 6. He shall annually apportion the public school fund to the various townships and school districts ac- cording to the entire number of children of school age and shall see to the proper disbursement of the same ; and to this end, he shall keep an accurate account with all officers who may be custodians or disbursers of the school fund, or any part thereof. 6. He shall prepare all forms, and have printed and distributed all such blanks as may be necessary, or as may be required by law, in the administration of the public school system. 7. He shall furnish the county superintendents and other school officers all necessary books for keeping their accounts and records, to be and remain public property ; and he shall prescribe a uniform system of keeping such accounts and records. 8. He shall take receipts for all such books so fur- nished by him to school officers, and such officers shall take good care thereof, and turn them over to their suc- cessors in office. 9. He shall keep a debtor and creditor account with each township, or other school district, in the State, of all funds accruing thereto for educational purposes. 10. He shall keep an accurate account of the capital of all sixteenth-section or other trust funds, to which each township or school district may be entitled, show- ing whence and when such funds were derived. 11. He shall preserve in his office all bonds of school officers and others required to be filed therein . 8 12 . He shall cause suits to be instituted and prosecuted against all defaulters to the educational fund, and for this purpose may employ attorneys; but he shall not have power to contract to pay such attorneys out of the educational fund more than ten per centum of the amount recovered by them in such suits ; and out of such fund he may pay such lawful costs as may be taxed against him as superintendent of education, in case he is cast in any of such suits. 13. He shall require and supervise the collection of all poll-taxes. 14. He shall, by correspondence, exchange of official reports, and other proper means, elicit information rela- tive to the system of public education in other States and countries, and disseminate all useful knowledge re- garding the same among the county superintendents and other school officers in the State. 15. He shall collect in his office such school-books, apparatus, maps, charts and specimens of improved school furniture as can be obtained without expense to the State, 16. He shall prepare and have printed, in pamphlet form by the public printer, all laws, rules and regula- tions pertaining to the public school system of the State, including therein the constitution of the United States and the constitution of the State of Alabama, and cause the same to be distributed among the county superin- tendents of education, and other officers connected with the school system, for the iuformation of those interested in the educational interests of the State. ^17. He shall hold, or cause to be held, within each' congressional district, one or more teachers' institutes, to be conducted by a teacher experienced in and familiar with the most improved methods of instructioii, for a term of one week or more during the summer months of 9 ■each year ; and for such purpose may, from time to time, certify to the auditor the amount, not exceeding five hundred dollars in any one year, necessary to defray the •expenses of employing teachers to conduct such insti- tutes and instruct the teachers who attend them, and upon such certificate it shall be the duty of the auditor to draw his warrant upon the treasurer for such sum or sums in favor of the superintendent of education as may remain unapportioned in the treasury at the time ; but the sum so expended in any one year shall not exceed the amount apportioned and paid for such purposes by the trustees of the Peabody Educational Fund in any one year. And such sums must be disbursed so as to secure the greatest good to the largest number of teachers in the common schools, and it shall be the duty of the super- intendent of education to take vouchers t lerefor to be kept on file in his ofiice, and to make an itemized state- ment in his biennial report as to how and to whom said money has been disbursed. ' ^ 18. He shall perform such other duties as are, or may be prescribed by law. 3547. Report to governor; contents. — He shall also, bi- ennially, on or before the tenth day of October, report to to the governor in writing — 1. A brief history of his labors. 2. An abstract of the reports received by him from the county superintendents of education, exhibiting the condition of the public schools. 3. Estimates and accounts of expenditures of school money. 4. An itemized statement showing how the contin- gent fund of his department, and all other special funds or appropriations under his control have been disposed of. 10 5. Such recommendations as he may desire to make for the improvement of the school system, and the care and increase of the educational fund. 6. All such other matters relating to his office and to public schools, as he shall deem expedient to communi- cate. 3548. Report to be printed and distributed. — The gover- nor shall, when such report is laid before him, direct the superintendent of education to have printed in the same manner, and upon the same conditions as oiher printing is done, during the recess of the general assembly, a sufficient number of copies of the report to supply the county superintendents and township trustees of public schools, and other school officers, and for the usual ex- change with other States, and with the leading cities of the United States; and it shall be the duty of the super- intendent of education to distribute the same as indi- cated in this section. 3549. Vacancy filled by governor; term, etc., of appoin- tee. — If the office of superintendent of education should, at any time, become vacant, by death, resignation, or otherwise, the governor shall appoint a suitable person to fill such office for the unexpired term ; and such ap- pointee shall give bond and qualify in the same manner as if he had been elected for a full term. Article IV. COUNTY SUPERINTENDENTS. 3560. One elected for each county . — Unless by special act it is otherwise provided, a county superintendent for each county is elected at each general election as pro- vided in this Code. 3551. Term of office; removal. — The term of office of county superintendents who are elected shall commence 11 on the first day of October next after their election, and the term of those appointed shall commence on the first day of October of each odd year; and in either case, shall be for two years and until their successors shall qualify ; but the superintendent of education may, at any time, for good cause shown, remove from office any county su- perintendent of education, whether elected or appointed. 3552. Oath of office and bond. — Every county super- intendent of education, before entering upon the duties of his office, must take the oath of ofiice prescribed by the constitution, and give bond in an amount to be fixed by the superintendent of education, but in no case to be less than double the probable amount of money that may be in his hands at any one time, with good and sufficient sureties, and payable and conditioned as official bonds of other public officers. 3553. Approval and record of bond . — Such bond must be approved by, and, with the oath of office, must be filed and recorded in the office of the judge of probate of the county ; and a certified copy of the bond must also be filed in the office of the superintendent of education for his approval. [Failure to file copy with superintendent of education no defense to county superintendent or his sureties, in an action for his default. — Reed v. Summers, 79 Ala. 522.] 3554. Neiv or additional bond; effect of notice to give. The superintendent of education shall require of any county superintendent of education a new or additional bond, in the same, or a different amount, as that of the original bond, whenever he shall find it necessary for the pro Lection of the educational fund of the county; and no county superintendent of education, after receiv- ing notice to give such new or additional bond, shall con- tinue in the discharge of the duties of his office until such new or additional bond is given. 12 3555. Compensation. — Each county superintendent of education shall receive for his services four per centum on the amount of all the educational fund legally dis- bursed by him; but such per centum must not be taken or used by him until after the disbursements have been made, and the credits allowed by the superintendent of ■education. 3556. His duties. — The duties of each county super- intendent of education shall be as follows : .1. He shall have an office at the county site of his county, where he must, on the first Saturday of each month from the beginning of the scholastic year until the close of the public schools for that year, be present to transact business with the officers and teachers of public schools. 2. He must receive and cake charge of any money, funds, property, or proceeds of any character, raised in his county by county taxation, or which may accrue to him or to the county from any gift, grant, bequest, de- vise , endowment, or otherwise, to be used in aid of, or in connection with money apportioned to his county from the educational fund, and shall faithfully keep the same, separate and apart from any other funds or prop- erty whatsoever ; and he shall apportion, distribute and pay out all money raised in accordance with this subdi- vision ; but all money, raised by local taxation in any school district or incorporated city or town, shall be ex- pended for the benefit of the district, city, or town in which the money is raised, and by such persons, and in such manner as are authorized by the laws of force for the control and government of public schools in such district, city, or town. 3. He shall examine into the condition of all school funds of his county, including the sixteenth section fund, and sixteenth section lands unsold in his county; and 13 he is authorized and required in the name of the State for the use of the township, to bring all necessary suits for the recovery of the possession of such lands, or against trespassers thereon. 4. He shall, as soon as he receives the annual appor- tionment of the educational fund to his county, forth- with notify the township trustees of each township of the amount s,pporfcioned to each township or separate school district. 5. He shall enter in a book or books, kept for that purpose, the exact amount and date of all moneys re- ceived and paid out by him on account of the educational fund of his county, showing by whom or to whom paid, and for what purpose, and also the amount of the edu- cational fund apportioned to, and distributed in each township for each race; and such books shall be open to the inspection of all persons interested. 6. He shall, on or before the thirtieth day of Septem- ber of each year, forward to the superintendent of edu- cation, on blanks to be furnished him by the latter, an annual report of the public schools of his county for the preceding year, which shall set forth (1) the amount of school money received by him from all sources to the end of the year, specifying how much was received from each source ; (2) how much has been disbursed by him during such year, for what purpose, and the names of teachers to whom money has been paid, the time they taught, and the total amount paid to each teacher ; (3) the amount of funds then in hand for each township or school district in his county ; and (4) the manner in which, and the extent to which he has discharged the duties required by law to be performed by him. 7. He shall remove from office any township trustee •when the interest of public education demands such re- 14 moval, and he shall fill all vacancies occasioned by re- moval froD^ office or otherwise. 8, He must quarterly, on the first Saturdays in Jan- uary, April, July and October of each year, or as soon thereafter as practicable, pay the teachers of the public schools, upon the certificate of the trustees of the town- ship in which the school was taught ; and in counties in which separate districts have been established by special laws, he shall pay over to the officers authorized to re- ceive the same their proportionate &hares of the school revenues at the times above designated. 3557. Forfeiture for failure to make annual reports. — If any county superintendent shall willfully fail to make out and forward to the superintendent of education any annual report required by this article, within ten days after the time it should be made, he shall be liable to a forfeiture of his commissions, to be declared by the su- perintendent of education, and to removal from office by the superintendent of education. 3558. Boohs and accounts liable to examination.— The books, accounts and vouchers of the county superinten- dent of education may be examined at any time by the superintendent of education in person or by duly author- ized agent. 3559. Vacancies, hoiu filled; term, etc., of appointees. — The superintendent of education shall fill all vacancies in the office of county superintendent of education, by appointment ; and such appointee shall hold during the unexpired term, and imtil his successor qualifies, and shall give bond and qualify as is required of an appointee for a full term. 15 Article V. TOWNSHIP TRUSTEES. 3560. Toumship tmstees appointed; term of office. — Three township trustees for each township or other school district in each county, who shall be freeholders and householders resident in such township or school district, shall be appointed by the county superintendent of education ; and the term of office of all township trus- tees shall commence on the first day of October of each odd year and continue two years and until their suc- cessors shall qualify. 3561. Establishment and supervision of schools. — The township trustees shall have the immediate supervision of the public schools in their township or school district, and shall have power to establish, subject to the ap- proval of the county superintendent of education, one or more schools for either race in such township or school district, as the public necessity may require. 8562. Meetings tuith parents and guardians; business transacted. — The trustees in each township shall annually, on the last Monday in October, or within seven days thereafter, call a meeting of the parents and guardians of the children of their township within the educational age, and at such meeting they shall, in consultation with such parents and guardians, and with a view to subserve their wishes, interests and convenience, trans- act the following business : 1. They shall determine the number of schools which shall be established in their township for the current scholastic year, and shall designate the same by num- ber. 2. They shall fix the location of each school, the time of its opening, and the length of the session, which 16 shall not be, except as hereinafter provided, less than twelve weeks. 3. They shall, when they establish the schools in their township, apportion to each school so established, such an amount of the public school revenue appor- tioned to the township for the current scholastic year as they may deem just and equitable and for the equal benefit of the children thereof of school age. 4. They shall determine the number and what chil- dren shall be transferred from their districts to the schools of other districts, and to what districts trans- ferred, during the scholastic year, and shall set apart such an amount of the money apportioned to their dis- trict to pay for such transferred children as they may- deem ]ust and equitable ; and if it should be deemed impracticable to establish in any district a public school for the children of either race, on account of the want of a sufficient number of such race living within a rea- sonable distance, they shall determine whether any of such children can be transferred conveniently to a pub- lic school in another district, and those that cannot be so transferred, and that have actually attended some- school in this State for the time during which the public schools were kept open for the current scholastic year, shall be entitled to the benefits of the amounts apportioned to their district ; and they shall determine the amount to which each of such children shall be entitled, and the same shall be paid by the county su- perintendent of education to the parent or guardian cff such child, for which a receipt shall be taken as in case of payments to teachers. 5. In those townships in which less than the requisite number of children of school age reside, it shall be the duty of the township trustees to arrange for the teach- ing of such children in such manner as they may deem 17 proper and just, subject to the approval of the county superintendent of education, and to pay for the tuition of such children in the manner prescribed by law out of the school funds apportioned to such township. 6. Such other business as may be necessary to carry out the provisions of the law. 3563. Report after meeting. — They shall, within ten days afser such meeting, report to the county superin- tendent of education the number and location of the schools, the names of the teachers employed, and the amount of money apportioned to each school. 3564. Notice and duration of meeting ; effect of failure to attend. — Such meeting shall be called by posting, ten days previously thereto, written notices of the time and place of meeting, and of the business to be transacted thereat, in not less than three public places in the dis- trict ; and the township trustees shall have power to continue the meeting from day to day until all the busi- ness has been transacted, and they may adjourn the same to a future day, not exceeding one week; and if the parents and guardians fail to attend such meetings the township trustee shall, in their absence, proceed to perform the duties required of them. 3565. Appeal to county superintendent — An appeal may be taken from the decision and action of the to wn- ship trustees had and done at such meeting, to the cou/ity superintendent of education, who shall notify the town- ship trustees of the appeal, and shall appoint a day on which to hear and determine the same, and whose de- cision shall be final. 3566. When but one school in township, how located; change of location. — When but one school is established in a township, it shall be so located as to accommodate the largest number of pupils, and tp. encoura^ge the build- ing of a permanent school house as near the center of 2 18 the township as possible, whenever it can be done with- out material injury or inconvenience to the children within the educational age ; but such location may be changed by the township trustees from year to year, in order to provide for those who were not in reach of the school in previous years ; and in the location of public schools, township trustees must have reference to the population and neighborhood, paying due regard to any school house already built, or site procured, as well as as to all other circumstances proper to be considered, so as to promote the interest of free public educat'on. 3567. To what regard must he had in locating schools and employing teachers. — In locating public schools, and employing teachers, township trustees shall have dre regard to such communities as will supplement the district fund, ana to such teachers as will procure and teach the greatest number of pupils within the educa- tional age ; the object of this section being to encourage the building up and maintaining of large schools, which shall continue the longest term practicable ; but in no case shall such communities and citizens, as are unable or unwilling to supplement the district fund, be deprived of the benefit of the public schools. 3568. Employing teachers and opening schools. — The township trustees shall in no case contract with teachers, or open schools until they have definitely determined the number and location of the schools in their district, and the amount of money each school shall receive from tbe amount apportioned to the district ; nor shall they contract for a school of less than three scholastic months, nor less than ten pupils of school age, if there are more than that number of each race within such age, nor more than fifty pupils to each teacher. (Amended 1901. See act below.) 3569. Execution oj contracts ivith teachers; contract for 19 •transferred pupils. — All contracts wifcli teachers shall be in writing, and shall specify the amount to be paid per month from the district fund, and shall be executed in duplicate, one of which shall be filed with the county superintendent of education for his approval within ten -days after it has been signed ; and no such contract shall be valid without his approval ; and the township trustees shall also, in like manner, contract with teachers for transferred pupils. 3570. Visits to schools. — The township trustees shall Tisit the schools in their district at least once during each scholastic year. 3571. Removal of teachers; payment of time. — The township trustees may, for any cause sufficient in their judgment, terminate the contract of, and remove, any teacher ; but such teacher shall be allowed pay for the time he taught according to the terms of his contract. 3572. Register of daily attendance. — The township trustees shall, require the teachers of public schools to keep a register of the daily attendance of the pupils in the schools taught by them, and to submit such register to them for their inspection. 3573. Enumeration of children. — The township trus. tees must, during the month of July of each odd year, make an enumeration of all the children, white and black, male and female, within the educational age, in their town- ship or district and report the same in duplicate to the <30unty superintendent of education by the first day of Au- gust following ; and the county superintendent of educa- tion shall make to the superintendent of education a writ- ten report of the several enumerations made to him by the township trustees by the fifteenth day of August of such year. 3574. Neiv enumeration in certain cases. — If the town- ship trustees in any county or township should fail in 20 any year to make the enumeration provided for in the preceding section, or if the superintendent of education of the State should have reason to believe tliat the enu- meration made and returned to his office is fraudulent or greatly erroneous in any county or township, and shall determine that it is for the best interest of the public school system that another enumeration be made in any county or township, he shall have power to pro- cure the making of a new enumeration of the children of school age in any county or township, and shall pay the expense of making the same out of the fund first available and apportioned to the county or township in which such new enumeration is made, as the case may be. 3575. Exemption from road and jury duty and poll-tax..- Township trustees are exempt from road duty, jury duty and poll-tax, so long as they shall continue in office and perform the duties thereof ; and the certificate of the county superintendent of education shall be evidence of the fact. Article vi. teachers. 3578, Instruction as to the nature of alcoholic drinks- and narcotics. — Every teacher shall give instruction as to the nature of alcoholic drinks and narcotics and their effects upon the human system, and such subject shall be taught as regularly as any other in the public schools, and in every grade thereof. " 3579. Hoiv long certificates are valid. — A third-grade certificate shall be valid for two years; a second-grade certificate for four years, and a first grade certificate for eix years, in any county in the State. (As amended.) . 21 3580. Register kept by teachers and submitted. — Every teacher of a public school must keep a register of the actual daily attendance of the pupils in his school, and must submit such register to the township trustees for their inspection. 3581. Quarterly report; not entitled to compensation un- til forwarded. — Every teacher of a public school must, within five days after the end of each scholastic quar- ter, forward to the county superintendent of education a complete report, setting forth the enrollment, attend- ance, number of transferred pupils, and from what town- ship transferred, the branches taught, and the number of pupils in each, distinguishing between male and fe- male, and stating whether a white or colored school ; also the monthly pay from school revenue from the township in which the school is located, and from trans- ferred pupils, stating the township and range from which they are transferred ; also the number of days taught, the amount due for services from school revenues of the township, the number of visits by township trus- tees, and the name and postoffice of the teacher; and such report must be sworn to by the leacher before some one of the township trustees, and approved by them; and no teacher can draw any pay for services rendered by him until he has forwarded his report in accordance with the requirements of this section. 3582. To be paid quarterly . — The teachers of public schools shall be paid quarterly, on the first Saturdays in January, April, July and October, or as soon thereafter as practicable. [Schoolmaster stands in loco parentis and may, in a proper case, inflict corporal punishment ; but is criminal- ly liable for an abuse of his authority. — Boyd v. State, 88 Alabama. 169 ; McCormack v. State, 102 Alabama 156. 22 Article VII. BOARDS OF education; TEACHERS' INSTITUTE. 3583. Board of education; hoiv constituted; vacancies. — There shall be established in each county of the State a board of education composed of the county superintend- ent of education, who shall be the president thereof, and of two teachers, either in private or public schools of the county, who shall be appointed by such superintendent at the beginning of each scholastic year, or as soon thereafter as practicable, and who shall hold office dur- ing the current scholastic year, and one of whom shall be appointed secretary; and a majority of the board shall be necessary for the transaction of any business. The county superintendent of education shall have power to fill all vacancies that may occur in such board . 3584. Meetings of hoard. — Such board shall meet quar- terly at such times and places as they may designate ; but may meet oftener when deemed advisable by them. 3588. Cause for Cancellation of license. — Whenever it shall appear to the superintendent of education that any teacher to whom a license has been issued has been guilty of intemperance, or of unworthy or disgraceful conduct, his license shall be canceled, and his name stricken from the registered list of teachers. (As amend- ed.) 3590. Teachers^ institutes to he organized. — It shall be the duty of the board of education in each county to or- ganize and maintain therein teachers' institutes, one for teachers who are white persons, and one for teachers who are colored persons, to be held at such times and places as the board may prescribe; but there shall not be less than ten licensed teachers in the county of the race for whom such institutes shall be organized. 23 3591. Officers and members of institutes; no fee imposed without consent. — The county superintendent of educa- tion shall be the president of such institutes, and the members of the board of education shall be the vice- presidents thereof, one of whom shall preside over its meetings in the absence of the president ; the other offi- cers thereof may be elected. Every teacher of the coun- ty holding a license shall be a member of the institutes organized for his race. But no fee or assessment shall be imposed on a member without his consent. 3592 . Meetings of institutes . — There shall not be less than three meetings in each year of such institutes, one of which shall be held in the month of September, and at this meeting an address to the teachers shall be made by some person selected by the educational board ; and teachers holding licenses shall attend at least one of such meetings. 3593. Business of institutes. — The meetings of the in- stitutes shall be devoted mainly to discussions and in- structions in regard to the methods of teaching and dis- ciplining schools, and to the text-books used, and other matters connected with the schools and school laws. Article VIII. DISTRICTS ; SCHOOLS ; SCHOLASTIC PERIODS. 3594. School districts; estahlishm£nt and supervision; capacity to hold property. — Every township, and fraction of a township, which is divided by a State or county line, or any river, creek, or mountain, or other barrier rendering intercourse between the different portions of the township difficult, and every incorporated city or 24 towu having three thousand inhabitants, or more, shall constitute a separate school district ; and each of them shall be under a township superintendent as to all mat- ters connected with public schools. Each township, or other school district, in its corporate capacity, may hold real and personal property ; and the business of such corporations, in relation to public schools and school lands, shall be managed by the township or district trus- tees, 3595. Pupils entitled to instruction in public schools. — Every minor over the age of seven years shall be entitled to admission into, and instruction in any public school of his or her own race or color in this State. 3596. Child may not attend more than one school. — No child who has attended a public school the number of days to which it is entitled as a pupil in that school, shall attend another during the same scholastic year, unless by consent of a majority of the trustees of the township in which such other is situated. 3597. When non-residents entitled to school privileges . — Any parent or guardian residing in "the State who shall pay a local or special school tax on real estate valued at five hundred dollars or more, in any city, township, or separate school district, shall be entitled to the privil- eges and benefits of the public schools in such city, township, or separate school district, for their children, the same as parents and guardians resident therein. 3598. Scholastic periods. — The scholastic year shall begin on the first day of October of each year, and end on the thirtieth day of September of the following year ; twenty days shall constitute a school month, and a school day shall be not less than six hours. 3599. Public examinations, and certificates of pupils.- — Public examinations must be held in the public schools at least once in every year ; and when the board of edu- 25 cation shall be satisfied that any pupil has become thor- oughly educated in all the branches of free instruction in any one of such schools, they shall give to him or her a certificate to that effect. 3600, Separate schools for the two races. — In no case shall it be lawful to unite in one school children of the white and colored races. Article IX. APPORTIONMENT OF SCHOOL FUND ; DISBURSEMENT. 3601. Auditor certifies amount of educational fund ; su- perintendent apportions. — On the first day of October of each year, or as soon thereafter as practicable, the audi- tor shall certify to the superintendent of education the amount of money which has accrued and been placed by him to the credit of the educational fund for the scholas- tic year commencing on that day, stating specifically the amount derived from each source, and any unexpended balance there may be from the appropriation of the pre- vious year to be carried forward ; and the amount so cer- tified shall be apportioned by the superintendent of edu- cation, and be drawn and disbursed as provided by law. 3602. Contingent expenses and amount for normal schools set apart; residue apportioned. — As soon as such certificate is received by the superintendent of education, he shall set apart out of the general fund a sufficient amount to pay such expenses of the department of edu- cation as are by law payable out of such fund, and the amount necessary to cover the expenses of normal schools ; and he shall then apportion all the balance of such fund, as nearly as practicable, among the several 26 townships and school districts in the State, as herein- after provided. 3603. Amounts apportioned certified to auditor; no war- rants draiun in -excess ; balance unapportioned certified to treasurer. — As soon as such amounts have been set apart, and such apportionment has been made, the superinten- dent of education shall certify to the auditor the amount set apart for each particular purpose or appropriation, and the total amount of the apportionment to the sev- eral school districts in each county, and the auditor shall see that no warrants are drawn against the educational fund, for any purpose, for any amount in excess of the amounts so certified as set apart and apportioned ; and he shall certify to the treasurer the amount of the school revenue, exclusive of poll tax, unapportioned by the su- perintendent of education ; and the treasurer shall set apart the amount out of the money received from the taxes of the current year, and he shall keep the same separate and apart from all other revenues, and shall not pay out any of such money except upon warrants for school purposes. 3604. Interest on sixteenth section or other trust fund first set apart ; effect of apportionment. — In making the ap- portionment of school money to the several districts, the superintendent of education shall first set apart to each township, or other school district, the amout due from the State thereto as interest on its sixteenth section fund, or other trust fund held by the State ; and all townships or school districts, having an income from such source, or from the lease or sale of sixteenth section lands, shall not receive anything out of the balance of the educational fund to be apportioned, until all other townships or school districts, having no trust fund, shall have received from the general fund such amount as will give them an 27 equal per capita apportionment with the townships qr districts having such income. 3605. Apportionment; basis of, and hoiu made. — The su!.:erintendent of education shall apportion the educa- tional fund to the respective townships or school dis- tricts, subject to the provisions of the preceding section, according to the latest official returns of the enumera- tion, of school population of the townships or other districts, which have been made to his office, and according to the entire number of children of school age in each township or school district ; but when the township trustees of any township or district have failed to make and return the census enumeration of their township or district as required by law, and when the superintendent of education has not caused a new enumeration to be made, the superintendent of education shall make the apportionment to such township or dis- trict, according to the best information he can obtain as to the school population of such township or district ; but in no event shall he, in case of such failure, estimate the school population of any such district or township at more than the number shown by the last official report to his office. 3606. Apportionment recorded, and certified to county su- perintendents ; when contracts for schools invalid. — As soon as such apportionment is completed, the superintendent of education shall have the same recorded in his office, in books kept for that purpose, showing the amount which has been apportioned to each school district, and the source or sources from which the same was derived, the amount to each district, and the number of children in the district upon which the apportionment was based ; and he shall then furnish to each county superintendent of education a certified copy from such books, showing the dividends of the educational fund to each township 28 or district under the latter's supervision ; and the amount so divided and certified shall be the total amount which each of such school districts shall be entitled to receive from the State, except the poll tax, during the current scholastic year; and no contract to pay for any school or schools, for any district, more than the amount thus ap- portioned to it, together with such poll tax as it may re- ceive, and such funds as may be in hand from any pre- vious year, shall be valid against the State or township. 3607. Poll tax received hy each county. — Each county ^i shall receive as school money all the poll tax collected therein ; and the same shall be its full distributive share of the aggregate poll tax collected in the State. 3608. Each totvnship and race entitled to its poll-tax. Each township or other school district is entitled to re- ceive, for the support of the public schools therein, all the poll-tax raised in and for such township or district ; and the county superintendent of education of each coanty and the township trustees of each township shall see that the amount of poll-tax paid by white persons shall be applied exclusively to the maintenance of schools for white pupils, and that paid by colored persons exclu- sively for the mainteance of schools for colored pupils. 3609. Amount due each county apportioned and certified to auditor. — The superintendent of education shall by the tenth day of October in each year, or as soon there- after as practicable, apportion to every county the amount of school money such county will be entitled to receive for the scholastic year from all sources except such special tax, if any, levied for school purposes in any county ; and he shall certify the same to the audi- tor. 3610. County superintendents shall make pay-rolls . — On the fifteenth days of March, June, September and De- cember of each year, the county superintendents of ed- 29 iication shall make in duplicate, for each race separately, a pay- roll, showing the names of all teachers engaged in teaching public schools in their counties, with their postoffice address, and the estimated amount that will be due to each teacher at the end of the current quarter from the funds of each *-ownsliip and range in its regu- lar numerical order ; and shall append thereto an affida- vit that the same is correct. One of such duplicate pay- rolls shall be retained by ihe county superintendent, and the other he shall forthwith forward to the superinten- dent of education, who shall examine the same, and if found correct, it shall be approved by him and filed with the auditor. 3611. Auditor shall draio warrant in favor of covidy superintendent. — The auditor shall, immediately upon the receipt of such pay-roll, draw a warrant on the State treasurer in favor of the county superintCiident of eacli county for a sum which will be equivalent to the amount estimated to be due on said pay-roll, and four per cen- tum thereon, and shall file said warrant, together with the pay-roll upon which it is based, with the treasurer, whereupon it shall be the duty of the treasurer to for- ward by express or exchange, at the expense of the State, the amount of such warrant, and the pay-roll and du- plicate receipts for said sum, including the express charge or exchange premium, if any. The county su- perintendent of education must immediately upon re- ceipt of said sum, sign the duplicate receipts and return one to the treasurer, who shall attach it to the appropri- ate warrant, and the other shall be returned to the au- ditor . 3612. Teachers paid and receipts taken. — Immediately upon the receipt by the county superintendent of the amount of the quarterly or monthly pay-roll, he shall pay the teachers, taking their receipt? therefor on both 30 copies of said pay-roll, and must by the fifteenth day of January, April, July and October, return one copy of such receipted pay-roll to the superintendent of educa- tion. 3613. Auditor must prepare blanks. — The auditor must prepare the necessary blank pay-rolls, receipts and war- rants to be used in carrying out the provisions of this article. 3614. Where teachers are paid monthly. — In those counties and separate school districts where teachers are required by law to be paid monthly, it shall be the duty of the county superintendent, or the superintendent of the separate school district, as the case may be, to make out and forward to the superintendent of education on the twentieth day of every month, a pay-roll as provided in this article, and the superintendent of education, the auditor and the treasurer shall each, severally, perform all the acts and duties required of them in this article as in other cases. 8615. Balance in hands of county superintendent charged to him. — Upon the return of the receipted pay-roll to the superintendent of education, if it should appear that there is a balance in the hands of the county superin- tendent, the amount of such balance shall be charged to him and shall be deducted from the amount of the next quarterly or monthly pay-roll. 3816. County superintendent failing must be removed. Any county superintendent, or superintendent of any separate school district, who fails to make and return any pay-roll required by this article, or who fails to sign and return the receipts herein provided for, or who fails to pay the teachers within fifteen days after the receipt by him of the money, or who fails to return the receipted pay-roll, must be removed from office by the superin- tendent of education. 31 3617. Apportionment and expenditure of local school money. — All local school funds, raised for the support of public schools, by taxation or otherwise, shall be appor- tioned and expended in the district or districts in and for which the same were raised, under such rules and reg- ulations as the township trustees, or other local author- ity provided by law, may prescribe ; but this section shall not be construed to repeal any provision for the apportionment and disbursement of the moneys men- tioned in this chapter, or provided for in special or local laws ; and all funds contributed by private parties, or otherwise, to such district shall be applied as indicated in the grant from such contributors ; and no school moneys, distributed to the various counties from the State school revenue shall, either directly or indirectly, be paid for the erection of schoolhouses, for the use of schoolroom furniture, or any other contingent expenses of schools. 3618. Apportionment of income from trust fund when township divided. — Whenever a township, which has an income from a trust fund, is divided by a State or county line, or otherwise, into separate districts, or includes a city which is a separate school district, such income must be divided between, and apportioned to each school district in such township according to the school popu-, lation of each. 3619. Funds unused for two years apportioned hy county superintendent. — The county superintendent of education shall, in the same manner as the superintendent of ed- ucation is required to apportion the general school fund, apportion among the school districts under his supervision all funds received by him for any particular school district or race, which have remained unused by such district or race for two years ; and hfi shall make report of such ap- 32 porbionment to the superintendent of education as soon therefter as practicable. 3620. Fund once apportioned, not used for other pur- poses until reapportioned. — Funds which have accrued aud have been apportioned to any district or race, shall not be used for the benefit of any other district or race, un- til the same shall have reverted to the general fund, and been reapportioned under the provisions of the last pre- ceding section. 3621 . What part of income new districts are entitled to . — Whenever any separate school district is created, which shall embrace parts of two or more townships, such dis- ' trict shall receive its proportionate share of the income from any trust fund belonging to either or both of such townships, according to its school population. 3622. Contingent fund for dejjartment of education.- — The State treasurer shall annually set apart, out of any money in the treasury not otherwise appropriated, the sum of one thousand dollars, as a contingent fund for the department of education ; and whenever it shallL become necessary to draw on such fund, the superinten- dent of education shall certify the amount necessary, ajxdi for what purpose, to the auditor, who shall draw his war- rant on the treasurer for such amount. The superin- tendent of education shall keep an accurate account of all sums which he shall certify to be paid out of such eontingent fund, and shall furnish an itemized state- ment thereof to the governor each year, with his annual report. 3623. Unexpended part of such fund credited to nesst year. — At the close of each scholastic year, any part of" the appropriation for the educational contingent fund, which may not be then expended, shall be carried for- ward by the auditor and superintendent of education, . and placed to the credit of, and become a part of the one 33 thousand dollars appropriaied for the educational con- tingent fund of the next succeedincj year. Article 10. township corporations. 364 Incorporation of townships. — The inhabitants of each township in the State are incorporated by the name of ' 'Township , in range , " according to the number of the surveys of the United States. Article 11. school lands ; lease and sale. 3625. What are school lands, and in whom vested. — School lands, within'the meaning of this code, are sec- tions numbered sixteen, in every township, granted by the United States for the use of schools in the town- ship, and such other lands sb may have been granted to to any township for the use of schools ; and all school lands are vested in the State, in trust to execute the ob- jects of the grant. 3626. Timber lots reserved. — The township trustees, after the surveys and plats provided for in this article, may select such lots as they think proper, to reserve from cultivation for the benefit of the timber thereon, and must mark the same "reserved" on the plat thereof. 3627. Other lands leased; terms of lease. — The town- ship trustees may lease for not exceeding five years, the lots so laid out and not reserved, and may stipulate for 3 34 such improvements as they may deem expedient, and may require, if they think proper, security for rents and improvements, the rent is to be paid annually, but in case of improvements, they may stipulate for the rent to commence after the commencement of the lease. 3628. Rent payable to the township . — All notes, bonds and contracts for the lease of school lands are to be made payable to the township by its corporate name. 3626, Lands rented at public auction; notice. — All school lands must be leased, at some place in the township at public auction ; and at least six weeks' previous notice must be given by advertisement at three public places in the township, designating the time and place ; and such other notice may be given as the town- ship trustees may deem expedient. 3630, Duties of lessee. — The lessee is bound to treat the land, houses and improvements in a careful anhusband- manlike manner ; to commit no waste ; and he must comply with such further restrictions as the township trustees may deem expedient to insert in the lease ; and if such lessee, or any person claiming under him, commits waste, or fails to pay the rent, or to comply with any other stipulation in the lease, the township trustees have the right to declare the lease forfeited. 3631. Timber lots; how used. — The lots reserved for timber are for the common benefit of the lessees of the other lots; but no timber must be cut down, injured, or destroyed, as long as there is sufficient on the other lots, which the township trustees are to determine ; .and the lessees must, in no case, cut down, injure or destroy such timber without permission from the town- ship trustees, which may be given on such terms as tLey may think proper, having due regard for the inter- est of the township. 8632. Penalty for injuries to timber. — Any person who, 35 without authority, cuts down, injures, or destroys any tree on school lands, shall forfeit and pay for every such tree ten dollars, to be recovered before any court having jurisdiction, in the corporate name of the township. 3633. Fines paid into treasury for school fund. — All fines and forfeitures under the preceding section shall be paid into the State treasury, and added to the prin- cipal of the school fund of the township. 3634. Report of income from school lands. — When any part of the sixteenth section or other school lands in any township has been rented or leased, it shall be the duty of the township trustees to report at once to the county super- intendent in writing a description of the lands, to whom rented or leased, the time when due and how the j ay- ment is secured. It shall be the> duty of the county superintendent, as soon as this report is received by him, to file the same in his ofiice, and to report to the super- intendent of education all the facts contained in the re- port of the township trustees. It shall be the duty of the township trustees when money is paid to them on such rentings or leases to report at once the amount, and on what account paid, to the county superintendent, whose duty it shall be to report the same to the superin- tendent of education, being careful to give the number of the township and range and for what year the rental or lease money was paid. 3635. Election as to sale of school lands. — The town- ship trustees of any township may, on giving twenty days' notice by advertisement at three of the most public places therein, hold an election to ascertain the sense of the township respecting the sale of school lands belong- ing thereto, and may appoint the place where such elec- tion is to be held ; and three inspectors to manage the same. [Tankersly v. State Bank, 6 Ala. 277.] 36 3636. Oath of inspectors of election. — The inspectors, before holding such election, must take an oath to con- duct the same fairly, which may be administered by one to the other ; and they ma} ippoint clerks. 3637. Absence of inspectors. — If any inspectors are absent, those present may supply their places, and if none attend, any three freeholders or householders of the township may act. 3638. Polls. — The polls are to be opened at eleven in the morning and closed at five in the afternoon. 3639 . Manner of voting . —Voters may prepare their own ballots, notwithstanding any general law to the contrary, and must write thereon "Sale" or "No sale," and deposit them in the ballot-box ; and the inspectors,, after ascertaining the result, must certify the same to the township trustees, who must declare the result. 3640. If majority for sale, survey made, and minimum price fixed. — li, on such election, a majority of the legally qualified voters of the township, voting thereat, are in favor of a sale, the township trustees must have the lands surveyed and divided into lots so as to command the- highest price, have a plat of such survey made, and, being sworn to fairly value such lots, fix a minimum price upon each. 3641. Plat to he kept open to inspection. — Such plat, with the minimum price marked upon each lot, is to be kept by the township trustees open to the inspection of all persons desiring to examine the same. 3642. Notice of sale. — As soon as the lands are sur- veyed, the township trustees must give thirty days' notice of the time and place of sale by advertisement at three public places in the township and in such other mode as they may think proper. 3643. Sale at public auction; terms of sale. — On the day appointed for the sale, between the hours of eleven 37 in the morning and two in the afternoon, each lot must be offered separately, and sold at public auction to the highest bidder at or above the minimum price. If such minimum price is fifty dollars, or under, the sale must be for cash ; if the minimun price is over fifty dollars, but not more th^n one hundred and fifty dollars, the sale must be on a credit of one year, unless the amount bid for the lands should exceed one hundred and fifty •dollars, in which event the sale must be on a credit of one and two years, in equal annual installments ; if the minimum price, or the amount bid for the lands, is one hundred and fifty dollars, or over, but less than three hundred dollars, the sale must be on a credit of one and two years, in equal annual installments ; if the mini- mum price, or the amount bid for the lands is over three hundred dollars, but less than five hundred dollars, the sale must be on a credit of one, two, and three years, in ■equal annual installments ; and if the minimum price, or the amount bid for the lands, is five hundred dollars, or more, the sale must be on a credit of one, two, three, and four years, in equal annual installments when the sale is on a credit, the purchaser must give his notes, with two or more sureties, approved by the township trustees, pay- able to the State of Alabama, for the use of the town- ship, designating it by its number and range, and speci- fying, by the legal subdivisions, the particular portion or portions of the section for which the notes are given. All notes for purchase of school lands, sold under the provisions of this article, must bear interest at the rate of eight per cent, per annum from date. 3644. Provisions directory. — The provisions of this article, in relation to the sale of school lands, must be construed as directory only. 3645. Report of sale, disposition of purchase money and notes. — The township trustees, within twenty days after 38 such sale, must make return thereof to the superinten- dent of education, specifying the date of the sale, the names of the purchasers, the quantity and a particular description of the land sold to each, the price paid, or to be paid, by each purchaser, and the amount of the pur- chase money retained to defray the expenses of the sur- vey and sale ; and they must, at the same time, pay over to the superintendent of education all the money which may have been received by them as purchase money for such lands, after deducting, such amount as they may be allowed by law to retain to defray the expenses of the survey and mle; and also, at the same time, turn over to the superintendent of education all notes which may have been taken by them for such lands ; and the superinten- dent of education must give them a receipt for such money and notes, and file the return and notes in his office, and make proper record of the notes. 3646. Resale of lands. — If any purchaser fails to make the payment, or to give his notes with approved sureties, as required, the land bid off by him must be immediately resold, if practicable, but if it is not practicable to make the resale at once, it must be advertised and resold at a future day, as if no sale had been made ; and the first purchaser shall be responsible for the difference between his bid and the amount for which the land is subse- quently sold, if such amount is less than the bid of such first purchaser. 3G47. Certificate of purchase. — The township trustees on receiving from the purchaser the cash payment, and his notes for the deferred payments, must give to him a certificate of purchase, describing the land purchased, and showing the number of acres, and the amount of the purchase money. 3648. Effect of certificate of purchase. — Such certificate conveys to the purchaser, his heirs, or assigns, a condi- 39 tional estate in fee, to become absolute on the payment of the purchase money and interest, and to revert to the State for the uses originally granted in the following cases : 1. When all the notes have become due, and the makers have left the State, or died insolvent. 2. When a recovery on such notes is defeated by any defense avoiding the contract of sale. 3. When a recovery is had against all the makers, and execution has been returned "no property" by the proper officers of the county in w'fiich the township lies ; or when judgment is had, and execution returned against any one or more of such makers "no property," and the others have left the State, or died insolvent. 3649. Eevesting of title; cleric to c&rtify facts ; penalty for failure; costs. — No proceeding is necessary to revest the title in the State on the happening of the events spe.cified in the preceding section, but such lands maybe recovered in the name of the State, for the use of the township, against any person in possession of the same, upon proof of the facts ; and it is the duty of the clerk of the court in which the suit was pending, or the judg- ment recovered, to certify the facts to the superintendent of education, on the happening of the events specified in the second and third subdivisions of the preceding sec- tion, and failing to do so within a reasonable time, he forfeits the sum of one hundred dollars ; one-half to the persons suing for the same, and the other to the State for the use of the township. When no money is recov- ered in suits on notes for purchase money of school lands, no costs must be taxed against the township for such suits. 3650. Compensation to township trustees ; penalty for certain defaults. — For holding the election and making the sale as provided in this article, the township trustees shall be entitled to two dollars each, which, together with the amount which niay be allowed by law to the county surveyor for making the surveys and plats herein provided for, shall be retained by them out of the pur- chase mo-iey for the lands ; and purchasers shall, in all cases, pay enough cash to defray such expenses ; and if the township trustees fail to return the sale, or purchase money notes, or to pay over the money received on ac- count of purchase money, to the superintendent of educa- tion, as required by law, he shall forfeit one hundred dollars, one-half to the person suing for the same, and the other to the State for the use of the township ; and on the trial, the certificate of the superintendent as to such failure is presumptive evidence thereof. 3651. Fines go to school fund. — The amount received by the State upon recoveries, had under the last two pre- ceding sections, is to be added to the principal of the school fund of the township. 3652. Patent. — A patent issues, on the payment of the purchase money, to the purchaser, his heirs, or assigns; and when the patent is to the heirs, it vests a title in all persons entitled to claim in that capacity under the pro- visions of this code. 3653. Issue of patent by secretary of State ; correction of mistake — The secretary of State must issue patents, upon satisfactory evidence furnished him of full payment of purchase money, to any person, agent, or officer, legally authorized to receive such payment ; and upon proof of a mistake in the issue of any patent, he must correct the same, or issue a new patent on the return of the original to his oflBce. 3654. Issue of patents in other cases. — Except under the provisions of the preceding section, no patent must issue without the certificate of the superintendent of education that the whole amount of the purchase money 41 specified in the certificate, with all interest thereon, has been paid. 3655. Collediou of past-due notes.— All notes for school lands deposited with the superintendent of edu- cation, if not paid within six months after maturity, must be placed with the attorney general for collection ; but this section shall not be so construed as to prevent the superintendent of education from ordering suit on notes at any time after maturity, when so ordered by the township trustees, or the sureties on the notes. 3656. Appointment of agents for collection of notes. The attorney general may appoint agents for the collec- tion of such notes, being responsible for any neglect on the part of such agents. 3657. Township credited ivith collections on notes. — All collections on notes given for the sale of school lands must be paid into the treasury of the State, to the credit of the proper township. 3658. Proceeds of school lands covered into treasury; faith and credit of State pledged for payment of interest. All funds now in the State treasury derived from the sale of sixteenth section or other school lands, or yvhich may hereafter accrue from sales of such lands, together with the redemption money of other lands in which former accumulations have been invested under an act approved March 1, 1881, entitled "An act to authorize the compromise and settlement of claims for school lands in this State," are covered into the State treasury and made available for general purposes ; and the faith and credit of the State is pledged for the payment of the interest on such fund to the public schools of the State, at the rate of six per cent, per annum. 3659. Bonds when lands about to be sold or leased. When any township trustees are about to sell or lease .any school lands, they must give bond with sufiicient 42 sureties, payable to the State, in a sum to be fixed by the county superintendent of education, equal to the value of the school lands or the amount of the school funds of their township, and with condition to discharge their duties faithfully so long as they may continue in office or discharge the duties thereof, which bond must be approved by the county superintendent of education and by him filed in his office, 3660. By whom duties as to lands performed when town- ship divided. — When a township is divided into two or more school districts the county superintendent of educa- tion, in appointing township trustees in such township, shall designate which of them shall discharge the duties and exercise the powers conferred upon township trus- tess touching the leasing, selling and control of school lands in each school district. Article XII. LEASE AND SALE OF SCHOOL INDEMNITY LANDS. 3661. Sale of school indemnity lands authorized. — The superintendent of education is authorized and empow- ered to sell and dispose of all the lands which have been heretofore or may hereafter be certified to the State for the use and benefit of the several townships in which there was a deficiency in the amount of land originally certified to the State for their benefit, subject to the ap- proval of the governor. 3662. Proceeds of sale ; how disposed of. — The pro- ceeds arising from such sales, after the payment of alt proper costs and expenses thereof, shall be, by the super- intendent of education paid into the State treasury to- 43 the credit of the townships to which the same may be- long, in the proportion of their interest therein. 3663. Notes taken by superintendent of education held until paid; when placed with the attorney general. — All notes taken by the superintendent of education for the purchase of such lands must be held by him until the same are due, and if not then paid, may be placed with the attorney general for collection. 3664. Manner and terms of saZe.— ^Such sales may be made from time to time, at public or private sale, as in the judgment of the superintendent of education shall best promote the interest of the school fund of the State, and shall be for cash, or part cash and part on time, as the superintendent of education and the governor may deem best ; but in no case shall there be less than one- fourth of the purchase money paid in cash, and the re- mainder shall be payable in yearly installments to ex- tend over a period of noo more than three years, and shall be secured by notes with sureties to be approved by ihe superintendent of education and shall bear inter- est from the date of the sale. 3665. Lease of school indemnity lands. — The superin- tendent of education may, with the approval of the gov- ernor, lease out any of such lands for a term not exceed- ing live years, or may enter into contracts permitting persons to mine iron ore, coal or other minerals there- from, upon a royalty, for a term not exceeding twenty years ; and the net proceeds of all moneys received from the lease of such lands, or as a royalty for the minerals mined therefrom, shall at the end of each fiscal year be paid into the State treasury to the credit of the town- ships to which such lands belong, in the proportion of their interest therein. 3666. Provisions applicable. — The provisions of the preceding article relating to trespasses upon school lands, 44 uesale^ certificate of purchase, revesting title, patent, and the collection and application of proceeds of sales, a^ply to sales under this article so far as applicable. LAWS NOT IN CODE OF 1896. An Act To establish a uniform system for the examination aM licensing of teachers of public schools. Approve! February 10, 1899 ; amended February 8, 1901. Section 1. Be it enacted by the general assembly uarterly reports to county superintendent ; contents of, etc 3581 not entitled to compensation until re- ports made 3581 to be paid quarterly and receipts taken 3582, 3612 when paid monthly 3614 to what regard must be had in employ- ing 3567 rules in reference to employing 3568 76 PUBLIC SCHOOLS— Continued. execution of contracts with ; contract for transferred pupils 3569 removal of, by trustees; payment for time taught 3571 must keep register of daily attendance of pupils 3572 cause for cancellation of license to teach. 3588 Teachers' institutes ; duty of board of education to organize 3590 officers and members of ; no imposed without consent. . 3591 meetings of ; address ; attend- ance, etc .... 3592 business of . . . . 3593 To be established by, and be under supervision of township trustees 3561 what regard must be had in locating 3567 Two races, separate schools for the 3600 SCHOOL FUNDS, APPORTIONMENT AND DIS- BURSEMENT OF. Apportionment ; basis of, and how made 3605 to be recorded and certified to county superintendents 3606 and expenditure of local school money 3617 of income from trust fund when township divided 3618 Auditor certifies amount of money to credit of educational fund 3601 amount certified by, to be apportioned by superintendent, drawn and disbursed, SCHOOL FUNDS, APPORTIONMENT AND DIS- BURSEMENT OF.— Continued. etc 3601 amount apportioned certified to ; no war- rant drawn in excess ; balance unappor- tioned certified to treasurer 3603' SECTION Auditor, amount due each county apportioned and certified to 3609 shall draw \yarrant in favor of county- superintendent 3611 file said warrant and pay roll with the treasurer 3611 must prepare blank pay rolls, receipts, etc 3613 Contingent expenses and amount for normal schools set apart, residue appor- tioned 3602 fund for department of education . .. 3622: unexpended part of, credited to next year 3623 Each county receives poll-tax collected therein, and no more - 3607' township and race entitled to its poll-tax ; re- port as to 3608 Fund, what, first set apart; effect of apportion- ment 3604 once apportioned, not use I for otherjpur- poses until reapportioned 3620 unused for two years apportioned by county superintendent 3619 what part of income of townships new dis- tricts are entitled to 3621. Local school money, apportionment and expendi- 78 SCHOOL FUNDS, APPORTIONMENT AND DIS- BURSEMENT OF.— Continued. ture of 3617 New districts, what part of income of townships, entitled to 3621 Pay [rolls, county superintendents shall make quarterly 3610 duplicate, to be forwarded to superin- tendent 3610 if correct, approved and filed with auditor 3610 auditor shall draw warrant for amount of, in favor of county super- intendent 3611 must file warrant and, with treasurer 3611 treasurer must forward money, pay roll and duplicate receipts, etc ...... 3611 teachers paid, and duplicate pay rolls to be signed by , 3612 diiplicate, returned to superintendent. 3612 auditor must prepare blank, receipts, etc 3613 when teachers paid monthly, duty of county superintendent as to 3614 if any balance in hands of county su- perintendent deducted from next quarterly 3615 county superintendeut failing to make, sign receipts, or to pay teachers, etc., must be removed from oflBce. . 3616- Poll tax, each county receives, collected therein, no more . 3607 township and race entitled to its ; 79 SCHOOL FUNDS, APPORTIONMENT AND DIS- BURSEMENT OF.— Continued. report as to 3608 State treasurer, duty of, as to forwarding money, etc., to county superintendent 3611 Teachers, payment of ; when made ; manner of taking receipts, etc 3612 when paid monthly ; duty of county superintendent 3614 Township divided, apportionment of income from trust fund when 3618 SCHOOL LANDS. Past-due notes to be placed in hands of, etc 3655 for indemnity school lands placed in hands of, when 3663 Appointment of agents, etc., by. 3656 Bonds required of trustees when lands about to sold or leased 3959 Clerk of court to cej'tify certain facts, etc., to su- perintendent of education; penalty for failure 3949 Collection of notes for purchase money of . . . .3655-3657 Compensation to township trustees for holding election for, and sale of 3650 Costs not to be taxed against township when no money recovered, etc 3649 Definition as to what are school lands, and in whom vested 3625 Election as to sale of 3635 oath of inspector of . , 3636 if inspector absent, )how place supplied. . 3637 polls to be opened and closed at what 80 SCHOOL LANDS— Continued. hours 3638 manner of voting at 3B39 if majority for sale, survey made, and minimum price fixed 3640 plat of lands with minimum price marked to be kept for inspection 3641 Faith and credit of state pledged for payment of interest on school fund, etc 3658 Fines under provisions of sections 3649 and 3650 go to school fund 3651 Incorporation of townships 3624 Indemnity school lands, sale of, authorized 3661 manner and terms of sale of 3664 proceeds of sale of ; how . . disposed of 8662 notes taken by superin- dent, etc 3663^ when, turned over to attorney-general. . 3663^ lease of, provisions as to 3665 what provisions as to trespass, resale, etc., applicable 3666 Issue of patents ; correction of mistakes, etc . . 3652-3654 Other lands may be leased ; terms ; rent ; notice ; duties of lessee, etc 3627-3630 Patent, when, .to be issued 3652 issue of, by secretary of state ; correction of mistakes 3653 in other cases ; certificate of su- perintendent necessary, etc. . . 3654 Penalty against clerk of court for failure to certify 81 SCHOOL LANDS.-Continued. certain facts, etc 3649 •township trustees for certain de- faults relative to sales, etc. . . . 3650 for injury to timber on 3632, 3638 Plat of, with minimum price marked, etc., to be kept open for inspection 3641 Proceeds of sale of, to be covered into state treasury 3658 faith and credit of state pledged for payment of interest on. . 3658 Provisions of article as to sale of, directory 3644 what, applicable to trespass on, resale, etc., of indemnity lands 3666 Purchase-money, collection of notes for. 3655-3657, 3668 Report of income from leasing or renting 3634 Resale of ; when may be made 3646 Revesting of title; clerk to certify facts ; penalty for failure ; costs 3649 Sale of, election for. . 3635-3639 if majority for, survey made and mini- mum price fixed ^ 3640 plat with minimum price marked, etc., to be kept free to inspection 3641 notice of 3642 at public auction ; terms of 3643 provisions as to, directory 3644 report of ; disposition of purchase-money notes 3645 resale , when 3646 certificate of purchase 3647 effect and opera- tion of 3648 revesting of title, etc 3649 compensation to township trustees for 6 82 SCHOOL LANDS.— Continued. making ; penalty for defaults 3650 proceeds of, covered into state treasury. 3658 bond required of trustees when, or lease about to be made 3659 Sale of, by whom duties as to, :'etc., performed when township divided 3660 school indemnity lands, authorized 3661 proceeds of ; how disposed of . . 3662 notes taken by Buperinten-' dent of ed- ucation. . . 3663 when, to be placed with attor- ney * gen- eral 3663 manner and ^ terms of 3664 Schoool indemnity lands^ lease of ...*......... . 3665 provisions ap* plicable to . . . 3666 Secretary of state ; issue of patent by ; correction of mistake 3653 State , faith and credit of ^ pledged for payment of interest on school fund 3658 Timber lots reserved 362G how used 3631 penalty for injury to timber on. .3632, 3633 Township, incorporation of 3624 credited with collections on notes given for sale of ...................... . 8657 83 SCHOOL LANDS.— Continued. when, divided, by whom duties as to lands performed 3660 trustees, compensation of, for making sale, etc 3650 Trustees, township, compensation of, for making sale, etc 3650 INDEX TO ACTS NOT IN CODE OF 1896. PAGE. E-xamination law 45-51 Rules of State Board of Examiners 58-55 Instructions Regarding Examination law 56-60 Law fixing minimum term 61 Law requiring Normal graduates to procure certi- ficates 62 Law amending Sec. 3602 of code 62 Form for 16th section note 63 certificate of purchase 16th section land. 64 Form for report of sale State 16th section land . . 64-65 Form for 16th section bond* • • ' 65-66 lease 16th section lands 66 LcFe '03 ^ 1 i: P