A 
 
THE 
 
 Common School Laws 
 
 OF 
 
 PENNSYLVANIA, 
 
 DECISIONS OF THE SUPERINTENDENT, 
 
 EXPLANATIONS, FORMS, Etc, 
 
 Keviseb and Arranged by J, P. Wickersham, 
 Superintendent Common Schools, 
 
 B. S12SGF.B juY, STATE p£iyT|i\] '> . ,] 
 

 :% 
 
 3 OCT 1905 
 D.otD, 
 
J PREFACE 
 
 In this Digest it has been the aim to so ar- 
 range the Laws, Decisions and Explanations, 
 that the whole of any one subject shall be pre- 
 sented on one page, or on contiguous pages. 
 The law being placed first in solid type and 
 numbered by sections in Roman characters, 
 while the explanations and decisions follow in 
 leaded form, immediately after the sections to 
 which they belong and are numbered with 
 figures. 
 
 The index placed at the end of the Digest 
 is in alphabetical order. The page upon which 
 the matter is to be found is designated by the 
 letter " p," the section of the law by the letter 
 "s," and the decisions or explanations by the 
 letter "d." The numbers referring to the 
 laws and decisions, are given in the similar 
 characters to those used to designate them in 
 the body of the laws. 
 
 This Digest contains all the laws of the 
 State pertaining to school matters, and the 
 duties of school officers, which have been ap= 
 
IV EXPLANATORY NOTE. 
 
 proved up to the session of 1870, except such 
 portions as have been repealed by subsequent 
 acts or have become obsolete. 
 
 The whole matter has been carefully ar- 
 ranged in a logical manner, and in this respect 
 the Digest will found to be much improved. 
 
 The forms are generally the same as in the 
 Digests of 1862 and 18G6, changes and addi- 
 tions being made only where changes in the 
 law rendered them necessary. The acts and 
 sections, together with the date of approval 
 and the page in the printed Pamphlet Laws 
 upon which each will be found, are referred to 
 in foot notes. 
 
 With the hope of improving the mode of 
 doing business on the part of boards of direc- 
 tors, the more simple rules of order commonly 
 used in parliamentary bodies have been in- 
 serted in the proper place. 
 
 Copies of this Digest will be forwarded to 
 the several county superintendents in suffi- 
 cient numbers to supply one to each of the 
 school directors and controllers in their re- 
 spective counties. The copies thus received 
 b}^ school officers, should, in all cases, be 
 handed over to their successors. 
 
CONTENTS 
 
 PAGE. 
 DISTRICTS. 
 
 Consolidated districts 2 
 
 Independent districts 4 
 
 Changes in districts 8 
 
 Powers and liabilities of districts 13 
 
 DTRECTOPwS AND CONTROLLERS. 
 
 Election and appointment of directors and 
 
 controllers 17 
 
 Organization of the board 28 
 
 Duties of officers 31 
 
 Meetings of the board 40 
 
 Powers and duties of directors and con- 
 trollers 45 
 
 REVENUES FOR SCHOOL PURPOSES. 
 
 Fines 87 
 
 State appropriation 88 
 
 Assessment of taxes 89 
 
 Duties of treasurer in collecting taxes 109 
 
 Duties of the collector Ill 
 
 Duties of auditors 124 
 
 SUPERINTENDENTS OF SCHOOLS. 
 
 State Superintendent 127 
 
 County superintendents 134 
 
 City and borough superintendents 169 
 
 District superintendents 173 
 
 State Normal schools 175 
 
 Colleges and academies 196 
 
 District school libraries 198 
 
VI CONTENTS. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Holidays 203 
 
 Teachers' Institute in Philadelphia 205 
 
 General repealing sections and saving 
 
 clauses 208 
 
 Districts having special laws 211 
 
 Repealed, supplied or obsolete sections, 212 
 
 APPENDIX. 
 
 Rules of order for conducting the proceed- 
 ings of boards of directors 218 
 
 Common school forms 223 
 
COMMON SCHOOL LAAVS. 
 
 A.— DISTRICTS. 
 
 I. That a S3^stem of Common School Edu- 
 cation be and the same is hereby deemed, held 
 and taken to be adopted, according to the pro- 
 visions of this act, in all the counties of this 
 Commonwealth ; and every township, borough 
 and city of this Commonwealth, or which shall 
 hereafter be erected, shall constitute and be a 
 school district, subject to the provisions of this 
 act. (a) 
 
 II. Tiiat all boroughs and townships now 
 connected in the assessment of county rates 
 and levies, shall hereafter be separate and in- 
 dependent of each other in the assessment of 
 said rates and levies, and for school purposes ; 
 and the respective townships and boroughs so 
 separated, shall elect their own assessors and 
 other officers, whose dut}^ it shall be to exer- 
 cise the same powers and authority as are now 
 exercised by township assessors generally, in 
 the discharge of their duties in relation to the 
 assessment of county rates and levies, (b) 
 
 (a) Act May 8, 1854, sec. 1. P. L. 1854, page 617. 
 (6) Act May 8, 1855, sec. 10, P. L. 1855, page 5U. 
 
2 SCHOOL LAWS AND DECISIONS 
 
 I, CONSOLIDATED DISTRICTS. 
 
 III. That school districts which are com- 
 posed of cities or boroughs, divided into wards 
 for school purposes at the time of the passage 
 of this act, shall be constituted as follows, to 
 wit : Each ward shall retain its school proper- 
 ty, both real and personal, and elect a separate 
 board of directors, who shall exercise in their 
 respective limits, all the powers and duties of 
 school directors, as regards the erection or re- 
 pairing of school houses and lots; and shall 
 also lev}', assess, collect and disburse in and 
 upon their respective wards, all taxes render- 
 ed necessary to the proper exercise of the fore- 
 going powers ; but all other powers and duties 
 })ertaining to school directors, which are con- 
 ferred or enjoined by this act, shall be exer- 
 cised in such city or borough, by a board of 
 controllers cotiiposed of the directors of the 
 several wards, who are hereby authorized and 
 required to perform all the duties belonging to 
 boards of directors in single districts, with the 
 exception contained in this section : Provided., 
 That whenever all the boards of directors, in 
 any such city or borough, shall voluntarily 
 execute deeds of conveyance to the board of 
 controllers for all the school property belong- 
 ing to their respective wards, and shall certify 
 the same to the Superintendent of Common 
 Schools, then and in that case, such city or bo- 
 rough shall thereafter compose a single school 
 district, in tiie same manner as districts not 
 
OF PENNSYLVANIA. 3 
 
 divided into wards ; but the number of direc- 
 tors thereafter elected in such city or borough 
 shall be three for each ward, (c) 
 
 1. The^e provisions are obligatory^ except 
 the proviso, upon every borough and city which 
 consisted of more than one ward at the time of 
 the passage of this act ; and hereafter no State 
 appropriation will be paid for any part of such 
 district, except to the treasurer of the board of 
 controllers of the whole district, who alone is 
 legally authorized to receive it. 
 
 2. Cities or boroughs^ divided into v/ards 
 since the passage of this act, compose a single 
 school district in the same manner as districts 
 not divided into wards, and the number of 
 directors elected in such cities or boroughs 
 siiould be three for each ward, the school pro- 
 perty as well as schools being managed b}^ the 
 board of control. 
 
 o. The object of uniting all the wards of a 
 borough or city into one controller district, is 
 evidently to promote the grading of the schools, 
 and the elevation of the course of instruction 
 by means of a High Common School, and to 
 increase the economj^ and efficiency of the local 
 adiuinistration of the system. Tliis purpose of 
 
 (c) Act iVay S, I8.->4, seo 2. V. L. 1854, page 01' 
 
4 SCHOOL LAWS AND DECISIONS 
 
 the law should therefore be regarded with favor 
 and vigorously carried into effect. 
 
 IT. INDEPENDENT DISTRICTS. 
 
 lY. That upon petition of not less than 
 twenty taxable inhabitants of any township 
 or townships, desiring the formation of the 
 territory upon which they reside, into a sepa- 
 rate and independent common school district, 
 and setting forth the bounds of such proposed 
 district, the court of quarter sessions of the 
 proper county shall appoint commissioners to 
 view the premises and report to the court, at 
 its next term, the lines of the proposed new 
 district, either according to the bounds set 
 forth in the petition, or to such other bounds 
 as they shall think more advisable, together 
 with their opinion on the expediency of esUib- 
 lishing or not establishing the same; the pro- 
 ceedings upon which petition, commission and 
 report, and the final disposition thereof shall, 
 in all other respects, be according to the act of 
 -Assembly now in force, relative to the erection 
 of new townships : Provided, That if said pro- 
 ceedings result in the establishment of a new 
 common school district, the cost of the com- 
 mission and the office fees shall be paid by the 
 said new district ; but if otlierwise, said costs 
 an<l fees shall be paid by the petitioners them- 
 selves, (a) 
 
 (a) Act May s, iSoa, sec 5. P. \j. |)fv^;o r>i)<». 
 
ur PENNSYLVANIA. 
 
 ^. It is notv useless to aiyply to the Legisla- 
 ture for the establishment of independent dis- 
 tricts, as that bod}^ very properly refers all 
 such questions to the county courts, which are 
 better able to judge of the local circumstances 
 of each oase. The only exception to this gen- 
 eral practice, is in relation to independent dis- 
 tricts proposed to be formed out of parts of 
 two or more adjoining counties, which applica- 
 tions cannot be acted on by the courts, and if 
 granted at all, must therefore be by special 
 legislation. 
 
 V. That whenever a new district shall be 
 erected, according to the provisions of this act, 
 it shall become, to all intents and purposes of 
 the common school system of the State, a sepa 
 rate and independent district, subject, however, 
 to the provisions of the third section [No. VI.] 
 of the act to which this is a supplement, [a) 
 
 YI. That when a new district shall hereafter 
 be formed, such district shall not be consider- 
 ed and recognized as a separate and indepen- 
 dent school district, until after the termination 
 of the current school year in which it became 
 a new district, and until it have a full board of 
 directors regularly elected or appointed, and 
 organized, except that the directors thereof 
 shall have authority to levy, assess and collect 
 tax, procure school houses, and do all other 
 
 (a) Act May 8, 1855, sec. 6. P. L. page 510. 
 
6 SCHOOL LAWS AND DECISIONS 
 
 acts necessary to the commencement of the 
 schools for the ensumg year, (a) 
 
 5. Directors in office when changes of dis- 
 tricts or district Hnes arc effected, either under 
 No. ly, or No. YIII, are to continue to act as 
 directors of the old district till the end of the 
 then current 3'ear of their term of office. If, 
 however, a director residing in a part of an old 
 district which has been struck off into a new 
 or another district, be elected director of such 
 new or other district, he should resign his place 
 in the old board and not act in both. 
 
 6. The board of a new distinct may do every 
 official act, during the year next before that in 
 which it goes into separate and independent 
 operation, necessary to the putting of the 
 schools into, full working order, except that 
 of actually opening them for instruction. All 
 taxes levied and contracts made for these pur- 
 poses, are as binding as if levied and made by 
 an old district. 
 
 YII. That the true intent and meaning of 
 the provisions of the supplement to the general 
 school law, approved the eighth day of May, 
 Anno Domini one thousand eight hundred and 
 fift3^-five, for the creation of independent school 
 districts, was and is to provide, in a guarded 
 
 («) Act May 8, 1854, sec. 3. P. L. page (317. 
 
OF PENNSYLVANIA. 7 
 
 manner, for exceptions to the general rule, 
 and to protect and promote the educational 
 welfare of occasional localities that, from natu- 
 ral or other adequate obstacles, could not be 
 properly provided for under the or^-anization 
 of township districts ; and further, it was not 
 the intention to cut up townships into single 
 school districts, nor to carve out the wealthier 
 from the poorer portions of a township or 
 townships, to the prejudice of the rights and 
 interests of the latter : And it is fur Cher en- 
 acted, That when an independent district has 
 been created in violation of these prin(;iples, 
 the court of quarter sessions of the proper 
 county is hereby authorized and required, 
 upon application of not less than twenty citi- 
 zens of the township or borough affected there- 
 by, to open the decree of the court by which it 
 was created, and, after re-examination upon 
 the merits, confirm or annul such district, as 
 the evidence may require ; and hereafter no 
 independent district shall be created, in any 
 case, without the unanimous concurrence of 
 the court, (a) 
 
 *7. The rights, pow;e?'s and duties of every 
 independent district, legally established and in 
 operation, are similar in all respects to those 
 of a regular district composed of a township 
 or borough. 
 
 YIII. That in all cases where an indepen- 
 dent school district has been created or con. 
 
 (a) Act May 20, 1867, sec. 1. P. L. page 587. 
 
8 SCHOOL LAWS AND DECISIONS 
 
 tinned b}'" an}^ of the courts of common pleas 
 of this Commonwealth, it shall be lawful for 
 said courts, upon the application of one-third 
 of the taxable citizens of any school district, 
 out of which any independent district may be 
 erected, by petition, setting forth that they 
 desire the abolition of any district, to hear and 
 determine the application upon its merits, and 
 if deemed expedient, the said court shall dis- 
 continue the said district, (a) 
 
 8. The nitmher of petitioners to abolish an 
 independent district, must be fully one-third 
 of the resident taxable citizens of the whole 
 old district or districts, (including itself,) out 
 of which the district sought to be abolished 
 was taken, and not merely one-third of those 
 residing within its own bounds. 
 
 III. CHANGES IN DISTRICTS. 
 
 IX. That when a portion of. a common 
 school district is detached therefrom, by the 
 alteration of township or borough lines, or 
 when an independent school district is abolish- 
 ed, such alteration or abolition shall not take 
 effect for school purposes, till the commence- 
 ment of the school year next after the end of 
 that in which it shall have been decreed and 
 confirmed, and the directors in the detached 
 portion, or in the abolished distrct, as the case 
 may be, shall continue to exercise their ofllce 
 
 (a) Act May 20, 1857, sec. 1. P. L. page 588. 
 
OF PENNSYLVANIA. 9 
 
 till tlio end of the year in which said altera- 
 tion or abolition occurred, (a) 
 
 X. When a new school district is formed, 
 the court establishing the same shall determine, 
 on hearing, whether an undue proportion of 
 the real estate and school houses belonging to 
 the old district or districts, are withiu the 
 bounds of the new district, and if so, how much 
 money shall be paid therefor by the new to the 
 old district or districts ; and if any money be 
 on hand, or debt unpaid, or any tax or other 
 claims be uncollected after the settlement of 
 all accounts of the current year, the proper 
 court shall divide said money or debt amongst 
 the districts in such proportions, and shall 
 make such order as to uncollected tax or other 
 claims, as shall be just ; and any sum thus de- 
 creed to be due by any district, to any district 
 or individual, shall be entered in the nature of 
 a judgment against the same, and shall be sub- 
 ject to execution in the manner prescribed by 
 the twenty-first section of the general com- 
 mon school law, of the eighth of May, one 
 thousand eight hundred and fifty-four. (6) 
 
 9. In regard to real estate and school houses^ 
 the new district is to pay the old for any un- 
 due proportion thereof that may be within the 
 new district ; but it does not require the old to 
 pay to the new, if an undue proportion re. 
 mains in the old district. 
 
 ""(aS^ctTpriril, 1862, sec. 10. P. L. pao^e 478. 
 (6) Act April 11, 18d2, sec. 11. P. L. page 474. 
 
10 SCHOOL LAWS AND DECISIONS 
 
 10. In regard to iiionei/ on liand^ or uiicol. 
 lected claims, and to debts or liabilities, after 
 settlement of all accounts for the 3'ear, before 
 actual separation takes effect, the new district 
 is to pa_y to the old, or the old to the new, as 
 the balance shall be ascertained to fall, and 
 the court constituting the new district shall 
 decree. 
 
 XI. That the school, real estate and movable 
 property within an}^ detached portions of dis- 
 tricts, or abolished districts, shall pass, with 
 the territory on which the}^ are situated, to the 
 district or districts to which such territory be- 
 comes attached, or reverts, with like right in the 
 directors thereof to use or sell the same, as the 
 proper directors had before the alteration or 
 abolition. And if an^^ money be on hand or 
 debt unpaid, or an3^ tax or other claims be un- 
 collected after the settlement of all accounts of 
 tiie current 3^ear, the proper court shall divide 
 said money or debt amongst the districts thus 
 acquiring territory, in such proportions, and 
 shall make such order as to uncollected tax or 
 other claims due by said abolished district to 
 any person or persons, as shall be just; and 
 an}' sum thus decreed to be due b}'' any district 
 to any district or individual, shall be entered 
 in the nature of a judgment against the same, 
 and shall be subject to execution in the man- 
 ner prescribed hy the twent^y-lirst section of 
 the oreneral common school law of the eio-hth 
 
or PENNSYLVANIA. 11 
 
 of May, one thousand eight hundred and fifty- 
 lour, (a) 
 
 XII. That the several courts of quarter ses- 
 sions of this Commonwealth shall have au- 
 thority, within their respective counties, to 
 annex the land, or parts thereof, of persons 
 resident in one township, or borough, to an- 
 other township or borough, for school pur- 
 poses, so that when so annexed, the applicant 
 shall pa}'' his school taxes, and be included 
 within the school district to which it is so an- 
 nexed, for educational purposes, and remain 
 connected with the district, or township, of 
 his residence, for all other purposes ; and the 
 said court shall, upon the petition of any one 
 desiring such change, proceed by views and re- 
 views, in the manner, and under the restrictions 
 provided under the act of the general assem- 
 bly, approved April fifteenth, one thousand 
 eight hundred and thirty-four, with its supple- 
 ments, in regard to the alteration of the lines 
 of any two or more adjoining townships : Pro- 
 vided, That all the costs of such proceedings 
 shall be paid by the person, or persons, ap- 
 pl3'ing for such change, (b) 
 
 XIII. That the act to which this is a supple- 
 ment shall be construed to include all cases of 
 persons being resident of any township or 
 borough, to have other lands owned hy them 
 in any other township or borough, annexed 
 
 (a) Act April 11, 1862, sec. 10. P. L. page 473. 
 (6) Act April 13, 18G7, sec. 1. P. L. pa^je 80. 
 
12 SCHOOL LAWS AND DECISIONS 
 
 to the borough or townships in which they 
 reside, in the manner and for the purpose 
 therein mentioned, (a) 
 
 XI Y. That the clerks of the courts of quar- 
 ter sessions of the several counties of this 
 Commonwealth, shall forward to the Superin- 
 tendent of Common Schools, a certified copy, 
 under seal of the decree of said court of their 
 respective counties, creating any new school 
 district, whether it be formed by the incorpo- 
 ration of a borough, the creation of a new 
 township, or the formation of an indei:)endent 
 district, said certificate to be forwarded within 
 thirty days after the entry of such decree ; the 
 costs for such certificate shall be a legal charge 
 against the district thus formed, (b) 
 
 11. ..'1 new district cannot b3 recognized by 
 the School Department till the certified copy 
 of the decree of the court required by this sec- 
 tion has been received. 
 
 XV. That whenever any new district shall 
 be formed in any county of this Common- 
 wealth, it shall be the dut}^ of the commis- 
 sioners thereof to certify to the Superinten- 
 dent of Common Schools, before the com- 
 mencement of the next succeeding school year, 
 the number of taxable inhabitants therein, and 
 also the number in the district or districts 
 from which it was taken, separately, according 
 
 (a) Act April 20, 1869, sec. 1. P. L. page 80. 
 (6) Act April 17, 1865, sec. 1. P. L page 62 
 
OF PENNSYLVANIA. 13 
 
 to the last preceding tri-ennial enumeration of 
 taxables made for school purposes, so that tlie 
 whole number in such new district, and in that 
 or those out of which it was taken, being ad- 
 ded together, shall be neither greater nor less 
 than the number that was therein before the 
 change was made, and according to the last 
 triennial certificate or return of taxables 
 thereof made by the said commissioners, (a) 
 
 12. No notice can he taken of the existence 
 of a new district until this certificate has been 
 prepared by the proper commissioners, and is 
 on file in the School Department. 
 
 1 3. Penalty for neglect of duty. — The twen- 
 ty-fourth section of the act of fifteenth April, 
 1834-, (pamphlet laws, page 541,) provides that 
 "If the commissioners of au}^ county shall ne- 
 glect or refuse to perform any duty required 
 of them by law, or if any one of such com- 
 missioners shall neglect or refuse to perform 
 any oflicial duty, they or he shall respectively 
 be fined in a sum not exceeding one hundre<l 
 dollars." 
 
 TV. POWERS AND LIABILITIES OF DISTRICTS. 
 
 XYI. That the several school districts with- 
 iji tills Commonwealth shall have capacity as 
 bodies corporate ; to sue and be sued as such, 
 
 (a) Act Mays, 1854, see. 49. P. L. page 029. - 
 
14 SCHOOL LAWS AND DECISIONS 
 
 by the corporate name of the school district of 
 
 - — • («) 
 
 XVII. To purchase and hold such real and 
 personal property as ma^^be necessary for the 
 establishment and support of the schools, and 
 the same to sell, alien and dispose of, when it 
 shall no longer be necessary for the purposes 
 aforesaid, and also, whenever the board of di- 
 rectors or controllers, in cases where school 
 property has been conveyed to them shall deem 
 it expedient to make sale of the said real es- 
 tate, for the purpose of re-investing tiie pro- 
 ceeds thereof for school purposes, (h) 
 
 14. A district may purchase or otherwise 
 acquire ground on which it is intended to erect 
 a school house, and hold it for that purpose 
 till it suits the convenience and means of the 
 district to build. 
 
 XYI II. In cases where real estate is held by 
 trustees or others for the general use of the 
 neighborhood — for a school house or its ap- 
 pendages — and when the same shall cease to l)e 
 required, it shall be lawful for the said trus- 
 tees or others, their survivor or survivors, or 
 successors, to convey the same to the proi)er 
 district, which shall be thereafter held by said 
 district for the same terra and for the same uses 
 for which it was originally granted to said t viis- 
 tees or others. But should the said trustees, 
 
 (a) Act May 8, 1^54, sec. 18. P. T.. page ()20. 
 {h) Act May 8, LS54, sec. IS. P. L. page ()20. 
 
OP PENNSYLVANIA. 1.^ 
 
 from indisposition on the part of the proper 
 ])oarrl of school directors of the district to ac- 
 cept of said conveyance or from other canses, 
 find it impossible to release themselves from 
 said trust, the}^, or a majority of them, may 
 appl3'' to the court of common pleas of the pro- 
 per county, praying said court to authorize and 
 direct the aforesaid trustee, trustees or other 
 persons, to make sale of the same, having first 
 given two weeks' previous notice in one or more 
 of the public prints of said county, of the time 
 and place of said sale, and shall make return 
 of proceeds of sale to said court, that the same 
 may, b}^ the direction of said court, be added 
 to the funds of the proper school district ; 
 whereupon the said trustee, trustees or other 
 persons, shall be discharged from all respon- 
 sibility in the premises, (o) 
 
 XIX. All deeds and other contracts in writ- 
 ing, made b}^ a school district, shall be signed 
 and sealed by the president of the board of di- 
 rectors or controllers, and countersigned by 
 the secretar3^ (&) 
 
 XX. All suits by a school district shall be 
 brought in its corporate name and be con- 
 ducted and managed by the board of directors 
 or controllers, as the case may be ; and all suits 
 against such distiict shall style the same ]\y its 
 c<irporate name, and all legal process, other 
 than writs to enforce payment of a judgment, 
 
 (a) Act May 8, 1854, sec. 18. P. 1;. page 620. 
 (6) Act May S, 1854,. sec. 19 P. L. page 02 1. 
 
16 SCHOOL LAWS AND DECISIONS 
 
 s'hall be served on either the president or sec- 
 retary of the board of directors or controllers, 
 as the case may be. (a) 
 
 15. Suits against a district for sums less 
 than $100, are to be brought before a justice 
 of the peace or alderman, and for sums over 
 $100, in the court of common pleas of the 
 proper county. 
 
 XXI. If judgment shall be obtained against 
 a school district, in any action or proceeding, 
 the part}^ entitled to the benefit of such judg- 
 ment may have execution thereof, as follows, 
 and not otherwise, to wit: It shall be lawful 
 for the court in which said judgment shall be 
 ol)tained, or to wliich such judgment shall be 
 removed hy transcript from a justice ol" the 
 peace or alderman, to issue thereon a writ, 
 commanding the directors or controllers and 
 treasu]'er of such school district, to cause the 
 amount thereof, with interest and cost, to be 
 paid to the party entitled to the beneiit of such 
 judgment, out of an 3^ moueys unappropriated 
 of such district, or if there be no such moneys, 
 out of the first moneys that shall be received 
 for tlie use of such district, and to enforce obe- 
 dience to such writ by attachment, (b) 
 
 IG. Debts contracted by a former board — 
 whether permanent or temporary, or for build- 
 
 (c) Act May. 8, 1864, sec. 20. P. L. page 621. 
 {«) Act May 8, 1854, sec. 21. P. L. page 629. 
 
OF PENNSYLVANIA. IT 
 
 ing or ordinary school purposes — if legally 
 contracted, are binding upon all future boards 
 of the district ; and provision is to be made 
 for their payment, or the payment of the inter- 
 est on them, by the existing board. 
 
 XXII. No person shall hereafter be incom- 
 petent to give evidence in any suit or action 
 in which any school district, or any officer 
 thereof, is a party, for or on account of said 
 person being an inhabitant of the district, or 
 by reason of his being liable to the payment 
 of any tax in which said school district may 
 be interested, (a) 
 
 B.— DIRECTORS AND CONTROLLERS. 
 
 1. ELECTION AND APPOINTMENT OF DIREOrORS 
 AND CONTROLLERS 
 
 XXIII. That school directors shall be elect 
 ed annuall}^ in each district of the State, in 
 the following manner, to wit : At the same 
 time and place that elections are held for 
 supervisors and constables, and in wards, in 
 cities or boroughs, at the time and place of 
 the borough or ward elections, and in like 
 manner, two qualified citizens shall be elected 
 school directors in each district, whose term 
 of office shall be three years; but in districts 
 where directors have not been elected, or in 
 new districts which may be established by the 
 
 (a) Aot May 8, 185i, sec. 51. P. L. pajye 62 . 
 
18 SCHOOL LAWS AND DECISIONS 
 
 erection of a new ward, borongh or township, 
 six directors sliall be elected in sucli districts 
 at tlie tirst election, two to serve one year, 
 two to serve two years, and two to serve 
 three years, and two annually thereafter ; and 
 in cit}^ and borough districts allowed to elect 
 three directors, the whole number for each 
 ward shall be chosen at the first annual election 
 after the passage of this act, one to serve for 
 one year, one to serve for two years, one to 
 serve for three years, and one annually there- 
 after, (a) 
 
 17. The election of school directors is one 
 of the most important duties the citizen is 
 called on to perform. It is no less than the 
 delegation to others, of his own rights and 
 powers as a parent, so far as the school culture 
 of his children is involved. It is no less than 
 the selection of those who, through the schools, 
 are to mould the minds and morals of the rising 
 generation. It is not merely the election of 
 persons to lay taxes, locate schools or build 
 school houses. Citizens, as parents and patri- 
 ots, should alwaj's see to i't in time, that none 
 but fit men be chosen to the oflfice. The past 
 ought to be looked to, and such directors as 
 have manifested a desire to perform their 
 duties conscientiously and faithfully, should 
 (a) Act May 8, 1854, sec 5. T. L. page 018. 
 
OF PENNSYLVANIA. 19 
 
 be re-elected. The solemn future should no 
 less be kept in vieAV, und no political or other 
 consideration be permitted to intrude improper 
 men into this vital office. 
 
 18. Every district must elect six directors 
 in the manner prescribed by law, except in 
 consolidated wards of boroughs and cities, 
 and in cases specially provided for by local 
 statute. 
 
 XXI Y. That when an independent school 
 district shall be established, the proper court 
 shall in the decree therefor designate the time 
 and place for holding the annual elections ©f 
 directors therein, and appoint two persons to 
 hold the first election at a time appointed 
 therefor, who shall give ten days' notice thereof 
 by printed or written handbills put np at not 
 less than six public places within said district ; 
 at which first election six directors shall be 
 chosen, two for three 3'ears, two for two years, 
 and two for one year then next ensuing, and 
 thereafter two directors shall be chosen for 
 three 3ears at the annual election to be called 
 and held by the president and secretary of the 
 board, at the time and place, and in the man- 
 ner in said decree therefor appointed, said elec- 
 tion, in all other respects, to be conducted in 
 conformitv with the existing school law; and 
 that in independent districts established or 
 herciifter to be established by the Legislature 
 wiliiuuL spc'.-ifylng the mode, time or i)lace of 
 
20 SCHOOL LAAVS AND DECISIONS 
 
 electing directors, the first election shall be 
 held at such time and place within the proper 
 district as shall be specified by written or 
 printed notices' thereof, put up at not less than 
 ten public places therein, signed by not less 
 than five taxable citizens thereof, and giving 
 ten full days' notice of such election, and sub- 
 sequent elections shall be held at such time 
 and place annually, as shall be designated by 
 similar notices signed by the president and 
 secretary of the proper board, said elections 
 in all other respects to be held and conducted 
 in the manner in this section before pro- 
 vided, (a) 
 
 19. Expenses for the election of school di- 
 rectors in independent districts, are to be paid 
 by th6 county, in the same manner as for the 
 election of township officers. 
 
 XXV. That when two or more candidates 
 shall have an equal number of votes for the 
 same term of office, at any election of direc- 
 tors or controllers, whereby their election shall 
 be prevented, the said candidates shall appear 
 at the next regular meeting of the board of 
 directors or controllers, which said board shall 
 determine their rights to seats therein, in the 
 following manner : i^allots shall be prepared 
 equal in number to the o})posing candidates, 
 on one-half of which the word " director " 
 shall be written; whereupon the said candi- 
 
 (a) Act April 11, 1^6L', sec. 9. P. L. pag'e -17;i. 
 
OF PENNSYLVANIA. 21 
 
 dates shall each draw from a proper receptacle 
 one of said ballots, and the candidate or can- 
 didates drawing the ballot or ballots marked 
 " director," snail be held and deemed duly 
 elected to the said office of director or con- 
 troller. And if vacancies are to be fdled, at 
 any election of directors, in addition to the 
 persons to be elected for the regular term, and 
 the voters shall all neglect to designate on 
 their tickets the term of office for which each 
 person voted for is a candidate, then the per- 
 son or persons having the highest number of 
 votes shall be declared elected for the longest 
 term or terms ; the next highest in vote, after 
 the filling of the longest term, shall be de- 
 clared elected for the next longest terra, and 
 so on, till all the terms vacant shall be fill.ed. (a) 
 20. No. XXV disposes of the perplexing 
 question of tie votes. — Of course it does not 
 refer to the case where only two directors are 
 to be chosen for three years, and the two can- 
 didates highest in vote have each the same 
 number of votes. Here the tie does not " pre- 
 vent " the election of either, for both are elect- 
 ed. It only relates to cases in which the num- 
 ber of candidates who are tied, is greater thau 
 the number of offices or vacancies for which 
 they are candidates, thus : three persons have 
 each the same number of votes for the tivo va- 
 
 (a) Act April 11, 1862, sec. 2. P. L. page 471. 
 
22 SCHOOL LAWS AND DECISIONS 
 
 cancies in the long term of three years ; or two 
 persons have the same number of votes for one 
 vacancy in the term of two years. 
 
 21. When all the tickets are without specifi- 
 cation of the term, the latter part of XXV 
 provides a remecl}^ In such case, the rule of 
 the longest term to the highest in vote, ap- 
 plies. But if some of the tickets polled have, 
 and some have not this specification on their 
 face, unless there was a common understand- 
 ing among the voters in regard to the length of 
 term intended for the candidates respectively, 
 those which have not, are to be rejected, and 
 the return is only to be given according to 
 their number of votes, to those whose tickets 
 specified the term on their faces. It is best, 
 therefore, for each voter to write on his ticket 
 the term, as well as the name of the person 
 voted for, to fill a vacancy. 
 
 XXVI. That the duplicate returns of all 
 elections for directors shall be made out, 
 signed and sealedby the judges, and delivered 
 by the constable or proper officer of said elec- 
 tion, one to the board of directors and the 
 other to the court of quarter sessions of the 
 county, within ten days thereafter, and each 
 person elected a director shall be notified 
 thereof in writing, within five days after the 
 election by the constable or other officer who 
 
OP PENNSYLVANIA. 23 
 
 held the election. If the legality of any elec- 
 tion for directors be contested in writing by not 
 less than ten qualified citizens of the district, 
 the said court of quarter sessions is hereby 
 authorized and required forthwith to examine 
 into the election, and to confirm or set it aside, 
 as shall seem just and proper, and if set aside, 
 to order a new election at the usual place, and 
 in the usual manner, on not less than two 
 weeks' public notice given by the proper offi- 
 cer, (a) 
 
 XXVII. That each board of directors shall 
 have power to fill any vacancy which may oc- 
 cur therein by death, resignation, removal 
 from the district, or otherwise, until the next 
 annual election for directors, when such va- 
 cancy shall be filled by electing a person from 
 the district in which the vacancy occurs to 
 supply the same, (b) 
 
 22. It does not require a quorum (four) to 
 fill a vacancy, caused l)y " death, resignation, 
 removal or otherwise." Any number to which 
 the board may be reduced by any or all of 
 these causes, can perform this indispensable 
 duty. But to do it satisfactorily, all the ac- 
 tual m.embers should be present, or have had 
 notice to be present, for the purpose. And if 
 only one member remain in ofltice, he can le- 
 
 (a) Act May 8, 1854, sec. 6. P. L. page 618. 
 (6) Act May 8, 1854, sec. 7. P. L. page 618. 
 
24 SCHOOL LAWS AND DECISIONS 
 
 gaily take means to fill the board. In that 
 case he should appoint one new member ; he 
 and that new member should then appoint a 
 third ; and so on, till the board is full. And 
 the whole of these proceedings should be put 
 on the minutes. 
 
 23. When a director resigjis his office loilh- 
 ovt being present in the board, the resignation 
 should be in writing, addressed to the presi- 
 dent, or, if it be the resignation of the presi- 
 dent himself, to the secretary. When a resig- 
 nation takes place by a member present, it may 
 be verbal. But in both cases it should be en- 
 tered on the minutes, accepted by the board, 
 and the acceptance also entered on the min- 
 utes. 
 
 24. Every member ceasing to be a re>^ident 
 of the district for which he was a director, 
 thereby vacates his office, without resignation, 
 from the day when he ceased being a resident ; 
 and the fact being known and entered on the 
 minutes, another is to be appointed in his 
 pi ace. 
 
 25. Failure by the voters to fill a vacancy^ 
 at the regular annual election, will authorize 
 the board to fill it, by virtue of the word 
 '' otherwise, " in No. XXVII. This means 
 
OP PENNSYLVANIA. 25 
 
 that if a member died or resigned, and the 
 hoard appointed another in his place till the 
 next election, and if at the next election the 
 people failed to elect any one to fill this 
 vacancy, the board may again treat it as a 
 vacanc}', and appoint a person to fill it till the 
 next succeeding annnal election. 
 
 XXYITI. That all directors shall be exempt- 
 ed from serving in any township, city or bo- 
 rough office, (a) 
 
 2G. The exemption from town^liij)^ city or 
 borough office^ does not prohibit the holding 
 of those offices, but merely confers the right 
 to be excused, if the director desires it. 
 
 XXIX. That tax collectors are township, 
 ward or borough officers, within the true in- 
 tent and meaning of the general school law of 
 one thousand eight hundred and fort3^-nine, 
 and one thousand eight hundred and fift^^-four, 
 and that school directors and treasurers of the 
 school fund were and are exempt from serving 
 as such collectors, within the meaning of said 
 acts, [h) 
 
 XXX. That if any person duly elected a 
 school director, shall refuse to attend a regular 
 meeting of the board, after having received 
 written notice from the secretary, to appear 
 and enter upon the duties of his office, or if 
 
 (a) Act May 8, 1854, sec. 10. P. L. page 619. 
 (6) Act May 8, 1855, sec 12. P. L. page 511. 
 
26 SCHOOL LAWS and decisions 
 
 any person having taken npon him the duties 
 of his office as director, shall neglect to attend 
 any two regular meetings of the board in suc- 
 cession, unless detained by sickness or pre- 
 vented by absence from the district, or to act 
 in his official capacity' when in attendance, the 
 directors present shall have power to declare 
 his seat in the board vacant, and to appoint 
 another in his stead to serve until the next 
 regular election, (a) 
 
 27. Absence from special or called meetings 
 will not justify the exclusion of a member 
 from the board. 
 
 28. A member elect should be duly notified 
 in writing, by the secretary, according to the 
 provisions of this act, before his seat can be 
 legally declared vacant by the board. 
 
 XXXI. That if all the members of any 
 board of directors or controllers, shall refus6 
 or neglect to perform their duties, by levying 
 the tax required by law, and to put or keep 
 the schools in operation so far as the means of 
 the district will admit, or shall neglect or re- 
 fuse to perform any other duty enjoined by 
 law, the court of quarter sessions of the proper 
 county may, upon complaint in writing, by 
 any six taxable citizens of the district, and on 
 due proof thereof, declare their seats vacant, 
 and appoint others in their stead, until the 
 next annual election for directors, {b) 
 
 (a) Act May 8, 1854, sec. 8. P. L. page 618. 
 (6) Act May 8, 1854, sec. 9. P. L. page 019. 
 
OF TENNSYLVANTA. 27 
 
 29. The ivords, " so far as the means of the 
 district iciir admit ^^^ do not justify directors 
 in providing means to keep the schools in 
 operation any shorter term than four months ; 
 because the law expressly enjoins it on the 
 board to keep them '' in operation not less than 
 four nor more than ten months in the ^^ear. " 
 The discretion given by No. XXXI, therefore, 
 only relates to those extremes, between which 
 they may select any term suitable to the 
 means of the district. But if they do not 
 keep them open at least the minimum term of 
 four months, the court will remove them. 
 
 XXXII. That all the school districts in 
 this Commonwealth, previously non-accepting, 
 which have put in operation a S3'stem of com- 
 mon schools, according to law, at any time 
 since the year one thousand eight hundred and 
 sixty, are hereby declared entitled to the same 
 State appropriations for school purposes 
 which they would have received had they 
 complied with the law in reference to common 
 schools, during and since that year, and the 
 Superintendent of Common Schools is author- 
 ized and required to pay out of the appropria- 
 tion to common schools, for the year one 
 thousand ei£*ht hundred and sixty-nine, by 
 warrants upon the State treasury, all sums 
 found to be due to such districts, by the pro- 
 visions of this act. (a) 
 
 (a) Act April 9, 1868, sec. 1. P. L. page 76. 
 
28 SCHOOL LAWS AND DBCISTONf? 
 
 XXXIII. That all school districts in this 
 Commonwealth, now non-accepting, which 
 shall put in operation a system of common 
 schools, according to law, on or loefore the 
 year one thousand eight hundred and seventy, 
 shall be entitled to all the State appropriations 
 for school purposes the}^ would have received, 
 during and since the 3'ear one thousand eight 
 hundred and sixty ; and the Superintendent of 
 Common Schools is authorized and required 
 to pay out of the" appropriation to common 
 schools, for the year following that during 
 wiiich any such district shall put the school 
 system in operation, by his warrant upon the 
 State treasur3^ in favor of such district, the 
 whole amount to which it would be entitled, 
 as herein provided, (a) 
 
 30. Up to May 1st, 18T0, nineteen districts 
 had complied with the provisions of this act, 
 leaving four still unwilling to do so. 
 
 IT. ORGANIZATION OF THE BOARD. 
 
 XXXIV. That the term of office of school 
 directors, from and after the first of Januarj^, 
 Anno Domini one thousajid eight hundred and 
 sixty-four, shall commence on the first Mon- 
 day of June, in each and every yenv : Provided^ 
 That the organization of each board of school 
 directors, as provided by the twelfth section 
 of the act of the eighth of May, one thousand 
 
 {cf) Act April 9, 18(38, see. 2. P. L. page 77. 
 
OF PENNSYLVANIA. 29 
 
 eight hundred find fifty-four, sliall be within 
 ten days of the first Monday of June, in each 
 year: Ayid provided further^ That the school 
 tax for each year shall not be levied until 
 after such organization, and before the first of 
 Jul}' of each j'ear : Provided^ That the pro- 
 visions of this act shall not extend to the city 
 of Philadelphia, nor to the county of Alle- 
 gheny, nor to the cities of Reading and Lan- 
 caster, {a) 
 
 XXXV. That each board of school direc- 
 tors, and each board of controllers in cities 
 and boroughs, shall meet and organize by 
 choosing a president and secretary, who shall 
 be members of the board, and a treasurer, 
 who may be a member of the board or other- 
 wise, at the discretion of the directors or con- 
 trollers. (6) 
 
 31. T fie fir at business at the meeting for or- 
 ganization^ after a temporary organization, is 
 the reading of the returns or votes of election, 
 to ascertain who are members. 
 
 32. Directors elect can exercise none of the 
 powers pertaining to their office till after the 
 organization of the new board, which can not 
 take place until after the first Monday in June. 
 
 33. If a hoard of directors fail to organize 
 because no one of them can obtain a majority 
 
 (a) Act April 22, 1S63, sec 1. P. L. page 523. 
 (h) Act May s, 1SG4, sec. 12. P. L. pap^e 619. 
 
30 SCHOOL LAAVS AND DECISIONS 
 
 of votes for president, it is such neglect of 
 duty^s will justify the court of quarter ses- 
 sions, upon the complaint of six taxable citi- 
 zens of the district, and upon due proof 
 thereof, to declare their seats vacant, and ap- 
 point others in their stead. 
 
 34. If the school directors yieglect to organ- 
 ize within ten days after the first of June, as 
 specified by law, they may do so at a future 
 time, and such organization will be strictly 
 legal, if no final steps should be taken in the 
 meantime to remove the directors elect from 
 oflQce by due course of laAv. 
 
 35. Tivo of the offices of the board can not 
 be legall}' held at the same time by the same 
 person ; except that the treasurer ma}', under 
 the circumstances specified under XC, act as 
 tax collector. 
 
 36. 2'he officers and members of the old 
 board are to perform their several duties until 
 the first Monday of June. The organization 
 of the old board ceases with the first Monday 
 in June, but steps should lie previously taken 
 for calling a meeting of tha new board in ac- 
 cordance Avitli the provisions of No. XXXlY. 
 
OF PENNSYLVANIA. ol 
 
 III. — DUTIES OF OFFICERS. 
 A. THE PRESIDENT. 
 
 XXXYI. That the president shall preside 
 at the meetings of the board, call special 
 meetings when necessary, issue the duplicate 
 and warrant for the collection of the district 
 taxes, take suflicient bond from the district 
 treasurer for the failliful discharge of his duty, 
 and sign the certilicate of the assessment of 
 the district taxes, and fdl orders on the district 
 treasurer by order of the board, also the annual 
 report of the district to the county superin- 
 tendent, and generallj^ do and perform all 
 other acts and duties lawfully pertaining to 
 the office of president of the board, (a) 
 
 3t. All deeds and contracts by the district, 
 including those with teachers, are to be signed 
 by the president. (No. XIX.) 
 
 38. In suits against the district, process is 
 to be served on the president or secretar}^, 
 (No. XX.) 
 
 89. ihe president is to swear or affirm to 
 the annual certificate of the time that the 
 schools have been open and iil operation. 
 
 40. The president votes on every question 
 like an}^ other member, and has no casting 
 vote. 
 
 (a) Act May 8, 1854, soc. lo. F. L. page 019. 
 
32 SCHOOL LAWS and decisions 
 
 B. THE SECRETARY. 
 
 XXXYII. That the secretaiy shall keep 
 full minutes of all the proceedings of the 
 board, in a book provided for that purpose, 
 prepare the duplicate of school tax, keep an 
 account of all abatements and exonerations 
 made by the board, prepare, attest and for- 
 ward to the county superintendent the annual 
 certificate of the number of months during 
 the year that the schools have been kept open 
 and in operation according to law. (a) Also, 
 the annual report of the district, prepare and 
 attest all orders on the treasurer, and do and 
 perform all other acts and duties lawfully per- 
 taining to the office of secretar3^ of the board, 
 and for his services shall receive such compen- 
 sation as the board may direct, (a) 
 
 41. The ojfice of secretary is a responsible 
 one. — Its duties are laborious, and it is highly 
 important that it be filled by a competent per- 
 son. It is indispensable that the minutes of 
 the board be carefully and accurately kept, 
 tax duplicates, bonds and other official docu- 
 ments made out in due form, and articles of 
 agreement, teachers' reports, the correspon- 
 dence of the district and other oflflcial papers, 
 carefully filed for preservation and reference. 
 
 (a) Act May 8, 1854, sec. 14. P. L. page 619. 
 (a) Act May 8, 1851, sec. 14. P. L. page 619. 
 
OP PENNSYLVANIA. 38 
 
 42. The names and P. 0. address of the 
 president, secretaiy and treasurer are to be 
 sent, upon the organization of the board, at 
 the first meeting after the annual election for 
 directors, by the secretary, to the State Super- 
 intendent, at Harrisburg, and also to the 
 county superintendent. Without this infor- 
 mation, thus promptly furnished, it is alwa^'^s 
 difficult, and sometimes impossible, to commu- 
 nicate with directors by letter, with mny de- 
 gree of certainty. 
 
 43. The secretary is to countersign — that is 
 officially attest — all deeds and contracts of 
 the board, after they have been signed by the 
 president. If the board have a seal, the sec- 
 retary is to have the custody of it, and is 
 to affix it to all deeds and contracts signed by 
 the president. 
 
 44. In suits against a district and service of 
 process on the secretary, he should at once 
 give notice thereof to the president, that the 
 necessary steps may be taken in the case. 
 
 45. The secretary is to receive the monthly 
 reports from the teachers, examine them, and 
 if correct, sign them. If not correct, he is 
 to have them made so, before issuing the 
 monthly order for the teacher's salary. 
 
 3 
 
34 SCHOOL LAWS AND DECISIONS 
 
 46. If a monthly report has been improper' 
 ly kept^ or the book abused, the secretary is 
 to refuse to issue the order for the salary of 
 the teacher presenting such report, till the 
 board shall have acted on the case. 
 
 47. At the end of the term^ the books of 
 monthly reports are to be deposited with the 
 secretary, and kept by him till the commence- 
 ment of the next term. 
 
 48. The secretary is to. see that the '' last 
 adjusted valuation'^ of taxable persons and 
 property, is procured from the county com- 
 missioners, in time for the making out of the 
 duplicate. 
 
 49. The dxiplicate is to be made out by the 
 secretary, under the direction of the board. 
 He is also to countersign it, and keep an ac- 
 count of all exonerations. (No. XXXYII.) 
 
 50. The copy of the '* Pennsylvania School 
 Architecture^ " furnished by the State to every 
 district in 185G, is to remain in the custody 
 of the secretary, and be delivered by him to 
 his successor in office when he retires. 
 
 51. The '''' Pennsylvania School Journal, ^^ 
 when supplied to each district at the expense 
 of the State, is sent to the secretary, and 
 each copy is to be by him laid before the 
 
OF PENNSYLVANIA. 35 
 
 board at the next meeting after its reception. 
 The file of the Journal, thus received, is also 
 to be preserved and transmitted to his succes- 
 sor in office. 
 
 52. The secretary is to keep the deeds, con- 
 tracts and other valuable papers and docu- 
 ments of the district, and transmit them to 
 his successor.* 
 
 53. TJie secretary is to deliver orders for 
 salary to teachers, at his own residence or 
 place of busyiess, and to others the orders for 
 their claims as allowed by the board, properly 
 signed by the president, without sending them 
 to the president for his signature. But in 
 districts, whose rules require the teachers to 
 attend monthly meetings of the board, the 
 teachers' orders are to be delivered at such 
 meetings. 
 
 XXXYIII. Immediately after the annual 
 dX^pointment of teachers, in each district, the 
 secretary of the board shall send a written 
 list of their names, and the schools to which 
 they have been respectively appointed, to the 
 proper county superintendent, with a notice of 
 the day upon which the ensuing term of school, 
 in the district, will commence, and the termi- 
 nation thereof, as directed by the board, (a) 
 
 (a) Act April 11, 1862, sec. 4. P. L. page 472. 
 
3^ SCHOOL LAWS AND DECISIONS 
 
 C. THE TREASURER. 
 
 XXXIX. That the treasurer shall give bond 
 to the president for the use of the district, in 
 such amount and with such sureties as shall 
 be approved by the board, for the faithful per- 
 formance of his duty ; he shall receive all 
 State appropriations, district tax, and other 
 funds of the district, and pay thereout all or- 
 ders of the board signed hy the president and 
 attested by the secretary ; he shall settle his 
 account annually with the directors and con- 
 trollers, in default of which he shall not be re- 
 appointed ; he shall pay over the balance with- 
 out delay to his successor in office, and gener- 
 ally do and perform all acts and duties law- 
 fully pertaining to his office as district trea- 
 surer, and shall be allowed to retain not exceed- 
 ing two per cent, on the mone}^ passing through 
 his hands for his services, (a) 
 
 54. DisjDutes between the treasurer and the 
 board are to be settled by the State Superin- 
 tendent, without cost to the parties, on a state- 
 ment of the case, concurred in by both. 
 
 55. The treasurer's duties are few and sim- 
 ple — to receive and safely keep the funds of 
 the district, pay all legal orders of the board, 
 ard ban drover any balance at the close of his 
 term, to his successor in office. The office is 
 not established for purposes of private specu- 
 
 (a) Act May 8, 1854, sec. 16. P. L. page 620. 
 
OP PENNSYLVANIA. 3T 
 
 lation. He cannot loan the money of the dis- 
 trict for his own benefit. 
 
 56. The treasurer is not to enter upon the 
 duties of his office till his official bond has 
 been presented and approved by the board. 
 
 5Y. A treasurer has no right to go behind a 
 school order to inquire into the propriety of 
 its amount. If it be for a legal purpose, and 
 signed by the president and attested by the 
 secretary, he must promptly pay it, without 
 delay or objection, upon presentation by the 
 rightful holder, in legal currency, or as good 
 current money as he received. If he have no 
 school monej's in his hands, that cause of re- 
 fusal to pay should be immediately reported 
 to the directors, who should take prompt mea- 
 sures to obviate the difficulty. It is the legal 
 right of teachers and others to have their 
 school orders paid in cash upon presentation 
 to the treasurer, without hindrance or delay. 
 It is a gross violation of duty for a school 
 treasurer to purchase school orders ; and if he 
 do it with his own funds when there is money 
 in the treasury, he should be immediately 
 removed from office, and punished for the 
 offence. 
 
 58. Every order should state on its face the 
 
38 SCHOOL LAWS AND DECISIONS 
 
 purpose for which it was drawn. If it do not, 
 the treasurer is not bound to pay it ; or the 
 auditors on settlement of his accounts may 
 refuse to allow it. 
 
 59. 7/* orders have been issued through mis- 
 take or imposition, the treasurer should be no- 
 tified not to pay them. It is his duty to re- 
 spect such notice until the difficulty can be 
 settled. 
 
 60. Executions under No. XXI are to he 
 paid by the treasurer out of any " unappro- 
 priated " funds in his hands, or which shall 
 first come into his hands. " Unappropriated," 
 here means mone}^ in the treasury beyond the 
 amount of the orders issued by the board but 
 not paid, previous to the service of the writ 
 of execution. An amount sufficient to pay 
 those previously issued orders is to be regarded 
 as appropriated." 
 
 61. No treasurer is to be re-appointed till his 
 accounts for the preceding j^ear have been set- 
 tled by the board and audited by the district 
 auditors. 
 
 62. The settlement by the board, under No. 
 XXXIX, is for the purpose of ascertaining 
 the district accounts, the amount of tax, &c., 
 paid in and of money paid out, and the bal' 
 
OF PENNSYLVANIA. 39 
 
 ance on hand, if any, for the information of 
 the board. 
 
 63. Tlie settlement hy the auditors of the 
 treasurer's accounts is to enable an appeal to 
 be taken to court, by either party, if the case 
 demand it. 
 
 64. The accounts of treasurers of indepen- 
 dent districts willbe settled by the auditors of 
 the township from which the district was taken. 
 
 65. Percentage is not to be allowed to an out-, 
 going treasurer on the unexpended balance in 
 the district treasury, handed over to his suc- 
 cessors. 
 
 66. Treasurers who refuse or neglect to pay 
 over to their successors in office, any balance 
 of funds in their hands, are liable to the dis- 
 trict for interest on the same, from the time 
 when this should have been paid over. 
 
 XL. That the treasurer shall settle his ac- 
 counts annually with the directors or control- 
 lers, in default of which he shall not be re- 
 appointed, {a) 
 
 D. GENERAIi PROVISION. 
 
 XLI. That if the president or secretary 
 shall absent himself from any meetings of the 
 board, or being present, shall refuse to perform 
 any of the duties of his office, a president or 
 
 (a) Act May 8, 1854, sec. -16. P. L. 620. 
 
40 SCHOOL LAWS AND DECISIONS 
 
 secretary pro tempore^ shall be appointed by 
 the members present, an entry thereof being 
 made on the minutes ; and the acts necessarily 
 performed by such president or secretary pro 
 tempore^ during such meeting, shall be as valid 
 and binding on the board and district, as if 
 they had been performed by the regular offi- 
 cers of the board, (a) 
 
 67. This act is intended to prevent delay in 
 the proceedings of a board by the absence, or 
 if present, by the refusal to act, of the regu- 
 lar officers. If others are appointed in such 
 csises, pro tempore, the fact either of absence 
 or refusal to act, should be entered on the 
 minutes with the names of the persons substi- 
 tuted. This being done, the official acts of the 
 officers |)ro tempore, or either of them, are as 
 valid and binding on the district, as those of 
 the regular officers would have been, had they 
 acted. 
 
 IV. MEETINGS OF THE BOARD. 
 
 XLII. That each board of directors and con- 
 trollers shall hold at least one stated meeting 
 in every three months ; and such other meet- 
 ings as the circumstances of the district may 
 require, shall be held at such time and place 
 as may be designated by the president and 
 secretary, upon due notice given to each mem- 
 
 (a) Act May 8, 1854, sec. 15. P. L. page 620. 
 
OF PENNSYLVANIA 41 
 
 ber of the board. If less than a majority of 
 directors or controllers attend any meeting, no 
 business shall be transacted thereat, except 
 that of adjournment, and of appointment to 
 fill vacancies in the board, as is hereinbefore 
 directed, (a) 
 
 68. The minutes of the last preceding regu- 
 lar^ and of all intervening special or called 
 meetings, should be read immediately after 
 calling the roll, at every regular meeting. 
 But the minutes of previous meetings need 
 not be read at any special or called meetings. 
 
 69- Four members regularly convened can 
 transact any business within the power of the 
 board ; and the majority of a quorum (three) 
 can decide any question, except those specified 
 in No. XLY, each of which requires the votes 
 of four in the aflSrmative, to adopt it ; and in 
 these cases the names of those voting in the 
 affirmative and negative are both to be entered 
 on the minutes. 
 
 70. All motions and resolutions of import* 
 ance, — such as those for the laying of tax, pur* 
 chase or sale of houses and lots, fixing the du- 
 ration of the school term, &c., should be put 
 in writing by the person offering them, before 
 
 (a) Act May 8, 1854, sec. 17. P. L. page 620. 
 
42 SCHOOL LAWS AND DECISIONS 
 
 being entertained by the president, and should 
 be entered on the minutes at length. 
 
 71. If less than four members attend, no 
 business can be legally transacted, except ad- 
 journing to some future time tlien to be named, 
 and filling vacancies in the board. 
 
 12. Directors as individuals signing an 
 agreement to purchase articles of furniture or 
 apparatus for the schools, does not bind the 
 board. What men do as individuals, they are 
 presumed to do for themselves ; the members 
 of a board of directors cannot act legally, unless 
 they act in a body. This decision applies to 
 signing requests for meetings to increase the 
 salaries of county superintendents, as well as 
 to all other acts which are done outside of the 
 board, and without its authorit3^ Of course 
 a board of directors can authorize a member 
 to discharge some duty, and then his acts 
 within the limit of his authority are legal. 
 A board of directors may also sanction the 
 individual acts of members, and thus legalize 
 them ; but the only safe way is to act in a body 
 as the law enjoins. 
 
 73. A tie vote loses the question, — that is, 
 the same number of votes on each side; or 
 rather, failing to carry by a majority of those 
 
OP PENNSYLVANIA. 43 
 
 voting, it leaves the question as it was before 
 the vote was taken, and therefore effects no 
 change. 
 
 74. Every regular meeting should adjourn 
 to meet again at a time and place then agreed 
 on, and so entered on the minutes ; unless the 
 time and place are determined by the standing 
 regulations, which ought always to be the case. 
 
 XLIII. That the term " stated meeting " or 
 " regular meeting " of the board of directors 
 or controllers, whenever they occur in the act 
 to which this is a further supplement, shall 
 hereafter be taken to mean the first meeting 
 thereof for organization after the annual election 
 of directors or controllers and the monthly or 
 other periodical meetings held thereafter, in 
 accordance with the standing regulations of 
 the board. But, if there are nj standing regu- 
 lations, then every meeting held in succession 
 from said first meeting for organization, by ad- 
 journment to a time and place certain, and so 
 entered on the minutes of the proper board, 
 shall be, to all intents and purposes, regarded 
 as a regular meeting, (a) 
 
 15. No business can be transacted at a spe- 
 cial or called meeting^ except that for which 
 the meeting was called, and which is either to 
 be specified in the call, or stated by the presi- 
 
 (a) Act April 11, 1862, sec. 3. P. L. page 471. 
 
SCHOOL LAWS AND DECISIONS 
 
 dent at the opening of the meeting, and put on 
 the minutes. 
 
 76. A called or special meeting need not be 
 adjourned to an}^ time and place, unless the 
 special business has not been completed, when 
 it may adjourn to some time and place named, 
 for the special purpose of completing it. 
 
 XLIV. If the president of the board of 
 school directors or controllers shall neglect or 
 refuse to call special meetings, when required 
 by a written request, signed by three members 
 of the board, such meetings may be called by 
 any two members of said board, and any busi- 
 ness, transacted at a meeting so called, shall 
 be legal, the same as though the meetings had 
 been held pursuant to a notice given by the 
 president, {a) 
 
 XLY. Thai no tax for school or building 
 purposes shall be levied, no resolutions shaU 
 be adopted for the purchase or sale of any 
 school real estate, no school house shall be lo- 
 cated, or its location abandoned or changed, 
 no teacher shall be appointed or dismissed, no 
 annual school term shall be determined on, nor 
 shall any general course of studies be adopted 
 or annual series of text-books be selected, in 
 any common school district, except by the 
 affirmative votes of a majority of the whole 
 number of the directors or controllers thereof; 
 and in each of said cases the names of the mem- 
 
 (a) Act April 17, 1865, sec. 2. P. L. page 62. 
 
OF PENNSYLVANIA. 45 
 
 bers voting, both in the affirmative and the 
 negative, shall be so entered on the minutes of 
 the board by the secretary, (a) 
 
 V. POWERS AND DUTIES OF DIRECTORS AND 
 CONTROLLERS. 
 
 XLYI. That the board of directors of every 
 district, and controllers in cities and boroughs, 
 under the provisions of section second, (No. 
 YIII,) shall possess and exercise the following 
 powers and perform the following duties, to- 
 gether with the other powers and duties given 
 and enjoined by this act. (6) 
 
 XLVII. They shall establish a sufficient 
 number of common schools for the education 
 of every individual above the age of six and 
 under twenty-one years, in their respective dis- 
 tricts, who may apply for admission and in- 
 struction, either in person, or by parent, guar- 
 dian or next friend, (c) 
 
 TT. The number of schools to be established 
 in any district is neither fixed by law, nor is 
 there any other indication given of a rule by 
 which it can be determined, except that in No^ 
 XLYII. There must be "a sufficient number 
 for the education of every individual, between 
 six and twenty-one ^-ears, who may apply for 
 admission and instruction." 
 
 (a) Act April 11, 1862, sec. 4. P. L. page 472. 
 (6) Act May 8, 1854, sec. 23. P. L. page 621. 
 (c) Act May 8, 1S54, sec. 23. P. L. page 621. 
 
46 SCHOOL LAWS AND DECISIONS 
 
 TS. This number is to he ascertained^ not by 
 any arbitrary rule of the board^ but deduced 
 from the experience of teachers and schools. 
 It is found that one teacher cannot do justice 
 to more than fifty pupils in daily attendance? 
 in a mixed school — if he can to so many ; and 
 therefore a daily attendance of materially over 
 this number in the schools of a district is a 
 violation of the spirit of the law, and the num- 
 ber of schools should be increased. 
 
 79. Neglect to provide a ^'^ sufficient number " 
 of schools, it is believed, is punishable by re- 
 moval from office of the board so neglecting 
 its duty, and the appointment of others in their 
 stead, under No. XXXI. 
 
 80. Persons over twenty-one years of age 
 are not admissible. There may be cases in 
 which adults would profit by attendance at 
 school ; but it would scarcely be well, as a 
 general thing, to allow persons to attend our 
 common schools who are over the age of 
 twentj^-one 3'ears. It will be noticed, however, 
 that the law does not absolutely prohibit the at- 
 tendance of such persons ; and, if their pre- 
 sence does not disturb others, or interfere with 
 the efficiency of the schools, directors may 
 permit it. 
 
OF PENNSYLVANIA. 4*1 
 
 81. Residence in the district and fit age are 
 the ODly requisites to entitle a person to ad- 
 mission to a common school in Pennsylvania. 
 
 82. Neither payment of tax nor application 
 by parent or guardian are requisite to admis- 
 sion. The one is indispensable for the support 
 of the schools, and the other is the usual 
 mode of obtaining admission to them ; but 
 every youth resident in the district, needing 
 instruction, and between six and twenty-one 
 years of age, must be admitted on his or her 
 own application. 
 
 83. The residence of a child is generally that 
 of the parent^ master or employer, with whom 
 he resides at the time of the application. The 
 conditions that would give a child a right to 
 vote, if a citizen, would give him a right to at- 
 tend school. 
 
 84. But the residence of the parent is not 
 necessarily that of the child, in reference to the 
 school. If a child reside in another district, 
 with a grand-parent or other relative, as a mem- 
 ber of the family ; or is working for his board- 
 ing and clothes, or for money, with privilege 
 to attend school part of the time ; or is in any 
 other way separated from his parents, with the 
 consent of the latter, by a permanent arrange- 
 
48 iSCHOOL LAWS AND DECISIONS 
 
 ment made in good faith and for his own bene- 
 fit — he thereby acquires a new school resi- 
 dence, and a right of admission to the schools 
 of the district within which he thus resides. 
 
 85. The legal residence of orphan pupils^ 
 and their consequent right of admission to the 
 schools, is in the same district with the guar- 
 dian, or in the district where the guardian has 
 provided the pupils with a permanent home. 
 
 86. ^ p)eriion residing in one district^ and 
 paying tax on property in another^ does not 
 thereby acquire a right to send his children to 
 the schools of any district, except that in which 
 he resides. It is age and residence, not pro- 
 perty and tax, that determine the right of ad- 
 mission to the public schools of a district. 
 
 8Y. Acceptance of a pupil by the teacher and 
 insertion of the name on the roll^is not admis- 
 sion, till acquiesced in b}^ the board or its proper 
 committee or officer. Admission and expul- 
 sion are powers solely vested in the board. A 
 teacher may, however, suspend a pupil until 
 the board can sit in judgment upon his con- 
 duct. 
 
 88. Deaf and dumb children and idiots 
 should not be admitted to a common school. 
 They can receive no benefit from its instruc- 
 
OF PENNSYLVANIA. 49 
 
 tions, and their presence would onl}' disturb 
 the other pupils. The State has made other 
 and proper provision for their due training, the 
 benefit of which should, if possible, be secured 
 for them by the proper directors. 
 
 89. Blind cMld^'en may learn something use- 
 ful in a well conducted common school^ espe- 
 cially if the oral method of instruction is un- 
 derstood and to any extent practiced by the 
 teacher. If quiet in their habits and brought 
 to school by brothers and sisters, and if no 
 better provision can be made for their instruc- 
 tion, they may be admitted. 
 
 90. Four months of instruction is obligatory. 
 No board has the legal right either to shorten 
 it or dispense with it entirely. The words, 
 " as far as the means of the district will ad- 
 mit," in No. XXXI, confer no discretionary 
 power. They only permit the board to select 
 any number of months between four and ten, 
 which the means at their command will allow 
 of. No. LXV, makes the assessment of a tax 
 for at least the minimum term of four months 
 imperative. 
 
 91. A summer term, of two months for the 
 smaller children^ under an inferior teacher^ 
 and a winter term of two months under a 
 
 4 
 
50 SCHOOL LAWS AND DECISIONS 
 
 teacher of a higher grade for more advanced 
 pupils, though in the same house, is not a full 
 legal term of four months ; — for the reason that 
 by this arrangement each pupil has only two 
 month's instruction. 
 
 XLYIII. They shall cause suitable lots of 
 ground to be procured and suitable buildings 
 to be erected, purchased or rented, for school 
 houses, and shall supply the same with the pro- 
 per convenience and fuel, and shall have power, 
 with the directors and controllers of adjoining- 
 districts, to establish joint schools, and the 
 expenses shall be paid as may be agreed upon 
 by the directors or controllers of said dis- 
 tricts, {a) 
 
 92. The number^ location^ size and ari'ange- 
 ment of school houses, and the necessity of 
 establishing and discontinuing them, have been 
 decided by the courts of several counties to 
 be questions for the discretion of the proper 
 board of directors, without control by judicial 
 authority, so long as a reasonable provision is 
 made for the wants of the district in these re- 
 spects. Still, though a board which neglects 
 to provide a sufficient number of comfortable 
 school houses, — at proper points, within a rea- 
 sonable distance of all the pupils, presided 
 
 (a) Act >iay 8, 1854, sec. 23. P. L. page 622. 
 
OP PENNSYLVANIA. 51 
 
 over by as good teachers as can he readily pro- 
 cured, and furnished with suitable furniture 
 and apparatus, — may not be liable to direct 
 judicial control, it certainly neglects a plain 
 duty, and betrays a sacred trust of the com- 
 munity. 
 
 93. Half an acre of ground, or at the very 
 least, a quarter of an acre should be secured 
 for every rural school house ; and if a whole 
 acre can be obtained, it will be so much the 
 better. 
 
 94. In towns, the school lots should be large 
 enough to afford pla.y ground and secure good 
 light and free air. 
 
 95. The location should he central to the 
 population to be accommodated, healthful and 
 on good traveled roads. Low and damp, or 
 bleak and exposed positions, should not be ac- 
 cepted even as gifts. 
 
 96. The title to the ground selected for a 
 school house should be carefully investigated 
 and found to be perfect, before the building is 
 commenced. 
 
 9t. When school lots are leased, the right to 
 remove the school house should always be re- 
 served in the lease. But no school house 
 
52 SCHOOL LAWS AND DECISIONS 
 
 should be built on rented ground, when a suita- 
 ble site can be purchased. 
 
 98. Trust property for school purposes, con- 
 veyed to directors under No. XYIII, can be 
 held and used for common school purposes, in 
 the same manner as other propert}^ belonging 
 to the board, except that it cannot be sold by 
 the board. 
 
 99. ^ school site out of the proper district 
 cannot be legally selected. This would produce 
 aw interference of jurisdiction between the 
 board and that of the district within which the 
 site was situated. 
 
 100. The board is to locate the schools ; and 
 by No. XLY, this important act cannot be 
 effected without the vote of a majority of the 
 members. No doubt the reason of this provi- 
 sion is, that dissensions may be terminated in 
 the board and the district, by a decisive vote. 
 
 101. The board is not bound by a vote of the 
 citizens of the district on a question of location. 
 In all cases it is proper to ascertain and to a 
 proper extent to be guided b}^ public sentiment, 
 on questions in which the public are directly 
 interested. But this can be as well ascertained 
 without the formality of an election, which 
 
OP PENNSYLVANIA. 53 
 
 generally only embitters the contest when the 
 result of the vote is not binding. 
 
 102. The plan of a proposed school house 
 should be matured with the greatest care. The 
 Pennsylvania School Architecture should first 
 be examined ; for though no design suitable to 
 the wishes of the board in all respects may be 
 found in it, yet valuable hints may be met and 
 parts of different plans combined, so as to suit 
 the case. Other good school houses should 
 also be examined. 
 
 103. A plan and specificatioyi should he pre- 
 pared and adopted in every case ; in the pre. 
 paration of which the Architecture will be 
 found useful. 
 
 104. A competent contractor should be em- 
 plo3^ed in every case, and a written contract 
 entered into. No school director should be the 
 contractor for building a school house. 
 
 105. It is usual to let the work by a public 
 bidding or sale, and this generally aftbrds the 
 most satisfaction. But the contract may be 
 given out without such bidding, if the board 
 think proper. 
 
 106. School houses ai^e to be erected at the ex- 
 pense of the whole district, and not of the por- 
 
54 SCHOOL LAWS AND DECISIONS 
 
 tion of the district to be accommodated 
 thereb}^ 
 
 lOT. The undoubted care and control of the 
 school houses are in the board of directors, by 
 this provision as well as the whole scope of the 
 law. The agreement with the teachers also 
 recognizes and secures this right, and infringe- 
 ment of it is a trespass. 
 
 108. School houses are to be used for school 
 purposes only, and directors may refuse them 
 for any other. They are not public property 
 in the sense that gives citizens a right to use 
 them for any but school purposes, without the 
 consent of the directors. They should not per- 
 mit them to be used for any other, unless in 
 cases where the purpose is innocent or promo- 
 tive of the general cause of education, and the 
 improvement of youth. 
 
 109. School houses cannot be taken for elec- 
 tion purposes without the consent of the pro- 
 per board. But this will usually be given 
 when the circumstances of the district require 
 it. An act of the Legislature, however, fixing 
 an election in a school house, is binding. * 
 
 110. The establishment of a joint school 
 must be a matter of agreement between the 
 boards of the two districts. Neither party can 
 
OP PENNSYLVANIA. 55 
 
 be compelled to enter into it. Such schools 
 are usually a subject of contention, and should 
 not be established unless the necessity for 
 them is very pressing. 
 
 111. If a liouse is to be built for a joint 
 school it should belong to, and its management 
 be vested in, the board on whose territory it 
 stands, and the board of the other district 
 should pay a fair annual compensation for the 
 privilege of sending to it, with the proper 
 proportion of the teacher's salarj^, and other 
 expenses. Besides, directors have no authority 
 to make an agreement for a joint school, that 
 will be perpetuall}^ binding upon their succes- 
 sors. All agreements for the establishment 
 of joint schools should be made for a stipu- 
 lated length of time, and either of the parties 
 to such an agreement can withdraw from it at 
 the expiration of that time. In all such cases, 
 however, courtesy would demand that timely 
 notice should be given to all interested, by the 
 party intending to terminate the agreement. 
 Proper regard should also be paid to the in- 
 terest of the children, who might be dej^rived 
 of convenient school accommodations, by hasty 
 action in breaking up a joint school. 
 
 112. The law does not specify the different 
 
56 SCHOOL LAWS AND DECISIONS 
 
 articles or kind of furniture proper for a 
 common school house. But, as in other matters 
 of detail, it leaves these points to the sound 
 discretion of the local directors. And it is 
 their duty to render the houses as pleasant 
 and the furniture as commodious, as the means 
 at their disposal will permit. 
 
 113. The words, '''proper convenience and 
 fueV^ mean a great deal. They embrace com- 
 modious seats and desks for the teacher and 
 pupils, means for cleaning and ventilating the 
 room, stoves or furnaces for heating it, and 
 whatever else in the way of furniture is re- 
 quired for the cleanliness and wholesomeness 
 of the house and the health and comfort of its 
 occupants. 
 
 114. Before furnishing a school house, well 
 furnished houses in other districts should be 
 examined. Much valuable information can be 
 obtained in this way. The portions of the 
 School Architecture on this head, may also 
 profitably be consulted. 
 
 XLIX. That whenever the board of direc- 
 tors or controllers of any school district in 
 this Commonwealth shall be unable to procure 
 such eligible sites for the erection of school 
 houses therein, as they may deem expedient 
 by agreement with the owner or owners of the 
 
OP PENNSYLVANIA. 57 
 
 land, it shall and may be lawful for the board 
 of directors, in hebalf of the district, to enter 
 ujoon and occupy sufficient ground for the 
 purpose, which they shall designate and mark 
 off, not exceeding in any case one acre, and to 
 use and occupy the same for the purpose of 
 erecting thereon a school house, with its ne- 
 cessary or convenient appurtenances ; and for 
 all damage done and suffered, or which shall ac- 
 crue to the owner or owners of such land by 
 reason of the taking of the same for the pur- 
 poses aforesaid, the funds of the district 
 which may be raised by taxation, shall be 
 pledged and deemed as security ; and it shall 
 and may be lawful for the court of common 
 pleas of the proper county, on application 
 thereto by petition, either by the said school 
 district, through the president and secretarj^ 
 of the board of directors, or by the owner or 
 owners of said land, or anyone of them in be- 
 half of all, to appoint a jury of viewers, con- 
 sisting of three discreet and disinterested 
 citizens of said county, who shall not be the 
 owners of property or residents in the school 
 district in which such land is taken as afore- 
 said, and appoint a time not less than twenty 
 nor more than thirty days thereafter for said 
 viewers to meet upon said land, of which time 
 and place ten days' notice shall be given by 
 petitioners to the said viewers and the other 
 part}^ ; and the said viewers or any of them, 
 having been first^duly sworn or affirmed faith- 
 fully, justly, and impartially to decide, and a 
 
58 SCHOOL LAWS AND DECISIONS 
 
 true report to make, concerning all matters 
 and things to be submitted to them, and hav- 
 ing viewed the premises, they shall establish 
 and determine the quantity and value of said 
 land so taken, to be used for the purposes afore- 
 said ; and after having made a fair and just 
 computation of the advantages and disadvan- 
 tages, they shall estimate and determine 
 whether any, and if au}^, what amount of dam- 
 ages has been or may be sustained, and to 
 whom payable, and make report thereof to said 
 court, and if damages be awarded and the re- 
 port be confirmed by the said court, judgment 
 shall be entered thereon ; and if the amount 
 thereon be not paid within thirty da3^s after 
 the entry of said judgment, execution to en- 
 force the collection thereof may be issued as 
 in other cases of judgment against school dis- 
 tricts ; and each viewer shall be entitled to one 
 dollar and fifty cents per day for every day 
 necessarily employed in the performance of 
 the duties herein prescribed, to be paid by 
 such district : Provided, That either party 
 shall have the right to have reviewers ap- 
 pointed by said court, {a) 
 
 115. The power to take compulsory posses- 
 sion of school sites, should not be exercised 
 unless suitable lots cannot otherwise be ob- 
 tained on reasonable conditions. 
 
 116. School sites taken under No. XLIX, 
 
 (a) Act April 9, 1867, sec. 1. P. L. page 51. 
 
OF PENNSYLVANIA. 59 
 
 cannot be sold by the directors, when no longer 
 used " for the purpose of a school house." 
 When not necessary or used for these pur- 
 poses, they revert to the original owner, his 
 heirs or assigns ; damages only for the use, 
 not purchase money for the property, having 
 been paid by the district. 
 
 L. That if it shall be found, that on account 
 of great distance from or difficulty of access 
 to the proper school house in any district, 
 some of the pupils thereof could be more con- 
 veniently accommodated in the schools of an 
 adjoining district, it shall be the duty of the 
 directors or controllers of such adjoining dis- 
 tricts to make an arrangement bj^ which such 
 pupils may be instructed in the most conve- 
 nient school of the adjoining district ; and the 
 expense of such instruction shall be paid, as 
 may be agreed upon by the directors or con- 
 trollers of such adjoining districts, by resolu- 
 tion or agreement entered upon the minutes 
 of the respective boards, (a) 
 
 in. Pupils cannot attend school in an ad- 
 joining school district longer than the term of 
 their own district ; otherwise, thej'' would have 
 an unfair advantage over the other pupils of 
 their own district ; but they may attend at a 
 
 (a) Act May 8, 1854, sec. 23. P. L. page 622. 
 
60 SCHOOL LAWS AND DECISIONS 
 
 different season, if the two districts do not 
 open their schools at the same time. 
 
 118. Pupils from an adjoining district^ are 
 to he charged for by the months at the same 
 rate as it costs the district receiving them, 
 per pupil, to keep its own schools in operation. 
 They are not merely to be paid for according 
 to the number of days of actual attendance ; 
 because, whether they attend or not, their seats 
 were vacant for them, and the teacher was 
 ready to give them instruction. 
 
 119. The hoard receiving pupils from an 
 adjoining district has no claim on their parents, 
 but only on the board of their proper district, 
 with whom there should be a written agree- 
 ment on the subject. 
 
 120. Adjoining districts in different counties 
 may legally enter into the arrangements au- 
 thorized b}^ No. L. 
 
 LI. For tne purpose of erecting school 
 houses or purchasing ground whereon to erect 
 school bouses, it shall be lawful for the direc- 
 tors or controllers of any district to borrow 
 money at a rate of interest not exceeding six 
 per centum, and issue bonds therefor in sums 
 of not less than one hundred dollars each : 
 Provided^ That the total indebtedness incur- 
 red by any district, under the provisions of this 
 
OF PENNSYLVANIA. 61 
 
 act, shall not at any time exceed one half of 
 one per centum of the assessed value of the 
 real estate of such districts, (a) 
 
 LIT. In all cases where real estate has been 
 or is held by trustees for the general use of 
 the neighborhood as a school house or its ap- 
 pendages, and the same has been or shall be 
 conveyed to the school district by the surviv- 
 ing trustees, such conveyance shall be as valid 
 to pass the legal estate in the premises to such 
 school district, as if executed by all of them, 
 pursuant to the fourteenth section of the act 
 of thirteenth June, Anno Domini one thou- 
 sand eight hundred and thirty-six. (b) 
 
 LIII. They shall exercise a general super- 
 vision over the schools of their respective dis- 
 tricts, and shall by one or more of their num- 
 ber visit every school in the district at least 
 once in each month, and shall cause the result 
 of such visit to be entered on the minutes of 
 the board, (c) 
 
 121. There is no duty which directors can 
 perform more salutary or better calculated to 
 promote the good of the schools, than that en- 
 joined in the preceding section. 
 
 LIY. They shall have the appointment of all 
 the teachers of common schools in the district, ^ 
 fix the amount of teachers' salaries, and may 
 
 (a) Act May 8, 1854, sec. 22. P. L. page 621. 
 (6) Act May 8, 1854, sec. 23. P. L. page 622. 
 (o) Act May 8, 1854) sec. 23. P. L. page 622. 
 
62 SCHOOL LAWS AND DECISIONS 
 
 dismiss them at any time for incompetency,* 
 cruelty, negligence or immorality, (a) 
 
 122. The appoinlment of teachers should 
 never be delegated to others, or be permitted 
 to be dictated by local or personal influence. 
 While the wishes of parents should, at all 
 times, be attended to when based on reasona- 
 ble grounds, the board itself is to make the 
 selection and meet the responsibility. 
 
 123. A teacher may be selected by one 
 member of the board ^ under a special arrange- 
 ment in the district ; but in such case the 
 teacher is not legally employed, till the selec- 
 tion is ratified by the board, and the fact en- 
 tered on the minutes. 
 
 124. No teacher should be employed without 
 a printed or written agj^eement. Innumerable 
 difficulties spring from the neglect of this mea- 
 sure. The printed form at the end of this 
 Digest should be used. 
 
 125. The certificate is a safe guide in select- 
 ing teachers, in regard to professional stand- 
 ing, and the grading of salaries in proportion 
 to the figures in the certificate, is a wise and 
 beneficial rule. The simple rule of accepting 
 
 (a) Act May 8, 1854, sec. 23. P. L. page 622. 
 
OP PENNSYLVANIA. 63 
 
 those with the best certificates — moral char- 
 acter being right — will soon exclude the in- 
 competent and render the task of selection 
 easy. 
 
 126. The employment of a teacher without a 
 valid certificate from the proper county super- 
 intendent, is illegal; for the law says else- 
 where, " no teacher shall be employed in teach- 
 ing any branch of learning other than those 
 enumerated in his or her certificate." (See 
 title Teacher^ under the head of Qualifications.) 
 
 12Y. Preference should he given to last 
 yearns teachers, if successful and of sufficient 
 acquirements. Not only is the risk of the fail- 
 ure of an untried teacher thus avoided, but 
 much of the pupils' time saved, by enabling 
 them to commence in their studies where they 
 left off at the end of the former year. 
 
 128. The opposition to female teachers^ so 
 prevalent in some counties, has no foundation 
 in reason or in fact. The truth is, that a larger 
 proportion of women than of men are quali- 
 fied, by nature as well as education, to impart 
 knowledge to beginners ; and that when equal- 
 ly educated, women are as capable as men of 
 instructing in the hi.o:her branches. The 
 mother is the first instructor ; and the sisterly 
 
64 SCHOOL LAWS AND DECISION^ 
 
 mind of the female teacher seems to be pecu- 
 liarly qualified to continue her instructions. 
 
 129. Family^ political or church influence 
 should never be permitted to swerve a direc- 
 tor from the line of duty, in the selection of 
 teachers. These have often been the bane of 
 the exercise of the office, in this its highest 
 function. 
 
 130. The jurisdiction and authority of the 
 teacher over the pupil is neither limited by the 
 school house walls, nor to the time the school is 
 actually in sessioji. As a general rule, in all 
 matters legitimately connected with the schools 
 and the manners and morals of the scholars, 
 the teacher's jurisdiction commences when pu- 
 pils leave the parental roof and control to go 
 to school, and continues until their return 
 from school. The teacher, however, is not re- 
 sponsible for the misconduct of pupils on the 
 way to and from school, though he has the 
 right to punish for such misconduct, when 
 brought to his knowledge. 
 
 131. The teacher is to bestow equal and im- 
 partial attention on all children placed under 
 his charge; to be undeviating in adherence 
 to a firm, uniform and moderate system of dis- 
 cipline; and to pay most especial regard to 
 
OP PENNSYLVANIA. 65 
 
 the morals, habits and general behavior, as 
 well as mental instruction of his pupils. The 
 religious predilections of pupils and their pa- 
 rents or guardians, should be sacredly respect- 
 ed, — sectarian instruction not being the pro- 
 vince of the school master, but of the parent or 
 guardian and the spiritual teacher selected by 
 him. 
 
 132. The teacher should govern his school 
 by appeals to the reason and better feelings of 
 his pupils^ if possible. But a teacher in the. 
 common schools stands in place of a parent to 
 a pupil, and may administer correction to him 
 under the same restrictions as in the case of a 
 parent. The right of the teacher to inflict 
 such punishment is founded upon the necessi- 
 ty of the case, and not upon statute. It is 
 absolutely necessary that good order should 
 be maintained in the schools, and that all pro- 
 per rules, regulations and commands of the 
 teacher should be strictly and promptly 
 obeyed. Hence a necessity exists for sufficient 
 power to enforce this duty, and therefore it is 
 held that the teacher may inflict such reason- 
 able corporal punishment upon his pupil as the 
 parent might inflict for a similar cause.' 
 5 
 
b6 SCHOOL LAWS AND DECISIONS 
 
 133. Attendance at school — written excuses. 
 Irregularity of attendance and insubordina- 
 tion on the part of pupils, are two of the heavi- 
 est drawbacks on the progress and prosperity 
 of the public schools ; and parents are greatly 
 to blame for not maintaining better govern- 
 ment at home, and aiding school officers and 
 teachers in preserving order and discipline in 
 the schools. The teacher is right in requiring 
 punctual attendance at school, and has also a 
 legal right to require a written excuse for non- 
 attendance, and the board of directors should 
 firmly sustain him in these reasonable and just 
 requirements. 
 
 134. The removal of teachers is in all cases 
 to be very cautiously effected. The law speci- 
 fies the causes for dismissal ; and it is alike 
 due to the dignity of the board and the rights 
 of teachers, that no one should be displaced 
 except on the clearest proof and after thorough 
 investigation, if necessary. A teacher wronged 
 in this respect can seek redress by a suit 
 against the board for damages. 
 
 135. Dismissal of a teacher is of two hinds: 
 from ^employments by the directors ; and from 
 the p7'ofession, by the county superintendent. 
 
 136. Dismissal of a teacher by directors be- 
 
OP PENNSYLVANIA. 6t 
 
 fore the end of the term agreed on, must be for 
 cause. The causes are set forth in 'No. LIY, 
 and either of them will be sufficient, if known 
 or proved to exist, to justify dismissal. 
 
 ISt. If incompetency, cruelty, negligence or 
 immorality, becomes known to the members of 
 ^he board in their official capacity while visit- 
 ing the school, no proof is requisite ; and the 
 teacher may at once be dismissed. But the 
 cause of the dismissal should be stated on the 
 minutes. 
 
 138. If facts of incompetency, cruelty, neg- 
 ligence or immorality be not knoivn to the board, 
 but charged by others against the teacher, a 
 hearing should take place, and a full investi- 
 gation in presence of the teacher be granted, 
 with reasonable notice to prepare for his de- 
 fence; and the result be entered on the min- 
 utes. 
 
 139. The dismissal of a teacher requires 
 the vote of a majority of the board under No. 
 XLY. 
 
 140. The dismissal should be in writing ; 
 stating the day when the teacher's connection 
 with the school is to cease. But it may be 
 verbal, by a member, if authorized by the 
 board. 
 
68 SCHOOL LAWS AND DECISIONS 
 
 LY. That it shall be the duty of every 
 teacher employed under the provisions of this 
 act, to make out and file with the board of di- 
 rectors or controllers of the district, at the end 
 of each month, a report setting forth the whole 
 number of pupils attending school during the 
 month, designating whether male or female, 
 the number of days each attended, the books 
 used and branches taught ; and until such re- 
 port shall have been made, it shall not be law- 
 ful for the board of directors to pay said teacher 
 for his or her services. T he reports made in 
 pursuance of the foregoing provision, shall be 
 regularly filed by the secretary of the board 
 of directors or controllers, and shall at all 
 times be subject to the inspection of any citi- 
 zen of the district, (a) 
 
 141. The keeping of the monthly report is 
 almost the only duty specificalty enjoined by 
 the law upon the teacher ; and under no cir- 
 cumstances is it to be permitted to be neglect- 
 ed. The penalty is, retention of salary till 
 this duty be complied with, and in no case 
 should a secretary issue an order till the re- 
 port is correct.- 
 
 142. The monthly reports have been im- 
 proved from time to time since the establish- 
 ment of the common school system ; and they 
 
 («) Act May 8, 1854, sec. 27. P. L. page 623. 
 
OF PENNSYLVANIA. 69 
 
 are now believed to embrace all that is neces- 
 sary. Unless they are properly and regularly 
 kept, it will be impossible to obtain and fur- 
 nish that statistical view of the schools, so 
 necessary to their own improvement and the 
 public information. 
 
 143. The hook form of monthly report now 
 in use, will be found invaluable to each suc- 
 cessive teacher of the same school, as it will 
 present him with an accurate view of its con- 
 dition, in several important particulars, during 
 the preceding term. 
 
 1 44. The fines for abuse or loss of the book 
 of monthly reports, provided for in the agree- 
 ment between the teacher and the board, should 
 in all cases be exacted. 
 
 LYI. They shall direct what branches of 
 learning shall be taught in each school, and 
 what books shall be used, agreeably to the 
 provisions of the twenty-fifth and thirty-eighth 
 sections of this act, and may suspend or expel 
 from the school all pupils found guilty, on full 
 examination and hearing, of refractory or in- 
 corrigibly bad conduct, (a) 
 
 145. The branches of orthography, reading, 
 writing, arithmetic, geography and grammar* 
 are peremptorily required to be taught in every 
 
 (a) Act May 8, 1854, sec. 23. P. L. page 622. 
 
10 SCHOOL LAWS AND DECISIONS 
 
 district — that is, to every pupil in every school 
 in the district, who requires instruction in 
 either or all of them. But in addition to these, 
 the law elsewhere permits and enjoins pro- 
 vision for instruction in "such other branches 
 as the board of directors or controllers may 
 require." (See title Schools, under the head 
 of Branches of Instruction.) 
 
 146. The only limit to the course of instruc- 
 tion in a common school is that set by the 
 wants of the pupils and the discretion of the 
 board. The higher branches of learning should 
 not, however, be introduced, either into mixed 
 schools or in those of grades established for 
 the purpose, till full provision has been made 
 for the instruction, in the rudimental branches 
 above named, of all who need them. 
 
 147. Books are generally provided by pa- 
 rents. Whether boards of directors have the 
 legal right to provide them under the law, re- 
 mains an unsettled question. If so provided 
 no distinction should be made on account of 
 circumstances. The same principle that-makes 
 tuition free to all should make books free to 
 all. 
 
 148. Books are to be provided by parents as 
 a general rule, but the children of indigent 
 
OF PENNSYLVANIA. 11 
 
 parents should be provided with books at the 
 expense of the district, when known to be un- 
 able to furnish them. 
 
 149. Suspension is the separation of the pu- 
 pil for a limited time from the school ; and it 
 may be either for bad conduct, for absence, 
 or as a sanitary measure. 
 
 150. Suspension for a definite time, as a 
 punishment, can only be inflicted by the board, 
 say for a month or the remainder of the term ; 
 and is only to take place after full examina- 
 tion and hearing, a note of which is to be put 
 on the minutes of the board. 
 
 151. Suspension on account of disease is to 
 be prescribed by the board whenever the safe- 
 ty of the school requires it, and should con- 
 tinue till the danger has ceased. Perhaps 
 the best evidence of this, is a certificate to the 
 board or the teacher, to that effect, by the at- 
 tending physician. 
 
 LYII. That immediately after the annual 
 election of teachers in each school district of 
 the State, and before the opening of the 
 schools for the ensuing term, there shall be a 
 meeting of the directors or controllers and 
 teachers of each district ; at which meeting the 
 dipectors or controllers shall decide upon a 
 series of school books, in the different branches 
 
72 SCHOOL LAWS AND DECISIONS 
 
 to be taught during the ensuing school 3^ear ; 
 which books, and no other, shall be used in 
 the schools of the district during said period, 
 (a) . 
 
 152. This section is designed to regulate 
 the securing of uniformity of text-books, and 
 not to authorize sudden and sweeping changes. 
 
 153. Uniformity of text-books is indispensa- 
 ble to success in teaching. This is so obvious 
 and now so generally admitted, that it is un- 
 necessary to dwell on the point. The law re- 
 quires it, and directors should enforce it. It 
 is not sufficient that the board should adopt 
 a uniform series by resolution. They are 
 bound to see it actually introduced. 
 
 154. The power of selecting the books to be 
 used by the pupils^ is left by law exclusively in 
 the hands of directors^ with that of prescrib- 
 ing the branches to be pursued in the schools. 
 But consultation with teachers on the text- 
 books to be used, should not be omitted. It 
 does not follow that an annual chunge in the 
 books is to take place. 
 
 155. The addition of a neiv work on some 
 branch introducad after the annual meeting 
 prescribed, is legal ; otherwise it would not be 
 
 (fx) Act May 8, 1854, sec. 23. P. L. page 623. 
 
OF PENNSYLVANIA. IS 
 
 practicable to introduce new studies or 
 branches of study as the pupils advance, but 
 only at the beginning of each school year. 
 
 156. The ScjHptui^es come under the head 
 of text-books^ and they should not be omitted 
 from the list. 
 
 157. Sectarian works and all books of a cow 
 troversial or immoral tendency should be ex- 
 cluded. The common school is no place for 
 con trovers}^ or the implanting of the habit of 
 it, either on religious or political subjects ; 
 much less for books or lectures of questiona- 
 ble morality. 
 
 158. 3Iaps^ slates, copy books^ c£'C., are inclu- 
 ded under the terms ^'•series of school books,^^ 
 in No. LYII ; and such of them as are most 
 suitable, should be adopted by the board. 
 
 159. The power to ^^ direct what branch of 
 learning shall be taughV^ in the schools, not 
 only is accompanied with the express power 
 to prescribe the books to be used, but also 
 clearlj^ implies the power to prescribe all other 
 means and facilities for the study of those 
 branches. If the words, "what books shall be 
 used" were taken strictly and literally, then 
 directors would have no power to direct the 
 use of pens and paper, slate and pencils, al- 
 
74 SCHOOL LAWS AND DECISIONS 
 
 phabet or other cards, — for none of these are 
 "books." Hence all apparatus and means 
 necessary to facilitate the prescribed studies, 
 for the general use of the school and not for 
 particular pupils, are to be selected and pro- 
 cured by the board. 
 
 160. Black-boards are indispensable^ whe- 
 ther designated as furniture or apparatus. 
 Whether actually black-boards or blackened 
 portions of the wall, they should be so large in 
 extent as to accommodate a whole class at a 
 time ; and if the whole interior wall of the 
 room, to the requisite height, be thus im- 
 proved, the better. 
 
 161. Haps, slates, charts — jjJioiietic and oth- 
 ers — a large Bible, a large school dictionary, 
 class register, &c., are also articles of school 
 apparatus, and should be found in every 
 school. 
 
 1 62. Apparatus for physical and gymnastic 
 training is within the power of the board to 
 supply, and will soon be found in or connected 
 with ever}^ good common school. On all these 
 points the School Architecture may be con- 
 sulted. 
 
 LYIII. That it shall not be lawful for the 
 county superintendents, directors or control- 
 
OF PENNSYLVANIA. t5 
 
 lers, or any other persons officially connected 
 with the common school system, to become 
 agents for the sale, or in any way to promote 
 the sale of any school books, maps, charts, 
 school app aratns or stationery, or to receive 
 compensation for such sale, or promotion of 
 sale, in any manner whatsoever ; and any vio- 
 lation of the provisions of this section shall be 
 deemed a misdemeanor, and punishable with 
 a fine or imprisonment, (a) 
 
 LIX. That it shall not be lawful for any di- 
 rector or president of any school board in this 
 Commonwealth to be interested in he fur- 
 nishing of books or any other supplies for said 
 schools, (b) 
 
 163. This law does not py^event any one from 
 being a dii^ecior^ on account of his business or 
 eni^oloyment. It only prohibits him from sup- 
 plying the articles in which he deals to the 
 board of which he is a member, or of being the 
 agent of others in such supplying. 
 
 164. No book-seller who is a director, can 
 legally be the agent of a publisher for the in- 
 troduction and supply of books, stationery, 
 &c., to the board, without incurring the pen- 
 alties of No. LYIII. Neither can the dealer 
 in any other article, who is a director, become 
 
 (a) Act May 8, 1854, sec 26. P. L. page 623. 
 (6) Act April 11, 1862, sec. 17. P. h. page 475. 
 
16 SCHOOL LAWS AND DECISIONS 
 
 the agent or contractor to supply the board 
 with that article. 
 
 165. A bookseller ivho is a director may le- 
 gally^ in the way of business^ sell school books 
 and stationery out of his general assortment, 
 to the children of the schools of his district, 
 without incurring the penalty of No. LYIII, 
 so long as he neither acts as a special agent 
 of publishers for the introduction and sale of 
 their works, nor supplies books, stationery, 
 &c., to the board, to be paid for by the board. 
 
 166. Agency by county superintendents for 
 school books, maps and apparatus &c., is as 
 improper as it is illegal. 
 
 LX. The directors and controllers of the 
 respective districts shall have power to estab- 
 lish schools of different grades, and to deter- 
 mine into which school each pupil shall be ad- 
 mitted, (a) 
 
 167. The duty of grading the schools is as 
 obligatory ivpon directors in districts admit- 
 ting of this arrangement, as it is to establish 
 them in sufficient numbers to educate all, of 
 proper age, who may apply. 
 
 168. In towns and densely populated school 
 districts, the grading of the schools not only 
 
 (a) Act May 8, 1854, sec. 23. P. L. page 622. 
 
OP PENNSYLVANIA. 77 
 
 secures the better and more speedy instruc- 
 tion of the pupils, and, if properly arranged, 
 decreases the expenses of the district in pro- 
 portion to the amount of instruction imparted, 
 but it elevates the common school plan of ed- 
 ucation, by enabling it to impart all the in- 
 struction the pupil requires, till of sufficient 
 age to leave home in pursuit of higher attain- 
 ments. Ungraded common schools are im- 
 perfect common schools, and should onl}^ be 
 tolerated while the circumstances of the dis- 
 trict render grading impossible. 
 
 169. The number of grades and the studies 
 in each, cannot be stated here. The experi- 
 ence of districts with successful graded schools 
 in operation, ^11 be the best guide to boards 
 contemplating this completion of the system. 
 Some useful views ma}^ also be found in the 
 Pennsylvania School Architecture. 
 
 170. The establishment of night schools for 
 the neglected and unemployed youth of cities 
 and large towns, when there are sufficient 
 numbers needing such aid, is as much the 
 duty of directors as that of day schools. No 
 special law is needed. The school law does 
 not prescribe the hour when the schools shall 
 be opened, nor the number of hours during 
 
78 SCHOOL LAWS AND DECISIONS 
 
 which they shall be open. Custom, it is true, 
 fixes the period somewhere between the hours 
 of eight A. M. and five P. M. ; but this cus- 
 tom may be departed from, at the discretion 
 of the directors, and to suit the wants of the 
 pupils. There is neither law nor reason to 
 support the idea that a boy or girl, whom ne- 
 cessity compels to labor during the day for 
 daily bread, shall, therefore, grow up in ig- 
 norance — a curse to self, and a burthen on the 
 public. 
 
 LXI. Thej^ shall pay all necessary expenses 
 of the schools by drafts on the district 
 treasurer, signed by the president and attested 
 b}^ the secretary of the board, the same being 
 entered on the minutes, (a) 
 
 171. Every order on the district treasurer^ 
 to be strictly legal, should be authorized to be 
 issued by a vote of the board in meeting, ex- 
 press on its face the purpose for which it was 
 issued, and be signed by the president and at- 
 tested by the secretary. 
 
 172. All important contracts should he in 
 writing ; especially with teachers, and con- 
 tractors to build school houses. In the for- 
 mer case the agreement should be attested by 
 
 (a) Act May 8, 1854, sec. 23. P. L. page 622. 
 
OF PENNSYLVANIA. 79 
 
 the secretary ; and in the latter, the signature 
 of any disinterested third person, who may 
 be at hand, would be advisable as an addi- 
 tional witness. 
 
 1*73. Directors may legally pay for i^tation- 
 ery, advertising for teachers, printing blank 
 orders, articles of agreement, &c., out of the 
 funds of the district. Also all postage upon 
 official business. 
 
 114. Directors may employ some one in the 
 vicinity of each school house as their agent, to 
 take care of the house, provide fuel, and at- 
 tend to the incidental repairs. It is improper 
 and impossible for directors to take charge of 
 these minor details in person, particularly in 
 large districts. 
 
 115. 1/ the teacher^s salary be not paid, 
 when due and demanded, it will be on interest 
 against the district, from the date of demand. 
 
 LXII. It shall be the duty of the board of 
 directors to publish an annual statement of the 
 amount of moneys received and expended, and 
 the amount due from collectors, and setting 
 forth all the financial operations of the dis- 
 trict, in not less than ten written or printed 
 hand-bills, to be put up in the most public 
 places in the district, (a) 
 
 (a) Act April 11, 18?2, sec. 18. P. L. page 475. 
 
80 SCHOOL LAWS AND DECISIONS 
 
 1T6. The annual publication of a statement 
 of the financial proceedings and condition of 
 the board, required by law, is a wise measure, 
 and it is the imperative duty of the board to 
 comply with this provision. 
 
 111. In preparing this statement, minute de- 
 tails of all the items need not be given. This 
 would render it uselessly troublesome to pre 
 pare and expensive to publish: Such general 
 results and classified items as will enable the 
 citizens of the district to fully comprehend 
 the proceedings of the board, are all that the 
 law requires. The statistics of the schools — 
 such as the number of pupils, number in ac- 
 tual attendance, &c., may be added, if theboard 
 think proper, but the law does not require it. 
 (See Form.) 
 
 118. In districts containing a newspaper, 
 oxe or more publications therein of the "An- 
 nual Statement," will be sufficient compliance 
 with the law, and will render the publication 
 by written or printed hand-bills unnecessary, 
 but they are indispensable in all other cases. 
 
 LXIII. That the directors or controllers of 
 the several districts of the State are hereby 
 authorized and required to establish, within 
 their respective districts, separate schools for 
 the tuition of negro aritl mulatto children, 
 
OF PENNSYLVANIA^ 81 
 
 whenever such schools can be so located as to 
 accommodate twenty or more pupils ; and 
 whenever such separate schools shall be es- 
 tablished, and kept open four months in any 
 year, the directors or controllers shall not be 
 compelled to admit such pupils into any other 
 schools of the district : Py^ovided^ That in ci- 
 ties or boroughs the board of controllers shall 
 provide for such schools out of the general 
 funds assessed and collected by uniform taxa- 
 tion for educational purposes, {a) 
 
 119. The duty enjoined by this section is im- 
 perative, and should be performed whenever 
 the circumstances demand it. 
 
 1 80. The twenty coloj^ed children necessary 
 to constitute a school of this class, are to reside 
 within reasonable distance of the proposed 
 point. If that number, or even more, are 
 scattered over the whole district, but so far 
 from each other that twenty cannot attend 
 the same school, the school is not be be estab- 
 lished. 
 
 181. If the requisite number cannot be col- 
 lected into one school, there is no provision in 
 the law which excludes them from the white 
 schools. 
 
 182. Colored schools are to have the same 
 
 (a) Act May 8, 1854, sec. 24. P. L. page 623. 
 6 
 
82 SCHOOL LAWS AND DECISIONS 
 
 duration of instruction as the white schools. 
 and are not to be closed in all cases at the end 
 of four months. 
 
 183. The proviso to No. LXIII seems to 
 confer the j^oiver on boards of controllers to 
 provide the school house, as well as to pay the 
 teacher, for a colored school, even though 
 there may not be a union between all the 
 wards of such controller district in regard to 
 real estate. 
 
 LXI Y. Each board of directors and control- 
 lers shall annually, on or before the first Mon- 
 day in June, make a report to the county 
 superintendent, setting forth the number and 
 situation of the schools in their district ; the 
 character of the teachers, designating whether 
 male or female ; the number and sex of the 
 scholars admitted during the year ; the num- 
 ber of months in the year during which each 
 school shall have been open ; the amount of 
 school tax levied and collected ; the cost of 
 school houses, either for building, renting or 
 repairing, and all other expenses which may 
 have been incurred in maintaining the schools 
 for their districts, together with such other in- 
 formation as may be beneficial to forming a 
 just estimate of the operation of the school 
 system, (a) 
 
 (a) Act May 8, 1854, sec. 23. P. L. page 622. 
 
OF PENNSYLVANIA. 83 
 
 184. The annual report is to be carefully 
 prepared and forwarded as directed by section 
 LXY. 
 
 185. A district failing altogether to forward 
 its annual report for any school year, will for- 
 feit its share of State appropriation for that 
 school year. 
 
 LXY. That as soon as the schools of any 
 district shall have closed for the school year, 
 commencing on the first Monday in June pre- 
 ceding, the president of the boards of direc- 
 tors, or controllers, shall certify, under oath 
 or affirmation, as to the whole number of 
 months the schools, in their respective districts, 
 have been kept open and \u operation, accord- 
 ing to law ; also, that no teacher has been em- 
 ployed for, or had charge of, any of the schools 
 of said district, during the year, who had not 
 a valid certificate from the county superin- 
 tendent, too^'Cther with the name and post oflftce 
 address of the district treasurer, and shall for- 
 ward the same to the county superintendent, 
 who shall immediately' approve said certificate, 
 if found to be correct, and transmit it to the 
 State Superintendent of Common Schools; if 
 it shall appear, by said certificate, that the 
 schools of the district have been kept open, 
 and in operation, according to law, at least 
 four months subsequent to the first Monday 
 in June preceding, and that no teacher has 
 had charge of any of the schools of the dis- 
 trict, during the whole time they have been 
 
84 SCHOOL LAWS AND DECISIONS 
 
 kept open during the year, who had not a 
 valid certificate from the county superinten- 
 dent, the State Superintendent shall draw his 
 warrant upon the State Treasurer for the 
 whole amount which such district is entitled 
 to receive from the annual State appropriation : 
 Provided^ That the board of directors, or con- 
 trollers, shall, at the same time, forward to the 
 county superintendent, a report of the condi- 
 tion of the schools, in their respective dis- 
 tricts, as directed in the twent3'-third section 
 of the act of May eighth, one thousand eight 
 hundred and fifty-four : And promded furiher, 
 That said certificate and report shall have been 
 transmitted to the Superintendent of Common 
 Schools, on, or before, the fifteenth day of 
 Jul}^, of the school year succeeding the one for 
 which the certificate and report were made, (a) 
 
 186. State app7'oiyriation to coiUrollers^ dis- 
 tricts is payable to the treasurer of the board 
 of controllers, and not to the ward treasurers. 
 
 LXVI That twenty-two days shall be held 
 to be a school month, and that two Saturdays 
 in each month, as the proper board shall 
 designate, which two Saturda3^s shall be held 
 to be a part of the school month, may, at the 
 discretion, and by an atfirmative vote of a ma- 
 jority" of all the members of the board of direc- 
 tors, or controllers, be appropriated to insti- 
 tutes for the improvement of the teachers of 
 
 (a) Act April 17, 1835. P. L. page 62. 
 
OF PENNSYLVANIA. 85 
 
 the said district : Provided, That in districts, 
 in which the schools are, or shall be, kept open, 
 and in operation, the maximum term now al- 
 lowed by law, and the teachers employed by 
 the year, the foregoing clause as to the num- 
 ber of days in the school month, shall not ap- 
 ply any further, than that the reports and 
 statistics of the schools shall be kepi in accord- 
 ance therewith, and that district institutes may 
 be held as thereby directed ; all acts or parts 
 of acts, inconsistent herewith, be and are here- 
 by repealed, (a) 
 
 LXYII. That no common school shall be 
 kept open, for the purposes of ordinary instruc- 
 tion, on any Saturday, (a) 
 
 181. By this act the holding of district in- 
 stitutes upon two Saturdays in each month is 
 left discretionary with the board of directors, 
 and the two days thus spent are to be con- 
 sidered as part of the twenty-two days re- 
 quired to constitute a teacher's month. 
 
 188. Directors should, at a regular meeting 
 previous to the time of employing teachers, 
 decide w^hether or not institutes shall be held 
 during the term, or year, and if held, upon 
 which Saturdays in each month, and the school 
 house in which the first shall be held. These 
 resolutions should always be placed on record, 
 
 (a) Act April 17, 1865, sec. 1. P. L. page 60. 
 
86 SCHOOL LAWS AND DECISIONS 
 
 and all the teachers of the district informed of 
 the facts in the case before they sign the con- 
 tract ; otherwise difficulties will arise betw^een 
 directors and teachers. If institutes are held 
 by order of the board, all the teachers in the 
 district must attend, or in case of absence 
 without a reasonable excuse received and ap- 
 proved by the board of (directors, forfeit one 
 day's wages for each day of non-attendance* 
 
 189. An institute held but half a day on two 
 Saturdays in each month, or on Friday even- 
 ing, will not answer the requirements of the 
 law. The teachers attending the institutes 
 should state the facts in their monthly reports, 
 in the column for the da3's upon which the in- 
 stitutes occur. A blank for the number of in- 
 stitutes held in the district during the year 
 will be found in the annual district reports for 
 1866, which blank should be filled by the secre- 
 tary from the numbers taken from the report 
 book of teachers. Twenty-two days are still a 
 school month, and in districts where no insti- 
 tutes are held, the full twenty -two days must 
 be taught for each month. A term of less 
 than eighty-eight day's teaching, will not en- 
 title such districts to their share of the appro- 
 priation. 
 
OF PENNSYLVANIA. 87 
 
 C— REVENUES FOR SCHOOL PUR- 
 POSES. 
 
 I. FINES. 
 
 LXVIII. Any person who shall be found 
 intoxicated in any street, highway, public 
 house, or public place, shall be fined, upon the 
 view of, or upon proof made before any mayor, 
 alderman, or justice of the peace, two dollars, 
 to be levied, with the proper costs, upon the 
 goods and chattels of the defendant, which 
 shall be paid to the treasurer of the scliool dis- 
 trict where such conviction is had, by the mag- 
 istrate collecting the same, (a) 
 
 LXIX. It shall be the duty of the court, 
 mayor or alderman, or justice of the peace, be- 
 fore whom an}^ fine or penalty shall be recov- 
 ered, to award to the informer or prosecutor, 
 or both, a reasonable share thereof for time and 
 trouble, but not in any case exceeding one- 
 third ; and the residue, as well as the proceeds 
 of all forfeited bonds as aforesaid, shall be paid 
 to the directors of the public schools of the 
 proper districts, except in the city of Phila- 
 delphia, where they shall be paid to the city 
 treasurer, to be applied for school purposes ; 
 and nothing herein contained shall prevent any 
 informer, or prosecutor, from becoming a wit- 
 ness in such a case. (6) 
 
 (a) Act March 31, 1856, sec. 29. P. L. page 207, 
 and Act April 20, 1858, sec. 22. P. L. page 370. 
 (6) Act March 31, 1856, sec. 31. P. L. page 2C7. 
 
88 SCHOOL LAWS AND DECISIONS 
 
 190. Treasurers should keep themselves ad- 
 vised as to the nione^'s in the hands of the offi- 
 cers specified, and make a demand of them for 
 the amount belonging to their respective dis- 
 tricts. If it be not promptly paid they should 
 take the legal steps necessary to collect it. In 
 cities and large towns these fines and forfei- 
 tures may make an important item iu the school 
 funds. 
 
 II. STATE APPROPRIATION. 
 
 191. The amount of State appropriation 
 due each district is based upon the number of 
 taxables, as certified by the county commis- 
 sioners at each tri-ennial assessment, and is 
 paid by warrant of the State Superintendent, 
 on the receipt at the School Department of the 
 certificate of the president and secretary, ap- 
 proved by the county superintendent, that the 
 schools have been kept open "according to law, 
 &c.," accompanied by the statistical report of 
 the school operations during the year. The 
 annual report and certificate being now both 
 required by law, before the warrant can be is- 
 sued, neither should be forwarded separatel}^ 
 Warrants will be cashed by the county trea- 
 surer, unless he has paid the State tax of his 
 county into the State Treasury and has no 
 
OP PENNSYLVANIA. 89 
 
 State funds in his hands. In that case, they 
 will be paid by the State Treasurer on presen- 
 tation. 
 
 By strict construction, the words, "accord- 
 ing to law," would imply, that any violation of 
 the law in the operation and conduct of the 
 schools of a district would work a forfeiture of 
 its State appropriation, and most especially, 
 if after due notice from the county superin- 
 tendent the directors continue for one month 
 to neglect or refuse to employ competent teach-, 
 ers to teach all the branches required by law, 
 viz : orthography, reading, writing, English 
 grammar, geography, arithmetic and History 
 of the United States. 
 
 III. ASSESSMENT OP TAXES. 
 
 LXX. That the school directors or controll- 
 ers of every district shall annually, and by the 
 votes of not less than a majority of the mem- 
 bers of the board, determine the amount of 
 school tax which shall be levied on their dis- 
 trict for the ensuing school year, which shall, 
 together with such additional sums as the dis- 
 trict may be entitled to receive out of the 
 State appropriation, and from other sources, 
 be sufficient and necessary to keep the schools 
 of the district in operation not less than four, 
 nor more than ten months in the year, (a) 
 
 (a) Act May 8, 1854, sec. 28. P. L. page 623. 
 
90 SCHOOL LAWS AND DECISIONS 
 
 LXXI. That the board of directors or con- 
 trollers shall annually proceed to levy and ap- 
 portion the said school tax, pursuant to this 
 act, (not exceeding the amount of State and 
 county taxes authorized by law to be assess- 
 ed,) on all objects, persons or property, made 
 or to be made taxable for State or county pur- 
 poses, and that all the taxes levied and as- 
 sessed, by the directors or controllers, within 
 each school year, shall be contained in the 
 same duplicate, (a) 
 
 LXXII. That the organization of each 
 board of school directors, as provided by the 
 twelfth section of the act of the eighth of May, 
 one thousand eight hundred and fifty-four, 
 shall be within ten days of the first Monday 
 of June in each 3'ear: And provided fiwther^ 
 That the school tax for each j^ear shall not be 
 levied until after such organization, and before 
 the first of July of each year, {h) 
 
 192. The amount of tax to be collected 
 within the current school year cannot be fixed 
 by vote of the board, until between the date of 
 the regular organization thereof, and the first 
 day of July of that school year. The school 
 tax for each year is to be levied during the 
 month of June, and the duplicate should be 
 made out and put into the hands of the collec- 
 tor as soon thereafter as practicable. 
 
 (a) Act May 8, 1S54, sec. 30. P. L. page 624. 
 (6) Act April 22, 18tJ3, sec. 1. P. L. page 523. 
 
OF PENNSYLVANl/*. 91 
 
 193. Assessment after the first da}^ of July 
 is, however, legal, and has been so decided. 
 But the better way is to comply with the law 
 literally. 
 
 194. The resolution fixing the amount and 
 designating the pnrposes of the tax, should 
 be in writing and entered on the minutes. 
 
 195. A majority of the members must vote 
 in favor of the amount levied ; if carried by a 
 less number the tax will not be legal. If a 
 vacancy exists in the board, it should be filled 
 before the tax is voted for, so that four votes 
 be had for the tax. The names of those vot- 
 ing, both in the affirmative and negative, 
 should be entered on the minutes. 
 
 196. School tax is to be levied but once a 
 year ; and the building tax, if any is required, 
 must be levied at the same time, and in the 
 same manner as the ordinary school tax. 
 
 197. The purposes for which school tax is 
 intended are two : School pui-poses and build- 
 ing purposes — called school tax and building 
 tax. 
 
 198. School tax is applicable to the pay- 
 ment of teachers' salaries, fuel, stationery for 
 the board, salary of secretary, books for indi- 
 gent children, and all other ordinar}^ annual 
 
92 SCHOOL LAWS AND DECISIONS 
 
 expenses necessary to keep the schools in op- 
 eration. Also, TV'hen there is no building tax 
 or fund, occasional repairs and additions to 
 furniture and apparatus, are to be paid for 
 out of the ordinary school tax. 
 
 199. Debt from a former year, for school 
 purposes, should be provided for by an addi- 
 tion to the ordinary school tax of the next 
 year. 
 
 200. The amount of ordinary school tax 
 cannot be greater in any district (except by 
 special legislation) than ''the amount of State 
 and county tax authorized by law to be as- 
 sessed." The amount authorized to be levied 
 at the time of the passage of the law was 
 thirteen mills on the dollar, ten mills for county 
 and three mills for State purposes. The State 
 tax has since been taken off real estate, but 
 this does not affect the amount of school tax 
 that can be levied for the reason that it was 
 the obvious intention of the law to fix that 
 amount at thirteen mills on the dollar, and 
 thus avoid the perplexing changes that would 
 otherwise cripple the financial management of 
 school affairs. 
 
 LXXIII. That the board of directors, (or 
 controllers in cities or boroughs where the 
 
OF PENNSYLVANIA. 93 
 
 school property is vested in them agreeably to 
 the provisions of section second,) may at any 
 time, not oftener than once in each school 
 year, levy a special tax, not exceeding the 
 amount of the regular annual tax for such 
 year, to be applied solely to the purpose of 
 purchasing or paying for the ground, and the 
 building or erection of school buildings there- 
 on, which said tax shall be levied and collected 
 at the same time, in the same manner, and 
 with like authorit}^, as the regular annual tax. 
 (a) 
 
 201. Building tax is applicable to the pur- 
 chase of school lots, the erection and repairs 
 of school houses, the fencing and improve- 
 ment of the grounds, the purchase of furniture 
 and apparatus, payment of insurance, interest 
 on building debt, and all expenses of .an oc- 
 casional or extraordinary nature connected 
 with the real estate of the board. 
 
 202. The school and building taxes are not 
 two taxes, but one tax. The^^ are two sums to 
 be voted by the board separately and for sepa- 
 rate purposes, but to be assessed and collected 
 in one duplicate, as one tax. When collected, 
 each is to be applied to its proper object, in 
 the proportions of the original vote, and so 
 accounted for. 
 
 (a) Act May 8, 1854, sec. 38. P. L. page 624. 
 
94 SCHOOL LAWS AND DECISIONS 
 
 203. A building debt akeady incurred for 
 the purchase of a lot, or the erection or repair 
 of a school house, may and should be paid by 
 the proceeds of a building tax, or sum subse- 
 quently^ levied for that purpose. 
 
 204. An intended building may be provided 
 for by the levy of a building tax or sum, one 
 or more years before the building is actually 
 commenced. This mode is often advisable, as 
 it prevents the imposition of an onerous tax in 
 one year. 
 
 205. When thirteen mills are levied for 
 school purposes in a district, the same amount 
 may be levied for building purjjoses ; making 
 in all twent3-six mills on the dollar, which is 
 the highest tax that can be legall}' levied in 
 one year. 
 
 206. If less than thirteen mills is levied in 
 any district for school purposes, then the sum 
 for building cannot exceed in amount that for 
 school purposes, that year. 
 
 LXXIY. That for the purpose of enabling 
 the board of directors or controllers to assess 
 and apportion the tax for the ensuing school 
 year, the county commissioners shall, when 
 required, furnish the president or secretary of 
 the board with a QO^y of the last adjusted 
 valuation of proper subjects and things made 
 
OF PENNSYLVANIA. 95 
 
 taxable in the same, for State and county 
 purposes, which said property, subjects and 
 things are hereby made taxable for school pur- 
 poses, according to the provisions of this act. 
 (a) 
 
 201. It is an official duty of the commission- 
 ers to furnish the "last adjusted valuation;" 
 and in case of refusal, the proper court would 
 grant a writ of mandamus, compelling them to 
 do so. 
 
 208. But a request in writing, for it, should 
 be made in due time by the secretary, if any 
 delay in furnishing the adjusted valuation is 
 apprehended. 
 
 209. Directors are not to call on assessors 
 for a copy of the valuation. It is the exclusive 
 duty of the county commissioners to furnish 
 it, and the directors cannot receive it from 
 any other source, or pay assessors for a copy 
 thereof. 
 
 LXXY. That it shall be the duty of the 
 several assessors to assess such persons as 
 may remove into the respective districts be- 
 tween the last assessment, and the first of 
 May in each 3'ear, or who may have been 
 omitted from the last assessment, and to re- 
 turn their names, with the amount of State 
 and county tax payable by each, to the board 
 
 («) Act May 8, 1854, sec. 29. P. L. page 624. 
 
96 SCHOOL LAWS AND DECISIONS 
 
 of school directors, who shall thereupon assess 
 the amount of tax pa5^able b}^ such persons, 
 which taxes shall be collected as in other cases. 
 (a) 
 
 210. The special assessments authorized by 
 No. LXXY do not refer to omissions of pro- 
 perty of taxable persons already assessed ; 
 but to such persons, with their property, as 
 have either removed into the district between 
 the last assessment and the first of Ma}^, or 
 ma}^ have been accidentally or otherwise omit- 
 ted altogether from the last assessment. 
 
 211. It is the duty of the assessor to make 
 the additional assessments required by No. 
 LXXY ; and he is to be paid therefor by the 
 county commissioners, and not by the direc- 
 tors. 
 
 LXXYL That at the next annual assess- 
 ment after the erection of any such new com- 
 mon school district, it shall be the duty of 
 the county commissioners of the proper coun- 
 ty to cause a separate assessment of the sub- 
 jects and things liable to school tax in each 
 portion of the new district lying within his 
 proper township, to be made out by the pro- 
 per assessor thereof, and to be returned to 
 them, wherefrom, after adjustment, they shall 
 cause to be made a correct copy of the assess- 
 ment thus obtained, in every portion of the 
 
 (a) Act May 8, 1854, sec. 35. P. L. page 625. 
 
OF PENNSYLVANIA. 9t 
 
 the new district, and shall furnish the same to 
 the secretarj^ thereof, in accordance with the 
 twentj^-ninth section of the act to which this 
 is a supplement ; and they shall, in like man- 
 ner and at the same time, cause to be made 
 out and furnished to the State Superintendent 
 of Common Schools, a full list of all the taxa- 
 ble inhabitants of said new district, according 
 to the provisions of the forty -ninth section of 
 the act to which this is a supplement ; and 
 the}^ shall pay out of the county funds to said 
 assessors, the usual compensation for the ser- 
 vices enjoined by this section, (a) 
 
 LXXVII. That the assessors in each and 
 every township, where any portion of said 
 township may be included within the limits of 
 an independent school district, shall write on 
 their duplicates, opposite the names of the 
 persons residing within said independent dis- 
 trict, the letters I. D., for the information of 
 the collector of said tax, and the county cow- 
 missioners. (6) 
 
 LXX VIII. If any assessor, or assistant as- 
 sessor, shall knowingly and intentionally omit, 
 neglect, or refuse to assess and return any 
 property, person or thing, made taxable by 
 law, or shall knowingly and intentionally as- 
 sess, rate, or value the same, at more or less 
 than he shall know and believe the just cash 
 value or rate thereof, or neglect or refuse to 
 
 (a) Act May 8, 1855, see. 7. P. L. page 510. 
 (6) Act May 8, 1855, sec. 3. P. L. page 509. 
 
98 SCHOOL LAWS AND DECISIONS 
 
 assess any tax required by law, he shall be 
 guilty of a misdemeanor in office, and on con- 
 viction thereof, be subject to imprisonment, 
 not less than three, nor more than twelve 
 months, and fined in a sum not less than one 
 hundred nor more than two hundred dollars. 
 (a) 
 
 LXXIX. That the twenty-ninth section of 
 the act to which this is a supplement shall 
 not be construed to authorize the taxation of 
 any objects or property for school purposes, 
 which shall not be contained in the copy of 
 the last adjusted valuation of proper subjects 
 and things made taxable for State or county 
 purposes, furnished to the board of directors 
 or controllers by the county commissioners. 
 
 212. The subjects of taxation, as a general 
 rule, may be said to be : every person, subject 
 and thing embraced in the "last adjusted val- 
 uation," received from the proper board of 
 county commissioners ; to which nothing can 
 be added, except as specified in No. LXXY. 
 
 213. There are three kinds of tax for school 
 purposes, according to their subjects, each 
 separate and independent of the other, and 
 all to be paid, when the subjects of them per- 
 tain or belong to the same person, viz : 
 
 (a) Act May 8, 1841, sec. 3. P. L. page 394. 
 (6) Act May 8, 1855, sec. 11. P. L. page 511. 
 
OP PENNSYLVANIA. 99 
 
 1. The minimum tax of one dollar on occu- 
 pations, salaries and emoluments of office, 
 and also on every resident male taxable of 
 the age of twenty-one years, not included in 
 these classes. 
 
 2. The rate tax on such trades, occupations, 
 professions and salaries, and emoluments of 
 office, as will yield over one dollar by the rate 
 on its valuation. 
 
 3. The rate tax on real estate and personal 
 property. 
 
 LXXX. That hereafter the tax imposed by 
 section thirty, of the act approved May 
 eighth, one thousand eight hundred and fifty- 
 four, for the regu]ation and continuance of a 
 system of education by common schools, on 
 trades, professions and occupations, or on sin- 
 gle freemen, shall in no case be less than one 
 dollar, (a) 
 
 LXXXI. That upon every resident male 
 taxable of the age of twenty-one years, whose 
 name is found entered upon the last adjusted 
 valuation, furnished according to law to any 
 board of directors or controllers, by the com- 
 missioners of the proper county, as a basis 
 for the assessment of school tax, or which may 
 be contained in the additional assessment au- 
 thorized by the thirty-fifth section of the act 
 to which this is a further supplement, the pro- 
 Co) Act May 21, 1857, sec. 2. P. L. page 632. 
 
100 SCHOOL LAWS AND DECISIONS 
 
 per board of directors or controllers shall as- 
 sess the minimum occupation tax now allowed 
 by law, to be collected with the other school 
 tax of the district now payable by such per- 
 son, (a) 
 
 214. Farmers, whether owners of lands or 
 only tenants, are now liable to the minimum 
 occupation tax of one dollar. But if a far- 
 mer's occupation is valued in the list at a sum 
 that would yield more than one dollar, he is 
 not to pay more than one dollar. In other 
 words, he is liable to the "minimum," but 
 not to the "rate" occupation tax. 
 
 LXXXII. That the school tax on all 
 watches and pleasure carriages, shall be at the 
 same rate on the adjusted valuation thereof, 
 as upon other property taxable by rate in the 
 proper district, and no more ; and all offices 
 and posts of profit, salaries and emoluments 
 of office shall only be taxed at the regular 
 rate of school tax of the district upon the 
 whole amount of the valuation thereof, and 
 no more, (b) 
 
 215. Watches and pleasure carriages, kept 
 for use, are now taxable, by the rate of the 
 district, on the returned valuation thereof. If 
 named but not valued in the list, silver 
 
 (a) Act April 11, 1862, sec, 5. P. L. page 472. 
 (6) Act April 11, 1862, sec. 6. P. L. page 472. 
 
OP PENNSYLVANIA. 101 
 
 watches are to be taken at $20, gold at $40, 
 and carriages, say at $40, and taxed by the 
 rate accordino;ly. 
 
 LXXXIII. That all money now or hereaf- 
 ter to become taxable for common school pur- 
 poses, and held, used or invested by any per- 
 son, company or corporation, in trust for the 
 use, benefit or advantage of any other person, 
 company or corporation, shall only be assess- 
 ed in, and subject to school tax, for the bene- 
 fit of the school district within which the trus- 
 tee thereof resides, or has his usual place of 
 business. And all real estate, so taxable for 
 school purposes, and in the charge or posses- 
 sion of any trustee as aforesaid, shall be as- 
 sessed in, and subject to school tax, for the 
 benefit of the school district within which the 
 same is situated ; and this section, so far as 
 the same is inconsistent with any former sta- 
 tute or decision, shall only take effect in the 
 assessment and collection of school taxes le- 
 vied for the school year, which will commence 
 on the first Monday in June, one thousand 
 eight hundred and sixty-two, and the succeed- 
 ing 3^ears. (a) 
 
 LXXXIY. That all mortgages, judgments, 
 recognizances and moneys owing upon arti- 
 cles of agreement for the sale of real estate 
 made and executed after the passage of this 
 act, shall be exempt from all taxation except 
 for State purposes ; and that from and after 
 
 (a) Act April 11, 1862, sec. 7. P. L. page 472. 
 
102 SCHOOL LAWS AND DECISIONS 
 
 the first day of December next no taxes of any 
 description shall be assessed or collected ex- 
 cept for State purposes, and from mortgages, 
 judgments, recognizances or moneys owing 
 upon articles of agreement for the sale of real 
 estate, whether made and executed before or 
 after the passage of this act : Provided^ That 
 nothing in this act shall be construed to apply 
 to mortgages, judgments or articles of agree- 
 ment given by corporations : Providing^ That 
 this act shall only apply to the counties of 
 Berks, Schuylkill, Luzerne, Clearfield, Alle- 
 gheny, York, Delaware, Montgomery, Ches- 
 ter, Lancaster, Huntingdon, Fulton, Bedford, 
 Blair, Lebanon, Clinton, Carbon, Monroe, Le- 
 high, Mifflin, Westmoreland, Northampton, 
 Juniata, Somerset, Lidiana, Greene, Elk, For- 
 est, Franklin, Perry, Cumberland, Dauphin, 
 Lawrence, Lycoming, Union, Snyder, Erie, 
 Crawford, Bucks, M'Kean, Philadelphia and 
 Mercer, {a) 
 
 216. The terms of this law are very plain, 
 and no school tax can now be legally collected 
 in the counties named in the act, on mort- 
 gages, judgments, recognizances and mone3^s 
 owing upon articles of agreement for the sale 
 of real estate. 
 
 21 Y. Money at interest when taxable at all 
 for school "purposes, is taxable for the benefit 
 
 (a) Act April 4, 18G8, sec. 1. P. L. page 61. 
 
OF PENNSYLVANIA. 103 
 
 of the district in which the lender, if an adult 
 and sui juris, resides. 
 
 218. Money at interest in care of a trustee 
 residing in one district, but belonging to a 
 ward or other person in another district, or 
 out of the State, is to be taxed by and for the 
 benefit of the schools of the district in which 
 the trustee resides, under No. LXXXIX. 
 
 LXXXV. That hereafter the assessors of 
 the several counties, within this Common- 
 wealth, shall, on seated lauds, make the assess- 
 ment in the township in which the mansion 
 house is situate, when township lines divide 
 a tract of land, (a) 
 
 219. If the mansion house of a tract of land 
 is in one township, and a portion of the tract 
 attached to it in another, the whole tract is to 
 be taxed by and for the benefit of the district 
 in which the mansion house is situated. 
 
 LXXXYl. That the fifty-ninth section of 
 the act of July 11, 1842, entitled "An Act 
 regulating election districts, and for other 
 purposes," shall not be construed to extend 
 to lands lying in different townships, the man- 
 sion house of which is in an incorporated 
 borough or city, (b) 
 
 220» If the mansion house of a tract of land 
 
 (a) Act July 11, 1842, sec. 59. P. L. page 331. 
 (h) Act April 25, 1850, sec. 15. P. L. page 572. 
 
104 SCHOOL LAWS AND DECISIONS 
 
 is in a borough or city, and a portion of the 
 tract attached thereto is in a township, each 
 portion is to be taxed by and for the benefit oi 
 the district in which it is located. 
 
 221. A deceased person's property, while it 
 belongs to the estate of the deceased, is taxa- 
 ble for school purposes, either in the name of 
 the deceased, or of the executors or adminis- 
 trators, or of his heirs, in the same way and to 
 the same extent as during his lifetime ; but not 
 to an occupation tax. 
 
 222. Yotin.o- tax— By the act of April 22, 
 1863, it was ordered that the new board shall 
 be organized on the first Monday in June, or 
 within ten days thereafter. It is recommend- 
 ed that each board throughout the State fix 
 upon that day for the organization, and have 
 it a standing rule entered upon the minutes, 
 and the secretary of the old board should give 
 notice to that effect. This act also requires 
 that tax be levied between the first Monday in 
 June, and the first day of July, hence an early 
 organization is absolutely necessary. 
 
 223. One of the first duties after the organi- 
 zation, is an examination into the financial 
 affairs of the district, and a determination of 
 the policy to be pursued in regard to the num- 
 
OP PENNSYLVANIA. 105 
 
 ber of schools, the length of terra, the salaries 
 of teachers and the building and repairing of 
 school houses. Having determined the amount 
 of debt or funds on hand, the ^vhole may be 
 embodied in the following form of resolution : 
 
 Resolved^ That in district there shall be 
 
 schools, for a term of months — that 
 
 the average salaries of experienced teachers, 
 with first class certificates, shall be dol- 
 lars per month ; that of inexperienced teach- 
 ers with certificates of a lower grade, shall be 
 
 dollars per month ; that house No. • 
 
 shall be repaired at a cost not exceeding • 
 
 dollars ; that a new house shall be built in the 
 
 place of No. ,at a cost not exceeding 
 
 dollars, and that dollars be allowed for 
 
 exonerations and contingent expenses. 
 
 224. If provision is to be made for the li- 
 quidation of debt, the sum must be added to 
 the amount of tax to be raised for other pur- 
 poses. If a balance is in the treasury or on 
 hand, the sum must be subtracted from the 
 amount determined on, for the expenses of the 
 year. The amount required, can thus be as- 
 certained : 
 
106 SCHOOL LAWS AND DECISIONS 
 
 Wages of six teachers for eiglit months, say 
 
 $30 per month $1,440 00 
 
 Wages of four teachers, for eight months, say 
 
 $25 per month 800' 00 
 
 Repairs in house No. 4, say 100 00 
 
 New house, No. 8, say 900 00 
 
 Exonerations and contingencies, say 200 00 
 
 Total current expenses for the year 3,400 00 
 
 Deduct State appropriation, say 300 00 
 
 Balance to be raised by tax 3,14000 
 
 225. This mode of connecting in one tax 
 and one duplicate, the "school" and "build- 
 ing" tax is the correct one. But when col- 
 lected the amount is to be divided between 
 the two funds, according to the original vote, 
 and each portion is to be applied to its proper 
 object, and cannot be applied to any other in 
 the expenditures of the district. The result 
 may then be embodied in the following form 
 of resolution : 
 
 Resolved^ That the sum of three thousand 
 one hundred and forty dollars, (3,140,) be le- 
 vied in the district for the current year ; two 
 thousand one hundred and forty dollars ($2,- 
 140) for school purposes, and one thousand 
 for building purposes ; that the secretary be 
 directed to apportion the same on the taxable 
 persons and property thereof, according to 
 
OF PENNSYLVANIA. 107 
 
 law, and that he report the duplicate at the 
 next meeting. 
 
 226. Aiyportioning tax. — It is the duty of 
 the secretary to apportion the tax. Immedi- 
 ately after his appointment he should apply 
 to the county commissioners for the duplicate 
 of the "last adjusted valuation," if the former 
 secretary has not received it. Knowing the 
 amount of money to be raised by taxation, he 
 may proceed as follows to apportion it : 
 
 1. Count in the list furnished by the coun- 
 ty commissioners all the male resident taxa- 
 bles over twenty-one years of age, whose oc- 
 cupation is not valued, together with all 
 whose occupation, or office, as valued, will pro- 
 duce exactly, one dollar, or less, when multi- 
 plied by the required rate. 
 
 22t. The number thus found, in this case, 
 for example, is one hundred and forty, (140.) 
 There are, therefore, one hundred and forty 
 dollars (140) to be deducted from $3,140, the 
 whole amount to be raised. This leaves $3,- 
 000 to be apportioned upon the taxable ob- 
 jects, or property of the district. 
 
 2. To ascertain what sum, at any specified 
 rate, will produce one dollar, divide one dollar 
 
108 SCHOOL LAWS AND DECISIONS 
 
 by the given rate expressed, decimally, and 
 the quotient will be the amount. 
 
 3. To ascertain the rate, divide the amount 
 of tax to be raised, written decimally, by the 
 valuation of the district, which, in this case, 
 we will put at four hundred and eighty-two 
 thousand dollars, ($482,000,) and we have the 
 rate six and one-fourth mills nearly, but as 
 ihis is an inconvenient number to multiply 
 by, it should be made six and one-half- mills, 
 and if the rate is a fraction greater than one- 
 half, it should be made another mill, thus 3^ 
 raised to 3 J, or 4f raised to 5. 
 
 228. Having ascertained the rate, the fol- 
 lowing general rule will assist in making out 
 the tax : If the product of the valuation upon 
 the occupation, or office, when multiplied by 
 the rate, will produce more than one dollar, 
 no additional dollar is to be paid, but in all 
 other cases the minimum tax of one dollar is 
 to be paid. There may be three cases under 
 this rule. First, Where no occupation is val- 
 ued. Second, Where the valuation, when mul- 
 tiplied by the rate, will not produce more than 
 one dollar ; and third. Where the valuation, 
 when thus multiplied, will produce more than 
 one dollar. The three following examples will 
 
OF PENNSYLVANIA. 109 
 
 make these cases clear, taking the rate as as- 
 certained to be six and one-half mills to the 
 dollar : 
 
 Example l. 
 
 James Cash, farmer, occupation not valued ; 
 
 minimum occupation tax |1 00 
 
 2 horses, |300 1 95 
 
 100 acres of land, ^500 29 25 
 
 Total amount of tax 32 20 
 
 Example 2. 
 
 Abel Tripp, tailor, occupation valued at |100 ; 
 
 minimum occupation tax fl 00 
 
 1 horse, ^120 78 
 
 Village house and lot, ^1,500 9 75 
 
 Total amount of tax 11 53 
 
 Example 3. 
 
 Richard Stone, lawyer, occupation valued 
 
 at 11,000 |6 50 
 
 Town lot and house, $2,500 16 25 
 
 Money at interest, 3,000 19 50 
 
 Gold watch, |40 26 
 
 Total amount of tax 42 51 
 
 IV. DUTIES OF TREASURER IN COLLECTING TAXES. 
 
 LXXXYII. That from and after the passage 
 of this act it shall be lawful for the board of 
 school directors of any school district in this 
 commonwealth, by resolution of the board, to 
 authorize the collection of the school tax in 
 the manner hereinafter provided. 
 
110 SCHOOL LAWS AND DECISIONS 
 
 The board of school directors shall place in 
 the hands of the treasurer a certified dupli- 
 cate of the school tax, and it shall be his 
 duty to give at least one month's notice of 
 the time and place at which he will attend, 
 at least one day, for the purpose of receiving 
 school tax ; and it shall be his duty to receive 
 and receipt for all school tax given him for 
 three months after the date of said notice : 
 Provided, That if any person, on or before 
 the expiration of two months after the date of 
 said notice, shall pay to the collector the 
 amount of his or her tax, such person shall be 
 entitled to a deduction of five per cent, on the 
 amount thereof, and for the remaining month 
 he shall make no abatement on the taxes re- 
 ceived, {a) 
 
 LXXXVIII. In case the taxes are not all 
 paid on or before the expiration of three months 
 from the date of said notice, the board of direc- 
 tors shall elect a collector, have the duplicate 
 placed in his hands, and issue to him a warrant 
 for the collection of the unpaid tax on said 
 duplicate ; and he shall proceed to collect the 
 unpaid tax assessed therein, with an addition 
 of five per cent, on the amount thereof, in the 
 manner heretofore provided by law ; he shall 
 be allowed such compensation as may be agreed 
 upon, not exceeding five per cent, of the money 
 collected ; and in addition, in case of distress 
 and sale of goods, he shall receive the same 
 
 (a) Act April 21, 1869, sec. 2. P. L. page 87. 
 
OP PENNSYLVANIA. Ill 
 
 fees as are now allowed by law to constables 
 for a levy and sale upon a writ of execution ; 
 which fees he shall retain out of the proceeds 
 of such sales after deducting the taxes and 
 the addition of five per cent, thereon.- (c) 
 
 LXXXIX. All acts or parts of acts for the 
 collection of school tax that are hereby altered 
 or supplied are hereby repealed, so far as they 
 relate to districts in which the board of direc- 
 tors authorize the collection of school tax by 
 the provisions of this act : Provided^ That 
 none of the provisions of this act shall apply 
 to the cities of Pittsburg or Allegheny, or to 
 the counties of Cumberland, York, Franklin, 
 Adams, Sullivan, Columbia, Montour, North- 
 umberland, Chester, Delaware, Montgomery, 
 Berks, Somerset, Bedford, Fulton, Allegheny, 
 Luzerne, Indiana, Cambria and Jefierson. (b) 
 
 229. In districts adopting this act, boards 
 of directors must employ the treasurer as col- 
 lector ; in all other districts he can only be 
 employed as such when the services of others 
 cannot be procurred. 
 
 V. DUTIES OP THE COLLECTOR. 
 
 XC. That the board of directors, or con- 
 trollers, shall appoint some suitable and com- 
 petent person as collector of the school tax 
 duplicate for each township, borough or ward, 
 
 (a) Act April 21, 1869, sec. 3. P. L. page 88. 
 (/)) Act April 21, 1869, sec. 4. P. L. page 88. 
 
112 SCHOOL LAWS AND DECISIONS 
 
 who shall be allowed such compensation as 
 may be agreed upon, not exceeding five per 
 centum on the money collected, for his ser- 
 vices ; and to whom a warraut shall be issued 
 by the president and countersigned by the 
 secretary of the board of directors or control- 
 lers, authorizing and requiring him to demand 
 and receive from every person in such dupli- 
 cate named, the sum wherewith such person 
 stands charged, in the same manner, and with 
 like power and authority to enforce the col- 
 lection of the same as is now or may hereaf- 
 ter be conferred by law upon the collector of 
 county taxes ; and the board shall have the 
 right at all times to make such abatements or 
 exonerations for mistakes, indigent persons 
 or unseated lands, as to them shall appear 
 just and reasonable, and the secretary shall 
 enter on the minutes the names of all persons 
 in whose favor such abatements or exonera- 
 tions were made, together with the reasons 
 therefor : Provided^ That in the event of 
 their failure to procure a collector for any 
 reason, they may appoint to that dut3^ the con- 
 stable or the treasurer of the school district, 
 who shall forfeit for ever3^ refusal to execute 
 ths same, by proof thereof being made before 
 any alderman or justice of the peace, the sum 
 of fifty dollars, which shall be added to the 
 school fund of the proper district, {a) 
 
 230. Mistakes made b}^ the assessor, in 
 
 (a) Act May 8, 1854, sec, 31. P. L. page 624. 
 
OF PENNSYLVANIA. 113 
 
 valuation, &c., are not within the power of 
 the board to correct ; but only mistakes made 
 by their own secretary in his calculations or 
 otherwise, in making out the duplicate. Mis- 
 takes made by the assessor should have been 
 set right at the regular township appeal. 
 
 NoTS. — The following districts have special 
 acts for the collection of school tax. These 
 provisions can not be extended to any district, 
 not named in the special act. Collectors un- 
 der these acts have the same authority as 
 those appointed under the general law. 
 
 Berks county. — Oley, Maiden Creek, Dou- 
 glass and Amity, (a) Jefferson, Penn, Exeter, 
 Washington, Centre, Union, (6) Spring, Breck- 
 nock, (c) Perry, (d) Rockland, (e) Richmond, 
 Herford, (/) Reading, (g) (h) Robeson, (i) 
 
 Bucks county. — Nockamixon, (j) 
 
 Lancaster county. — East Lampeter, West 
 Lampeter, Leacock, (k) Upper Leacock, East 
 
 (a) Act April 10, 1848, sec. 2 P. L. page 444. 
 (6) Act March 18 1852, sec. 13. P. L. page 155. 
 
 (c) Act April 21, 1852, sec. 4. P. L. page 387. 
 
 (d) Act April 14,1853, sec. 7. P. L. page 401. 
 
 (e) Act Feb. 26, 1853, sec. 7. P. L. page 121. 
 (/) Act March 31, 1854, sec. 1. P. L. page 249. 
 (Cf) Act April 14, 1863, sec. 1. P. L. page 410. 
 (A) Act May 4, 1834, sec 1. P. L. page 755, 756. 
 (i) Act March 16, 1866. P. L. page 213. 
 
 (j) Act May 5, 1854, sec. 1. P. L. page 580. 
 (A;) Act April 10, 1848, sec. 7. P. L. page 444. 
 8 
 
114 SCHOOL LAWS AND DECISIONS 
 
 Hempfield, (a) Penn, West Hempfield, Manor 
 and Rapho, (b) West Earl, (c) Conestoga, 
 C^narvon, Ephrata and Salisbury, (d) Mount 
 Joy and Elizabeth, (e) Warwick, (/) Paradise, 
 and West Cocalico, (g) Lancaster, (h) Lan- 
 caster city, (i) 
 
 Jefferson county, (j) (k) 
 
 Allegheny count}^, ( /) 
 
 XCI. That no person shall be appointed 
 collector of the school tax, unless he shall give 
 bond in such amount as shall be determined 
 by the board of directors or controllers, and 
 with such surety or sureties therein as shall be 
 satisfactory to the directors or controllers, or 
 a bond with mortgage of real estate sufficient 
 to secure such amount, (m) 
 
 231. No private citizen appointed collector, 
 and voluntarily accepting the office, can legally 
 be entrusted with the warrant and duplicate 
 
 (a) Act April 7, 1849, sec. 2. P. L. page 458. 
 (6) Act March 14, 1850, sec. 2. P. L. page 223. 
 (c) Act March 24, 1851, sec. 5. P. L. page 234. 
 Id) Act April 12, 1852, S3C. 1. P. L. page 327. 
 (e) Act April 23, 1«52, sec. 2. P. L. page 408. 
 (/) Act Feb. 9, 1853, sec. 7. P. L. Page 58. 
 (V) Act March 1, 1854, sec. 1. P. L. page 249. 
 (A) Act March 3, 1854, sec. 1. P. L. page 146. 
 {i) Act March 10, 1S55, sec. 1. P. L. page 92. 
 0') Act Feb. 12, 1862, sec. 1. P. L. page 29. 
 (A:) Act March 27, 1862, sec. 1. P. L. page 215. 
 (0 Act April 14, 1863, sec. 1. P. L. p. 434, 435, 436. 
 (w) Act May 8, 1854, sec. 32. P. L. page 624. 
 
OF PENNSYLVANIA. 115 
 
 till after he has given bond, with proper sure- 
 ty, and both have been approved by the board. 
 Great loss has resulted from neglect of this 
 plain duty; and any board guilty of it can 
 and should be removed from office by the pro- 
 per court. 
 
 232. If either the constable or the treasurer 
 is appointed collector under the proviso to No. 
 XC, he is bound to accept and act, under the 
 penalty therein named; and he and his sure- 
 ties are liable for the proper performance of 
 the duties of collector of school tax, under his 
 official bond as constable or treasurer, as the 
 case may be. This is " a duty of office," to 
 which both the constable and treasurer became 
 liable when they accepted those stations respec- 
 tively. 
 
 233. If the bond of the constable is not suffi- 
 cient to render the duplicate safe in his hands ; 
 that is, if the amount named and he and his 
 sureties are not sufficient, then the board 
 should not plajce the duplicate in his hands, 
 unless he will voluntarily (for he cannot be 
 compelled) give additional and sufficient sure- 
 ty, in a new bond as district collector, and 
 not as constable. 
 
 234. No director should be appointed col- 
 
116 SCHOOL LAWS AND DECISIONS 
 
 lector, except in the single instance of the ap- 
 pointment of the treasurer, when a director, 
 to the office of collector, under the proviso to 
 No. XC ; and this only from the necessity of 
 the case. 
 
 235. The collector of county rates is not 
 compellable to act as collector of school tax, 
 but may, if be consent to accept the appoint- 
 ment. In that case, he is to give a new bond 
 with surety, as school tax collector ; his bond 
 as collector of county rates not rendering him 
 or his bail liable for his acts as school collec- 
 tor. 
 
 236. If a collector of school tax dies with 
 a duplicate in his charge, the directors must 
 take it back ; the administrator of the deceased 
 being only required to settle with the direc- 
 tors' for such portion of the duplicate as the 
 deceased collector had collected or rendered 
 himself personally liable for. 
 
 23*7. In case of the death of a collector, and 
 the return of the duplicate, a new collector is 
 to be appointed, from whom a new bond and 
 suret}?^ are to be taken, and to whom a new 
 warrant to collect the balance of the duplicate 
 is to be issued. 
 
 XCII. That it shall be lawful for any col- 
 
OF PENNSYLVANIA. 117 
 
 lector, with the approbation of the treasurer 
 of the proper county or township, as the case 
 may be, to employ a suitable person to act for 
 him in the execution of his warrant, such col- 
 lector and his sureties being in all cases re* 
 sponsible for the acts of such deputy, (a) 
 
 238. If a deputy collector be appointed, un- 
 der No. XCII, it must be with the approba- 
 tion of the district treasurer, which approba- 
 tion should be in writing. 
 
 XCIII. That whenever school tax assessed 
 on unseated lands in any district, shall not be 
 voluntarily paid by the owner or owners there- 
 of, the collector shall certify the same to the 
 proper county commissioners, who shall en- 
 force the collection thereof with the taxes as- 
 sessed on unseated lands for county purposes ; 
 and when so collected, shall be paid to the 
 district treasurer by orders drawn on the coun- 
 ty treasurer, (b) 
 
 XCIY. That from and after the passage of 
 this act, assessors, supervisors and collectors 
 of road and school taxes, be and they are here- 
 by required to make their returns for the col- 
 lection of all taxes on unseated lands on or 
 before the first day of January in each and 
 every year, and if not so made by said assessors 
 and collectors, such returns shall not thereaf- 
 
 (a) Act April 15, 1834, sec. 51. P. L. page 519. 
 (6) Act May 8, 1854, sec. 34. P. L. page 625. 
 
118 SCHOOL LAWS AND DECISIONS 
 
 ter be received, nor shall such taxes be a lien 
 on real estate : Py^ovided^ That this section 
 shall not be construed to exempt any such as- 
 sessors and collectors, and their bail, from lia- 
 bility for not making their return according 
 to law. {a) 
 
 239. Owners of unseated lands are mistaken 
 in the opinion that they can avoid the collec 
 tion of the school tax assessed on their lands, 
 by voluntarily 'paying the county tax before 
 the lands are returned or offered for sale, but 
 leaving the school tax unpaid. In every such 
 instance it will be the duty of the county com- 
 missioners to enforce the paj^ment of the school 
 tax, in the same manner as if the county tax 
 had not been paid. 
 
 XCV. That if any person shall neglect or 
 refuse to make payment of the amount due by 
 him for such tax within thirty days of the time 
 of demand so made, it shall be the duty of the 
 collector aforesaid to levy such amount by dis- 
 tress and sale of the goods and chattels of such 
 delinquent, giving ten days' public notice of 
 such sale, by written or printed advertisement ; 
 and in case goods and chattels sufficient to 
 satisfy the same, with costs, cannot be found, 
 such collector shall be authorized to take the 
 body of such delinquent, and convey him to 
 
 (a) Act April 21, 1856, sec. 2. P. L. page 477. 
 
OP PENNSYLVANIA. 119 
 
 the jail of the proper count}^, there to remain 
 until the amount of such tax,togetlier with the 
 costs, shall be paid or secured to be paid, or 
 until he shall be otherwise discharged by law; 
 Provided, That nothing herein contained shall 
 authorize the arrest or imprisonment for non- 
 payment of any tax, of any female, or infant, 
 or person found by inquisition to be of un- 
 sound mind, (a) 
 
 XCYI. That goods and chattels of any 
 person occupying any real estate shall be lia- 
 ble to distress and sale for tllfe non-payment 
 of any taxes assessed upon such real estate, 
 during his possession or occupancy and re- 
 maining unpaid in like manner as if they were 
 the goods and chattels of the owner of such real 
 estate. (6) 
 
 XCYII. That all real estate in the Com- 
 monwealth, on which personal property can- 
 not be found sufficient to pay the taxes assess- 
 ed thereon, and the owner refuses to pay the 
 same, shall be returned by the collector to the 
 county commissioners, and sold as unseated 
 land at the expiration of two years after the 
 refusal ; with the rio^ht of redemption within 
 one year after actual notice from the county 
 treasurer, that the land has been sold, (c) 
 
 (a) Act April 15, 1834, sec 21-. P. L. page 514 ; and 
 Act April 15, 1834, S3C. 45. P. L. page 51«. 
 
 (&) Act April 15, 1834, sec. 46. P. L. page 518. 
 (c) Act April 29, 1844, sec. 41. P. L. page 501. 
 
120 SCHOOL LAWS AND DECISIONS 
 
 240. The three hundred dollar law does not 
 exempt property, either personal or real, from 
 levy and sale for taxes by the collector. 
 
 241. If tax is due by a citizen residing in 
 another district, the collector can demand it 
 from him there, but he cannot enforce payment 
 by seizure of property there. 
 
 242. If the collector do not make payment 
 of the tax to the district treasurer at the times 
 and in the sums specified in his bond, it is a 
 breach of the bond for which he and his sure- 
 ties at once become liable to the board. 
 
 243. Collectors must pay over the tax in 
 legal currency, or as good current money as 
 they receive. 
 
 244. A collector has nothing to do with 
 claims against the board of directors ; nor are 
 such claims a legal offset against the demands 
 of the collector upon his duplicate. 
 
 245. It is illegal for the collector to buy 
 school orders, nor can the district treasurer be 
 compelled to receive such orders from the col. 
 lector instead of the money. He has no right 
 to assume the duties, or interfere with the 
 rights of the treasurer, when these offices are 
 not filled b}^ the same person. 
 
 246. Directors have no authority to pay 
 
OF PENNSYLVANIA. 121 
 
 more than five per cent, for collecting school 
 tax, under any circumstances. 
 
 2i7. Collectors can receive percentag-e only 
 upon the taxes actually collected by them. 
 
 248. Disputes between a collector and the 
 board, concerning the duties of their office, are 
 to be settled by the State Superintendent, on 
 a statement concurred in by both parties, and 
 
 without cost. 
 
 XCVIII. That the period during which war- 
 rants hereafter to be issued to collectors shall 
 be effectual for the collection of taxes, shall be 
 
 two years and no more, (a) 
 
 249. Money due from tax collectors of pre- 
 ceding years, can be collected from them by 
 the district by suit upon the collectors' bonds J 
 or if they have given none, by an ordinary ac- 
 tion of debt. 
 
 250. The three hundred dollar law only 
 applies to ordinary debts upon contract. A 
 defaulting collector of school tax, against 
 whom judgment has been obtained and execu- 
 tion issued, cannot claim the benefit of its 
 provisions. 
 
 251. Though the tax may be collected any 
 time within two years, yet the bond should 
 
 (a) Act April 22, 1846, sec. 21. P. L. page 490. 
 
122 SCHOOL LAAVS AND DECISIONS 
 
 require and the board should exact the collec- 
 tion and settlement of the duplicate within 
 one year. No other course will keep the 
 financial affairs of the district in a satisfactory 
 condition. 
 
 XCIX. That every collector, shall within six 
 weeks from the date of his warrant, pay all 
 such moneys as he may by that time have re- 
 ceived, to the treasurer of the proper county 
 or township, as the case may be, at a certain 
 time and place to be mentioned in such war- 
 rant, (a) 
 
 C. That every collector shall, within three 
 months after receiving the corrected duplicate, 
 pay into the hands of the treasurer of the 
 proper county or township, as the case may 
 be, the whole amount of the taxes charged 
 and assessed in such duplicate, excepting 
 such sums as the commissioners or supervi- 
 sors and overseers, as the case may be, in their 
 discretion, may exonerate him from, on pain 
 of being answerable for, and chargeable with 
 the whole balance so remaining unpaid, (h) 
 
 CI. That the secretary of any board of di- 
 rectors or controllers may at any time, within 
 one year from the delivery of the duplicate of 
 school tax to the collector thereof, file a cer- 
 tificate signed by the president and attested 
 by the secretary, in the office of the prothono- 
 
 («) Act April 15, 1834, sec. 47. P. L. page 518. 
 (6) Act April 15, 1834, sec. 49. P. L. page 519. 
 
OF PENNSYLVANIA. 123 
 
 tary of the court of common pleas of the pro- 
 per county, stating tl\e amount of said tax 
 due and unpaid*!)}^ said collector at the date 
 thereof; and it shall be the duty of the pro- 
 thonotary to enter the same on his docket ; 
 which certificate shall, from such entr}^, have 
 the same operation and effect as a judgment 
 of said court against said collector and his 
 sureties, and execution may be issued thereon, 
 in like manner as in judgments, for the amount 
 remaining unj^aid at the date of said execution, 
 at any term of the court aforesaid, (a) 
 
 252. The secretary's duty under this act 
 should not be omitted, unless by express vote 
 of the board. The balance unpaid should be 
 entered at the expiration of three months from 
 the delivery of the duplicate. 
 
 CII. That it shall not be lawful for any col- 
 lector to institute a suit for the recovery of any 
 tax in any court of this State, or before any 
 alderman or justice of the peace of this State, 
 and no such court, alderman or justice shall 
 issue process for such purpose. (6) 
 
 253. Uncollected taxes after two years from 
 the date of the warrant, can only be collected 
 by suit, on the part of the board (if the former 
 collector is not liable,) before a justice of the 
 peace, if under, or in court, if over $100. 
 
 (a) Act April 11, 1862, sec. 13. P. L. page 474. 
 (6) Act April 15, 1834, sec. 50. P. L. page 519. 
 
124 SCHOOL LAWS AND DECISIONS 
 
 cm. That the provisions of the fiftieth sec- 
 tion of an act of the General Assembly of this 
 Commonwealth, entitled "Ati Act relating to 
 county rates and levies, and township rates 
 and levies," passed April 15, 1834, shall not 
 be so construed as to prohibit a collector of 
 taxes from instituting suit or suits for the re- 
 covery of taxes due and unpaid, at any time 
 after the expiration of his warrant ; but in all 
 cases where taxes are due and unpaid to any 
 collector, after the expiration of his warrant, 
 when such collector has not been legally ex- 
 onerated therefrom, every such collector or 
 person, his executors, administrators or any of 
 them, is hereby declared to have full right and 
 power to sue for and recover the same, with 
 interest thereon, after the expiration of his 
 warrant aforesaid, from all and every person 
 and persons, bodies politic and corporate, ow- 
 ing the same, as other debts of like amount are 
 now by law recoverable, (a) 
 
 VI. DUTIES OP AUDITORS. 
 
 CIY. That it shall be the duty of the bo- 
 rough and township auditors, in addition to 
 the duties now imposed upon them by law, to 
 settle annually the accounts of the school 
 treasurers of the different school districts in 
 this Commonwealth ; and that either party 
 may take an appeal, as is now provided for in 
 other cases of settlement of accounts by town- 
 
 (a) Act April 11, 1848, sec. 3. P. L. page 524. 
 
OP PENNSYLVANIA. 125 
 
 ship auditors: Provided^ That this act shall 
 not apply to the city and county of Philadel- 
 phia, (a) 
 
 CY. The auditors of each township, any 
 two of whom duly convened shall be a quorum, 
 shall meet annually on the second Monday of 
 April, and oftener if necessary, and shall audit, 
 settle and adjust the accounts of the supervi- 
 sors and treasurer of the township, and such 
 other township officers as may by law be re- 
 ferred to them. (6) 
 
 CVI. The report of such township auditors 
 shall be filed with the town clerk, if there be 
 one ; and if there be no town clerk, it shall re- 
 main with the senior auditor, for the inspec- 
 tion of all persons concerned, (c) 
 
 CVII. The auditors of every township 
 shall respectively receive the sum of one dollar 
 for each day necessarily employed in the du- 
 ties of their otHce, which shall be paid by the 
 township treasurer out of the township funds. 
 (d) 
 
 254. Two settlements of the district ac- 
 counts are evidently intended to be made an- 
 nually ; one by the board — of the accounts of 
 the treasurer and tax collector ; and the other 
 by the district auditors — of the account of the 
 treasurer. 
 
 (a) Act May 21, 1857, sec. 1. P. L. page 631. 
 (&) Act April 15, 1834, sec. 102. P. L. page 555. 
 
 (c) Act April 15, 1834, sec. 103. P. L. page 556. 
 
 (d) Act April 15, 1834, sec. 106. P. L. page 556. 
 
126 SCHOOL LAWS AND DECISIONS 
 
 255. The settlement by the board should be 
 made by a committee, before whom both the 
 collector and treasurer should appear, with 
 their duplicates and ^account books; and the 
 result «ihould be reported to the board for its 
 action and approval, and entered on the 
 minutes. 
 
 256. The settlement b3^ the auditors should 
 embrace only the accounts of the treasurer. 
 With the tax collector the auditors have no 
 concern. They are only to charge the trea- 
 surer with the amount received by him, ac- 
 cording to his own statement, and are then 
 to allow every voucher produced by him, 
 which on its face appears to be for a legal ob- 
 ject within the jurisdiction and control of the 
 board. They, have no authority to control 
 the board in the expenditure of the district 
 funds, so long as confined to legitimate ob- 
 jects ; excej^t, perhaps, in case^ in which the 
 prices paid are so enormous as to show by 
 their amount that they are fraudulent. 
 
 25Y. The object of the settlement of its ac- 
 counts hy the board, is to inform it of the state 
 of the accounts, so as to prepare for the next 
 year's operations ; to ensure regularity and 
 responsibility^ in its officers ; and to enable 
 
OF TENNSYLVANIA. 12t 
 
 it to publish the statement required by No. 
 LXII. 
 
 258. Theobjeot of the settlement by the au- 
 ditors, is to enable the accounts of the trea- 
 surer, if illegal or wrong-, ta be judicially in- 
 vestigated, on appeal, b}'- either party. 
 
 259. The time for settling the treasurer's 
 accounts by the auditors is to be designated 
 by the directors and treasurer, and not by the 
 auditors. It is, of course, to be fixed to suit 
 the convenience of the auditors ; but must be 
 at or near the end of the treasurer's official 
 term, or it will not eflect the end in view. 
 
 260. The auditors are to be paid by the 
 township for settling the treasurer's account. 
 No. CIY makes the settlement of the district 
 treasurer's account "a duty of the township 
 or borough auditors ;" and No. CYII renders 
 the township or borough liable to pay for 
 their services in its discharge. 
 
 D.—SUPERINTENDENTS OF SCHOOLS. 
 
 I. STATE SUPERINTENDENT. 
 
 CYIII. That from and after the first Mon- 
 day in June, Anno Domini one thousand eight 
 hundred and fifty-seven, the Department of 
 Common Schools shall be detached and remain 
 separate from the oflflce of the Secretary of 
 
1?8 SCHOOL LAWS AND DECISIONS 
 
 the Commonwealth, and a Superintendent of 
 Common Schools shall be appointed by the 
 Governor every third year, by and with the 
 advice and consent of the Sell ate, and shall 
 hold his office from the first Monday of June, 
 for and during the term of three years, if he 
 shall so long behave himself well ; and he shall 
 be liable to be removed from office by the 
 Governor, for misbehavior or misconduct, at 
 at any time during his term ; and any vacancy 
 that may occur in said office of superinten- 
 dent shall be supplied by a new appointment 
 for the unexpired term of the form er incum- 
 bent : Provided^ That in the event ofiany such 
 removal, the Governor shall at the tme com- 
 municate his reasons therefor, in writing, to 
 the Superintendent thus displaced, and also 
 to the Senate, if in session, and if not, within 
 ten days after their next meeting, (a) 
 
 CIX. That the Superintendent of Common 
 Schools, and his successors in office, appoint- 
 ed under this act, shall furnish the same se- 
 curity, exercise the same functions, and be 
 charged with the same duties and responsibili- 
 ties that are now by law required of and de- 
 volved upon the Superintendent of Common 
 Schools, (b) 
 
 ex. The State Superintendent shall decide 
 without appeal, and without cost to the par- 
 ties, all controversies or disputes that may 
 
 («) Act April 18, 1857, sec. 1. P. L. page 263. 
 (6) Act AprU 18, 1857, sec. 3. P. L. page 263. 
 
OF PENNSYLVANIA. 129 
 
 arise or exist among the directors or control- 
 lers of an}^ district, between directors or con- 
 trollers of adjoining districts, or between col- 
 lectors or treas'jrers, and directors or con- 
 trollers, concerning the duties of their respec- 
 tive offices ; the facts of which controversies 
 or disputes shall be made kmown to him by 
 written statements, by the parties thereto 
 acting in their official capacities, verified by 
 oath or affirmation if required, and accompa- 
 nied b}^ certified copies of all necessary min- 
 utes, contracts, orders, or other documents. 
 (a) 
 
 261. The final jurisdiction of the State Su- 
 perintendent is very limited. It only em- 
 braces disputes in which points of law are, 
 involved. 
 
 262. If a tie vote exist in a full board con- 
 cerning any duty of the board, and the case be 
 stated by both parties to him, the State Super- 
 intendent will, in case he has jurisdiction, de- 
 cide the question, and his decision will have 
 the effect of a casting vote and be binding on 
 the district. 
 
 263. A proper statement of the dispute, with 
 certified copies of all documents relating there- 
 to, and the facts verified by oath or affirma- 
 tion if he require it, is to be sent to the State 
 
 (a) Act May 8, 1854, sec. 46. P. L. page 627. 
 
130 SCHOOL LAWS AND DECISIONS 
 
 Superintendent, in all cases of disputes em- 
 braced in No. CX, in order to render his deci- 
 sion regular and binding in the case. It can- 
 not be rendered, as a decision, on an imperfect 
 or on an ex 'parte statement. 
 
 CXI. He shall, whenever required, give 
 advice, explanations, construction or informa- 
 tion to the district officers, and to citizens, re- 
 lative to the common school law, the duties of 
 common school officers, the rights and duties 
 of parents, guardians, pupils, and all others, 
 the management of the schools, and all other 
 questions and matters calculated to promote 
 the cause of education, {a) 
 
 264. Advice, explanations, construction or 
 information, will at all times be given, under 
 No. CXI, whenever an intelligent statement 
 of the facts is presented, and a real name at- 
 tached ; but no notice can be taken of anony- 
 mous communications. 
 
 265. Answers and opinions given under No. 
 CXI, are based on the statement of the facts 
 as presented at the time by the party writing, 
 on the supposition that it is full and true. If 
 found to be otherwise, the right is always re- 
 served to modify the opinion to suit the real 
 facts. In most cases there is neither time nor 
 
 (a) Act May 8, 1854, sec. 46. P. L. page 628. 
 
yjF PENNSYLVANIA. 131 
 
 means to institute a tedious investigation of 
 the facts, and they must therefore be taken for 
 true, till shown to be otherwise. 
 
 CXII. He shall sign all orders on the State 
 Treasurer for the payment of such moneys to 
 the treasurers of the several school districts, 
 as they may be entitled to receive from the 
 State, and for all other moneys to be paid out 
 of the appropriation to common schools made 
 by this act. (a) 
 
 CXIII. That it shall be the duty of the com- 
 missioners of each county to ascertain, tri-eii- 
 nially, with the assistance of the respective 
 assessors, the exact number of taxable citizens 
 residing in each school district, in their several 
 counties, and to certify the same, under their 
 hands and seals of office, to the Superintendent 
 of Common Schools, who is hereby directed 
 to adopt the number of taxables thus certified 
 to him, as the basis of distribution of the State 
 appropriation, which said certificates shall be 
 prepared and transmitted, on or before the 
 first Monday of June, in every third year, 
 commencing with the first Monday of June, 
 A. D. one thousand eight hundred and sixty- 
 five, (b) 
 
 CXIY. That if the commissioners of any 
 county shall neglect to forward such certifi- 
 cates on or before said day, the Superintendent 
 may, in snch case, adopt the number of taxa- 
 
 (a) Act May 8, lb54, sec. 46. P. L. page 628. 
 
 (b) Act April 17, 1865, sec. 1. P. L. page 61. 
 
132 SCHOOL LAWS AND DEOISIONS 
 
 bles set forth in the next preceding certificate 
 or retnrn. (a) 
 
 CXy. That if any error in the certificate 
 of taxables shall occur, whereby a district 
 shall receive more or less of the State appro- 
 priation than is justly due said district, the 
 count}^ commissioners shall have authority, 
 and they are hereby required, immediately to 
 forward to the Superintendent, a correct list 
 of taxables, and the Superintendent shall 
 thereupon make it the basis of the appropria- 
 tion due said district, (b) 
 
 266. It is the duty of the commissioners 
 of the respective counties to perform the acts 
 and furnish the information required by the 
 foregoing sections of the school law, as plainly 
 and imperatively as in any other point of 
 their official functions. 
 
 CXYI. He shall prepare blank forms for 
 the annual district reports, with suitable in- 
 structions and forms lor conducting the vari- 
 ous proceedings and details of the system in 
 a uniform and efficient manner, and forward 
 the same to the county superintendents, who 
 shall distribute them to and among the proper 
 district officers of their respective counties. 
 
 CXYII. He shall prepare, and submit to 
 
 (a) Act May 8, 1854, sec. 47. P. L. page 629. 
 (6) Act May 8, 1854, sec. 48. P. L. page 629. 
 (c) Act May 8, 1854, sec. 46. P. L. page 628. 
 
OF PENNSYLVANIA. 133 
 
 the Legislature, an annual report, containing 
 a full account of the condition of the common 
 schools in the State, the expenditure of the 
 system during the year, estimates of the sums 
 requisite for the ensuing year, the whole num- 
 ber of pupils, the cost of teaching each, the 
 number of districts, plans for the improve- 
 ment of the sj^stem, and all such matters re- 
 lating to the concerns of common schools, and 
 to the duties of his office, as he may deem it 
 expedient to communicate, (a) 
 
 CXVIII. He shall provide a seal, with suita- 
 ble device, for the use of the Department of 
 Common Schools, by which copies of papers 
 deposited or filed therein, and all official acts 
 and decisions, may be authenticated under 
 said seal ; and when so authenticated, shall 
 be evidence equally and in like manner as the 
 originals ; he may also designate and appoint 
 one of the clerks employed by him to be his 
 general deputy, who may perform all the du- 
 ties of Superintendent of Common Schools, 
 in case of his absence, or a vacancy in his 
 office, (b) 
 
 CXIX. He shall have the power of removing 
 any county superintendent, for neglect of 
 duty, incompetency or immorality, and to ap- 
 point another in his stead, until tiie next tri- 
 ennial convention of directors, (c) 
 
 (a) Act May 8, 1854, sec. 46. P. L. page 628. 
 (6) Act May 8, 1854, sec. 46. P. L. page 628. 
 (c) Act May 8, 1854, sec. 46. P. L. page 628. 
 
134 SCHOOL LAWS AND DECISIONS 
 
 CXX. That the Superintendent of Com- 
 mon Schools shall be authorized to employ a 
 competent person or persons to submit and 
 propose plans and drawings for a school archi- 
 tecture, for different grades and classes of 
 school buildings, that shall be adapted for ■ 
 furnishing good light and healthful ventila- 
 tion ; and if such plans and drawings are ap- 
 proved by the Superintendent of Common 
 Schools, he is hereby directed to have them 
 engraved and printed, with full specifications 
 and estimates for building, in accordance 
 therewith, and shall furnish a copy of the 
 same to each school district, (a) 
 
 II. COUNTY SUPERINTENDENTS. 
 
 CXXI. That there shall be chosen in the 
 manner hereinafter directed, an officer for each 
 count3% to be called the county superinten- 
 dent. (6) 
 
 CXXII. That until after the election of 
 county superintendents, provided for in this 
 act, it shall be the duty of the Superintendent 
 of Common Schools, by publication at least 
 three successive weeks, in two newspapers for 
 each county, if so many there be, but if none 
 are published in such county, then by printed 
 notices sent b}^ mail to the secretary of each 
 board of directors of each school district in 
 such county, of the time and place for holding 
 the tri-ennial convention of directors, who 
 
 (a) Act May 8, 1854, sec. 45. P. L. page 627. 
 (6) Act May 8, 1854, sec. 37. P. L. page 625. 
 
OF PENNSYLVANIA. 135 
 
 shall then and there assemble, and select a 
 presiding oftlcer from one of their number ; 
 and the directors then present, shall proceed 
 to the election of a county superintendent, in 
 the manner hereinafter provided. Tlie notice 
 that shall hereafter be given of the assem- 
 bling of the aforesaid triennial convention, 
 shall be by the county superintendent, in the 
 manner above provided. All expenses of giv- 
 ing notices, directed by this section, shall be 
 paid out of the same funds as the salary of 
 the county superintendent, (a) 
 
 CXXIII. That the school directors of the 
 several counties of the Commonwealth shall 
 meet in convention at the seat of justice of 
 the proper county, on the first Monday of 
 June next, and on the first Tuesday of May, 
 in each third year thereafter, and select viva 
 voce by a majority of the whole number of di- 
 rectors present, one person of literary and 
 scientific acquirements, and of skill and ex- 
 perience in the art of teaching, as county su- 
 perintendent for the three succeeding school 
 years ; and the school directors, or a majority 
 of them, in such convention, shall determine the 
 amount of compensation for the county super- 
 intendent, which said compensation shall be 
 paid by the Superintendent of Common 
 Schools, by his warrant drawn upon the State 
 Treasurer, in half yearl}^ instalments if de- 
 sired. (6) 
 
 (a) Act May 8, 1S54, sec. 43. P. L. page 627. 
 (6) Act of Mays, 1854, sec. 39. P. L. page 626; 
 and Act March 27, 1866, sec. 1. P. L. page 88. 
 
136 SCHOOL LAWS AND DECISIONS 
 
 CXXIY. That no person shall hereafter be 
 eligible to the office of count3% city or borough 
 superintendent, in any count}^ in this Com- 
 monwealth, who does not possess a diploma 
 from a college legally empowered to grant lit- 
 erary degrees, a diploma or State certificate 
 issued according to law by the authorities of 
 a State normal school, a professional certifi- 
 cate from a county, city or borough superin- 
 tendent of good standing, issued at least one 
 year prior to the election, or a certificate of 
 competenc}^ from the State Superintendent of 
 Common Schools, nor shall such person be eli- 
 gible unless he has a sound moral character, 
 and has had successful experience in teaching 
 within three years of the time of his election : 
 Provided^ That serving as county, city or 
 borough superintendent shall be deemed a 
 sufficient test of qualifications ; and the presi- 
 dent and secretary of each convention of school 
 directors held in any county, city or borough, 
 to elect a county, cit}^ or borough superinten- 
 dent, when certifying to the Superintendent 
 of Common Schools the name and address of 
 the person elected county, city or borough su- 
 perintendent, shall at the same time state the 
 kind and character of the evidence upon which 
 said convention relied for proof of the eligi- 
 bility of the person so elected ; and .the said 
 Superintendent of Common Schools, if upon 
 examination of the evidence presented, it shall 
 prove to be such as is required by this act, 
 and no objection be made in accordance with 
 
OF PENNSYLVANIA. 137 
 
 section fourth of the act approved April sev- 
 enteenth, Anno Domini one thousand eight 
 hundred and sixty-five, shall issue a commis- 
 sion to the person elected as aforesaid, as now 
 required hy law ; but if upon examination of 
 said evidence of competency, it shall not prove 
 to be such as is required by this act, or if ob- 
 jection be made in accordance with said sec- 
 tion of tiie act approved xipril seventeenth, 
 Anno Domini one thousand eight hundred 
 and sixty-five, the said Superintendent of 
 Common Schools shall appoint two compe- 
 tent persons, himself being the third, to ex- 
 amine the person so elected county, city or 
 borough superintendent ; and if upon exami- 
 nation he be found duly qualified for the office, 
 the said Superintendent of Common Schools 
 shall issue to him the usual commission ; but 
 if not, the said Superintendent of Common 
 Schools shall proceed in like manner in re- 
 spect to the person receiving the next highest 
 number of votes in the convention of direc- 
 tors, who if found qualified, shall receive the 
 commission aforesaid as county, city or 
 borough superintendent ; but if his qualifica- 
 tions are also found insufficient, the said Su- 
 perintendent of Common Schools shall appoint, 
 with the advice and consent of the Governor, 
 of the Commonwealth, some other person with 
 the required qualifications, county, city or 
 borough superintendent for the ensuing term 
 of such office, (a) 
 
 (a) Act April 9, ]S67, sec. 13. P. L. page 56. 
 
138 SCHOOL LAWS AND DECISIONS 
 
 267. Men who will be engaged in other profes- 
 sions, while attempting to discharge the du- 
 ties of this oflBce, should not receive the sup- 
 port of directors. 
 
 268. The qualifications for this oflSce, with- 
 out which the person elected cannot be com- 
 missioned, are literary and scientific acquire- 
 ments, skill and experience in the art of teach- 
 ing, sound moral character, and citizenship in 
 the county. 
 
 269. Irreproachable moral character is es- 
 sential, and will not be dispensed with. This 
 is as much a professional qualification of the 
 teacher and of the officer who presides over 
 teachers, as it is in any other profession. Ha- 
 bitual or frequent intemperance, gambling, dis- 
 honesty, or any other immorality, that would 
 degrade a minister of the gospel from his po- 
 sition, will prevent the issue of the commission 
 of count}^ superintendents. Sufficient health 
 and vigor of the body to bear the labors of 
 the office, are also indispensable. 
 
 270. The salaries of county superintendents 
 are payable out of the gross amount of State 
 appropriation. Each is not paid out of the 
 amount or dividend of State appropriation 
 coming to his proper county. This mode was 
 
OF PENNSYLVANIA. 139 
 
 adopted during the first year of the office, has 
 been ever since sanctioned b3^ the Legislature 
 in making the annual appropriations, and will 
 be adhered to while the law remains un- 
 changed. 
 
 OXXY. That it shall be the duty of the 
 president and secretary of the tri-ennial con- 
 vention of directors, to certify to the Super- 
 intendent of Common Schools, the name and 
 post office address of the person elected 
 count}' superintendent, in pursuance of the 
 provisions of the act of May eighth, one thou- 
 sand eight hundred and fifty-four, and those of 
 all the other candidates who received votes, to- 
 gether with the amount of compensation fixed 
 upon by said convention ; upon the receipt of 
 such certificate, if no valid objection be receiv- 
 ed within thirty days after the day of the elec- 
 tion, the Superintendent of Common Schools 
 shall commission the person, so elected, for 
 the term of three years ; but if objections to 
 issuing such commission be made within thirty 
 days, and such objections be signed, among 
 others, by a majority of the members of not 
 less than one- fifth of all the school boards in 
 the county, from which such objections are 
 received, and certified to, under oath or affir- 
 mation, by at least three of the signers, the 
 Superintendent of Common Schools may re- 
 quire such evidence, under oath or affirma- 
 tion, in regard to the legality of the election 
 and the qualifications of the person elected 
 
140 SCHOOL LAWS AND DECISIONS 
 
 count}^ superintendent, as he shall deem ne^ 
 cessary, and then shall issue the commission 
 to the person properly qualified, who received 
 the greatest number of votes ; and the !;Urper- 
 intendent of Common Schools, when engaged 
 in the investigations of objections, filed against 
 the issuing of commissions to county super- 
 intendents, shall have power to issue subpoe- 
 nas, and administer oaths ; and any person, 
 refusing or neglecting to attend, and give evi- 
 dence of such investigation, when legally sub- 
 poenaed, shall be liable to the same fines and 
 penalties as if he had refused to appear and 
 give evidence in the court of record, and the 
 costs to be paid by the parties subpoenaing 
 the witnesses, {a) 
 
 271. No commission can issue till the end 
 of thirty days from the tri-ennial convention 
 of directors, in order to afford opportunity for 
 the filing of objections, which must be in 
 writing. 
 
 27 Sj. The objections must either relate to 
 the legality and validit}^ of the election, or to 
 the qualifications of the candidate. The es- 
 tablishment by proof of a valid objection of 
 either kind, will prevent the issue of a com- 
 mission. 
 
 273. Want of due public notice, the holding 
 of the election at a wrong time or place, &c., 
 (a) April 17, 1865, sec. 4. P.' L. page 63. 
 
OF PENNSYLVANIA. 141 
 
 would be objections to the election that 
 would invalidate it. 
 
 2*74. Objections grounded on the disqualifi- 
 cation of the person selected, are want of resi- 
 dence ; want of moral character ; want of 
 phj^sical ability to discharge the duties of the 
 office ; want of learning, and want of profes- 
 sional skill. 
 
 275. One year's citizenship and residence 
 in the proper county next before the appoint- 
 ment is required. This is indispensable, ac- 
 cording to the eighth section of the YI article 
 of the Constitution of the State. 
 
 276. Objections to be investigated by the 
 Superintendent must be signed by at least four 
 members of one-fifth of the boards of direc- 
 tors of the county, and should also be signed 
 by other citizens. 
 
 CXXVI. That every person selected or 
 appointed count}^ superintendent of common 
 schools shall, before entering upon the duties 
 of his office, take an oath, or affirmation, be- 
 fore any judge of the court of common pleas 
 of the proper county, or before the Superin- 
 tendent of Common Schools, who is hereby 
 authorized to administer the same, that he 
 will perform all the duties of county superin- 
 tendent, during his term of office, honestl}^, 
 imj5artially, diligentl}'-, and according to law, 
 
142 SCHOOL LAWS AND DECISIONS 
 
 to the best of his skill and ability, which said 
 oath or affirmation, being subscribed by said 
 county superintendent, and attested by said 
 judge, or State Superintendent, shall be filed 
 in the Department of Common Schools, (a) 
 
 211. A county superintendent cannot legally 
 perform any official act until he has been 
 sworn into office by the proper authority, and 
 the oath has been forwarded to the School 
 Department. 
 
 CXXYII. It shall be the duty of the county 
 superintendent to visit, as often as practicable, 
 the several schools of his county, and to note 
 the course and method of instruction and 
 branches taught, and to give such directions 
 in the art of teaching and the method thereof 
 in each school, as to him (together with the di- 
 rectors or controllers) shall be deemed expe- 
 dient and necessary ; so that each school shall 
 be equal to the grade for which it was estab- 
 Ished, and that there may be, as far as prac- 
 ticable, uniformity in the coarse of studies in 
 schools of the several grades respectively, (b) 
 
 2Y8. In visiting schools, it is the duty of the 
 county superintendent to ascertain the meth. 
 ods of instruction and government practiced ; 
 to inquire into the organization of the school ; 
 
 (a) Act April 11, 1862, sec. 14. P. L. page 475. 
 (6) Act May 8, 1864, sec. 37. P. L. page 625. ^ 
 
OF PENNSYLVANIA. 143 
 
 to see that the scholars are pursuing such 
 studies and in sufficient number, as to occupy 
 their time and energies ; to examine into the 
 classification and to see that a uniformity of 
 text- books is in use, and if not, to inform the 
 directors of the fact; and from such observa- 
 tions, to offer suggestions and encouragement 
 to teacher and scholars, as he may deem ex- 
 pedient. A record of these observations should 
 be kept for use in public lectures and at teach- 
 ers' institutes. 
 
 279. During the school terms, the superin- 
 tendent should occupy his time in visitations, 
 spending as much time in each, as the number 
 to be visited will allow and the circumstances 
 of the school demand. 
 
 280. A county superintendent cannot serve 
 as principal of a State Normal School. The 
 normal school law imposes certain duties upon 
 the principals of State normal schools which 
 are wholly incompatible with the duties of 
 county superintendents. For example, sec. 
 CLIY, school laws and decisions, provides, 
 "that no temporary or provisional certificate 
 of any less degree of scholarship, than that 
 
 required by the ninth section of this act, shall 
 be issued by said board of principals, nor by 
 
144 SCHOOL LAWS AND DECISIONS 
 
 the faculty of an}- of said schools." Bat it is 
 the duty of county superintendents to issue 
 this very grade of temporary or provisional 
 certificates which the law here prohibits the 
 faculty of normal schools from granting. The 
 inference is so plain that it need not be named. 
 
 281. The statistics relating to school houses, 
 furniture, apparatus, grounds, &c., are to be 
 taken during the visitation. On this occasion, 
 glaring defects in anj^ of these respects are to 
 be pointed out, and suggestions made for their 
 removal. 
 
 CXXYIII. That it shall be the duty of each 
 county superintendent to see that in every 
 district there shall be taught orthography, 
 reading, writing, English grammar, geogra- 
 phy and arithmetic, as well as such other 
 branches as the board of directors or control- 
 lers may require. In case the board of direc- 
 tors or controllers shall fail to provide com- 
 petent teachers to teach the several branches 
 above specified, it shall be the duty of the 
 county superintendent to notify the board of 
 directors or controllers, in writing, of their 
 neglect, and in case provision is not made 
 forthwith for teaching the branches aforesaid, 
 to report such facts to the Superintendent of 
 Common Schools, whose duty it shall be to 
 withhold any warrant for the quota of such 
 
OF PENNSYLVANIA. 145 
 
 district of the annual State appropriation, un- 
 til the county superintendent shall notify him 
 that competent teachers of the branches afore- 
 said have been employed. And in case of 
 neglect or refusal of the board of directors or 
 controllers to emplo}^ such competent teachers 
 as aforesaid, for one month after such notifi- 
 cation b}' the county superintendent that such 
 teachers have not been provided, such district 
 shall forfeit absolutel}' its whole quota of the 
 State appropriation for that j^ear. (a) 
 
 282. The intent of this section is, that every 
 person, in any and every district of the State, 
 between the years of six and twenty-one, shall 
 have the privilege of being instructed in the 
 branches named, if he or she desire it. It is 
 necessar}' that as many of these branches be 
 tauojht in every school as the advancement of 
 the pupils require. Nothing less than this can 
 satisf}^ the requirements of the law, where 
 there is a demand for them, and such other 
 branches should be added as the directors may 
 deem necessary, not inconsistent with the gen- 
 eral interests of the school. What are called 
 "higher branches," as history, physiology, 
 natural philosophy, algebra, &c., may be 
 
 («) Act May 8, 1854, sec. 38. P. L. page 625. 
 10 
 
146 SCHOOL LAWS AND DECISIONS 
 
 taught in ever}^ school, if the directors decide 
 it to be expedient. 
 
 283. If these branches are required by, but 
 not taught to the pupils of any school, by 
 reason of the incompetency of the teacher, the 
 notice prescribed by No. CXXYIII, is to be 
 given, and the State appropriation forfeited, 
 if not complied with. 
 
 284. If "other branches" of a higher kind 
 are included in the course of the district by 
 the board, and not taught, though required by 
 the pupils, the same notice is to be given. 
 
 285. A teacher who holds a valid certificate 
 may be incompetent, and if found to be so by 
 the county superintendent on visiting the 
 schools, and so reported to the proper board, 
 the State appropriation of the district will be 
 forfeited, unless such teacher is dismissed 
 within one mouth after notice. 
 
 286. Four months^ English Schools Author- 
 ized. — It is the manifest intention of the school 
 law to give to every child in the State, of pro- 
 per age, an opportunity of obtaining at least 
 four months' English schooling in each year. 
 If the directors refuse or neglect to afford 
 such opportunity, they may be removed from 
 
OF PENNSYLVANIA. 147 
 
 office in the manner prescribed in section 
 XXXI. Instruction may, however, be given 
 in the German language, with the consent of 
 a majority of tlie board. 
 
 287. The superintendent should always, 
 when practicable, be accompanied by the 
 directors in his visitations, and when request- 
 ed, should aid by his advice in the grading of 
 schools, and in giving advice upon general 
 subjects pertaining to the schools ; but in no 
 case should he assume the responsibility of 
 directing to what school a scholar shall be 
 sent, or what studies shall be pursued in a 
 particular school, as that is the province of the 
 directors. 
 
 288. The selection of books is left entirely 
 to the directors, with the advice of the teachers. 
 Superintendents, if asked, may freely express 
 their opinion of a book, but in no manner en- 
 courage its introduction or employment in the 
 schools, as a text-book. Xo written recom- 
 mendation, designed to introduce a particular 
 book into the common schools, should ever be 
 given by a superintendent. This is one of the 
 difficulties the office of county superintendency 
 encountered elsewhere, and it should be avoid- 
 ed with us. County superintendents became 
 
148 SCHOOL LAWS AND DECISIONS 
 
 interested as agents or otherwise, in the sale 
 of school books, and the office very naturally 
 lost the confidence of the people. 
 
 289. Postage. — The local correspondence of 
 county superintendents is very heavy, and 
 though the postage on a single letter is light, 
 yet the aggregate in a year becomes oppres 
 sive. Superintendents are not furnished with 
 funds to defray this item of expense, and direc- 
 tors, teachers and others writing to the county 
 superintendent on official business, should en- 
 close a three cent stamp to pay the return 
 postage. 
 
 OXXIX. That the State Superintendent of 
 Common Schools shall, on the application of 
 the boards of directors of a majority of the 
 school districts in any county of this Com- 
 monwealth, stating their desire to increase the 
 salary of the county superintendent, fixed at 
 any of the periods named in the thirty-ninth 
 section of the school law of one thousand 
 eight hundred and fifty-four, or at any subse- 
 quent tri-ennial convention of directors, ap- 
 point the time and place of re-assembling the 
 convention of directors, who shall have all the 
 powers conferred by the said thirt3^-ninth sec- 
 tion, (a) 
 
 290. The call for the convention to increase 
 
 (a) Act May 8, 1855, sec 8. P. L. page 510. 
 
OF PENNSYLVANIA. 149 
 
 the- salary of a county superintendent should 
 be published in two newspapers of the county, 
 at least three successive weeks before the day 
 fixed for the convention to assemble. 
 
 CXXX. That all vacancies in the office of 
 county superintendent shall be filled by the 
 appointment of the Superintendent of Com- 
 mon Schools, until the next tri-ennial conven- 
 tion of directors, when any existing vacancy 
 shall be filled by election in the usual man- 
 ner, for the full term of three years, (a) 
 
 291. The same qualifications will be requir- 
 ed of a person appointed to fill a vacancy, as 
 of one elected, in order to be commissioned. 
 
 292. Kemovalfrom the office of county su- 
 perintendent will take place for "neglect of 
 duty, incompetency or immorality ;" but in 
 all cases the charge must be in writing, and 
 be sustained by proof, at a hearing, after full 
 notice to the accused party. 
 
 CXXXI. That the Pennsylvania School 
 Journal shall be recognized as the oflficial organ 
 of the Department of Common Schools of this 
 Commonwealth, in which the current decisions 
 made by the Superintendent of Common 
 Schools shall be pubhshed, free of charge, to- 
 gether with all official circulars and such other 
 letters of explanation and instruction as he 
 
 (a) Act May 8, 1854, sec. 44. P. L. page 627. 
 
150 SCHOOL LAWS AND DECISIONS 
 
 may find it necessary or advisable to issue 
 from time to time, including his annual report ; 
 and the Superintendent is hereby authorized 
 to subscribe for one copy of said School Jour- 
 nal, to be sent to each board of school direc- 
 tors in the State, for public use, and charge 
 the cost thereof to the contingent expenses of 
 the Department of Common Schools, (a) 
 
 293. The appropriation acts of 1867, 1868, 
 1869 and 18T0, instead of authorizing a sub- 
 scription to the School Journal, name a specific 
 sum that shall be at the disposal of the State 
 Superintendent, for the p.irpose of "publishing 
 and circulatino- amono; the school officers of 
 the State the official decisions and instructions 
 of the department," thus leaving the selection 
 of an " organ" at his discretion. He has, 
 however, always recognized the School Jour- 
 nal as such. 
 
 294. The Journal, when so recognized, is 
 the official organ of the School Department, 
 and the decisions, advices, explanations, con- 
 struction and information, with the instruc- 
 tions and forms, published in the official depart- 
 ment of it, are of equal authority and force as 
 if they were contained in this digest. 
 
 295. The copy sent to the secretary of each 
 
 (a) Act May 8, 1855, sec. 9. P. L. page 51L 
 
OF PENNSYLVANIA, 151 
 
 district, at tlie cost of the State, is to be laid 
 before the board at the next meeting after its 
 receipt ; and the file thus received is to be pre- 
 served by the secretary, and handed to his 
 successor. 
 
 296. Each board has the right to subscribe 
 for one copy of the Journal for each member, 
 at the cost of the district, as a means of infor- 
 mation in relation to the duties of their offices, 
 and the general condition and operations of 
 the system in other parts of the State. 
 
 CXXXII. That it shall be the duty of the 
 county superintendent to examine all the 
 candidates for the profession of. teacher, (in 
 the presence of the board of directors or con- 
 trollers, should they desire to be present, to 
 whom they shall first apply in this county,) 
 and to give each person found qualified a cer- 
 tificate, setting forth the branches of learning 
 lie or she is capable of teaching ; and such ex- 
 amination €ind certificate shall be renewed as " 
 often as any such teacher shall be employed 
 in teaching any branch of learning other than 
 those enumerated in his or her certificate; 
 and no teacher shall be emplo3^ed in any 
 school to teach other branches than those set 
 forth in such certificate of said teacher : P7^o- 
 vided^ That the county superintendent may ^ 
 annul any such certificate given by him or his 
 predecessor in office, when he shall think 
 
152 SCHOOL LAWS AND DECISIONS 
 
 proper, giving at least ten days' previous no- 
 tice thereof, in writing, to the teacher holding 
 it, and to the directors and controllers of the 
 district in which he or she may be employed, 
 (a) 
 
 297. It should be the aim of the superinten- 
 dent to have only such persons examined in a 
 district as intend to be employed to teach in 
 said district ; and directors should insist upon 
 having applicants for the schools of the dis- 
 trict examined in their presence. 
 
 298. The presence of the directors of the 
 district in which the examination is held, or 
 an opportunity by notice to be present, is in 
 all cases in(^ispensable. The law exacts this, 
 and the reason is, that the members may thus 
 be enabled to form an opinion of the manner 
 and attainments of the different applicants. 
 
 299. The examinations are to be open to 
 the public in all cases, unless the proper board 
 direct it otherwise. If so, the count}^ superin- 
 tendent is to be guided by their wishes. The 
 presence of a crowd, to the extent of disturb- 
 ance or prevention of the examination, is, of 
 course, not to be permitted ; and in such cases, 
 the examining officer has authority to prevent 
 such a state of affairs. 
 
 (a) Act May 8, 1854, sec. 41. P. L. page 626. 
 
OP PENNSYLVANIA. 153 
 
 300. As there may be cases in which irregu- 
 lar examinations need to be held, it is ad- 
 visable for a superintendent to devote the 
 three Saturdays succeeding the close of his 
 regular examinations, to irregular applicants, 
 bringing the required certificate from the di- 
 rectors, which examinations shall also be open 
 to the public, and so advertised. 
 
 301. Special examinations, or such as are 
 held for the accommodation of those who do 
 not attend the public inspections, should never 
 be granted, unless the applicant presents a 
 written request, signed by at least three 
 members of the board, stating that they wish 
 to employ said applicant in their district, and 
 gives a satisfactory reason also for non-at- 
 tendance at the public examination. 
 
 302. Superintendents should fix upon one 
 or more days in a month for holding these 
 special examinations, and transacting other 
 oflScial business ; and for this purpose should 
 have an oflfice at the county seat. 
 
 303. When a regular advertised series of 
 examinations have been held in a county, the 
 superintendent should not postpone the com- 
 mencement of his school visitations for the 
 purpose of attending to special examinations. 
 
154 SCHOOL LAWS AND DECISIONS 
 
 304. Applicants of known or proved im- 
 moral habits are not to be examined at all, no 
 matter what their literary or professional 
 claims. The examination of persons to whom 
 no certificate could issue would be but a waste 
 of time. 
 
 305. The certificates are to be issued at the 
 close of each examination. This is indispen- 
 sable, that the directors may know whom to 
 appoint. 
 
 306. Certificates of any class granted by a 
 county superintendent may be annulled by 
 him, but only for cause. The same causes 
 that justify a board of directors in discharg- 
 ing a teacher, should be the rule with the coun- 
 ty superintendent. These are incompetence, 
 cruelty, negligence and immorality. And 
 there should be a charge and a hearing in all 
 cases, unless the facts are personally and offi- 
 cially known to the superintendent. 
 
 307. Assistant teachers are to be examined 
 and obtain certificates, whether employed by 
 the board or by the principal of the school, or 
 their employment will be illegal. The wel- 
 fare and progress of the pupils are as much in 
 their power as in that of the principal. 
 
 308. Dismissal from the profession should 
 
OF PENNSYLVANIA. 155 
 
 not take place, except for cause known or 
 proved to the satisfaction of the county super- 
 intendent. The words of the law, (No. 
 CXXXII,) taken literally, confer the arbi- 
 trary power without reason assigned or hear- 
 ing. But no person lit for that responsible 
 office will attempt to exercise it in such manner. 
 If the cause become officially known to the 
 county officer in the discharge of dut}^, nei- 
 ther charge formally made nor hearing are re- 
 quired. But if not so known, the charge is 
 to be preferred in writing, due notice of it 
 given, and a full hearing conceded. 
 
 309. Public notice of the annulment of a 
 certificate should be given, unless the holder 
 voluntarily give it up to the county superin- 
 tendent, on the decision of the case against 
 him. This notice, or the resignation of the 
 certificate, is necessary to prevent the party 
 from obtaining employment elsewhere ; and a 
 teacher with an annulled certificate is to be 
 forthwith dismissed from the school. 
 
 310. Intemperance, dishonesty, or other im- 
 morality, is sufficient to justify the annul- 
 ment of a certificate by a county superin- 
 tendent. He is not merely to annul for want 
 of professional knowledge. Propriety of 
 
156 SCHOOL LAWS AND DECISIONS 
 
 character is as much a requisite of the teacher 
 as literary attainments. 
 
 CXXXIJI. That the county superintendents 
 shall aunuall}^, on or before the first Monday 
 in June, forward to the Superintendent of 
 Common Schools, the reports of the several 
 school districts of their respective counties, 
 and shall also themselves make an extended 
 report of the condition of the schools under 
 their charge, suggesting such improvements 
 in the school system as they ma}'' deem useful, 
 and giving such other information in regard 
 to the practical operation of common schools, 
 and the laws relating thereto, as may be 
 deemed of public interest, (a) 
 
 311. The annual rejDorts of the districts, 
 (No. LXIY,) and the four months' certificates, 
 (No. LXY,) are to be forwarded to the proper 
 county superintendent, and after being found 
 to be correct, are to be marked approved, 
 signed by him, and forwarded to the School 
 Department. If not correct, t hey are to be 
 returned by him to the proper board to be 
 made so, and then forwarded. 
 
 312. The annual report required by law is 
 to be prepared and signed by the old officers 
 of the board, and they are also to make aflQ- 
 davit to the facts necessary to secure the 
 
 (a) Act May 8, 1854, sec. 42. P. L. page 627. 
 
OF PENNSYLVANIA. 157 
 
 State appropriation. Tliese documents are 
 then to be placed in the hands of the new 
 board, to receive the names and addresses of 
 the officers, and be transmitted to the county- 
 superintendent. 
 
 313. All the district reports must be on file 
 in the School Department by the fifteenth of 
 July annuall}^ If detained bej^ond that time, 
 the delay causes very serious embarrassment 
 in the operations of the Department. A strict 
 construction of the law would require these 
 reports to be on file by the first Monday in 
 June, but this is found to be practically im- 
 possible. 
 
 314. The annual report of the county su- 
 perintendent is to contain all the items en- 
 joined by No. CXXXIII, together with such 
 others as shall from year to year be requested 
 by the School Department or suggested by 
 himself. It is also to be on file, at latest, by 
 the fifteenth of July, annually. 
 
 315. The annual report of the county su- 
 perintendent may be published in the newspa- 
 pers or otherwise, of his own county, after ap- 
 proval by the State Superintendent. This 
 practice is satisfactory to the people of the 
 county ; and for this purpose, the officer should 
 
158 SCHOOL LAWS AND DECISIONS 
 
 keep a copy in his possession, when he sends 
 the original to Harrisbnrg. 
 
 CXXXIY. That the county superinten- 
 dent of each county in this Commonwealth is 
 hereb}^ authorized and required, once in each 
 3^ear, at such time and place as he or a pro- 
 perl}' authorized committee of teachers acting 
 with him, ma}^ deem most convenient, to call 
 upon and invite the teachers of the common 
 schools and other institutions of learning in 
 his county, to assemble together and organize 
 themselves into a teachers' institute, to be de- 
 voted to the improvement of teachers in the 
 science and art of education, to continue in 
 session at least five days, including a half day 
 for going to and a half day for returning 
 from the place of meeting of the said institute, 
 and to be presided over by the county super- 
 intendent or by some one designated by him, 
 and be subject in its general man agement to 
 his control, (a) 
 
 CXXXY. That each county superintendent, 
 upon the assembling of the teachers' institute 
 of his county, shall cause a roll of members 
 to be prepared, which roll shall be called at 
 least twice every day during the session of 
 the institute, and all absentees be carefully 
 marked, and from which, upon adjournment 
 of the institute, he shall ascertain the exact 
 number of teachers who were in attendance, 
 and the length of time each attended ; and 
 
 (a) Act April 9, 1867, sec. 2. P. L. page 52. 
 
OF PENNSYLVANIA. 159 
 
 upon the presentation of a certificate at the 
 close of the session of each annual institute, 
 setting forth these facts and signed by the 
 county superintendent, to the treasurer of the 
 proper county, he is hereby authorized and 
 required to pay immediately, out of any money 
 in the county treasury not otherwise appro- 
 priated, to the county superintendent, one dol- 
 lar for every three days spent by teachers of 
 the county in attendance at the institute for 
 that year, or as much of it as may be needed, 
 such money to be expended by the county su- 
 perintendent in procuring the services of lec- 
 turers and instructors for the institute, and in 
 providing the necessary apparatus, books and 
 stationery for carrying on its work : Provided^ 
 That the amount which may be drawn from 
 the county treasury shall in no case be more 
 than two hundred dollars, but may in all cases 
 be Hixty dollars ; if it shall appear from the 
 vouchers presented by the county superinten- 
 dent to the count}^ auditors, as required by 
 the fourth section of this act, that this sum 
 has been actually expended for the purposes 
 herein specified : Provided further^ That all 
 boards of directors may allow the teachers in 
 their employ the privilege of attending such 
 institutes without making any deduction from 
 their salaries, and that any teacher who absents 
 himself from the institute of his county with- 
 out a good reason, may have his want of pro- 
 fessional spirit and zeal indicated by a lower 
 
160 SCHOOL LAWS AND DECISIONS 
 
 mark on his certificate in the practice of teach- 
 ing than he would otherwise have received, (a) 
 
 CXXXYI. That each county superintendent 
 who may draw money from the county trea- 
 sury for the purposes named in this act, shall 
 file his account of all expenditures under the 
 act, in the office of the county treasury, with 
 vouchers for the same, which shall be examined 
 by the auditors of the count}^ in like manner 
 as other county expenditures ; and any misap- 
 plication of funds shall be punished in the same 
 manner as collectors of Stateand county taxes 
 for like offences are now punished, (b) 
 
 OXXXYII. That all county superinten- 
 dents, upon the adjournment of the teachers' 
 institutes held in their respective counties, are 
 hereby required to report to the superinten- 
 dent of common schools the number of teach- 
 ers in attendance, the names of the lecturers 
 or instructors who officiated, the subjects ujion 
 which the instruction was given, and the de- 
 gree of popular interest awakened by the 
 proceedings, (c) 
 
 CXXXYIII. That after the passage of this 
 act no teacher in this Commonwealth shall re- 
 ceive, from a county, city or borough superin- 
 tendent, a certificate as a teacher who has not 
 a fair knowledge of orthograph}^, reading, 
 writing, geography, English grammar, mental 
 and written arithmetic, history of the United 
 
 (a) Act April 9, 1867, sec. 3. P. L. page 52. 
 (6) Act April 9, 1867, sec. 4. P. L. page 53. 
 (c) Act April 9, 1867, sec, 5. P. L. page 53. 
 
OF PENNSYLVANIA. 161 
 
 States, and the tlieoiy of teaching, nor shall 
 such certificate he given to any person who is 
 in the habit of using as a beverage any intoxi- 
 cating drinks ; and all certificates given to 
 teachers shall set forth the branches in which 
 those holding them have been found proficient, 
 and indicate by suitable marks the degree of 
 that proficiency, (a) . 
 
 CXXXIX. County, city and borough super- 
 intendents shall issue two grades of teachers' 
 certificates, one of which shall be called a 
 provisional certificate, and shall be given to ap- 
 plicants possessing a fair knowledge of the 
 branches named in section eleven, or to those 
 who, possessing a thorough knowledge of the 
 branches, have little or no experience in teach- 
 ing, and shall license the holder to teach in the 
 county, city or borough where issued for one 
 year, and which shall not* be renewed without 
 a re-examination ; and the other shall be called 
 a professional certificate, and shall be given only 
 to those who possess a thorough knowledge of 
 the branches above named, and who have had 
 successful experience in teaching, and shall 
 license the holder to teach in the county, city 
 or borough where issued, during the oflacial 
 term of the county, city or borough superin- 
 tendents issuing it and for one year thereafter : 
 Provided, That all so called professional cer- 
 tificates heretofore issued by any county, city 
 or borough superintendent, shall cease to be 
 
 (a) Act April 9, 1867, sec. 11. P. L. page 55. 
 11 
 
162 SCHOOL LAWS AND DECISIONS 
 
 valid on the first Monday of June, one thou- 
 sand eight hundred and sixty-eight, except 
 tliose issued since the first Monday of June, 
 one thousand eight hundred and sixty-six, 
 which certificates shall be valid as long as 
 others issued during the present term of the 
 superintendency : Provided^ That any pro- 
 fessional certificate may be renewed by a 
 county, city or borough superintendent with- 
 out re-examination, after having fully satisfied 
 himself by personal observation in his or her 
 school, of the competency and skill as a teacher 
 of the person holding it : Provided further^ 
 That the State Superintendent of Common 
 Schools shall cause to be prepared a new grade 
 of teachers' certificate, to be called a permanent 
 certificate, which shall be granted by him to 
 practical teachers holding professional certifi- 
 cates, upon the recommendation of the board 
 or boards of directors, in whose employment 
 the applicant shall have taught for the three 
 preceding annual school terms, which shall be 
 countersigned by the proper county, city or 
 borough superintendent in office when the ap- 
 plication shall be made, and approved, after 
 examination, if they deem it necessary, by a 
 committee of five teachers, a part of whom 
 may be females, holding permanent certifi- 
 cates, if there be so many holding such certifi- 
 cates ; but if there be none or not a sufficient 
 number of that grade of teachers, the com- 
 mittee shall be constituted wholly or in part 
 as the case may be, of teachers holding pro- 
 
OP PENNSYLVANIA. 163 
 
 fessional certificates ; said committee to be 
 elected by ballot by the members of the teach- 
 ers' institute at its annual session from the 
 same county, city or borough in which the ap- 
 plicant resides at the time of making the ap- 
 plication ; and such permanent certificate shall 
 continue to be valid in such county, city or 
 borough, unless forfeited according to the pro- 
 visions of this act ; and shall also entitle the 
 holder to teach one year in any other county, 
 city or borough in this Commonwealth, with- 
 out a re- examination, at the end of which 
 time it may be endorsed by the proper county, 
 city or borough superintendent, if from per- 
 sonal knowledge he deem it worthily held, and 
 it shall then confer upon the holder the same 
 rank and privileges as in the county, city or 
 borough were issued ; and such permanent cer- 
 tificate shall only be annulled upon complaint 
 duly proven of incompetency, cruelty, negli- 
 gence, or immorality, made to the State Su- 
 perintendent of Common Schools, by a county, 
 city or borough superintendent, and a commit- 
 tee of teachers elected and constituted as 
 aforesaid, (a) 
 
 316. This act legalizes the provisional cer- 
 tificate, and is designed to raise the standard 
 of qualifications required of teachers. 
 
 It adds the history of the United States 
 and the theory of teaching to the branches in 
 
 (a) Act April 9, 1867, sec. 12. P. L. page 55. 
 
164 SCHOOL LAWS AND DECISIONS 
 
 which teachers are now required by law to be 
 examined. 
 
 It limits the time for which professional cer- 
 tificates shall hereafter be granted, but per- 
 mits their renewal without re-examination. 
 
 It provides for the annulment of all pro- 
 fessional certificates granted prior to the first 
 Monday of June, 1866, but makes provision 
 for the renewal, without re-examination, of all 
 those which are worthily held. 
 
 It authorizes the Superintendent of Com- 
 mon Schools to issue a new grade of teacher's 
 certificate to be called a permanent certificate. 
 This certificate can neither be given or taken 
 away without the consent of the teachers 
 themselves. Teachers will thus hold in their 
 own hands the future character of their own 
 profession. A book is kept in this Depart- 
 ment in which the names and address of all 
 teachers obtaining this grade of certificate are 
 recorded. The greatest care should be exer- 
 cised by all those concerned in granting per- 
 manent certificates. A committee on teach- 
 ers' certificates must be elected annually by 
 ballot at the teachers' institute. The mem- 
 bers of this committee will hold their office 
 for one year or until the assembling of the 
 
OF PENNSYLVANIA. 165 
 
 next annual institute, and may meet at their 
 own option. I^one but the highest grades of 
 teachers are eligible as members of the com- 
 mittee, and no one must he allowed to vote at 
 their election who does not hold a valid certifi- 
 cate from the proper county superintendent^ or 
 a diploma from a State normal school. 
 Judges of election must be appointed by the 
 county superintendent as president of the in- 
 stitute, and these judges should be careful 
 that no unauthorized person is permitted to 
 vote. 
 
 County superintendents cannot be too care- 
 ful in renewing old professional certificates. 
 
 31*7. A member of a committee on teachers' 
 certificates can become an applicant for a per- 
 manent certificate, provided his application is 
 signed by the other members of the committee 
 and by the other oflficers named in the law, 
 but such a course is in most cases deemed 
 impolitic. 
 
 318. A person who has been duly elected a 
 member of the committee on teachers' cer- 
 tificates in one county may remove into an 
 adjoining county during his term of office, 
 and not necessarily forfeit his place on the 
 committee ; or such a person may quit teach- 
 
166 SCHOOL LAWS AND DECISIONS 
 
 ing during that time and still act with the 
 committee in the same way as if he continued 
 in the profession. 
 
 319. A recommendation signed by three 
 members of a committee on teachers' certi- 
 ficates is considered legal. 
 
 320. A committee on teacher's certificates 
 cannot supply vacancies in its number. 
 
 321. No committee on teachers' certi- 
 ficates should consent to investigate the 
 case of an applicant until a recommendation 
 in his favor, signed by the proper directors 
 and county superintendent, in the form re- 
 quired by this Department, is presented to 
 them. No teacher can make legal application 
 for a permanent certificate who has not taught 
 "the three preceding annual school terms." 
 
 322. Teachers of private schools cannot 
 obtain permanent certificates. 
 
 323. It is optional with the committee on 
 permanent certificates whether they examine 
 applicants or pass them without examination ; 
 but in almost all cases the former practice 
 will be found to be most satisfactory. 
 
 324. Teachers must apply for recommen- 
 dations for permanent certificates to the coun- 
 ty superintendents and committees of the 
 
OF PENNSYLVANIA. 161 
 
 counties in which they last taught, though 
 boards of directors of other counties may 
 sign the recommendation. 
 
 325. Although not required by law, every 
 teacher ought lo possess a professional certi- 
 ficate for at least one year before making ap- 
 plication for a permanent certificate. 
 
 326. A teacher holding a permanent certi- 
 ficate can have branches inserted in it, other 
 than those expressly named in the law ; but 
 in order to do so, he must first have them in- 
 serted in his professional certificate by the 
 proper county superintendent, after which a 
 recommendation to that effect from the county 
 superintendent, endorsed by the committee 
 on teachers' certificates, will secure the de- 
 sired object at this office. 
 
 32 1. Any teacher desiring to apply to the 
 State Superintendent for a permanent certi- 
 ficate, should procure from the county super- 
 intendent, and fill up the necessary blanks, 
 and present them to the proper authorities 
 for their action and signatures. They should 
 first be presented to the board or boards of 
 directors, next to the county superintendent, 
 and afterwards to the committee on teach- 
 ers' certificates. 
 
168 SCHOOL LAWS AND DECISIONS 
 
 328. If the applicant has taught for one 
 board the three annual school terms required 
 by law, the proper blank should be filled with 
 the word tliree^ and "term" be made to read 
 (erms ; if he has taught for one board two 
 terms, and for another one term, the blanks 
 should be filled up accordingly ; and the three 
 forms above given are designed to be filled up 
 only when the applicant has taught for three 
 different boards. 
 
 329. Resolutions recommending a candidate 
 for a permanent certificate, must always re- 
 ceive the votes of four members of a board of 
 directors before they can be adopted. 
 
 330. None but teachers holding the highest 
 grades of certificates are eligible as members 
 of the committee on teachers' certificates. 
 Whenever there are five teachers who are 
 members of the institute of any county, and 
 actually engaged in teaching, and who hold 
 permanent certificates or diplomas from 
 State normal schools, the committee must be 
 wholly constituted of that class of teachers^ 
 if there are more than five, five must be 
 chosen from among them, and if there are less 
 than five, all there are must be elected mem- 
 bers of the committee. The best qualified 
 
OP PENNSYLVANIA. 169 
 
 teachers in the several couuties ought to be 
 made members of these committees, and no 
 others. Let teachers show that they linow 
 how to build up a profession for themselves 
 and guards its interests. 
 
 III. CITY AND BOROUGH SUPERINTENDENTS. 
 
 CXL. The school directors of any city or 
 borough in this Commonwealth, having a pop- 
 ulation of over ten thousand inhabitants, may 
 on the first Tuesday of May, one thousand 
 eight hundred and sixty-nine, and every third 
 year thereafter elect, viva voce, by a majority 
 of the whole number of directors present, one 
 person of literary and scientific acquirements 
 and skill and experience in the art of teaching, 
 as city or borough superintendent, for the 
 three succeeding school years, and the said 
 school directors shall determine the amount 
 of compensation for said city or borough su- 
 perintendent, which compensation shall be 
 paid by the same oflflcers as pay the salaries 
 of teachers, in such school district and in the 
 same manner as such salaries are now paid : 
 Provided, That nothing in this act shall pre- 
 vent the directors of any city or borough from 
 electing a superintendent to serve from the 
 time of the election until the commencement 
 of the school year one thousand eight hun- 
 dred and sixty-nine, from filling a vacancy, 
 should any occur, for the unexpired term of 
 said office, nor from increasing the salary of 
 
110 SCHOOL LAWS AND DECISIONS 
 
 a superintendent at any time : Provided also, 
 That the president of the board of directors 
 or controllers of any city or borough in this 
 Commonwealth shall at any time after the pas- 
 sage of this act, if so requested in writing by 
 seven directors or controllers, call a conven- 
 tion, giving at least five days' notice thereof, 
 to all the directors of said city or borough, 
 to determine whether they will elect a city or 
 borough superintendent, in accordance with 
 the provisions of this act, and, if at such 
 meeting it shall be decided to hold such an 
 election, the said directors shall again convene 
 at the time appointed by this section of this 
 act, or at any other time, in accordance with 
 its provisions, and at a place fixed upon by 
 themselves, when they shall proceed to carry 
 their determination into eifect in the same 
 manner as is done by conventions held for the 
 election of county superintendents ; and all 
 subsequent conventions for carrying into effect 
 the purposes of this act, shall be called in the 
 same manner by said president of the board 
 of directors or controllers of such city or 
 borough, (a) 
 
 CXLI. That it shall be the duty of the 
 president and secretary of the meeting of the 
 directors of any city or borough at which a 
 city or borough superintendent has been elect- 
 ed, to certify to the Superintendent of Com- 
 mon Schools, the name and address of the 
 
 (a) Act April 9, 1867, sec. 7. P. L. page 53. 
 
OF PENNSYLVANIA. 171 
 
 person elected city or borough superintendent, 
 in pursuance of the provisions of tliis act, and 
 those of all other candidates who received 
 votes, together with the amount of compensa- 
 tion fixed upon hy said directors ; upon the 
 receipt of such certificate, if no valid objection 
 be received within thirty days after the day of 
 election, the Superintendent of Common 
 Schools shall commission the person so elected 
 for the term for which he was elected ; but if 
 objections to issuing such commission be 
 made within thirty days, the Superintendent 
 of Common Schools shall proceed with the 
 like power and in like manner as he. is now 
 required to do where objections are made 
 against issuing commissions to persons claim- 
 ing to be elected count}^ superintendent, {a) 
 
 CXLII. That from and after the appoint- 
 ment of a city or borough superintendent in 
 any city or borough in this Commonwealth, 
 and the proper notification of the Superinten- 
 dent of Common Schools of the fact, such city 
 or borough shall not be subject to the authori- 
 ty and jurisdiction of the county superinten- 
 dent of the county in which such city or bor- 
 ough is located, except that in the matter of 
 holding the annual teachers' institutes as pro- 
 vided by sections second, third, fourth and 
 fifth of this act, in which the city or borough 
 superintendent shall co-operate ; and the quota 
 of the annual State appropriation to said city 
 
 (a) Act April 9, 1867, sec. 8. P. L. page 54. 
 
172 SCHOOL LAWS AND DECISIONS 
 
 or borough shall not be diminished by reason 
 of any contribution to the salaries of county 
 superintendents, nor shall the directors of 
 such city or borough at vote any election 
 for county superintendents, (a) 
 
 CXLIII. It shall be the duty of all city or 
 borough superintendents to take a similar 
 oath or ailfirmation to that now required of 
 county superintendents, to perform, within the 
 limits of their several jurisdictions, all the du- 
 ties now by law enjoined upon county super- 
 intendents, and to discharge such other du- 
 ties as the by-laws, rules and regulations of 
 the respective boards of directors may require ; 
 and it shall be their further duty, in addition 
 to an annual report, to report monthly to the 
 Department of Common Schools, such facts 
 relating to their work and the condition of the 
 schools under their charge as may be required 
 by the Superintendent of Common Schools, 
 and to attend meetings of superintendents 
 called by said Superintendent of Common 
 Schools, (b) 
 
 331. The work of superintending schools in 
 a city or large town is quite a different thing 
 from similar work in rural districts. The grad- 
 ing of the schools complicates it and renders 
 necessary a closer and more systematic in- 
 spection. There must be admissions, transfers 
 
 (a) Act April 9, 1867, sec. 9. P. L.. page 54. 
 (6) Act April 9, 1867, sec. 10. P. L. page 55. 
 
OP PENNSYLVANIA. 1*73 
 
 and examinations. The grades of the seA^eral 
 schools are to be fixed, courses of study are 
 to be adopted, reports have to be made out, 
 and the school property must be cared for. 
 And, besides, the value of a close and fre- 
 quent inspection of a system of schools, espe- 
 pecially in their lower grades, can scarcely 
 be over-estimated. 
 
 332. From this provision of the law two 
 things are obvious : 
 
 1. That a city or borough superintendent 
 must first perform the duties of a superinten- 
 dent. These are paramount to all other duties 
 and cannot be neglected without a violation 
 of the oath of oflfiice. 
 
 2. That if a city or borough superintendent 
 has time, after performing the proper duties 
 appertaining to Ms oflSce, to spend a part of 
 his time in teaching, it is perfectly legal for 
 him to do so under the direction of the board 
 of directors. Indeed, this course is not only 
 legal, but to be advised in cities or boroughs 
 of less than twenty thousand inhabitants. 
 
 IV. DISTRICT SUPERINTENDENTS. 
 
 333. The oflfice of district superintendent is 
 not expressly named in the school law ; but 
 
n4 SCHOOL LAWS AND DECISIONS 
 
 its agency becomes so necessary in the more 
 advanced and prosperous districts, that its ac- 
 tual recognition and establishment grow out 
 of the nature of the system and of the duties 
 to be performed. 
 
 334. As it is often found impracticable for 
 boards of directors to perform the duty of 
 school visitation according to law, the secre- 
 tary, acting as district superintendent, can le- 
 gally perform this duty for them. 
 
 While enjoining the duty, the law wisely 
 provides that the directors may perform it by 
 *'one of their number ;" and it confers power 
 to pay one of its members — the secretary — 
 for the "other acts and duties" pertaining to 
 his office. 
 
 All that is necessary, therefore, in districts 
 advanced enough for this most efficient agen- 
 cy, is to assign the required duties to the sec- 
 retary, with a reasonable compensation for the 
 service — and the district superintendency is 
 at once in legal existence and operation. 
 
 335. The duties of the district superinten- 
 dent are those of visiting the schools and 
 making report thereof to the board. It is not 
 recommended, however, that the discharge of 
 the former by him, should cause the other 
 
OP PENNSYLVANIA. 1*75 
 
 members of the board to entirely cease visita- 
 tion. It would be unfortunate if such should 
 be the result. 
 
 336. If the board cannot visit the schools 
 in a body, it is proper to divide itself into 
 committees for the purpose. 
 
 33 1. One visit of one full day, or two of a 
 half day each, in each month, should be given 
 to every school. 
 
 338. Condensed and convenient forms of 
 reports for district superintendents will be pre- 
 pared and furnished to any district requiring 
 them. These will be the best instructions that 
 can be presented as to the mode of performing 
 the duties of the office. 
 
 E._STATE NORMAL SCHOOLS. 
 
 CXLIY. That for the purposes of 'the fol- 
 lowing act, the counties of Delaware, Chester, 
 Bucks and Montgomery shall form the First 
 Normal school district ; Lancaster, York and 
 Lebanon, the Second ; Berks, Schuylkill and 
 Lehigh, the Third ; Northampton, Carbon, 
 Monroe, Pike, Luzerne and Wayne, the Fourtk ; 
 Wyoming, Sullivan, Susquehanna, Bradford, 
 Lycoming and Tioga, the Fifth ; Dauphin, 
 Northumberland, Columbia, Montour, Union, 
 Snyder, Perry, Juniata and Mifflin, the Sixth; 
 Cumberland, Adams, Franklin, Fulton, Bed- 
 ford, Huntingdon and Blair, the Seventh ; Cen- 
 
ITG SCHOOL LAWS AND DECISIONS 
 
 tre, Clinton, Clearfield, Elk, Potter, M'Kean, 
 Jefferson, Clarion, Forest and Warren, the 
 Eighth; Cambria, Indiana, Armstrong and 
 Westmoreland, the Ninth; Washington, Fay- 
 ette, Greene and Somerset, the Tenth; A.l]e- 
 ghen^^, Butler and Beaver, the Eleventh; and 
 Lawrence, Mercer, Venango, Crawford and 
 Erie, the Twelfth, (a) 
 
 ESTABLISHMENT OF SCHOOLS. 
 
 CXLY. That when any number of citizens 
 of this State, not less than thirteen, shall, as 
 contributors or stockholders, erect and estab- 
 lish a school for the professional training of 
 young men and women as teachers for the 
 common schools of the State, in accordance 
 with the provisions of this act, such school may 
 become entitled to its benefits, in the manner 
 hereinafter set forth : Fi^ovided liowever, That 
 not more than one such school shall, at the 
 same time, become and continue to be entitled 
 to such benefits in each of the foregoing Nor- 
 mal school districts, {h) 
 
 339. The State has appropriated $15,000 to 
 each of the five Normal schools now in opera- 
 tion, viz : To the Millersville, Edinboro', Mans- 
 field, Kutztown and Bloomsburg schools. 
 
 {a) This and all other sections under this head, ex- 
 cept those parts differently designated in the foot- 
 notes, are from the act of May 20, 1857. P. L.. 1857, 
 page 581. 
 
 (6) Act May 20, 1857, sec. 2. P. L. page 681. 
 
OF PENNSYLVANIA. ITt 
 
 CXLYI. That the pecuniary affairs of each 
 of said schools shall be managed, and the gen- 
 eral control exercised by a board of trustees, 
 (whose officers shall be a president and secre- 
 tary who shall, and a treasurer who shall not, 
 be members of said board,) to be chosen by 
 the contributors or stockholders on the first 
 Monday in May annually; but no contributor 
 or stockholder shall have more than five votes 
 at the election of trustees ; and no religious 
 test or qualification shall be required, to en- 
 title any one to become a contributor, stock- 
 holder, trustee, professor or student in any of 
 said schools. 
 
 GIFTS AND BEQUESTS. 
 
 CXLYII. That after the said schools shall 
 have been recognized under the provisions of 
 this act, it shall be lawful for them to receive, 
 hold and use, under the direction of their trus- 
 tees as aforesaid, any devise, bequest, gift, 
 grant or endowment of property, whether real 
 or personal, which may be made to them ; and 
 the same shall be so applied by the trustees as 
 shall, in the opinion of a majority of them, in- 
 crease the efficiency and usefulness of the said 
 schools ; subject, however, to any terms, con- 
 ditions or restrictions which ma3'- be attached 
 to such devise, bequest, gift, grant or endow- 
 ment, not inconsistent with the spirit and pur- 
 poses of this act ; and the said trustees shall 
 have authority to bring suit in their name as 
 trustees, and to do all other things necessary 
 12 
 
Its SCHOOL LAWS AND DECISIONS 
 
 for the recovery, use and application of the 
 same. 
 
 ANNUAL REPORT BY TRUSTEES. 
 
 CXLYIII. That the trustees of each of said 
 schools, after being recognized under the pro- 
 visions of this act, shall annually, in the month 
 of October, furnish, under oath or affirma- 
 tion of the president of the board of trustees, ' 
 to the Superintendent of Common Schools, a 
 full account of its pecuniary condition, show- 
 ing income and debts, if any, salaries and other 
 expenses, and dividends declared, together 
 with the number of students admitted and 
 graduated, the branches taught, the apparatus 
 procured, the improvements effected, and the 
 changes made during the preceding year, and 
 such other information as said Superintendent 
 of Common Schools may, from time to time, 
 by his general circular to all of said schools, 
 require to be furnished ; and each of said 
 schools shall always be open to the visitation 
 and inspection of said Superintendent of Com- 
 mon Schools, and of the county supermtend- 
 ents of all the counties within its Normal 
 school district. 
 
 CXLIX. That to entitle it to the benefits 
 and privileges of this act, each of said Normal 
 schools shall possess the following requisites: 
 
 Buildings. — Suitable buildings as hereinaf- 
 ter provided, and an area of ground appurte* 
 nant thereto, of not less than ten acres in one 
 tract, the whole of which shall be prepared and 
 
OF PENNSYLVANIA. 179 
 
 used as a place for gymnastic exercises, and 
 healthful recreation by students, except so 
 much thereof as shall be necessarily occupied 
 by the buildings, botanical and other gardens, 
 and such other purposes as shall be plainly 
 promotive of the great objects of the institu- 
 tion. 
 
 Hall^ rooms, &c. — The buildings shall con- 
 tain a hall of sufficient size to comfortably seat 
 at least one thousand adults ; with class rooms, 
 lodging rooms and refectories for at least three 
 hundred students; all properly constructed 
 and* arranged as to light, heat and ventilation, 
 so as to secure the health and comfort of the 
 occupants, with proper provision for physical 
 exercise during inclement weather. 
 
 Library. — Each school shall contain a li- 
 brary room for the accumulation of books for 
 the free use of the students, a cabinet for speci- 
 mens and preparations, to illustrate the na- 
 tural and other sciences, and such apparatus 
 and philosophical instruments as are indispen- 
 sable for the same purpose. 
 
 Professors. — Each school shall have at least 
 six professors, of liberal education and known 
 ability in their respective departments, name- 
 ly: One of orthography, reading and elocu- 
 tion ; one of writing, drawing and book-keep- 
 ing ; one of arithmetic and the higher branches 
 of mathematics ; one of geography and his- 
 tory ; one of grammar and En2:lish literature; 
 and one of theory and practice of teaching; 
 together with such tutors and assistants there- 
 
180 SCHOOL LAWS AND DECISIONS 
 
 in, and such professors of natural, mental and 
 moral science, languages and literature, as the 
 condition of the school and the number of stu- 
 dents may require. 
 
 Duties of Frincipals The principal of each 
 
 Normal school shall be a professor of such one 
 of the six indispensable branches as may be as- 
 signed to him by the trustees, and he shall be 
 charged with the whole discipline and interior 
 government of the school, in conformity with 
 such regulations as shall, from time to time, 
 be adopted by the trustees, and approved by 
 the State Superintendent of Common Schools. 
 
 Model Schools. — Each school shall have at- 
 tached to it, one or more schools for practice 
 or model schools, with not less than one hun- 
 dred pupils, who may or may not be from the 
 immediate vicinity of the Normal school with 
 which it is connected, as in the discretion of 
 the trustees thereof, shall seem most expedi- 
 ent, and so arranged that the students of the 
 Normal school shall therein acquire a prac- 
 tical knowledge of the art of teaching under 
 the instruction of their proper professors. 
 
 Qualifications and termof study. — The qual- 
 ifications for admission into, and the course and 
 duration of the term of study in all the schools, 
 shall be such as shall be approved by and at 
 a meeting of all the principals of the Normal 
 schools then recognized under this act ; such 
 meeting to be called from time to time, as he 
 may deem expedient, by the State Superin- 
 tendent of Common Schools, and to take place 
 
OF PENNSYLVANIA. 181 
 
 at one or other of the annual examinations 
 hereinafter provided for, except the first meet- 
 ing, which shall be held at such time and place 
 as he may indicate ; and at such meetings the 
 acts of the majority of the principals shall be 
 binding on all the schools in reference to the 
 qualifications for admission and the course 
 and term of study, when approA^ed by the State 
 Superintendent of Common Schools. 
 
 Text-hooks. — The text-books to be used in 
 each of said schools shall be such as may be 
 seized by its proper professors, with the ap- 
 pr(J^tion of the trustees thereof. 
 
 Common School Students. — Each of said 
 schools shall admit, when required, and retain 
 during the whole term of study, if so long they 
 behave themselves well, one student annually, 
 alternately male and female, from each com- 
 mon school district within the counties com- 
 posing its Normal district, at a cost fixed by 
 the trustees of the several schools, to be paid 
 in advance by the board of directors sending 
 them ; said students to be selected after public 
 examination by said directors from amongst 
 those, if males, of the age of sixteen or up- 
 wards, and if females, of not less than fourteen 
 years, who manifest a desire and a capacity to 
 exercise the profession of teaching, preference 
 being always given to those of the best moral 
 character, most studious habits and greatest 
 proficiency in knowledge ; but no one to be so 
 admitted unless proficient in all the studies re- 
 quired for entrance into the Normal schools by 
 
182 SCHOOL LAWS AND DECISIONS 
 
 their general regulations adopted under article 
 seven of this section. 
 
 Private Students. — Students other than those 
 admitted on district account, to pay such sum 
 for tuition as the trustees shall determine ; but 
 in the admission of such students, the prefer- 
 ence always to be given to such as are designed 
 for the profession of teaching, and as between 
 private and public students a like preference 
 to be given to the latter, in case of insufficiency 
 of room to accommodate all who appl}^ ; and 
 no difference in the charge for boarding^nd 
 lodging to be made in favor of any claWof 
 students. 
 
 Admission of School Teachers Teachers 
 
 who shall have taught a common school in their 
 proper Normal district during a full school term 
 of their common school district next preceding 
 their appUcation, may be admitted for any term 
 not less than one month into their proper Nor- 
 mal school, at a charge for instruction fixed by 
 the trustees of the several schools, and shall 
 pay the same price for boarding and lodging, if 
 there be room for them, as other students, and 
 shall have the same care and facilities for study 
 in proportion to their advancement. 
 
 Annual Examinations. — That the examina- 
 tion of students for graduation, if only one 
 school shall be in recognized operation, shall 
 be by the faculty thereof; if two scliools shall 
 be in operation, it shall be by the principals of 
 both; if three, it shall be bj' the principals of 
 all, or at least two of them ; and when more 
 
OF PENNSYLVANIA. 183 
 
 than three shall be in operation, the examina- 
 tion shall never be conducted by less than three 
 principals, to be designated as prescribed b3^ 
 the twelfth paragraph of the sixth section of 
 said act, of whom the principal of the school 
 whose students are to be examined shall be 
 one: And provided, That these examinations 
 shall in all cases be conducted in the presence 
 of the Superintendent of Common Schools, and 
 the county superintendents of the proper dis- 
 trict, if they desire to attend, upon receiving 
 due notice, (a) 
 
 Eooipulsions. — The faculty of each Normal 
 school shall have the power to expel any stu- 
 dent attending on district account, for impro- 
 per conduct ; which expulsion, and the cause 
 of it, shall forthwith be certified in writing by 
 the principal, to the directors of the district 
 from which the expelled student was admitted ; 
 whereupon such directors shall have the right 
 to supply the vacancy *thus created. 
 
 340. It is not in accordance with the true 
 intent and meaning of the Normal school law, 
 for a board of trustees of a State Normal 
 school to place the appointment of teachers 
 and employees, and the whole pecuniary and 
 disciplinary control of it, in the hands of a 
 principal. Owing to some peculiar circum- 
 stances, such an arrangement has been suffered 
 
 d) Act April 15, 1859, sec. 2. P. L. page 
 
184 SCHOOL LAWS AND DECISIONS 
 
 to exist at some of our State Normal schools, 
 but it is felt to be derogatory to the character 
 of these institutions, and contrary to the law 
 under which they were established. It ought 
 not to continue any longer than is absolutely 
 necessary. Indeed, it is very doubtful whether 
 an institution manas^ed in this way can be con- 
 sidered a State Normal school, or is in any way 
 entitled to the appropriations made by the 
 State to such institutions. 
 
 In support of this opinion it is only fieces- 
 sary to cite quotations from two or three sec- 
 tions of the law. 
 
 Section III provides " That the pecuniary 
 affairs of each of said schools shall be man- 
 aged, and the general control exercised by a 
 board of trustees." 
 
 This provision makes it the plain duty of 
 boards of trustees to fix the charges for tui- 
 tion and boarding, the salaries of teachers, 
 and the wages of employees. It places the 
 whole pecuniary management in their hands. 
 The principal of such a school should receive 
 a fixed salary like any other officer. He should 
 have nothing to do with the pecuniary affairs 
 of the school, except as the agent of the trus- 
 tees. 
 
OP PENNSYLVANIA. 185 
 
 Section YI provides that " Each school shall 
 have at least six professors of liberal educa- 
 tion and known ability in their respective de- 
 partments," and, further on, that " The prin- 
 cipal of each Normal school shall be a pro- 
 fessor of such one of the six indispensable 
 branches as may be assigned to him by the 
 trustees." 
 
 From this it is clear that the professors are 
 all to be elected by the trustees, the principal 
 included, and to each is to be assigned by 
 them his special duty as an instructor. The 
 principal, of course, must have the supervision 
 of the whole work of instruction, but it is no 
 part of his duty, under the law, to appoint 
 teachers. 
 
 In the same section it is provided that " He 
 (the principal) shall be charged with the whole 
 discipline and interior government of the 
 school, in conformity with such regulations as 
 shall, from time to time, be adopted by the 
 trustees, and approved by the State Super- 
 intendent of Common Schools." 
 
 This provision is in conformity with the 
 whole law. It makes the trustees the highest 
 authority in matters relating to the discipline 
 of the school as they are in the management 
 
186 SCHOOL LAWS AND DECISIONS 
 
 of its pecuniary affairs and the election of the 
 members of its faculty. 
 
 341. The State, in the general appropriation 
 act of 1866, and in the subsequent appropria- 
 tion acts, makes provision for granting State 
 aid to students in the State Normal schools. 
 The law provides as follows : 
 
 " For each student, over seventeen years of 
 age, who shall sign a written declaration, in 
 the form prescribed by the Superintendent of 
 Schools, that said student intends to teach in 
 the common schools of the State, there shall 
 be paid the sum of fifty cents per week, to- 
 wards the expenses of said student. 
 
 " Tor each student who was disabled in the 
 military or naval service of the United States, 
 or of Pennsylvania, or whose father lost his 
 life in said service, and who is over seventeen 
 and not over twenty -two years of ap^e, and who 
 shall sign a declaration, as herein provided, 
 there shall be paid the sum of one dollar per 
 week ; to each student who, during the school 
 year commencing on the first Monday of June, 
 one thousand eight hundred and sixty- six, shall 
 have graduated at any of the Normal schools 
 of the State, and who shall sign an agreement, 
 bindins: said student to teach in the common 
 
OP PENNSYLVANIA. 18t 
 
 schools of the State two full years, there shall 
 be paid the sum of fifty dollars." 
 
 Provided^ That each student in a Normal 
 school, drawing an allowance from the State, 
 must receive regular instruction in the science 
 and art of teaching in a special class devoted 
 to that object, for the whole time such an al- 
 lowance is drawn ; and in the allowance to 
 soldier students in Normal schools, no dis- 
 tinction shall be made on account of age. (a) 
 
 342. Any student, to secure the benefits of 
 this appropriation, must attend the school at 
 least one term of twelve consecutive weeks. 
 
 The price of boarding and tuition, as fixed 
 by the respective boards of trustees of the sev- 
 eral schools, and approved by the Superin- 
 tendent of Schools, shall be the same for all 
 students pursuing similar studies. 
 
 Students receiving the several sums, per 
 week, as herein specified, shajl have deducted 
 from their regular expenses the full amount 
 thus received from the State. 
 
 The Superintendent of Schools shall not 
 issue his warrant for the amount thus claimed 
 by either of the said schools, until there shall 
 be on file in his oflSce, a report from the prin- 
 
 (a) Appropriation act, 1869, sec. 14. 
 
188 SCHOOL LAWS AND DECISIONS 
 
 cipal of said school, authenticated by his oath 
 or affirmation, and certified to by the presi- 
 dent of the board of trustees, stating the exact 
 number of students, over seventeen years of 
 age, that have attended the school at least 
 twelve consecutive weeks, within the school 
 year of the several Normal schools, commenc- 
 ing on the first Monday of September, and 
 who have, in all respects, conformed to the 
 conditions and requirements herein made, re- 
 garding such students, how many thus attend- 
 ing are disabled soldiers or sailors, or orphans 
 whose fathers died in the service of the coun- 
 try, and how manj^ have graduated during the 
 term for which said report is made, and who 
 have also complied with the conditions herein, 
 together with their names and address, date 
 of entrance and withdrawal from the school, 
 stating, also, whether the whole amount to be 
 allowed to each student has been deducted 
 from his expenses. 
 
 343. Superintendents of the counties belong- 
 ing to the Normal school district^ in which the 
 school is situated, should, if possible, attend 
 the annual examinations of the students who 
 are to graduate with the expectation of enter- 
 ing the teacher's profession. It should be con- 
 sidered a part of their official duties. 
 
OP PENNSYLVANIA. 189 
 
 CL. That when the trustees of any school 
 desirous of claiming the privileges of this act, 
 shall make application to the State Superinten- 
 dent of Common Schools, it shall be the duty 
 of the Superintendent of Common Schools, to- 
 gether with four other competent and disin- 
 terested persons, to be chosen by him, with the 
 consent of the Governor, and all the superin- 
 tendents of the counties in the Normal school 
 district in which such school shall be situated, 
 on receiving due notice from the Department 
 of Common Schools, personally, and at the 
 same time, to visit and carefully inspect such 
 school ; and if, after thorough examination 
 thereof, and of its by-laws, rules and regula- 
 tions, and of its general arrangement and facili- 
 ties for instruction, they, or at least two-thirds 
 of them, shall approve the same, and find that 
 they fully come up to the provisions of this act, 
 in that case and in no other, they shall cer- 
 tify the same to the Department of Common 
 Schools, with their opinions that such school 
 has fully complied with the provisions of this 
 act, as far as can be done, before going into 
 operation under this act ; whereupon the State 
 Superintendent shall forthwith recognize such 
 school as a State Normal school under this act, 
 and give public notice thereof in two news- 
 papers in each county, in the proper Normal 
 school district, and thenceforward this act shall 
 go into full operation, so far as regards such 
 school, without any further proceedings. And 
 if upon due inspection, any school so applying 
 
190 SCHOOL LAWS AND DECISIONS 
 
 shall be found insufficient under this act, said 
 board of inspectors shall so report to the Su- 
 perintendent of Common Schools, who shall 
 thereupon inform the trustees thereof of such 
 adverse report. 
 
 RIVAL APPLICATIONS. 
 
 CLI. That if two or more schools apply in 
 the same district to be recognized under this 
 act at the same time, all of them shall be vis- 
 ited in the manner prescribed by the next pre- 
 ceding section, and the one found to possess 
 the largest and best accommodations and ar- 
 rangements, to give effect to the purposes of 
 this act, shall be preferred, and so certified, if 
 it fully come up to the requirements of this 
 act ; and if two or more schools iii the same 
 district be found to possess equal accommoda- 
 tions and arrangements full}^ up to the require- 
 ments of this act, in that case the one nearest 
 to the centre of the proper Normal district 
 shall be preferred, and certified for recognition 
 to the Department of Common Schools ; and if 
 one or more of the schools thus applying for 
 recognition giA^e notice to the Department of 
 Common Schools, with reasonable assurance 
 that it or they are not now ready for inspec- 
 tion, under the seventh section of this act, but 
 will be within the term of six months from and 
 after the date of such notice, in that case none 
 of the applicant schools shall be inspected in 
 such district, till such time, within said six 
 months, when all shall be prepared for inspec- 
 
OP PENNSYLVANIA. 191 
 
 tion, when like proceedings shall take place 
 as have been prescribed in the preceding part 
 of this and the seventh section. 
 
 CERTIFICATE OP SCHOLARSHIP. 
 
 CLII. That the board of principals who 
 shall examine the candidates for graduation in 
 any of the Normal schools nnder this act, shall 
 issue certificates to all such students of the 
 full course as two- thirds of the board shall ap- 
 prove, setting forth expressly the branches in 
 which each has been found duly qualified, 
 which certificates must embrace such branches 
 of learning, in addition to those of orthogra- 
 phy, reading, writing, English grammar, geo- 
 graphy and arithmetic, as shall be prescribed 
 by the board of principals, in accordance with 
 the seventh paragraph of the sixth section of 
 said act, or by the principal of the first school 
 recognized, so long as only one shall be in ope- 
 ration ; (a) including the theory, but not in- 
 cluding the practice of teaching, and may also 
 include any additional branches in which the 
 graduate is found proficient. Actual teachers 
 of common schools in good standing, who shall 
 produce satisfactory evidence of having taught 
 in common schools, during three full consecu- 
 tive annual terms of the districts in which they 
 were employed, may also be examined at the 
 same time and in the same manner with the 
 regular students of their proper Normal school, 
 
 (a) Act April 15, 1859, sec. 2. P. L. page 681. 
 
192 SCHOOL LAWS AND DECISIONS 
 
 and if found equally qualified, shall receive 
 certificates of scholarship of the same kind. 
 And the certificate shall be signed by all the 
 examiners if less, and by at least two-thirds of 
 them if more than three, and also by the whole 
 faculty of the x^roper school in every case, 
 and all the certificates granted under this sec- 
 tion shall be received as evidence of scholar- 
 ship, to the extent set forth on the face of 
 them, without further examination, in every 
 part of the State. And whenever the holder 
 of any certificate, under this section, shall by 
 study and practice, have prepared for exami- 
 nation in any branches of study additional to 
 those in such certificate, he or she may attend 
 the annual examination of the Normal school 
 of the district, and if found dulj^ qualified, 
 shall receive a new certificate, setting forth all 
 the branches in which, up to that time, he or she 
 may have been found proficient ; and thence- 
 forth such enlarged certificate shall also be evi- 
 dence of scholarship to the extent of it, in every 
 part of the State, without further examination. 
 
 teachers' state certificate. 
 
 CLIII. That no certificate of competence 
 in the practice of teaching shall be issued to 
 the regular graduate of any of said Normal 
 schools, till after the expiration of two years 
 from the date of graduation, and of two fall 
 annual terms of actual teaching in the district 
 or districts in which such graduate taught, 
 nor to anv teacher who shall hold a fall cer- 
 
OF PENNSYLVANIA. 198 
 
 tificate of scholarship, without having been a 
 regular student and graduate, unless upon fall 
 proof of three years actual teaching in a com- 
 mon school or schools, nor in either case with- 
 out the production of a certificate of good 
 moral conduct, and satisfactory discharge of 
 the requisite duration of professional duty, from 
 the board or boards of directors, in whose em- 
 ployment the applicant shall have taught, coun- 
 tersigned by the county superintendent of the 
 proper county or counties ; on the production 
 of which proof, and not otherwise, a full certi- 
 ficate of competence in the practice of teaching 
 shall be added to the certificate of scholarship, 
 and of theoretical knowledge of the science of 
 teaching already possessed, to be received as 
 full evidence of practical qualification to teach 
 in any part of the State without further ex- 
 amination : Provided however^ That practical 
 teachers who shall, upon due examination, re- 
 ceive a certificate of scholarship, may at the 
 same time receive a certificate in the practice 
 of teaching, upon producing the required evi- 
 dence of three years previous experience in 
 the art of teaching, and of good moral con- 
 duct. 
 
 344. Each applicant must be twenty-one 
 years of age, of good moral character, and 
 have taught sucessMly during three consecu- 
 tive terms in a common school or in common 
 schools in this State ; the proof of age to be 
 the declaration on honor of the applicant ; and 
 13 
 
194 SCHOOL LAWS AND DECISIONS 
 
 of moral character, and on the satisfactory dis- 
 charge of the requisite terms of teaching, a 
 certificate from the proper board or boards of 
 directors, signed b}^ the president and secretary, 
 and countersigned by the proper count}' su- 
 perintendent or superintendents. 
 
 345. The examination to be in the elementary, 
 scientific, or classical course, as the applicant 
 may select, according to the list of studies as 
 printed in the circulars of the State Normal 
 schools, and approved by the Superintendent 
 of Common Schools, or in such other studies 
 as may be deemed by the board of examiners as 
 equivalent. 
 
 346. Any person obtaining a certificate in 
 the elementary or scientific course, may, at the 
 next or any succeeding annual examination, 
 be examined for the higher course, and obtain 
 the proper certificate. 
 
 347. Each applicant shall prepare and pre- 
 sent to the board of examiners an original 
 thesis on some professional subject, of not less 
 than six folio pages of manuscript, to be re- 
 tained at the school where the examination 
 takes place. 
 
 348. The examination and certificate to be 
 without expense to the applicant, and the certi- 
 
OP PENNSYLVANIA. 195 
 
 ficate to be full evidence of qualification to 
 teach the branches therein named, in any part 
 of the State, without further examination. 
 
 CLIV. That no temporary or provisional 
 certificate of any less degree of scholarship 
 than that required by the ninth section of this 
 act, shall be issued by said board of principals, 
 nor by the faculty of any of said schools ; but 
 the principal of each of said schools may cer- 
 tif}^ in writing, to the length of time which 
 teachers may have attended under the eleventh 
 article of the sixth section of this act, and the 
 manner of their deportment while in attend- 
 ance. 
 
 CLY. That the students who shall gradu- 
 ate, on district account, in an}^ of said Mormal 
 schools, shall be liable to devote the next three 
 years after their graduation, to the exercise of 
 their profession as teachers in the common 
 schools of the district which defrayed the ex- 
 pense of their professional instruction, if so re- 
 quired by the respective boards of directors of 
 such districts, and at the medium salary or 
 compensation paid in such districts ; and if not 
 so required by their proper district, they shall 
 devote said three years to the employment of 
 teaching in the common schools of some other 
 district or districts, at such salarjr as may be 
 given therein ; and each of said students, be- 
 fore admission to the proper Normal school, 
 shall subscribe a written declaration of his or 
 her intention to comply with the provisions of 
 
196 SCHOOL LAWS AND DECISIONS 
 
 this section, which shall be deposited with the 
 secretary of the board of directors of the pro- 
 per common school district. 
 
 DUTY OF SUPERINTENDENT OF COMMON 
 SCHOOLS. 
 
 CLYI. That it shall be the duty of the Su- 
 perintendent of Common Schools to prescribe 
 all forms and to give all instructions riequired 
 for carrying this act into full effect, on all 
 points not herein set forth in detail. 
 
 r._COLLEGES AND ACADEMIES. 
 
 CLVII. That on or before the first day of 
 November, annually, it shall be the duty of 
 the president, faculty or trustees of each uni- 
 versity or college, and the preceptor, trustees 
 or managers of each academy or school, other 
 than common schools, having received aid from 
 this Commonwealth, to report the number of 
 students in each class, and the total number of 
 graduates, if any, course of studies pursued, 
 financial resources and expenses, the future 
 prospects of their several institutions, accom- 
 panied with such remarks as may illustrate 
 their general condition, to the Superintendent 
 of Common Schools, so much of which, it shall 
 be his duty to lay before the Legislature, in 
 his annual report, as he may deem proper, {a) 
 
 CLYIII. That the trustees of any acade- 
 my, or seminary, in this Commonwealth, which 
 received money or land therefrom for educa- 
 
 (a) Act April 1, 1836, sec. 1. P. L. 1835-6, page 342. 
 
OF PENNSYLVANIA. lOT 
 
 tional purposes, are hereby authorized and em- 
 powered to convey, by deed of not less than 
 two-thirds of their number, to be approved by 
 the court of common pleas of the proper coun- 
 ty, all the real estate, buildinos and property, 
 and funds of, or belonging thereto, to the board 
 of directors and their successors in office, of 
 the common schools of the district in which 
 the main building thereof may be situated, to 
 be used and applied by said directors for the 
 purposes of common school education therein, 
 and for no other purpose : Provided^ That 
 when a high common school shall have been 
 established therein, by means of said property, 
 the citizens of the county within which said 
 district is situated, shall have the right to have 
 their sons and daughters admitted into such 
 high school, if duly qualified, on paying to the 
 treasurer of said district the same rate of tui- 
 tion for each, which it shall annually cost said 
 district, per student, to keep said high school 
 in operation, without adding anything thereto 
 for the use of the building, {a) 
 
 349 No. GL VIII is commended to the con- 
 sideration of hoards of trustees and of di- 
 rectors^ in all towns containing property of the 
 kind it relates to. The bringing of such un- 
 used or little used means into active operation, 
 for the benefit of higher learning, will be of 
 great importance to localities where it is now 
 
 (a) Act April 11, 1862, sec. 16. P. L. page 475. 
 
198 SCHOOL LAWS AND DECISIONS 
 
 producing little if any good. Tlie State has a 
 direct pecuniary, as well as an immense future 
 interest in this matter. 
 
 G.— DISTRICT SCHOOL LIBRARIES. 
 
 CLIX. That whenever, by subscription or 
 otherwise, a collection of books, or funds to 
 purchase the same, shall have been obtained 
 to form a public library in and for any common 
 school district in this Commonwealth, it shall 
 be the duty of the board of directors thereof, 
 for the time being, to select the most suitable 
 school house therein, in which said library shall 
 be placed, preferring, if otherwise expedient, 
 the school house in which the district institute 
 is held, and to provide out of the school funds 
 of the district a suitable case or cases for said 
 librarj^, and for such additional books as may 
 be annually added thereto. 
 
 CLX. That it. shall be the duty of said di- 
 rectors to receive into the district* treasury all 
 moneys contributed, or otherwise obtained, 
 for the purchase or increase of the district li- 
 brary, and to select and purchase the books 
 therefor, or to appoint a committee of the board, 
 or of not less than three citizens of the district, 
 to make such selection and purchase, and also 
 from time to time thereafter to make additional 
 selections and purchase in the same manner ; 
 but that no books shall be donated or placed 
 in said library, without the approbation and 
 consent of the selecting committee, nor shall 
 
OP PENNSYLVANIA. 199 
 
 the proper board of directors appropriate any 
 of the school funds of the district to the pur- 
 chase of books for the library, except such 
 works of a strictly professional character, as 
 shall be necessar}^ and proper for the study and 
 improvement of the teachers of the proper dis- 
 trict ; and all moneys received by said board 
 for library purposes shall be annually account- 
 ed for at the settlement of its accounts, in the 
 same manner as common school funds are now 
 by law accounted for. 
 
 CLXI. That the legal possession and own- 
 ership of the books, cases and other append- 
 ages of the district library, shall be and re- 
 main in the proper board of directors and their 
 successors in office as trustees for the district, 
 and that the felonious taking and carrying 
 away thereof, or of any part thereof, or of any 
 book, article of apparatus, or furniture, from 
 or belonging to any common school house, shall 
 and is hereby declared to be larceny ; and the 
 breaking into a common school house at night 
 with intent to commit larceny as herein set 
 forth, or any felony, shall and is hereby de- 
 clared to be burglary, and that any larceny or 
 burglary so committed, shall be punished as 
 in other cases under existing statutes. 
 
 CLXII. That any person over twelve years 
 of age, and resident in the proper district, 
 whether contributor or not to the librar^^, shall 
 be entitled, without charge, to the use of the 
 books thereof, according to the rules and regu- 
 lations thereof; but that no book shall be issued 
 
200 SCHOOL LAWS AND DECISIONS 
 
 to any minor without the order of his or her 
 parent, guardian or master, who shall there- 
 upon become liable to all the penalties for the 
 abuse, loss, or undue detainment of any book 
 by said minor ; and all entries of the issue of 
 books duly made in the library list by the 
 librarian at the time of such issue, shall be 
 prima facie evidence thereof in a suit for any 
 penalty, or for the value of any book. 
 
 CLXIII. That the proper board of direc- 
 tors, and their successors in office, shall make, 
 and from time to time as shall be proper, alter 
 and amend the necessary rules and regulations 
 for the care, issue, use and return of the books 
 of the district library', and ordain such penal- 
 ties for the abuse, loss or undue detainment 
 thereof, as to them shall seem just and proper ; 
 which penalties shall be recoverable as debts 
 of like amount are now by law recoverable ; 
 and such penalties shall either be payable to 
 the librarian in compensation of his services, 
 or into the iibrarj^ fund, as the proper board of 
 directors shall determine. 
 
 CLXIV. That the secretary of the proper 
 board of directors, or such other member as the 
 board may select, shall be the general librarian 
 of the district library ; and that the principal 
 teacher of the school held in the house in which 
 the library is kept, shall be the assistant libra- 
 rian while in charge of said school, and while 
 so in charge, such assistant librarian shall have 
 the charge of the library, so far as relates to the 
 care, issue, and return of books and the keeping 
 
OP PENNSYLVANIA. 201 
 
 of the list thereof; but that neither the libra- 
 rian, as secretary, nor the assistant, as teacher, 
 on going out of office, shall receive his final in- 
 stalment of salary till he shall have first ac- 
 counted for all the books belonging to the li- 
 brary, to the satisfaction of the proper board. 
 
 CLXy. That when the pupils, or other per- 
 sons connected with any common school, shall 
 have procured books or funds for the purchase 
 of books, for a school library therefor, it shall 
 be the duty of the directors of the proper dis- 
 trict to provide out of the school funds of the 
 district a suitable case therefor, and also for 
 such additions as may subsequently from time 
 to time be made thereto ; and the selection and 
 purchase of the books for such school library, 
 and of all additions thereto, shall be made by 
 a committee composed of the teacher of the 
 school for the time being, and of not less than 
 two parents of pupils attending such school, to 
 be chosen by all the attending pupils ; but that 
 no books shall be donated to or placed in said 
 library without the approval of the proper se- 
 lecting committee ; and that it shall not be 
 lawful for the board of directors to appropriate 
 any of the funds of the district to the purchase 
 of books for said school librar3\ 
 
 CLXYI. That all the pupils of the proper 
 school and no other, shall be entitled to the use 
 of the books of said library at their homes, sub- 
 ject to such rules relating to the care, use and 
 return thereof, as the aforesaid committee, for 
 the selection and purchase thereof, shall from 
 
202 SCHOOL LAWS AND DECISIONS 
 
 time to time establish ; and that one of the 
 pupils of said school, to be selected by the other 
 pupils, with the consent of the selecting com- 
 mittee aforesaid, shall be the librarian of the 
 school librar}^ 
 
 CLXYII. That the legal possession and 
 ownership of the school library shall be in the 
 proper board of directors ; the felonious taking 
 thereof shall be larceny, the issue list thereof 
 shall be prima facie evidence of delivery, and 
 the penalties for the abuse, loss or detention 
 of books, shall be recoverable, as hereinbefore 
 provided in the case of district libraries. 
 
 CLXVIII. That it shall be lawful for the 
 common school directors of an}^ district to re- 
 ceive, hold and use, an}^ devise, bequest, gift, 
 grant or endowment of property, whether real 
 or personal, which may be made to them for the 
 establishment, increase or support, either of a 
 district or of a school library in existence, or to 
 be established under the provisions of this act, 
 and the same to apply to the establishment, in- 
 crease and efficiency thereof; subject, however, 
 to an}^ terms, conditions or restrictions attach- 
 ed to such devise, bequest, gift, grant or en- 
 dowment, and not inconsistent with the pur- 
 poses of this act ; and the said directors, and 
 their successors in office, shall have authority 
 to bring suit, and do all other things necessary 
 for the recovery, use and application of the 
 same to the purposes aforesaid, {a) 
 
 (a) Act May 5, 18o4, sec, 1 to 10. P. L. page 826. 
 
OP PENNSYLVANIA. 203 
 
 H.— MISCELLANEOUS PROVISIONS. 
 
 I. HOLIDAYS. 
 
 350. There are five days in the year which 
 are now generally considered as holidays, viz : 
 Thanksgiving day, Christmas, Good Friday, 
 Washington's Birthday and the Fourth of July. 
 New Year's day is not. for obvious reasons, 
 ■included in the list, and there is still less rea- 
 son for including any other day, unless it has 
 been speciall}^ set apart as a thanksgiving or 
 fast day. 
 
 351. All public schools ought to be closed 
 on the five days above named. They ought to 
 be closed on Thanksgiving day, out of respect 
 to the President of the United States or the 
 Governor of the Commonwealth, who directs 
 the observance of the day. They ought to be 
 closed on Christmas, because it is a time of 
 religious festival observed by all Christian 
 people. To keep the schools open on Sunday 
 would be no more shocking to a refined reli- 
 gious sense than to keep them open on Christ- 
 mas day. They ought to be closed on Wash- 
 ington's Birthday and Good Friday, because 
 Pennsylvania statutes declare these days pub- 
 lic holidays. And they ought to be closed on 
 the Fourth of July, because that is the anni- 
 
204 SCHOOL LAWS AND DECISIONS 
 
 versary of our independence, and the whole 
 nation Has hallowed it. 
 
 352. If, then, the public schools be closed 
 on the days specified, shall the teachers lose 
 the time cr shall they be allowed it ? 
 
 The proper answer to this question is, that 
 it is a matter of contract between teachers and 
 the boards of directors who employ them, and 
 ought to be understood between the parties 
 when making the contract in reference to term 
 of teaching, salary, &c. A board of directors 
 can require the teachers they employ, if the 
 teachers agree to it, to teach twentj'-two days 
 for a month ; they can allow them to count 
 each holiday occurring in a month as a day 
 taught ; or they can allow them to count cer- 
 tain holidays as days taught, and refuse to 
 allow them the same privilege with reference 
 to other holidays. 
 
 If no contract exists between teachers and 
 directors in reference to whether the teachers 
 shall be required to make up the time lost by 
 holidays or otherwise, if an existing contract 
 simply designates the number of days in the 
 school month or school term, and is silent as 
 to holidays, or if no verbal understanding ex- 
 ists between the parties which could be con- 
 
OP PENNSYLVANIA. 205 
 
 sidered as equivalent to a contract, it is a long 
 standing decision of this Dei)artment that 
 teachers closing their schools on any or all of 
 the days above designated as holidays cannot 
 be required to make up the time, but are to be 
 allowed their salaries the same as if the schools 
 had been in operation. If, however, under the 
 circumstances above named, a teacher should 
 keei^ his school open on any holiday, he can 
 be allowed for no more time than if he had 
 closed it. 
 
 As the decisions of this Department have 
 the force of law, unless set aside by some high- 
 er authority, directors should not hesitate to 
 count twenty-one days of teaching and a holi- 
 day allowed, as a legal school month; and 
 they can in that case truthfully take the oath 
 required of them in regard to the time the 
 schools were kept open. 
 
 The names of all holidays should be written 
 in the Teacher's Report Book, under the pro- 
 per date. 
 
 II. LAW ESTABLISHING TEACHERS' INSTITUTE IN 
 PHILADELPHIA. 
 
 CLXIX. Be it enacted by the Senate and 
 House of Repreaentatives of the Commonwealth 
 of Pennsylvania in General Assembly met. 
 
206 SCHOOL LAWS AND DECISIONS 
 
 and it is hereby enacted by the authority of 
 the same, That (here follow the names of 
 nearly four hundred teachers of the city and 
 county of Philadelphia, male and female,) and 
 their successors who have been or may here- 
 after be teachers in the public schools of said 
 city and county, be and they are hereb}^ 
 created into a body politic, in deed and in 
 law, by the name, st3^1e and title of the Teach- 
 ers' Institute of the city and county of Phila- 
 delphia, and by that name and title shall have 
 perpetual succession, and shall be capable of 
 suing and being sued, impleading and being 
 impleaded, and shall be able and capable, in 
 law and in equit}^, to receive, take and hold, 
 for the use of said corporation, lands, tene- 
 ments, and hereditaments and estate, real and 
 personal, whatsoever, and the same to grant, 
 bargain, sell, transfer, assign, mortgage and 
 convey in such manner as the said corporation 
 may deem proper, and to receive and make all 
 deeds, transfers, contracts, conveyances, cove- 
 nants, and assurances whatsoever, to make, 
 have and use a common seal, under and by 
 whioh all deeds, assurances and acts of the 
 said corporation shall pass and be authenti- 
 cated, and the same seal to change and renew 
 at pleasure, and generally to do every other 
 act or thing necessary to carry into effect the 
 provisions of this act, and to promote the 
 several objects and designs of the said corpo- 
 ration. 
 
 CLXX. The objects and designs of the said 
 
OP PENNSYLVANIA. 201 
 
 corporation shall be the improvement of the 
 teachers of the public schools of the city and 
 and county of Philadelphia, by means of lec- 
 tures, essays, and discussions upon educa- 
 tional topics, practical illustrations of modes 
 of teaching, the formation of a teachers' li- 
 brary, by readings and other elocutionary 
 exercises, and by such other means as may 
 from time to time be determined, either by 
 the by-laws or resolutions of said corporation ; 
 and it shall also be lawful for the said corpo- 
 ration to receive any real or personal estate 
 by gift, grant, bargain, sale, will, or bequest, 
 from any person or persons whomsoever, and 
 to hold the same upon trust, to apply the in- 
 come thereof to the relief of those who have 
 been, are, or may be teachers in the public 
 schools of the said city and county of Phila- 
 delphia, who from infirmity of years, sickness, 
 or other disability may need relief, in such 
 manner and under such restrictions and pro- 
 visions as the said by-laws ma}^ provide : Pro- 
 vided always^ That the by-laws and resolu- 
 tions aforesaid shall not be inconsistent with 
 this charter, or with the constitution of the 
 United States, or the constitution and laws of 
 this Commonwealth. 
 
 CLXXI. The said corporation shall have 
 power to adopt a constitution and make by- 
 laws, and the same at pleasure to amend, 
 alter or revoke, and by said constitution may 
 provide how and in what manner, and under 
 what restrictions and provisions, the aforesaid 
 
208 SCHOOL LAWS AND DECISIONS 
 
 teachers may become members of the said cor- 
 poration, and shall also provide how the said 
 corporation shall be managed, by what offi- 
 cers, when annnal meetings and elections of 
 officers and directors shall be held, for what 
 terms, how vacancies shall be filled, how and 
 in what manner the objects of this corpora- 
 tion shall be most jndicionsly carried into 
 effect ; and it shall have power generally to 
 do all and singular the matters and things 
 which to them it shall lawfully appertain to 
 do for the well being of said corporation, and 
 the due ordering and managing of the affairs 
 thereof, {a) 
 
 III. GENERAL REPEALING SECTIONS AND SAVING 
 CLAUSES. 
 
 CLXXII. That the act and its supplements 
 now in operation in the city and county of 
 Philadelphia, entitled "An Act to provide for 
 the education of children at the public expense 
 within the city and county of Philadelphia," 
 are declared to be concurrent with the provi- 
 sions of this act, and are in nowise to be con- 
 sidered as altered, amended or repealed, except 
 so far that the said city and county shall be 
 entitled to receive their due proportion and 
 share of the annual State appropriation, nor 
 shall anything contained in this act be deemed 
 and taken to alter, or in any manner to inter- 
 fere with the system of public schools now in 
 
 (a) Act March 26, 1867. P. L. page 563. 
 
OF PENNSYLVANIA. 209 
 
 operation in the said city and connty; and 
 that the act, entitled "An Act relating to com- 
 mon schools of the city of Lancaster," approv- 
 ed the second day of January, Anno Domini 
 one thousand eight hundred and fifty, and 
 the act relative to the common schools in the 
 borough of Carlisle, approved April fifteenth, 
 one thousand eight hundred and fifty, are also 
 hereby continued in full force, so that none of 
 the provisions of this act shall apply to said 
 city or borough, except such as are not incon- 
 sistent with the provisions of those acts, {a) 
 
 CLXXni. That all former acts, and parts 
 of acts, relative to the common school system, 
 which are supplied by, or are inconsistent with 
 the provisions of this act, and all laws relating 
 to or creating independent districts, or author- 
 izing the establishment of sub-districts, and 
 the appointment of committees, are hereby re- 
 pealed, (h) 
 
 CLXXiy. That all acts, or parts of acts, 
 in opposition to or inconsistent with* this act, 
 are hereby repealed : Provided^ That this act 
 shall not apply to the city or county of Phila- 
 delphia, (c) 
 
 CLXXY. That all laws or parts of laws here- 
 by altered or supplied, or inconsistent here- 
 with, and the ninth section of the act, entitled 
 "An Act relating to the common schools of 
 
 (a) Act May 8, 1854, sec. 50. P. L. page 629. 
 
 (&) Act May 8, 1854, sec. 52. P. L. page 629. 
 
 (c) Act April 9, 1867, sec. 14. P. L. page 57. 
 14 
 
210 SCHOOL LAWS AND DECISIONS 
 
 the oity of Lancaster," approved January twen- 
 ty-second, one thousand eight hundred audfifty, 
 are hereby repealed, except that none of the 
 provisions of this ^ct shall extend to the city 
 of Philadelphia, (a) 
 
 353. These provisions show the special or 
 local acts excepted from the effect of the school 
 law of 1854, and its next supplement of 1862, 
 and the repealing extent of both those acts. 
 
 354. The clause in No. GLXXIII, abolish- 
 ing independent districts^ will be found, by re- 
 ference to No. CLXXYI, (showing the list of 
 obsolete acts,) to have been subsequently ex- 
 tended for a definite time ; and any that were 
 continued by act of the proper court, within 
 that time, for five years, are now permanent 
 by the twelfth section of the school supple- 
 ment of 11th April, 1862. All other indepen- 
 dent districts in existence previously and not 
 then continued, were abolished by the opera- 
 tion of No. CLXXIII. 
 
 355. Sub-districts and sub-committees were 
 totally abolished by CLXXIII, and since the 
 passage of the school law of May 8, 1854, 
 neither have had any legal existence. 
 
 (a) Aftt April 11, 1862, sec. 19. P. L. page 475. 
 
OF PENNSYLVANIA. 211 
 
 IV. DISTRICTS HAVING SPECIAL LAWS. 
 
 Note. — The city of Philadelphia and the 
 borough of Carlisle have systems inaugurated 
 before the passage of the general school law, 
 which renders them independent of its pro- 
 visions. Philadelphia, acts March 3, 1818, 
 June 13, 1836, February 2, 1854, and April 5, 
 186Y ; Carlisle borough, act of April 15, 1850. 
 The following cities and boroughs have also 
 obtained special legislation, which slightly 
 modifies the organization of their schools : 
 Lancaster, act of January 2, 1850, supplement 
 April 10, 1867, act of March 16, 1868 ; Pitts- 
 burg, act of February 9, 185?>, supplement of 
 March 31, 1868, act of February 12, 1869; 
 Easton borough, act of May 8, 1856; Erie, 
 act of April 22, 1856 ; Allentown, act of March 
 19, 1869 ; Williamsport, act of April 14, 1868. 
 
 Carlisle, act of December 1, 1868. P. L. 
 page 1397. Williamsport, act of April 10, 
 1868. P. L. page 791. 
 
 Relative to school directors in the county 
 of Allegheny, act of 1866. P. L. page 492. 
 
 District institutes, Westmoreland county, 
 act of April 11, 1866. P. L. page 656. 
 
212 SCHOOL LAWS AND DECISIONS 
 
 V. LIST OF REPEALED, SUPPLIED OR OBSOLETE 
 
 SECTIONS. 
 
 CLXXYI. That in future digests of the school 
 laws, the State Superintendent is hereby author- 
 ized to omit therefrom, such portions thereof as 
 are, or shall be repealed, and to insert the sec- 
 tions of this act, and of such future acts as may 
 be passed, relative to the school system, in their 
 proper relative positions in such digest, (a) 
 
 356. Bejyealed sections and parts of sections — 
 omitted. 
 
 General school law of May 8, 1854, section 1: 
 That part which retained in one district, 
 a township and borough connected in the 
 assessment of taxes — repealed by section 
 10, school supplement of May 8, 1855. 
 
 Same act, section 46 : That part declaring the 
 Secretary of the Commonwealth to be Su- 
 perintendent of Common Schools — repeal- 
 ed by section 1, of school supplement of 
 April 18, 1857. 
 
 Act of April 3, 1851, "regulating boroughs," 
 section 23 : Authorizing court creating a 
 borough to decide whether it shall or shall 
 not be a separate school district — repeal- 
 ed by section 53, of general school law of 
 1854; thus causing every borough, there- 
 after created, to be a school district, 
 (rt) Act April 11, 1862. sec. 19. P. L. page 475. 
 
OP PENNSYLVANIA. 213 
 
 School supplement, May 24, 185t, section 1 ; 
 The latter clause, limiting a continued in- 
 dependent district to five years, and the 
 proviso relative to the disposition of the 
 property of discontinued independent dis- 
 tricts — repealed by section 12, supplement 
 of April 11, 1862. 
 
 Act of April 11, 1862: So much of section 1, 
 as makes district institutes obligatory — 
 repealed by section 1, of act of April It, 
 1865. 
 
 General school law of Ma}^ 8, 1854, section 3G : 
 Repealed by section 3, of 1865. 
 
 General school law of May 8, 1854, section 40 : 
 Repealed by section 4, of act of April It, 
 1865. 
 
 General school law of May 8, 1854 : So much 
 of section 23, as relates to age of pupils — 
 ■ repealed by section 5, of act of April 17, 
 1865. 
 
 357. Supplied sections and parts of sections — 
 omitted. 
 
 General school law of May 8, 1854, section 4: 
 Relating to divisions of property between 
 new and old districts ; supplied, and there- 
 fore repealed, by section 11, supplement 
 of April 11, 1862. 
 
214 SCHOOL LAWS AND DECISIONS 
 
 Same act — Proviso to section 30 : Relating to 
 occupation and single freeman tax ; sup- 
 plied by section 2, supplement of May 21, 
 1857. 
 
 Supplement May 8, 1855 : The latter part re- 
 lating to the division of property between 
 an old district and a newly formed inde- 
 pendent district; supplied by section 11, 
 supplement of April 11, 1862. 
 
 Normal school, act of May 20, 185T, section 2 : 
 That part requiring the existence of four 
 schools before the act takes effect ; sup- 
 plied and altered by section 1, of Normal 
 supplement of April 15, 1859. 
 
 Same act, section 5 : The part requiring the 
 annual report of Normal schools to be made 
 in Juue; supplied and altered by section 
 15, Normal supplement of April 11,1862. 
 
 Same act, section 6, paragraph YI : Relative 
 to residence of model school pupils ; sup- 
 plied and altered by section 2, Normal 
 supplement of April 15, 1859. 
 
 Same act, section 6, paragraph IX : Relating 
 to charge for instruction ; supplied and 
 altered by section 2, Normal supplement 
 of April 15, 1859. 
 
OP PENNSYLVANIA. 215 
 
 Same act and section, paragraph XI : Relative 
 to charge for instruction ; supplied and 
 altered l\y section 2, Normal supplement 
 of April 15, 1859. 
 
 Same act and section, paragraph XII : Relative 
 to examinations ; the whole supplied and 
 altered by section 2, Normal supplement 
 of Apri] 15, 1859. 
 
 Same act, section 7 : Proviso as to notice and 
 recognition of not less than four schools ; 
 supplied and altered by section 1, Normal 
 ' supplement of April 15, 1859. 
 
 Same act, section 9 : The portion as to branches 
 to be embraced in, and signature of certi- 
 ficates ; supplied and altered by Normal 
 supplement of April 15, 1859. 
 
 General school law of May 8, 1854, section 12 : 
 First clause relative to time of organizing 
 the board ; supplied and altered by second 
 proviso of the act of April 22, 1863. 
 
 Same act, section 30 : The first clause relative 
 to the time of levying the tax ; supplied 
 and altered by the third proviso of the act 
 of April 22, 1863. 
 
216 SCHOOL LAWS AND DECISIONS 
 
 358. Obsolete sections and parts of sections — 
 omitted. 
 
 ' General school law of May 8, 1854, section 1 : 
 The latter portion making appropriation 
 for the then next school 3^ear. — Temporary 
 and obsolete. 
 
 Same act, section 11: Relating to tenure of 
 office by directors then elected, and col- 
 lection of taxes then assessed in certain 
 districts. — Temporary and obsolete. 
 
 Same act, section 39 : The latter portion relat- 
 ing to the mode of paying salaries of coun- 
 ty superintendents. — Obsolete by early 
 construction of the School Department 
 and concurrence of the Legislature in 
 making all subsequent appropriations for 
 that purpose. 
 
 Same act, section 54 : Relative to circulation 
 of school law of 1854. — Temporary and 
 obsolete. 
 
 School supplement of May 8, 1854, section 1 : 
 Relative to time of making report by coun- 
 ty superintendents, and the continuance 
 of independent districts for a limited time. 
 Temporary and obsolete. 
 
OF PENNSYLVANIA. 2 It 
 
 School supplement of May 8, 1855, sections 1, 
 2 and 4 : Extending tlie existence of in- 
 dependent districts to June 1, 1856, and 
 providing for their still further continu- 
 ance 4f applied for and granted by the 
 proper court within that time. — Tempo- 
 rary and obsolete. 
 
 Same act, section 13: Authorizing payment of 
 the appropriation to certain districts with 
 less than four months school during that 
 year. — Temporitry and obsolete. 
 
218 SCHOOL LAWS AND DECISIONS 
 
 APPENDIX 
 
 I. RULES OF ORDER. 
 
 The following rules of order are inserted to 
 aid boards of directors in the transaction of 
 business. They consist, mainly, of some of 
 the plainest provisions of parliamentary law. 
 Each board should make them binding by a 
 vote to that effect: 
 
 1. Four members being present, precisely at 
 the hour to which the board stands adjourned, 
 the president shall take the chair, call the mem- 
 bers to order and proceed to business. 
 
 2. Should a quorum be assembled at the 
 hour appointed, and the president be absent, 
 a president pro tern, shall be appointed to 
 serve during that meeting, or until the presi- 
 dent shall appear. 
 
 3. Should a quorum not assemble at the 
 hour appointed, the director or directors pre- 
 sent shall be competent to adjourn from time 
 to time, that an opportunity may be given for 
 
OF PENNSYLVANIA. 219 
 
 a quorum to assemble, without which no busi- 
 ness can be legally transacted. 
 
 4. In the transaction of business, the fol- 
 lowing order shall be observed : 1st, recording 
 the names of directors present ; 2d, reading 
 minutes ; 3d, unfinished business ; 4th, reports 
 of standing committees ; 5th, reports of spe- 
 cial committees ; 6th, new business, and 7th, 
 adjournment. 
 
 5. It shall be the duty of the president, at 
 all times, to preserve order, and to endeavor 
 to conduct all business before the board to a 
 speed}^ and proper result. 
 
 6. The president, as such, has no casting 
 vote, his right is to vote on every question by 
 virtue of his membership. 
 
 7. The president may speak to points of or- 
 der in preference to other members, and shall 
 decide questions of order, subject to an api^eal 
 to the board by any two members. 
 
 S. A motion made must be seconded, and 
 then repeated distinctly by the president or 
 read aloud before it is debated, and every mo- 
 tion shall be reduced to writing if the presi- 
 dent or any member requires it. 
 
 9. Any member who shall have made a mo- 
 tion shall have liberty to withdraw it with the 
 
220 SCHOOL LAWS AND DECISIONS 
 
 consent of his second before any debate has 
 taken place thereon, but not after debate is 
 had without leave being granted by the board. 
 
 10. The consideration of any question may 
 be postponed to a time fixed, or the question 
 may be supj^ressed altogether by an indefinite 
 postponement. 
 
 11. A motion once voted down cannot be 
 renewed at the same meeting of the board 
 without the consent of four members. 
 
 12. An amendment maybe moved on any 
 motion, and shall be decided before the origi- 
 nal motion ; but no more than one amendment 
 to an amendment shall be entertained. 
 
 13. If a motion under debate is composed 
 of two or more parts, which are so far inde- 
 pendent of each other as to be susceptible of 
 division into several questions, any two mem- 
 bers may have it divided and a vote taken on 
 each part. 
 
 14. When any business is brought regularly 
 before the board, the consideration of the same 
 cannot be interrupted except by a motion — for 
 adjournment ; to lie" on the table ; for the pre- 
 vious question ; for postponement ; for commit- 
 ment, or for amendment. 
 
OF PENNSYLVANIA. 221 
 
 15. A motion for adjournment shall always 
 be in order, and shall be decided without de- 
 bate, except that it cannot be entertained when 
 the board is voting on another question or 
 while a member is addressing the board. 
 
 16. The previous question cannot be moved 
 by less than three members rising for that pur- 
 pose, and when thus called, all debate shall be 
 precluded ; yet the call for the previous ques- 
 tion shall not cut off any pending amendment, 
 but the vote shall be taken without debate on 
 the amendments in their order and finally on 
 the main question. 
 
 It. A motion for postponement precludes 
 commitment, and a motion for commitment 
 precludes amendment or decision on the origi- 
 nal subject. 
 
 18. A" motion for re-consideration can only 
 be entertained when made and seconded by 
 members who were in the majority on the vote 
 on the original question. 
 
 19. When a blank is to be filled the ques- 
 tion shall be first taken on the largest sum, 
 the greatest number and the remotest day. 
 
 20. On questions of order, adjournment, 
 postponement, commitment or the previous 
 question, no member shall speak more than 
 
222 SCHOOL LAWS AND DECISIONS 
 
 once ; on all other questions each member may 
 speak twice, but not oftener without express 
 leave being granted by the board. 
 
 21. If the previous question be decided in 
 the negative the effect shall be to arrest the 
 discussion and to produce an indefinite post- 
 ponement. 
 
 22. No member shall be interrupted while 
 speaking, unless he be out of order, or for the 
 purpose of correcting mistakes or misrepre- 
 sentations. 
 
 23. No member in the course of debate shall 
 be allowed to indulge in personal reflections. 
 
 24. If any member act in any respect in a 
 disorderly manner, it shall be the privilege of 
 any member, and the duty of the president, to 
 call him to order. 
 
 25. If any member consider himself ag- 
 grieved by a decision of the chair, it shall be 
 his privilege to appeal to the board, and the 
 vote on such appeal shall be taken without de- 
 bate. 
 
 26. Members should not decline voting with- 
 out weighty reasons, yet silent members must 
 be considered as acquiescing with the majority 
 of those who vote on any question. 
 
OP PENNSYLVANIA. 223 
 
 2Y. It shall be the duty of the president to 
 appoint all committees, except when the board 
 may decide otherwise'. 
 
 28. The person first named on any commit- 
 tee shall be considered the chairman thereof, 
 whose duty it shall be to convene the com- 
 mittee, and in case of his absence or inability 
 to act, the second named member shall take 
 his place and perform his duties. 
 
 29. When the president has commenced tak- 
 ing a vote no further debate or remark shall 
 be admitted, unless there has evidently been 
 some mistake, in which case the mistake shall 
 be rectified, and the president shall recom- 
 mence taking the vote. 
 
 30. Any two members may require the re- 
 cording of the yeas and nays on any question. 
 
 31. The first person recognized by the presi- 
 dent as desiring to speak has the right to the 
 floor. 
 
 II. COMMON SCHOOL FORMS. 
 
 1. Form of Deed of Land to School Directors. 
 
 Know all men by these presents, that A. B. 
 
 of , Yeoman^ [or as the case may 6e,] 
 
 and C. his wife, for and in consideration of 
 
224 SCHOOL LAWS AND DECISIONS 
 
 dollars, to them paid at the ensealing 
 
 hereof, by school district, in the coun- 
 ty of , the receipt of which is hereby 
 
 acknowledged, do grant, bargain, sell, assure 
 and convey to the school district aforesaid and 
 its assigns, a piece of ground situate in the said 
 district, described as follows, viz : Beginning, 
 [here insert a description of the premises,'] 
 
 containing , being part of the premises 
 
 conveyed by to the grantors, by deed 
 
 dated, [here insert the necessary recital ;] to- 
 gether with all its rights, members and appur- 
 tenances. To have and to hold the said piece 
 of ground and appurtenances, to the school 
 district aforesaid and its assigns, forever. 
 
 And they, the said A. B. and C, his wife, 
 do hereby covenant with the said district and 
 its assigns, that they are lawfully siezed in fee 
 of the above granted premises ; that they are 
 free of all encumbrances ; that the}'- have a 
 good right to sell and convey the same to the 
 said district, and will warrant and defend the 
 same premises to the said district and its as- 
 signs, forever, against the lawful claims and 
 demands of all persons Whatsoever, [the pre- 
 ceding paragraph constituted a general war- 
 ranty; if a SPECIAL warranty he desired, let 
 
OP PENNSYLVANIA. 225 
 
 the following words be added :] claiming by, 
 from, or under them, or any of them. 
 
 In witness, &c. A B <( l. s. J- 
 
 0-.-. D.... ^L.s.^ 
 
 Sealed and delivered in~\ 
 
 presence of [ 
 
 G.... H.... ( 
 
 I.....K....J 
 
 [The receipt for the purchase money, and 
 acknowledgment before a justice, to be in the- 
 usual form. Deeds for school lots should be 
 recorded as soon as delivered.] 
 
 2. jPorm of Lease of School House and Lot to 
 School Directors. 
 Know all men by these presents, that I, A. 
 
 B., of , agree to let and rent to school 
 
 district, in county, a house or building in 
 
 said township, with about of ground, ad- 
 joining lands of , for the establishment and 
 
 support of common schools in said district, ac- 
 cording to law, for the term of , from the 
 
 . day of . , at the annual rent of . , to be 
 
 paid in payments; the directors of said 
 
 district to have the right to remove all build- 
 ings erected and fixtures placed by said dis- 
 trict on said lot during said term, at the end 
 15 
 
2-26 SCHOOL LAWS AND DECISIONS 
 
 thereof; and the premises to be surrendered 
 at the expiration of said term, in good order, 
 casualties excepted. In witness, &c. 
 
 A.... B.... -<; L.s. y 
 
 c D ^ L. s. ;. 
 
 Sealed and delivered in 1 PresH Board, 
 
 presence of \ 
 
 G.... H.-.. j 
 
 • I....K....J 
 
 ■ [Two copies or counterparts of all leases 
 should be executed ; one to be kept by the 
 board, and the other by the lessor.] 
 
 3. Form of Bond cf Collector of School Tax. 
 Know all men by these presents, that we, 
 
 A. B., C. D., and E. F., of , in the county 
 
 of , are held and firmly bound to school 
 
 district, in the county of , in the sum of 
 
 [here insert double the amount of the dupli- 
 cate'] dollars, lawful money, to be paid to the 
 said school, district ; to the payment of which 
 well and truly to be made, we bind ourselves 
 jointly and severally, our heirs, executors, ad- 
 ministrators and every of them firmly, by these 
 presents. Sealed with our seals. Dated the 
 
 day of , in the year of our Lord one 
 
 thousand eight hundred and 
 
OP PENNSYLVANIA. 227 
 
 Whereas, the said A. B. has received from 
 the board of directors of the school district 
 aforesaid, a duplicate and warrant for the col- 
 lection of school taxes, amounting to the sum 
 
 of dollars : Now, therefore, if the said 
 
 A. B. shall well and faithfully collect said tax 
 according to the requirements of said warrant, 
 and pay the same into the hands of the proper 
 treasurer of said district according to law, and 
 settle up said duplicate with said district on or 
 
 before the day of next, [three months 
 
 from date,'] then this obligation to be void, else 
 to be and remain in full force and virtue. 
 A.... B.... ^ L.s. y 
 
 c... D...- '-; L.s. }■ 
 
 E...- F.... ^ L.S. ^ 
 Sealed and delivered in I 
 presence of [^ 
 
 L.... M..-. [ 
 
 N....G....J 
 
 4. Form of Warrant to Collector of School Tax. 
 
 County, \ ^^ . 
 
 District, j "^ 
 
 To C D, Collector of 
 
 School district, in said county : 
 
 These are to authorize and require you to 
 
 demand and receive of and from every person 
 
228 SCHOOL LAWS AND DECISIONS 
 
 named in the annexed duplicate of school tax 
 of said district, the sum wherewith such person 
 
 stands charged ; and pay the'same to E 
 
 F , treasurer of said school district, and 
 
 his successor in office, on or before the day 
 
 of next, [_six weeks from the date of the 
 
 warrant,'] at which time abatement or allow- 
 ance for mistakes or indigent persons, or un- 
 seated lands, will be made by the board of 
 school directors, as may appear just and rea- 
 sonable ; and on or before the day of 
 
 next, [three months from date,] you will pay 
 into the hands of the said treasurer, the whole 
 amount of the taxes charged and assessed in 
 the annexed duplicate, without further delay, 
 except such sum as the said directors may, in 
 their discretion, exonerate you from. And if 
 any person shall neglect or refuse to make pay- 
 ment of^the amount due by him for such tax 
 within thirty days from the time of demand 
 so made, it shall be the duty of you, the col- 
 lector aforesaid, to levy such amount by dis- 
 tress and sale of the goods and chattels of such 
 delinquent, giving ten days' public notice of 
 such sale by written or printed advertisements, 
 and returning the overplus (if any there be) to 
 the owner. And in case goods and chattels 
 
OF PENNSYLVANIA. 229 
 
 sufficient to satisfy the same, with the costs, 
 cannot be found, you are hereby authorized to 
 take the body of such delinquent, and convey 
 him to the jail of the proper county, there to 
 remain until the amount of such tax, together 
 with the costs, shall be paid, or secured to be 
 paid, or until he shall be otherwise discharged 
 by due course of law : Provided^ That nothing 
 herein contained shall authorize the arrest or 
 imprisonment for non-payment of any tax, of 
 any female or infant, or person found by in- 
 quest to be of unsound mind. Hereof fail not. 
 
 Given under my hand and seal, at , 
 
 the day of A. D. 18. .. 
 
 A.... B.... <( L.s. J^ 
 
 Pres't Board Scliool Directors, district. 
 
 Countersigned : 
 
 G...- H.... 
 
 Secretary of the Board. 
 
 5. Form of Certificate to County Commission- 
 ers of non-paymeut of Schffol Tax on un- 
 seated lands. 
 
 To the Commissioners of the county of 
 
 Gentlemen : — I do hereby certify that the 
 following school tax on unseated lands within 
 
 the district of , was regularly assessed 
 
 and set forth in the duplicate of school tax 
 
230 SCHOOL LAWS AND DECISIONS 
 
 for the year 18..., delivered to me for collec- 
 tion by the president of the board of directors 
 thereof, and tliat the same has not been paid 
 to me by the owner thereof. You are there- 
 fore required to cause the same to be collected 
 and paid over, agreeably to the thirty-fourth 
 section of the act, entitled "An Act for the 
 regulation and continuance of a system of edu- 
 cation by common schools," passed May 8, 
 1854, and the eighth section of the supplement 
 thereto, passed April 11, 1862, viz: 
 
 Upon the land of A. B |iOO 00 
 
 Do CD 00 00 
 
 OOP 00 
 
 E F 
 
 Collector of. school district, 
 
 county. 
 
 ... ..., August. . ., A. D. 18. . - 
 
 This certificate must be delivered to the 
 
 county commissioners previous to the first of 
 
 January. See No. XCIV. 
 
 6. Form of Certificate of unpaid balance by 
 
 Collector^ to be filed in the Prothonotary^s 
 
 office. 
 
 To the Prothonotary of the court of Common Pleas of 
 the county of 
 
 I hereby certify, that school tax for the cur- 
 
OF PENNSYLVANIA. 231 
 
 rent school year, iu the district of , in said 
 
 county, to the amount of linserl the amount in, 
 words'] is due and unpaid by . - scliool tax col- 
 lector of said district, at the date hereof, which 
 
 you are required to enter against said and 
 
 . and - - , who are his- sureties, in accord- 
 ance with the provisions of the thirteenth sec- 
 tion of the act, entitled "A farther supplement 
 to the act, entitled 'An Act for the regulation 
 and continuance of a system of education hy 
 common schools,' " &c., approved April 11, 
 1862. 
 
 Dated this day of , A. D. one thou- 
 sand eight hundred and 
 
 A B , 
 
 President Board School Directors said district. 
 
 Attest:— C D , 
 
 Secretary. 
 
 T. Form of Bond of District Treasurer. 
 
 Know all men b^^ these presents, that we, 
 
 C... D, E....F....and G H....,of 
 
 , in county, Pennsylvania, are held and 
 
 firmly bound to A B , president of the 
 
 board of school directors of school district, 
 
 in county, for the use of said school district, 
 
 in the sum of \Jiere insert double the amount of 
 the sum that will prob ably come into the hands 
 
232 SCHOOL LAWS AND DECISIONS 
 
 of the treasurer for one year, for school pur- 
 .poses^ dollars, lawful money, to be paid to the 
 
 said school district ; to which payment well 
 
 and truly to be made and done, we bind our- 
 selves, jointly and severally, our heirs, execu- 
 tors and administrators, and every of them, 
 firmly by these presents. Sealed with our 
 
 seals. Dated the day of , in the year of 
 
 our Lord one thousand eight hundred and 
 
 Whereas, the said C D has been 
 
 duly chosen treasurer of the said school dis- 
 trict, for and during the term of one year from 
 the date hereof. The condition of this obliga- 
 tion is such, that if the said C D shall 
 
 and do well and faithfully perform all the acts 
 and duties lawfully pertaining to his office as 
 district treasurer aforesaid, according to the 
 terms of the school law, approA^ed the 8th day 
 of May, A. D. 1854, and the supplements 
 thereto, then this obligation to be void ; else 
 to be and remainjn full force and virtue. 
 
 J c... D..-.^ L.s. y 
 
 E F ^ L.s. ;. 
 
 Q....K....{L.s.y 
 Sealed and delivered in ) 
 presence of I 
 
 . L.... M.... [ 
 
 N.... 0. 
 
OP PENNSYLVANIA. 233 
 
 8. Form of Order on District Treasurer. 
 August...., A. D. 18... 
 
 To the Treasurer of school district, 
 
 ' county: 
 
 Sir : — Pay to E. F., or order, dollars 
 
 and cents, being one quarterns salary due 
 
 him as teacher up to , [_or on account of 
 
 salary^ or for fuel furnished to school 
 
 house, or for rent for school house,) &c., as the 
 case maybe ;] for which this will be your suffi- 
 cient voucher on settlement of your accounts. 
 
 By order of the board of directors. 
 
 Countersigned : A B , 
 
 C D , President. 
 
 Secretary. 
 9. Form of Agreement between Directors and 
 Teachers. 
 
 It is agreed by and between , 
 
 teacher, and the board of directors of 
 
 school district, in county, that said 
 
 teacher shall, under the supervision and exclu- 
 sive direction of said board and their succes- 
 sors, but subject, nevertheless, to the visita- 
 tion and lawful authority of the county super- 
 intendent, teach in school house for the 
 
 term of months, at a compensation of 
 
234 SCHOOL LAWS AND DECISIONS 
 
 per month, to be paid ; re- 
 serving the right to the board of directors for 
 the time being, to dismiss the said teacher at 
 any time whatever, for any of the causes spe- 
 cified in the twenty-third section o'f the act of 
 May 8, 1854, entitled "An Act for the regula- 
 tion and continuance of a system of education 
 by common schools." 
 
 It is further agreed that said teacher will 
 attend the institute, when one is established 
 by the board of directors, and so report on the 
 monthly report book, or forfeit one day's wages 
 for each day's absence 'without a sufficient ex- 
 cuse, which shall be accepted by a majority of 
 the board ; and shall keep the book of monthly 
 reports, *and return the same at the end of the 
 term, in good order, subject to a fine, at the 
 discretion of the board, of not more than five 
 dollars for the loss or abuse thereof. 
 
 It is also agreed, that the fire shall be made 
 or caused to be made, and the floor be regu- 
 larly swept or caused to be swept, in said 
 
 house, during said term by the said * , 
 
 the said board providing the fuel and brushes 
 
 * Here insert the word ' 'teacher, " or the word ' 'board, " 
 according to the understanding between the parties on 
 this point. 
 
OF PENNSYLVANIA. 235 
 
 therefor ; and that the actual possession of the 
 school house and premises before mentioned, 
 shall remain and be considered by all parties 
 as remaining and being, at all times, in said 
 board of directors and their successors. 
 
 In witness whereof, the parties have here- 
 unto set their hands and seals .... day of .... , 
 
 A. D. 18 
 
 A B , ^ L.s. y 
 
 Pres't of Board of Directors. 
 
 C D , { L.s. } ' ' 
 
 Teacher. 
 Countersigned : 
 
 E F , 
 
 Sec^y of Board. 
 
 10. Form of Report of Secretary to County 
 Superintendent. 
 
 [To be forwarded as soon as teachers are employed, us per 
 school law, section XXXVIII, page 35.] 
 
 , Pa., II 
 
 To A B , 
 
 County Sujjerintendent of county : 
 
 Sir: — The board of directors of dis- 
 trict have appointed the following teachers, 
 for the .... months' term, commencing on the 
 day of , 18... 
 
 The first meeting of the district institute will 
 be held on Saturda}^, the day of , 
 
236 SCHOOL LAWS AND DECISIONS 
 
 187 - ., and will continue to meet on alternate 
 Saturdays thereafter. 
 
 A B ., 
 
 President. 
 
 C D , 
 
 Secretary. 
 
 Name of Teacher. 
 
 Name of School. 
 
 No. 
 
 Salary 
 per nao. 
 
 11. Affidavit omd Certificate, 
 Form No. 1. 
 
 To 
 
 County Superintendent of county : 
 
 Sir : — I, president of the board of 
 
 school directors of school district, 
 
 county, do hereby * that the 
 
 common schools of said district have been kept 
 open and in operation according to the require- 
 ments of the school law, for the term of. ... . f 
 months during the school year ending on the 
 first Monday in June, 18. . . ; that no teacher 
 has been employed for, or had charge of, any 
 of the schools of said district during the 3^ear 
 specified, who had not at the time a valid certi- 
 ficate from the county superintendent. 
 
 *Insert "^S'wear" or ^^ Affirm,'^ as the case may be. 
 f Insert the whole number of months, 4, 5, 6, 7, 8, 
 9, 10, as the case may be. 
 
OF PENNSYLVANIA. 237 
 
 I also certify that the accounts of the dis- 
 trict treasurer for said year have been settled 
 acording to law. 
 
 President. 
 
 Countersigned : 
 
 Secretary. 
 
 County^ ss : 
 
 .... and subscribed by the above named presi- 
 dent as aforesaid, the .... day of . . . . A. D« 
 18. . ., before me. 
 
 Justice of the Peace. 
 
 Form No. 2. 
 
 To 
 
 County Superintendent of county : 
 
 Sir : — I, president of the board of 
 
 school directors of district, 
 
 county, do hereby certify that , whose 
 
 post office address is in county, 
 
 has been appointed treasurer of said district 
 for the school year commencing June 18. . ., 
 and that the treasurer and collector of tax 
 have duly given bond, with surety, for the per- 
 formance of their respective duties. 
 
 President. 
 
 Countersigned : 
 
 Secretary. 
 
238 SCHOOL LAWS AND DECISIONS 
 
 Directions. 
 
 1. Write the treasurer's name and P. 0. 
 address distinctl3\ 
 
 2. Form No. 1 must be executed before a 
 justice of the peace. This should be done by 
 the old officers, as soon as the schools have 
 closed and the accounts for the year settled. 
 
 3. This certificate, when form No. 1 is 
 properly executed, and the district report, when 
 finished, should be handed to the new officers 
 as soon as the board is organized. 
 
 4. When form No. 2 has been properly filled 
 and signed by the new officers, both certifi- 
 cate and report are to be forwarded to the 
 county superintendent. 
 
 5. If the old officers should neglect to execute 
 form No 1, it will be legal for the new officers 
 to do so, if they know the law has been com- 
 plied with. 
 
 12. Fojnn of Annual Statement of District Ac- 
 counts. 
 
 COMMON SCHOOL DISTRICT. 
 
 Receipts and Expenditures for 18. .. 
 Tax rate, . . mills on the dollar of valuation. 
 
OF PENNSYLVANIA. 239 
 
 ReceApts. 
 
 Gross amount of tax duplijate, % 
 
 Deduct exonerations ^ 
 
 '< Collector's commissions 
 
 Net amount of tax received 
 
 Add State appropriation received — . 
 
 " balance on hand from last year 
 
 * ' amount from adj oining districts for tuition , 
 
 Total of receipts. 
 
 Expenditures. 
 
 Paid to— Teachers |— per month each, for 
 
 —months f 
 
 *' for fuel and contingencies 
 
 *' to adjoining districts for tuition 
 
 *' to treasurer, percentage 
 
 " to secretary, for services 
 
 Total expenditures 
 
 Balance on hand ^ 
 
 A B , 
 
 Attest : President. 
 
 C D , 
 
 Secretary. 
 If there is an amount of tax not collected, or 
 any other amount due to the district, it is to 
 be stated as " amount of ... . yet due," at the 
 foot of receipts, and so carried out ; and if 
 there is an amount of debt due by the district, 
 it is to be stated as "amount yet due for ... . ," 
 
240 SCHOOL LAWS AND DECISIONS 
 
 and so carried out at the foot of expenditures ; 
 in order, in both cases, to balance the account 
 in accordance with the facts. 
 
 If there was a building tax and a house or 
 houses erected during the year, the amount 
 of the building tax, and of the portion of it 
 expended in the j^ear for this purpose, is to be 
 stated in the same way, with the balance on 
 hand, or the debt for this purpose, if anj', un- 
 der the proper heads " Receipts," and " Ex- 
 penditures for Building," as in the case of or- 
 dinarj^ school tax and expenditure. 
 
 13. Form of Notice for Convention of School 
 Directors to elect County Superintendent. 
 
 To the School Directors of county: 
 
 Gentlemen: — In pursuance of the forty- 
 third section of the act of 8th May, 1854, you 
 are hereby notified to meet in convention, at 
 the court house, in . . . . , on the first Tuesday 
 
 in May, A. D. 18 . . , being the day of the 
 
 month, at 1 o'clock in the afternoon, and se- 
 lect, inva voce, bj^ a majority of the whole num- 
 ber of directors present, one person of literary 
 and scientific acquirements, and of skill and 
 experience in the art of teaching, as county 
 superintendent, for the three succeeding years ; 
 
OF PENNSYLVANIA. 241 
 
 determine the amount of compensation for the 
 same ; and certify the result to the State Su- 
 perintendent, at Harrisburg, as required by the 
 thirty-ninth and fortieth sections of said act. 
 
 A B 
 
 County Superintendent of. county. 
 
 , July.. 18.. 
 
 , April . ., 18 
 
 To the Publisher of the 
 
 Sir : — You will please publish the above no- 
 tice in the , once a week for three suc- 
 cessive weeks immediately preceding the first 
 Tuesday of May next ; and when completed 
 present your bill, receipted, with a copy of the 
 notice, to the undersigned for payment. You 
 tite, also requested to mail to the State Super- 
 intendent, at Harrisburg, a copy of 3^our paj^er, 
 containing the first insertion of the notice. 
 
 A B 
 
 County Superintendent of. county. 
 
 This notice is to be inserted three successive 
 weeks, in not more than two newspapers of the 
 proper county if so many there be ; but if 
 none are published in the county, then by 
 printed notices sent by mail, to the secretary 
 16 
 
242 SCHOOL LAWS AND DECISIONS 
 
 of the board of directors of each school dis- 
 trict in the county. 
 
 14. Form of Certificate of the Election of 
 County Superintendent. 
 
 To 
 
 Superintendent of Common Schools : 
 Sir : — The undersigned, president and sec- 
 retary of the convention of school directors of 
 
 , convened according to law, on , 
 
 the day of , 18 . . , do hereby cer- 
 tify that , whose address is , was 
 
 elected, viva voce, by a majority of the whole 
 number of directors present, as super- 
 intendent until the first Tuesday in May, one 
 thousand eight hundred and seventy-two, and 
 that the evidence of competency to fulfill the 
 duties of the office presented to the convention 
 
 by the said , was such as is required by 
 
 law, consisting of 
 
 They further certify that the amount of com- 
 pensation for said superintendent was fixed by 
 
 said convention at the sum of dollars 
 
 ($....) per annum, and that the whole num- 
 ber of directors present was , of whom 
 
 .... voted for the said , and that , 
 
 whose address is , received .... votes. 
 
OP PENNSYLVANIA. 243 
 
 and , whose address is , received 
 
 .... votes. 
 
 Dated at , this ..... day of , 
 
 A. D. 18t . 
 
 , President. 
 
 , Secretary. 
 
 15. Form of Commission of County Superin- 
 tendent. 
 
 Department op Common Schools. 
 The Commonwealth of Pennsylvania : 
 
 To , Esquire, of the county of 
 
 By authority of the act of Assembly, entitled 
 "An Act for the regulation and continuance of 
 a system of education by common schools," ap- 
 /proved the eighth of May, A. D. one thousand 
 eight hundred and fifty-four, I do hereby ap- 
 point and commission you to be County Super- 
 intendent of Common Schools, in and for said 
 
 county of , from day of . . . . , 18 ... , 
 
 till the first Monday in June, one thousand 
 eight hundred and 
 
 To have and to hold the said office, with all 
 the rights, powers and emoluments thereunto 
 belonging, or in anywise appertaining, during 
 the full term aforesaid, if you shall so long be- 
 
244 SCHOOL LAWS AND DECISIONS 
 
 have yourself well, and faithfully perform the 
 duties thereof, according to law. 
 
 Given under my hand and the seal of the 
 Department of Common Schools, at Harris- 
 burg, this day of , in the year of our 
 
 Lord one thousand eight hundred and sixty. . . 
 { L.S. ;. A B 
 
 Sup't Common ScJiools. 
 
 16. Form of Oath of office of County Super- 
 intendent. 
 
 I, A . . . . B , do swear, (or solemnly, sin- 
 cerely and truly declare and affirm,) that I will 
 support the Constitution of the United States 
 and the Constitution of the Commonwealth of 
 Pennsylvania ; and that I will perform all the 
 duties of the office of superintendent of com- 
 mon schools of county, honestly, imparti- 
 ally, diligently and according to law, to the 
 best of my skill and ability, during my term of 
 office. 
 
 (Signed) A B.... 
 
 Sworn (or affirmed) and subscribed ^ 
 
 before me , judge of the court of j 
 
 common pleas of said county, (or Su- I 
 perintendent of Common Schools, as [ 
 
 the case may be,) the day of . . . . 
 
 18... 
 
OP PENNSYLVANIA. 245 
 
 17. Form of call of County Convention of Di- 
 rectors^ to increase salary of County Super- 
 intendent. 
 
 Department of Common Schools,) 
 Harrishurg^ ) 
 
 To the School Directors of county : 
 
 Gentlemen : — Application having been made 
 by the boards of directors of a majority of the 
 school districts in said county, stating their 
 desire to increase the salary of the county su- 
 perintendent thereof, you are respectfully re- 
 quested to meet in convention at the court 
 
 house in , on the day of 
 
 , 18 . . . , at . . . o'clock in the afternoon, 
 
 for the purpose above stated, according to the 
 /terms of the eighth section of the supplement 
 to the school law, approved the 8th day of 
 May, 1855. 
 
 A B , 
 
 Sup't Common Schools. 
 
 This notice is to be published three succes- 
 sive weeks, in two newspapers of the proper 
 county. 
 
246 
 
 SCHOOL LAWS AND DECISIONS 
 
 18. Form of Reioort of District Institute. 
 
 Montldy Report of District Institute, 
 
 county. 
 
 SATURDAY, , 187... 
 
 
 ATTENDANCE. 
 
 
 NAMES 
 
 ^ 
 
 >> 
 
 H 
 
 ASSIGNED DUTIES 
 
 
 O 
 
 Hh 
 
 <i 
 
 
 OF 
 
 
 05 
 
 CD 
 
 AND 
 
 MEMBERS. 
 
 G 
 O 
 
 o 
 
 p 
 
 CfQ 
 
 RECITATIONS. 
 
 ^ 
 
 
 
 
 
 Remarks : 
 
 A B , Secretary. 
 
 Note. — In filling up the columns, the names 
 of the regular members (that is, teachers of the 
 district or districts composing the institute) are 
 to be written in the first column. 
 
 In the columns headed "attendance," pr. 
 will indicate presence, and ah. absence, in the 
 forenoon and afternoon, and also in the even- 
 ing, when evening sessions are held. 
 
 The assigned duties of each member are to 
 
OP PENNSYLVANIA. ^247 
 
 be indicated in the proper column by writing 
 opposite his or her name, "Lectures on Gram.," 
 "Drilled class in Geo.," "Recited in Arith., 
 Orthog., Read.," &c., &c., as the case may be. 
 If evening sessions are held, the exercises 
 may be indicated by prefixing the word even- 
 ing, thus: "Ev. Lecture on Geo.," "Ev. Lec- 
 ture on Parental Co-operation," &c., &c. 
 
 19. Form of Petition to create an Independent 
 District. 
 
 To the Judges of the Court of Quarter 
 
 Sessions of county: 
 
 The undersigned, taxable inhabitants of. . . 
 school district, in said county, desire the for- 
 mation of the territory upon which they re- 
 side, into a separate and independent school 
 district, with the following bounds, to wit : . . 
 
 They therefore pray the appointment of com- 
 missioners to view the premises, and report to 
 the court, at its next term, the bounds of the 
 proposed new district, either according to the 
 bounds set forth in this petition, or to such 
 other bounds as they shall think more advisable, 
 together with their opinion on the expedienc}^ 
 of establishing or not establishing the same, in 
 pursuance of the terms of the supplement to 
 
248 SCHOOL LAWS AND DECISIONS 
 
 the school law, approved May 8, 1855, and of 
 the further supplement thereto, approved April 
 11, 1862. (Signed by not less than twenty 
 taxable inhabitants of the proposed new dis- 
 trict.) 
 
 Note. — If the proposed independent district 
 is to be out of parts of more than one township, 
 the names of all the townships must be insert- 
 ed in the petition. But no court can form an 
 independent district out of parts of townships 
 in different counties. Application in this case 
 is to be made to the Legislature. In the pub- 
 lic notice of the time and place of the meeting 
 of the commissioners to establish a new inde- 
 pendent district, the bounds of the proposed 
 new district, as set forth in the petition, should 
 be stated ; so that all interested may have no- 
 tice of the nature of the application, and be 
 prepared to approve or oppose it understand- 
 ingly. 
 
 20. Fo7'm of Application for Permanent Cer- 
 tificate. 
 No. 1. 
 
 ,187 
 
 To , 
 
 Superintendent of Common Schools: 
 Sir : — At a meeting of the board of school 
 
OP PENNSYLVANIA. 249 
 
 directors of .... school district, .... county, 
 State of Pennsylvania, the following resolu- 
 tions were adopted : 
 
 Resolved^ That . . . . , whose address is .... 
 P. 0., .... county, Pa., having taught a com- 
 mon school in this district for annual 
 
 school term . . , w^e take pleasure in saying, that 
 we consider him well qualified as a teacher, 
 morally, intellectually and professionally. 
 
 Resolved^ That we recommend the State Su- 
 perintendent of Common Schools to grant the 
 above named .... a permanent certificate. 
 
 \^j order of the bc/ard of directors. 
 
 , President 
 
 Attest : 
 
 , Secretary. 
 
 No. 2. 
 , 18t 
 
 At a meeting of the board of school direc- 
 tors of school district, .... count}^, State 
 
 of Pennsylvania, it was 
 
 Resolved^ That .... having taught a com- 
 mon school in this district for annual 
 
 school^ term . . , we cordially unite in the re- 
 
250 SCHOOL LAWS AND DECISIONS 
 
 commendation expressed in the preceding reso- 
 lutions. 
 
 By order of the board. 
 
 , Presideiit, 
 
 Attest : 
 
 , Secretary. 
 
 No. 3. 
 
 , 18Y 
 
 At a meeting of the board of school direc- 
 tors of ... . school district, .... county, State 
 of Pennsylvania, it was 
 
 Resolved^ That having taught a com- 
 mon school in this district for annual 
 
 school term . . . , we cordially unite in the re- 
 commendation expressed in the preceding reso- 
 lutions. 
 
 By order of the board of directors. 
 
 , President. 
 
 Attest : 
 
 , Secretary. 
 
 These forms, when filled up and properly 
 signed, must be approved by the county su- 
 perintendent and the committee on teachers' 
 certificates, as follows : 
 
 , 181 
 
 Knowing to have taught a common 
 
 school the three annual school terms imme- 
 
OF PENNSYLVANIA. 251 
 
 diately preceding the date of this application, 
 and knowing him also to hold a valid profes- 
 sional certificate, and to possess skill and ex- 
 perience as a teacher, and believing him to be 
 entirely worthy, I concur in the foregoing re- 
 commendation. 
 
 ? 
 
 Siqft of Schools of comity. 
 
 , 187 
 
 After a careful investigation of the merits 
 of the case, we entirely approve the foregoing 
 recommendations, and trust the application 
 may be granted. 
 
 Committee on Teachers' Certificates for county. 
 
 Directions in Applying for Permanent Cer- 
 tificates. 
 1. Any teacher holding a professional certifi- 
 cate, and desiring to apply to the State Super- 
 intendent for a permanent certificate, should 
 procure from the county superintendent, and 
 fill up the necessary blanks, and present them 
 to the proper authorities for their action and 
 
252 SCHOOL LAWS AND DECISIONS 
 
 signatures. They should be presented first to 
 the board or boards of directors, next to the 
 county superintendent, and afterwards to the 
 committee on teachers' certificates. 
 
 2. If the applicant has taught for one board 
 the three annual school terms required by law, 
 blank No. 1 should be filled up with the word 
 three^ and " term " be made to /ead terms; if 
 he has taught for one board two terms, and 
 for another one term, blank Nos. 1 and 2 should 
 be filled up accordingly ; and the three forms 
 above given are designed to be filled up only 
 when the applicant has taught for three diff'er- 
 ent boards. 
 
 3. Resolutions recommending a candidate 
 for a permanent certificate, must always receive 
 the votes of four members of a board of direc- 
 tors before they can be adopted. 
 
 4. County superintendents and committees 
 on teachers' certificates, should exercise great 
 care in approving recommendations for per- 
 manent certificates. Merit alone should be the 
 test of qualifications, and applicants should 
 have taught at least one year with a profes- 
 sional certificate. 
 
 5. None but teachers holding the highest 
 grades of certificates are eligible as members 
 
OP PENNSYLVANIA. 253 
 
 of the committee on teachers' certificates. — 
 Whenever there are five teachers who are mem- 
 bers of the institute of any county, and actually 
 eno^aged in teaching, and who hold permanent 
 certificates or diplomas from State Normal* 
 schools, the committee must be wholly con- 
 stituted of that class of teachers ; if there are 
 more than fi\ • five must be chosen from among 
 them, and if there are less than five, all there 
 are must be elected members of the committee. 
 Teachers holding professional certificates are 
 eligible to membership on the committee in the 
 absence of teachers possessing higher grades 
 of certificates. 
 
 6. The law does not permit the granting of 
 permanent certificates to teachers of private 
 schools. 
 
 t. A valid professional certificate should be 
 sent to the State Superintendent with the ap- 
 plication. 
 
 21. Application for State Normal Diploma. 
 No. 1. 
 
 187 
 
 At a meeting of the board of school directors 
 
 of school district, county. State 
 
 of Pennsylvania, the following resolutions were 
 adopted : 
 
254 SCHOOL LAWS AND DECISIONS 
 
 Resolved^ That whose address is . . . 
 
 .... P. 0., county, Pennsylvania, hav- 
 ing taught a common school in this district for 
 
 annual school term . . , since was 
 
 . graduated by the State Normal school located 
 
 at , county of , we take pleasure 
 
 in saying, that we consider well quali- 
 fied as a teacher, morally, intellectually and 
 professionally. 
 
 Resolved^ That we recommend the board of 
 examiners and the faculty of the above named 
 
 Normal school, to grant said a State 
 
 Normal, diploma. 
 
 By order of the Board of Directors. 
 
 President. 
 
 Attest : 
 
 Secretary. 
 
 No. 2. * 
 
 18t 
 
 At a meeting of the board of school direc- 
 tors of school district, countj'-, 
 
 State of Pennsylvania, it was 
 
 Resolved^ That having taught a com- 
 mon school in this district for annual 
 
 *If the applicant has taught two terms for one 
 hoard it is not necessary to \ise this form. 
 
OP PENNSYLVANIA. 255 
 
 school term . . , since graduation at the 
 
 Normal school above named, we cordially unite 
 in the recommendation expressed in the pre- 
 ceding resolutions. 
 
 By order of the Board. 
 
 ; President, 
 
 A ttest : 
 
 Secretary. 
 
 18t 
 
 Knowing to be a successful teacher, 
 
 and a person of good moral character, I heartily 
 concur in the foregoing recommendation. 
 
 Supt. of schools of county. 
 
 22. Forms of Application for the Allowances 
 made by the State to Pupils preparing to 
 teach ^ at the State Normal Schools. 
 
 I. FORM OF APPLICATION FOR UNDER-GRADUATES. 
 
 STATE NORMAL SCHOOL OF THE DIST., 
 
 ,187 
 
 We, the undersigned students of the State 
 
 Normal school of the district, hereby 
 
 declare, that it is our object in attending this 
 institution to prepare ourselves for the duties 
 
256 
 
 SCHOOL LAWS AND DECISIONS 
 
 of teachers, and that it is our intention to 
 teach in the common schools of Pennsjdvania. 
 
 02 
 
 > 
 
 > 
 
 Q q' 
 
 u 
 
 O 
 
 
 >- 
 
 ignatu] 
 
 'p 
 
 1 
 
 
 1 
 
 a 
 
 1 
 
 S, 
 
 1 
 
 
 
 
 
 1. 
 eg 
 
 1 
 
 cp 
 
 ■ 
 
 r 
 
 
 
 
 1 1 
 
 1 i 
 
 
 
 
 
 , 181 
 
 To J. P. WiCKERSHAM, 
 
 Superintendent of Gonimon Schools : 
 
 Sir : — The above is a list of the students in 
 
 this institution during the term ending , 
 
 187 . ., who have signed the declaration of in- 
 tention to become teachers in the common 
 schools of Pennsylvania, as required by law, 
 together with the age of each, his address, 
 class, date of entering, date of leaving, num- 
 ber of weeks of attendance, and the amount 
 
OF PENNSYLVANIA. 257 
 
 due him ; a*id I hereby further state, that each 
 person named in said list has attended this in- 
 stitution consecutively, for the number of 
 weeks for which the allowance is asked ; that 
 he ha% received regular instruction in the 
 science and art of teaching in a special class 
 devoted to that object, foi" the whole time ; 
 that the price of boarding and tuition has been 
 approved by the Superintendent of Common 
 Schools, and is the same for all students pur- 
 siunor similar studies ; that the whole amount 
 asked as an allowance to each student has been 
 deducted from his expenses ; that the condi- 
 tions and requirements of the law have in all 
 respects been fully complied with ; and that 
 the allowances set opposite each name are sev- 
 erally due as indicated in the list, according 
 to the sixteenth section of the general appro- 
 priation act, approved on the eleventh day of 
 April, one thousand eight hundred and sixty- 
 six. 
 
 , Principal, 
 
 county^ ss : 
 
 Personally appeared before me the above 
 
 named , principal of the State Normal 
 
 school of the district, and being duly 
 
 , says, that the above statement is cor- 
 
 n 
 
258 SCHOOL i.AWS AND DECISIONS 
 
 rect according to the best of his knowledge 
 and belief. 
 
 ,j-p- 
 
 I hereby certify that the statement of facts 
 above given is correct to the best of myjcnow- 
 
 ledge, and that is treasurer of the board 
 
 of trustees of the State Normal school of this 
 district. 
 
 President Board of Trustees. 
 II. FORM OF APPLICATION FOR GRADUATES. 
 
 STATE NORMAL SCHOOL OF THE. . . . DIST., 
 
 We, the undersigned graduates of the State 
 
 Normal school of the district, hereby 
 
 agree in good faith to teach two full years in 
 the common schools of the State of Pennsyl- 
 vania, unless prevented by sickness or other 
 unavoidable circumstances. 
 
 Signatures. Age. 
 
 Amount Due. 
 
 ,187 
 
 To J. p. WiCKERSHAM, 
 
 Superintendent of Common Schools : 
 Sir : — The above is a list of the graduates 
 
OF PENNSYLVANIA. 259 
 
 of this institution for the year commencing on 
 the first Moncla}'' of June, 187.., who have 
 signed the pledge to teach two full 3"ears in 
 the common schools of the State, as required 
 by law, together with the age and address of 
 each, and the amount due him ; and I hereby 
 further state, that each person named in said 
 list, has attended this institution at least one 
 term of twelve consecutive weeks ; that the 
 price of boarding and tuition has been approved 
 by the Superintendent of Common Schools, 
 and is the same for all students pursuing similar 
 studies ; that the full amount due each student 
 has been deducted from his regular expenses ; 
 and that all the conditions and requirements 
 of the general appropriation act, approved on 
 the eleventh day of April, one thousand eight 
 hundred and sixty- six, have been complied 
 with. 
 
 , Principal. 
 
 county, ss : 
 
 Personally appeared before me, the above 
 
 named , principal of the State Normal 
 
 school of the district, and being duly , 
 
 says, that the above statement is true to the 
 best of his knowledge and belief. 
 
 ,jp. 
 
260 SCHOOL LAWS AND DECISIONS. 
 
 I hereby certify, that the statement of facts 
 ahove given is correct to the best of my know- 
 ledge, and that is treasurer of the board 
 
 of trustees of the State Normal school of this 
 district. 
 
 President Board of Trustees. 
 
INDEX. 
 
 ACADEMIES. 
 
 To report, p. 196, s. clvii. 
 
 Real estate transferable to school district, p. 196, 
 s. clviii, p. 197, d. 349. 
 
 ACCOUNTS. 
 
 Treasurers, how settled with directors, p. 39, s. 
 Ix, p. 125, d. 254, 255, p. 126, d. 257, p. 38, d. 62. 
 Treasurers, how settled with auditors, p. 124, s. 
 civ, p. 126, d. 256, p. 127, d. 258, 259, p. 39, d. 63, 
 ,64. 
 Publication of, p. 79, s. Ixii, p. 80, d. 176, 177, 178. 
 
 APPARATUS. 
 
 P. 73, d. 169, p. 74, d. 160, 161, 162. 
 APPROPRIATION, STATE. 
 
 Basis of distribution, p. 131, s. cxiii. 
 
 How obtained when not furnished by commis- 
 sioners, p. 131, s. cxiv. 
 
 When error has been made in number of tax- 
 . ables, p. 132, s. cxv. 
 
 When and how paid, p. 83. s. Ixv, p. 88, d. 191, 
 p. 84, d. 186. 
 
 How forfeited, p. 144, s. cxxviii, p. 146, d. 283, 
 284, 285, p. 83, d. 185. 
 
 ASSESSORS. 
 
 To make special assessment, p. 95, s. Ixxv, p. 96, 
 
 d. 210, 211. 
 Duty of independent districts, p. 97, s. Ixxvii. 
 Penalty for neglect of duty, p. 97, s. Ixxviii. 
 
262 INDEX. 
 
 AUDITORS. 
 
 When to meet, p. 125, s. cv. 
 To file reports, p. 125, s. cvi. 
 Pay of, p. 125, s. cvii, p. 127, d. 260. 
 BOOKS. 
 
 Annual selection of, p. 71, s. Ivii. p. 72, d. 152, 
 
 153, 154, 155. 
 Requires affirmative vote of a majority of board, 
 
 p. 44, s. Ixv. 
 Scriptures a text-book, p. 73, d. 156. 
 Sectarian books excluded, p. 73, d. 157. 
 Maps, slates and copy books, p. 73, d. 158. 
 Directors not to furnish supplies of, p. 75, s. lix, 
 
 d. 163, 164. 
 School officers not to be agents for sale of. p. 74, 
 
 s. Iviii, p. 76, d. 165, 166. p. 147, d. 288. 
 To be provided by parents, p. 70, d. 147. 
 Indigent children to be furnished, p. 70, d. 148. 
 BRANCHES. 
 
 P. 160, s. cxxxviii, p. 146, d. 281, d. 286. 
 CERTIFICATES OF TEACHERS. 
 
 Provisional, professional and permanent, p. 151, 
 s. cxxxii, p. 161, s. cxxxix, p. 163, d. 316. 
 
 CERTIFICATE, STATE. 
 
 P. ]92. s. cliii, n. 193, d. 344, p. 194, d. 345, 346, 
 347, 348. 
 
 CITY AND BOROUGH SUPERINTENDENTS. 
 
 P. 169, 170, 171, 172, 173. 
 COLLECTORS. 
 
 Appointment, duties and compensation of, p. 
 
 Ill, s. xc, p. 120, d. 246, p. 121, d. 217, p. Ill, d. 
 
 229. 
 To give bonds, p. 114, s. xci, d. 231. 
 Treasurer or constables to serve in certain cases, 
 
 p. 112, s. xc. 
 
INDEX. 263 
 
 COLLECT ORS—Co7itinued. 
 
 Penaltv for refasing to serve, p. 112, s. xc, p. 115, 
 d. 232. 
 
 Bond of constable acting as collector, p. 115, d. 
 233. 
 
 Collector of county tax to give extra bonds, p. 
 116, d. 235. 
 
 Can appoint a deputy, p. 116, s. xcii, p. 117, d. 238. 
 
 Death of collector, p. 116, d. 236, 237. 
 
 To certify unseated lands to eounty commission- 
 ers, p. 117, s. xciii. 
 
 To make returns on unseated lands before first 
 of January, p. 117, s. xciv, p. 118, d. 239. 
 
 To levy by distress and sale unpaid tax, p. 118, 
 s. xcv. 
 
 To collect tax from personal property on real 
 estate, p. 119, s. xovi. 
 
 To return real estate if there is no personal 
 property, p. 119. s. xcvii. 
 
 No exemption from levy and sale for taxes due, 
 p. 120, d. 240. 
 
 Can demand taxes from citizens of other dis- 
 tricts, p. 120, d. 211. 
 
 Penalty for not making payment, p. 120, d. 242. 
 
 To pay in legal currency, p. 120, d. 243. 
 
 Cannot settle claims against directors, p. 120, d. 
 244. 
 
 Cannot purchase orders, p. 120, d. 245. 
 
 Disputes with board, how settled, p. 121, d. 248. 
 
 Warrants, for what time effectual, p. 121, s. xcviii, 
 d. 251. 
 
 No exemption against defaulting, p. 121, d. 250. 
 
 Proceedings against, p. 121, d. 249. 
 
 To pay treasurer money received within six 
 weeks of date of warrant, p. 122. s. xcix. 
 
 To pay treasurer whole amount charged within 
 three months, p. 122, s. c. 
 
264 INDEX. 
 
 CO'LJj^CTO'RS— Continued. 
 
 Amount unpaid to be entered as judgment, p. 
 
 122, s. ci, p. 123, d. 252. 
 
 Taxes unpaid after two years, how collected, p. 
 
 123, d. 253. 
 
 Cannot bring suit for taxes before expiration of 
 
 warrant, p. 123, s. cii. 
 May bring suit after expiration of warrant, p. 
 
 124. 
 
 COLLEGES. 
 
 To report, p. 196, s. civil. 
 CONSTABLES. 
 
 To notify persons elected directors, p. 22, s. 
 xxvi. 
 
 CONTROLLERS. 
 
 Board of, in city or borough, how constituted, 
 p. 2, s. iii, p. 3, d. 2, 3. 
 
 COUNTY COMMISSIONERS. 
 
 To furnish directors copy of last adjusted valua- 
 tion, p. 94, s. Ixxiv, p. 95, d. 207,' 208, 209. 
 
 To furnish certified list of number of taxables, 
 p. 131, s. cxiii. 
 
 In case of neglect of duty, p. 131, d. cxiv. 
 
 Duty in formation of new district, p. 12, s. xv, 
 p. 13, d. 12. 
 
 Penalty for neglect of duty, p. 13, d. 13. 
 
 To make special assessment in new district, p. 
 96, s. Ixxvi. 
 
 Correct mistakes in number of taxables, p. 132, 
 s. cxv, d. 2.36, p. 112, d. 230. 
 
 COUNTY SUPERINTENDENT. 
 'Election of, p. 134, s. cxxi. 
 Advertisement of holding election, p. 134, s. 
 
 cxxii. 
 By whom, how and when elected, p. 134, s. 
 cxxii, p. lo5, s. cxxiii. 
 
INDEX. 265 
 
 COUNT Y SUPEKINTEN DENT— Contmw^'d. 
 
 Acquirements of, p. 135, s. cxxiii, p. 136, s. 
 
 cxxiv, p. 136, 138, d. 267, 26S, 269. 
 Compensation, how fixed and paid, p. 135, s. 
 cxxiii, p. 138, d. 270. 
 
 Certificate of election to be made to State Super- 
 intendent, p. 139, s. cxxv. 
 
 Objections to commissioning, when made and 
 by whom signed, p. 139, s. cxxv, p. 140, d. 271, 
 272, 273, p. 141, d. 274, 275, 276, p. 143, d. 280. 
 
 To take oath of office, p. 141, s. cxxvi,p. 142, d. 277. 
 
 Duties in visiting schools, p. 142, s. cxxvii, d. 
 278, p. 143, d. 279, p. 144, d. 281, s. cxxviii, p. 
 145, d. 282, p. 147, d. 287. 
 
 To inform State Superintendent of incomoetent 
 teachers, p. 144, s. cxxviii, p. 146, d. 283,284, 285. 
 
 Postage, p. 148, d. 289. 
 
 Increase of salary, p. 148, s. cxxix, d. 290, p. 42, 
 d. 72. 
 
 Removal from office, p. 149, d. 292. 
 
 Vacancies, how filled, p. 149, s. cxxx, d. 291. 
 
 To examine teachers publicly, d. 151, s. cxxxii, 
 p. 152, d. 297, 298, 299, p. 154. " 
 
 Special examinations, p. 153, d. 300, 301, 302, 303. 
 
 Annual certificates, p. 151, s. cxxxii, p. 154, d. 
 306, 308, p. 155, d. 309, 310. 
 
 Immoral persons not to be examined, p. 154, d. 304. 
 
 When to issue certificates, p. 154, d. 305. 
 
 To examine assistant teachers, p. 154, d. 307. 
 
 To forward annual report to State Superinten- 
 dent, p. 156, s. cxxxiii, p. 157, d. 314, 315. 
 
 Approve and forward district annual reports 
 and certificates to State Superintendent, p. 
 1.56, s. cxxxiii, d. 311, 312, p. 157, d. 313. 
 
 In Normal school districts to attend the exami- 
 nations, p. 188, d. 343. 
 
 Cannot serve as principal of State Normal school 
 p. 143, d. 280. 
 
266 INDEX. 
 
 CONVEYANCE. 
 
 Directors of wards can execute deeds to control- 
 lers of cities or boroughs, p. 2, s. ill. 
 
 Property held by trustees for school purposes 
 may be conveyed to the district, p. 14, s. xviii. 
 
 Conveyance of real estate by surviving trustees, 
 p. 61, s. lii. 
 
 DIRECTORS. 
 
 Election and term of office, p. 17, s. xxiii, p. 18, 
 
 d. 17, p. 19, d. 18. 
 Election of, in independent districts, p. 19, s. 
 
 xxiv, p. 20, d. 19. 
 Election, how decided in case of tie vote, p. 20, 
 
 s, XXV, p. 21, a. 20. 
 How term d^ermined when vacancies to be 
 
 filled, p. 21, s. XXV, p. 22, d. 21. 
 Returns and contested elections, p. 22, s. xxvi. 
 Vacancies, when filled by board, p. 23, s. xxvii, 
 
 d. 22, p. 24, d. 24, 25. 
 Resignation of, p. 24, d. 23. 
 Exempt from serving in township ofiices, etc., 
 
 p. 25, s. xxviii, d. 26. 
 Exemp tfrom serving as collector, p. 25, s. xxix. 
 Refusal to serve, how remedied, p. 25, s. xxx, 
 
 p. 26, d. 27, 28. 
 Removal from office, p. 26, s. xxxi, p. 27, d. 27, 
 
 p. 46, d. 79. 
 When term of office begins, p. 28, s. xxxiv, p. 
 
 29, d. 32, p. 30, d. 36. 
 When board to organize, p. 28, s. xxxiv, p. 29, 
 
 s. XXXV, d. 31, p. 90, s. Ixxii. 
 Can borrow money for building purposes, p. 60, 
 
 s. li. 
 What officers to be elected, p. 29, s. xxv. 
 Case of failing to organize, p. 29, d. 33. 
 Organization after ten days legal, p. 30, d. 34. 
 Same director not to hold two offices, p. 30, d. 35. 
 
INDEX. 26t 
 
 DIRECTORS— Con^mtted. 
 
 Old board shall call meeting of new, p. 30, d. 36. 
 
 What actions require affirmative votes of a ma- 
 jority of, p. 44, s. Ixv, p. 52, d. 100, p. 67, d. 139. 
 
 Powers and duties of, p. 45, s. xlvi. 
 
 Establish schools, p. 45, s. xlvii, d. 77, p. 46, d. 
 78, p. 46, d. 79. 
 
 Leased lots and trust property, p. 51, d.97, p. 52, 
 d. 98. 
 
 Not bound by vote of citizens, p. 52, d. 101. 
 
 Shall provide school accommodations in adjoin- 
 ing districts, p. 59, s. 1, d. 117, p. 60, d. 118, 119, 
 120. 
 
 Shall visit schools, p. 61, s. liii, d. 121. 
 
 Shall direct what branches to be taught, p. 69, 
 s. ivi, d. 145, p. 70, d. 146. 
 
 Shall pav expenses of schools, p. 78, s. Ixi, d. 171, 
 p. 99, d. 173. 
 
 Contracts in writing, p. 78, d. 172. 
 
 Signing an agreement as individuals not bind- 
 ing, p. 42, d. 72. 
 
 Can emplov agents to provide for schools, p. 79, 
 d. 174. 
 
 Make annual report to County Superintendent, 
 p. 82, s. Ixiv, p. 83, d. 184. 
 
 Certificate and afladavlt, p. 83, s. Ixv. 
 
 DISTRICTS. 
 
 What constitutes a district, p. 1, s. i. 
 Boroughs and townships separated, p. 1, s. ii. 
 Cities and boroughs divided into wards, p. 2, s. 
 
 iii. 
 Districts and bodies corporate, p. 13, s. xvi, p. 
 
 14, s. xvii. 
 Can purchase and sell propert3^ p. 14, d. 14. 
 How suits are brought, p. 15, s. xx. 
 In what courts suits to be brought, p. 16, d. 15. 
 
268 INDEX. 
 
 DISTRICTS— Con^mwed. 
 
 Against whom execution shall issue in judg- 
 ment, p. 16, s. xxi. 
 
 Debts contracted binding on future boards, p. 
 16, d. 16. 
 
 Inhabitants of districts competent as witnesses 
 in school suits, p. 17, s. xxii. 
 
 DISTRICTS, CONSOLIDATED. 
 
 Page 2, s. Hi, p. 3, d. 1, 2, 3. 
 DISTRICTS, INDEPENDENT. 
 How formed, p. 4, s. iv, p. 5, d. 4. 
 When to go into operation, p. 5, s. v, s. vi, p. 6, 
 
 d. 5. 6. 
 Limitation of powers to create, p. 6, s. vii. 
 Rights, powers and duties of, p. 7, d. 7. 
 How abolished, p. 7, s. viii, p. 8, d. 8. 
 DISTRICTS, NON-ACCEPTING. 
 
 P. 27, s. xxxii, p. 28, s. xxxiii, d. 30. 
 DISTRICTS, CHANGES. ■ 
 
 New districts go into operation, p. 8, s. ix. 
 
 Division of property, p. 9, s. x, d. 9. 
 
 Money and debts of old and new districts, p. 10, 
 
 d. 10. 
 Real estate and movable property to pass with 
 
 territory where located, p. 10. s. xi. 
 Courts may annex lands or parts thereof for 
 
 school purposes, p. 11, s. xii, xiii. 
 Duties of clerk of courts in formation of, p. 12, 
 
 s. xiv, d. 11. 
 Duties of clerk of commissioners in formation 
 
 of, p. 12. s. XV, p. 13, d. 12, 13. 
 Adjoining districts, p. 59, s. 1, d. 117, p. 60, d. 118, 
 
 119, 120. 
 
 FINES. 
 
 Intoxication, to go to school funds, p. 87, s. Ixviii, 
 Ixix, p. 88, d. 190. 
 
INDEX. 269 
 
 FORMS. 
 
 Deeds of real estate, p. 223. 
 
 Lease of real estate, p. 225. 
 
 Bond of collector, p. 226. 
 
 Warrant to collector, p. 227. 
 
 Collector's certificate of tax on unseated lands, 
 p. 229. 
 
 Certificate of unpaid balance, p. 230. 
 
 Bond of treasurer, p. 231. 
 
 Order on treasurer, p. 233. 
 
 Agreement by directors and teachers, p. 233. 
 
 Notice to countj' superintendent of employment 
 of teachers, p. 235. 
 
 Affidavit and certificate, p. 236. 
 
 Annual statement of district accounts, p. 238. 
 
 Notice for convention to elect county superin- 
 tendent, p. 240 
 
 Certificate of election of county superintendent, 
 p. 242. 
 
 Commission of county superintendent, p. 243. 
 
 Oath of county superintendent, p. 244. 
 
 Call for convention to increase salary of county 
 superintendent, p. 245. 
 
 Form of report for district institutes, p. 246. 
 
 Petition to create an independent district, p. 
 247. 
 
 Application for permanent certificate, p. 248. 
 
 Application for State Normal diploma, p. 253. 
 
 Application for allowance to pupils at State Nor- 
 mal schools, p. 255. 
 
 HOLIDAYS. 
 
 P. 203, 204. 205. 
 
 HOUSES. # 
 
 To be erected, p. 50, s. xlviii, d. 92, p. 51, d. 93, 
 94, 95, 96. 
 
210 INDEX. 
 
 IIOJJS'ES— Continued. 
 
 Location of, p. 50, d. 92, p. 51, d. 93. 94. 95, p. 52, 
 
 d. 100. 
 Plans for. p. 53, d. 102, 103. 
 Contractors for. p. 53, d. 104, 105. 
 To be j)aid for by the whole district, p. 53, d. 106. 
 Care and control of. p. 51, d. 107. 
 To be used for school purposes only, p. 54. d. 108, 
 
 109. 
 Furniture and fuel to be provided for, p. 56, d. 
 
 112, 113, 114. 
 
 INSTITUTES. 
 
 District, p. 84. s. Ixvi. p. 85, d. 187. 188. p. 86, d. 
 
 189. 
 County, p. 158, s. cxxxiv, cxxxv, p. 160. s. cxxxvi, 
 
 cxxxvii. 
 In Philadelphia, p. 205, s. clix, p. 206. s. clxx, 
 
 clxxi. 
 
 LIBRARIES. DISTRICT AND SCHOOL. 
 How established, p. 198, s. clix. 
 Directors to select and purchase books, p. 198. 
 
 s. clx. 
 To be property of district, p. 199, s. clxi. 
 Who can use the books, p. 199. s. clxii. 
 Directors to make rules and regulations, p. 200, 
 
 s. clxiii. 
 Librarian to be appointed, p. 200, s. clxiv. 
 ' Directors to receive donations, p. 201, s. clx v. 
 Pupils to use books, p. 201, s. clxvi. 
 Legal possession and ownership, p. 202, s. clxvii. 
 Directors mav receive bequests or gifts for. p. 
 
 202, s. clxviii. 
 
 MEETINGS. 
 
 When to be held and business to be transacted, 
 p. 40, s. xlii, p. 41, d. 68, 69, 70, 71, 72, 73, p. 4.3. 
 d. 74, p. 29, d. 31. 
 
INDEX. 271 
 
 MEETINGS— Continued. 
 
 Stated meetings, p. 43, s. xliii, d. 75. 
 Special meetings, how called, p. 44, s. xliv, d. 76. 
 PRESIDENT OF BOARD OF DIRECTORS. 
 
 Duties of, p. 31, s. xxxvi, d. 37, 38, 39, 40, p. 15, 
 
 s. xix. 
 Appointment of pro tern., p. 39, s. xli, p. 40, d. 
 
 67. 
 Refusal to call special meetings, p. 44, s. xliv. 
 
 REPEALING SECTIONS AND SAVING CLAUSES. 
 P. 208, 209, 210. 
 
 REPEALED, SUPPLIED OR OBSOLETE SEC- 
 TIONS. 
 
 P. 212, 213, 214, 215, 216, 217. 
 RULES OP ORDER. 
 
 P. 218, 219, 220, 221, 222, 223. 
 .SCHOLARS. 
 
 Common school scholars, age of, p. 45, s. xlvii, 
 p. 46, d. 80. 
 
 To what schools sent, p. 76, s. Ix, p. 59, s. 1, d. 
 117, p. 60, d. 118, 119, 120. 
 
 Residence to be in district, p. 47, d. 81, 83, 84, 85, 
 86. 
 
 Admission of, p. 47, d. 82, p. 48, d. 87, 88, p. 49, 
 d. 89. 
 
 Expulsion and suspension of, p. 69, s. Ivi. p. 71, 
 d. 149, 150, 151. 
 
 SCHOOLS. 
 
 Joint schools, p. 50, s. xlviii, p. 54, d. 110, p. 55, 
 
 d. 111. 
 How established, p. 54, d. 110. p. 55, d. 111. 
 Sufficient number to be established, p. 45, s. 
 
 xlvii. d. 77, p. 46, d. 78, 79. 
 For negro children to be established, p. 80, s. 
 
 Ixiii, p. 81, d. 179, 180, 181, 182, p. 82, d. 183. 
 
272 INDEX. 
 
 SCTLOOIjS— Continued. 
 
 Night schools, p. 77. d. 170. 
 
 Graded sehools, p. 76, s. Ix, d. 167, 168, p. 77, d. 
 
 160. 
 Academies and colleges to report, p. 196, s. civil, 
 Real estate transferable to school district, p. 196. 
 s. clviii, p. 197, d. 349. 
 
 SCHOOL JOURNAL. 
 
 Oflficial organ, p. 149, s. cxxxi. 
 
 To be furnished each district, p. 149, s. cxxxi, 
 p. 150, d. 293, 294, 295, p. 151, d. 296. 
 
 SECRETARY. 
 
 Duties of, p. 32, s. xxxvii, d. 41, p. .33, d. 43, 44, 
 
 45, p. 34, d. 46, 48, 49, 50, 51, p. 35, d. 52, .53. 
 To notify county superintendent of employment 
 
 of teachers, p. 35, s. xxxviii. 
 To act as district superintendent, p. 174, d. 334. 
 Make annual report to county superintendent, 
 
 p. 32, s. xxxvii. 
 Appointment of secretary pro tern., p. 39, s. xli, 
 
 p. 40, d. 67. 
 
 To send address of officers to State Superinten- 
 dent, p. 33, d. 42. 
 
 SITES. 
 
 P. 50, s. xlix, p. 58, d. 115, 116, p. 52, d. 99. 
 SPECIAL ACTS. 
 
 For collection of school tax, p. 113, 114. 
 
 Relative to Philadelphia, Lancaster, &c., p. 211. 
 
 District institute in Westmoreland county, p. 
 211. 
 
 Institute in Philadelphia, p. 205, s. clxix, p. 206, 
 s. clxx, p. 207, s clxxi. 
 
 STATE NORMAL SCHOOLS. 
 
 Normal districts, p. 175, s. cxUv. 
 Establishment of schools, p. 176, s. oxlv. d. 3.39. 
 
 1 
 
INDEX. 273 
 
 STATE NORMAL. SCBiOOLiS— Continued. 
 Trustees, p. 177. s. cxlvi. 
 Gifts and bequests, p. 177, s. cxlvii. 
 Annual report of trustees, p. 178, s. cxlviii. 
 Requisites to obtain benefits of this act, p. 178, 
 
 179, 180, 181, 182, 183, 184, 185, 186, 187, 188. 
 How privileges of this act obtained, p. 189, s. ci. 
 Rival applications, p. 190, s. cli. 
 Certificate of scholarship, p. 191, s. clii. 
 Teachers' State certificate, p. 192, s. cliii, p. 193, 
 
 d. 344, p. 194, d. 345, 346, 347, 348. 
 Provisional certificate, p. 195, s. cliv. 
 Duty of common school graduates, p. 195, s. civ. 
 State Superintendent to give instructions, p. 
 
 196, s. clvi. 
 
 STATE SUPERINTENDENT. 
 Duties of, p. 128, s. cix. 
 Appointment, term of ofH.ce and removal, p. 127, 
 
 s. cviii. 
 To decide controversies and disputes between 
 
 boards of directors, p. 128, s. ex, p. 129, d. 261, 
 
 262, 263. 
 To give advice and explanations, p. 130, s. cxi, 
 
 d. 264, 265. 
 Sign orders for State appropriation, p. 131, s. cxii. 
 To prepare and distribute blank forms, p. 132, 
 
 s. xvi. 
 Make annual report, p. 132, s. cxvii. 
 Provide seal, p. 133, s. cxviii. 
 Appoint a deputy, p. 133, s. cxviii. 
 Can remove county superintendent, p. 133, s. 
 
 cxix. 
 Fill vacancies of county superintendents, p. 149, 
 
 s. cxxx. 
 Procure an architecture, p. 134, s. exx. 
 Prescribe forms tor NoTmal schools, p. 196, b. clvl. 
 18 
 
214 INDEX. 
 
 TAX. 
 
 Amount of, how determined, p. 89, s. Ixx, p. 91, 
 d. 194, 195, 196. 
 
 Requires affirmative votes of a majority, p. 44, 
 s. xlv. 
 
 Levy and apportionment of, p. 90, s. Ixxi. 
 
 When to be levied, p. 90, s. Ixxii, d. 192, p. 91, 
 d. 193. 
 
 Manner of levying tax, p. 104, 105, 106, 107, 108.; 
 
 Examples, p. 109. 
 
 Debt of former years, how provided for, p. 92, 
 d. 199. 
 
 Amount of, limited, p. 92, d. 200. 
 
 Can levy special or building tax, p. 92, s. Ixxiii, 
 p. 91, d. 197. 
 
 How taxes applied, p. 91, d. 198, p. 93, d. 201, p. 
 94, d. 203, 204. 
 
 School and building one tax, p. 93, d. 202. 
 
 Building tax limited, p. 94, d. 205, 206. 
 
 What things taxable, p. 98, s. Ixxix, d. 212. 
 
 Kinds of school tax, p. 98, d. 213. 
 
 Limit of tax on trades, professions and occupa- 
 tions, p. 99, s. Ixxx. 
 
 Persons taxable on trades, professions and oc- 
 cupations, p. 99, s. Ixxi, p. 100, d. 214. 
 
 How levied on specified articles, p. 100, s. Ixxxii, 
 d. 215. 
 
 Money and real estate in hands of trustees, when 
 
 taxable, p. lOi, s. Ixxxiii, p. 102, d. 217, 218. 
 Mortgages, judgments and recognizances, p. 101, 
 
 s. Ixxxiv, p. 102, d. 216. 
 Land to be assessed in district where mansion 
 
 is situated, p. 103, s. Ixxxv, d. 219. 
 Does not extend to boroughs or cities, p. 103, s. 
 
 Ixxxvi, d. 220. 
 Deceased person's property, to whom taxable, 
 
 p. 104, d. 22 L. 
 
INDEX. 275 
 
 TAX — Continued. 
 
 Law of 1869 relating to collection of tax, op- 
 tional, p. 109, s. Ixxxvii, p. 110, s. Ixxxviii, p. 
 Ill, s. Ixxxix, d. 229. 
 
 TEACHERS. 
 
 To be appointed by directors, p. 61, s. liv, p. 62, 
 
 d. 122, 123. 
 To have an agreement, p. 62, d. 124. 
 To have certificate, p. 62, d. 125, p. 63, d. 126. 
 Old teachers should have preference, p. 63, d. 
 
 127. 
 Family, political or church influence not to be 
 
 permitted, p. 64, d. 129. 
 Jurisdiction over pupils, p. 64, d. 130. 
 Opposition to female teachers, p. 63, d. 128. 
 Teachers to be impartial, p. Qi, d. 131. 
 Right to punish, p. 65, d. 132. 
 Right to ask written excuses from pupils, p. QQy 
 
 d. 133. 
 Dismissal of, p. QQ, d. 134, 135, 136, p. 67, d. 137, 138, 
 
 139, 140. 
 To make monthly report, p. 68, s. Iv, d. 141, 142, 
 
 p. 69, d. 143. 
 Fines, p. 68, s. Iv, p. 69, d. 144. 
 Salary to draw interest, p. 79, d. 175. 
 TERM. 
 
 Length of, p. 89, s. Ixx. 
 
 Requires affirmative votes of majority, p. 44, Sc 
 
 xlv, p. 49, d. 90, 91. 
 
 TREASURER. 
 
 Bond duties and percentage, p. 36, s.' xxxix, d. 
 
 55, p. 37, d. 56, p. 88, d. 190. 
 Disputes with board, how settled, p. 36, d. 54, 
 
 p. 128, s. ex, p. 129, d. 261, 262, 263. 
 To pay orders, p. 36, s. xxxix, p. 37, d. 57, 68, p. 
 
 38, d. 59. 
 
276 INDEX. 
 
 TREASURER— Continued. 
 
 To pay executions, p. 38, d. 60, p. 16, a. xxi. 
 
 Not to be re-appointed until accounts are set- 
 tled, p. 38, d.' 61. 
 
 Percentage not allowed on money on hand, p. 
 39, d. 65. 
 
 To pay interest on money on hand, p. 39, d. 66. 
 
 To receive fines for drunkenness, p. 87, s. Ixviii.