% Book ^Jtl OFFICIAL DONATION. School Law of Indiana ^»^>M/A INC1_UDIMC3 =- ACTS OF 1891 ISSUED BY HEKVEY D. TORIES, Superintendent of Public Instruction. lEDIAI^APOLIS, 1891, x^^i- 'jteuM.od'i'o --'^ ^ ISatcS-t^i^ .0. u?^ FgwRSO^: I CONTENTS. Introduction. I. Development of the School System Page 5 II. Outline of the System III. Editions of the School Law IV. The Present" Edition. ' V. Superintendents of Public Instruction VI. Attorney-Generals ........ VII. Explanations Constitutional Provisions. Article VIII — Education. THE SCHOOL LAW. Common Schools. Article I— The Fund § 4325-4405 Article II — Administration § 4406-4464 Article III — Taxation § 4465-4471 Article IV — Enumeration § 4472-4476 Article V — Apportionment of Revenue ....,§ 4477-4487 Article VI— Schools in Cities and Towns § 4488-4492 Article VII— Schools and School Houses . . .... § 4493-4519 Article VIII— Teachers' Institutes ... = ....,§ 4520-4523 Article IX— Free Libraries .......... .§4524-4533 Article X — General Provisions § 4534-4541 State Normal School § 4542-4560 Imlex. Page 101 INTRODUCTION. I. DEVELOPMENT OP THE SCHOOL SYSTEM. In accordance with the general law of institutional development, the growth of the school system of Indiana has been toward simplicity and unity. By the first Constitution it was made the duty of the General Assembly to provide for a general system of education. The first at- tempt to create such an institution was ' ' An act incorporating congres- sional townships, and providing for public schools therein," approved February 6, 1837. The system then established was extremely compli- cated, and was weakened by an excessive division of functions among numerous officers. It was without county or State direction, and nearly every step in matters of taxation and administration was dependent upon the votes of the inhabitants of school districts. These defects were not removed by the ' ' Act to increase and extend the benefits of common schools," approved January 19, 1849. The inefficacy of these statutes soon became apparent; and the present Constitution, adopted in 1851, not only renewed the requirement that the system should be general and uniform, but also forbade the enactment of local or special laws for sup- porting common schools. In pursuance of these provisions a general school law was enacted in 1852, and received the approval of the Gov- ernor on February 14 of that year. This law contained the germs of the present system ; and after passing through several revisions by the General Assembly, guided by a series of luminous decisions of the Su- preme Court, it was embodied in the act of March 6, 1865, the last com- prehensive statute on the subject of common schools. This, as amended to date, with a number of supplemental sections and acts, constitute the school law of Indiana. II. OUTLINE OF THE SYSTEM. 1. A State Superintendent of Public Instruction. Elected by the people for two years. — § 4406. Charged with the administration of the system, the general superintendence of school affairs, the management of the funds and revenues, and the interpretation of the school law ; Q INTRODUCTION. makes reports to tlie Governor and the General Assembly, apportions revenue among the counties, publishes and distributes the school laws, compiles school statistics, and visits all the counties. — § 4408-4417, 4482. 2. A State Board of Education. An ex-offieio body of professional educators — §4420. Examines applicants for State certificates, prescribes examination for professional eight-year licenses, and takes cognizance of questions not otherwise provided for. — §4421, 4422. 3. County Superintendents. One for each county, elected by the Township Trustees for two years. — §4424. Examine and license teachers, and direct and superintend their work, hold county institutes, compile educational and financial statistics, and report them to the Superintendent of Public Instruction, and carry out directions of the Supei'intendent of Public Instruction and the State Board.— §4425-4431, 4521. 4. School Trustees. One for each township, elected by the people for two years. — §4438. Three for each town or city, appointed by the Town Board or City Council for three years. — §4439. Charged with the ownership and management of school property, levy local taxes, employ teachers, cause township institutes to be held, make reports to County Superintendents and Commissioners, and constitute a County Board of Education, which adopts text-books.— §4436, 4441-4444, 4520. 5. School Directors. Elected by the patrons in each school district for one year. — §4498. Preside at school meetings, all the media of com- munication between the people and the Trustee, and, under direction of the Trustee, have the care of the school houses, make small repairs and provide fuel. They may exclude refractory pupils, subject to appeal to the Trustee.— §4503-4506. 6. General Institutions. State Normal School. — 4542-4560, Indiana University, Purdue University (Agricultural and Mechanical). 7. Special Institutions. Institute for the Education of the Deaf and Dumb, Institute for the Education of the Blind, State Reform Schools. III. EDITIONS OF THE SCHOOL LAW. The act of 1837, relating to public schools was published "by author- ity' ' in the year of its passage. The act of 1852 provided for the election of a Superintendent of Public Instruction, in compliance with the new Constitution, and made it his duty to publish and distribute as many copies of the School Law as he should deem the public good to require. INTRODUCTION. 7 In obedience to that requirement, annotated editions were published by successive Superintendents, as follows : By Larrabee in 1853, by Mills in 1855, by Larrabee in 1858, by Fletcher in 1861, by Hoss in 1865 and 1867, by Hobbs in 1869, by Hopkins in 1873, by Smart in 1877, and by Holcombe in 1883. IV, THE PRESENT EDITION. In this edition an effort has been made to present a thorough and com- plete exposition of the administration of a highly developed educational code — a code embodying a school system which, for its efficiency and thorough organization, and its advanced position as to State supervision and control, is generally recognized as a model State system. This edition is also intended to be representative of the Department of Public instruction, preserving decisions of the Superintendents as far as they are found applicable to the present law, and crediting each opinion to its author whenever he can be determined with any degree of certainty. The subjoined list of State Superintendents and Attorneys-General will enable the reader to fix approximately the dates of decisions. V. STATE SUPERINTENDENTS OF PUBLIC INSTRUCTION. Wm. C. Larrabee (deceased) . Nov. '52 to Feb. '55 Caleb Mills " Feb. '55 to " '57 Wm. C. Larrabee " " '57 to " '59 Samuel L.Rugg " " '59 to " '61 Miles J. Fletcher (deceased) " '61 to May '62 Samuel K. Hoshour (appointed) May ' 62 to No v. ' 62 Samuel L. Rugg (deceased) Nov. '62 to Mar. '65 George W. Hoss (resigned) ■. . . . Mar. '65 to Oct. '68 Barnabas C. Hobbs (appointed) Oct. ' 68 to Mar. ' 69 Barnabus C. Hobbs (elected) Mar. '69 to " '71 Milton B. Hopkins (died in office) " '71 to Aug.' 74 Alexander C. Hopkins (appointed) Aug. '74 to Mar. '75 James H. Smart Mar. '75 to " '81 JohnM. Bloss • ., . . . " '81 to " '83 John W. Holcombe " '83 to " '87 Harvey M. LaFollette " '87 to " '91 Hervey D. Vories " '91 to INTRODUCTION. VI. ATTORNEYS-GENERAL. James Morrisou 1855-57 Joseph E. McDonald . . 1857-59 James G. Jones 1859-60 John P. Usher 1860-62 Oscar B. Hord 1862-64 Delano E. Williamson . . 1864-70 Bayless W. Hanna . . - 1870-72 James C. Denny . . . 1872-74 Clarence A. Buskirk . 1874-78 Thomas W. Woolen . . 1878-80 Daniel P. Baldwin . . 1880-82 Francis T. Hord . . . . 1882-86 Louis T. Michener . . 1886-90 Alonzo G. Smith . . . 1890 VII. EXPLANATIONS. The Board of Revision of the Laws, created by the act of March 28, 1879, codified the laws relating to common schools, the State Normal School, Indiana University, and Purdue University, and published them as Chapters 52, 53, 54, and 55 of the Revised Statutes of 1881. The numbering and arrangement of sections made by the Board of Revision are preserved, and the numbers in the original acts are placed at the end of each section. In cross-references the letters R. S. and figures 1881 are placed after the number when the section designated belongs to a part of the Revised Statutes not included in the school law. A carefully prepared index may be found at the end of the volume. August 15, 1891. CONSTITUTIONAL PROVISIONS. ARTICLE VIII -EDUCATION. [In force November 1, 1851.] 182. Common schools. Knowledge and learning gen- erally diffused throughout a community being essential to the preservation of a free government, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific and agri- cultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge and equally open to all. 1. Schools a State institution. Under our former Constitution we had had two systems of common schools, the general and the local, and the local had broken down the general system and neither had flourished. This was an evil distinctly in the view of the convention which framed the new Constitution, and it was deter- mined that the two systems should no longer co-exist ; that the one general system should continue, strengthened by additional aids, and that the counteracting local system should go out of existence. * ^ Common schools as a whole are made a State institution — a system co-extensive with the State, embracing within it every citizen, every foot of territory, and all the taxable property of the State. — City of Lafayette v. Jenners, 10 Ind. 76 and 77. 2. Genkeal. Our common school system must be general, that is. it must ex- tend over and embrace every portion of the State.— Corey v. Carter, 48 Ind. 358. 3. Uniform. It must be uniform. This will be secured when all the schools of the same grade have the same system of government and discipline, the same branches of learning taught, and the same qualifications for admission. — Id. 359. 4. Classification. The schools must be equally open to all. But the Legisla- ture may classify the pupils to be admitted, with reference to age, sex, advancement and branches of study to be pursued, and may designate to what schools and what school houses the different ages, sexes, and degrees of proficiency shall be assigned. —Id. 360. 5. Colored Pupils. To require the white and colored children to be taught separately, provision being made for their education in the same branches, accord- ing to age, capacity, or advancement, with capable teachers, does not amount to a, denial of equal privileges to either, or conflict with the open character of the sys- tem required by the Constitution. — Id. 362 ; ? 4496. 10 CONSTITUTIONAL PROVISIONS. 183. Common school fund. The Common School Fund shall consist of the Congressional Township Fund, and the lands belong- ing thereto ; The Surplus Revenue Fund ; The Saline Fund, and the lands belonging thereto ; The Bank Tax Fund, and the fund arising from the one hundred and fourteenth section of the Charter of the State Bank of Indiana ; The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such seminaries ; for the fines assessed for breaches of the penal laws of the State, and from all for- feitures which may accrue ; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance ; All lands that have been or may hereafter be granted to the State when no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress, of the twenty- eighth day of September, one thousand eight hundred and fifty, after deducting the expense of selecting and draining the same ; Taxes on the property of corporations that may be assessed by the General Assembly for common school purposes. 1. Consolidation void. In so far as this section attempts to consolidate the congressional township fund with other funds, it is inoperative. The provisions of the School Law of 1852, which were designed in pursuance of this section to effect such consolidation are in contravention of the subsequent section 7, and of the con- gressional grant to the townships. State v. Springfield Tp. 6 Ind. 83 ; Davis v. In- diana, 94 U. S. 792. 2. Sale of Seminaries void. The provisions authorizing the sale of County Seminaries is void, impairing the obligation of contracts. Edwards v. Jagers 19 Ind. 407. Compare Heaston v. The Board, 20 Ind. 398. 184. Principal, a perpetual fund. The principal of the Common School Fund shaU remain a perpetual fund, which may be increased, but shall never be diminished ; and the income thereof shall be inviolably appropriated to the support of Common Schools and to no other purpose whatever. 185. Investment and distribution. The General As- sembly shall invest, in some safe and profitable manner, all such portions of the Common School Fund as have not heretofore been entrusted to the several counties, and shall make provision, by law, for the distribu- tion among the several counties of the interest thereof. CONSTITUTIONAL PROVISIONS, 11 186. Reinvestment. If any county shall fail to demand its proportion of such interest, for Common School purposes, the same shall be reinvested for the benefit of such county. 187. Counties — Liability. Thd several counties shall be held liable for the preservation of so much of said fund as may be entrusted to them, and for the payment of the annual interest thereon. 1. Eents. a county is liable for rents derived from unsold congressional township land. — Davis v. The Board, 44 Ind. 38. 188. Trust funds inviolate. All trust funds held by the State shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. 189. Superintendent of Public Instruction. The General Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public Instruction, who shall hold his office for two years, and whose duties and compensation shall be pre- scribed by law. THE SCHOOL LAW. ARTICLE I— THE FUND. [1865, p. 3. Approved and in force March 6, 1865.] 4325. What constitutes. The funds heretofore known and designated as the surplus revenue fund, all funds heretofore appro- priated to common schools, the- saline fund, the bank-tax fund, the fund which has been derived or may be derived from the sale of county sem- inaries and the property belonging thereto, the moneys and properties heretofore held for such seminaries, all fines assessed for breaches of the penal laws of the State, all forfeitures which may accrue, all lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance thereof, aU lands which have been granted, or may be granted hereafter, to the State, when no special object is ex- pressed in the grant, the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress of September, 1850, the taxes which may be assessed from time to time upon the property of corporations for common school purposes, and the fund aris- ing from the one hundred and fourteenth section of the charter of the State Bank of Indiana, shall be denominated the "Common School Fund." The fund derived from the sale of Congressional township school lands, and the unsold Congressional township school lands, at the reasonable value thereof, shall be denominated the "Congressional township school fund," and shall never be diminished in amount, the in- come of which, together with the taxes mentioned and specified in the first section of this act [§ 4465], the money and income derived from licenses for the sale of intoxicating liquors, and unclaimed fees, as pro- vided by law, shall be denominated the "School revenue for tuition," the whole of which is hereby appropriated, and shall be applied exclu- sively to furnishing tuition to the common schools of the State, without any deduction for the expense of collection or disbursement. (2) 1. Two DISTINCT FUNDS. This section, in conformity with the decisions cited under Const. 183, provides that there shall be two distinct funds, the "Common School Fund" and the -* Congressional Township School Fund," which must be kept apart and managed separately (§ 4327). Under the former title are consolidated ^11 the funds named in the C9nstitution5 except the Congressioual township fund, A *-■■ SCHOOL LAAV OF INDIANA. lo and in addition thereto " all funds heretofore appropriated to common schools," re- ferring to all moneys arising from the sale of estray animals, and property taken up adrift, which were, by an act approved January 15, 1844, transferred to the common school fund of the county to be ratably apportioned among the several school dis- tricts thereof. ISfeither of these funds shall ever be diminished, for the term com- mon school fund in the Constitution includes both. 2. Eevenues. Of the " School Eevenue for Tuition " the interest on the com- mon school fund, the proceeds of the State tax, and the unclaimed fees are paid into the State treasury and apportioned to the counties by the Supt. of Public In- struction semi-annually on the basis of school population. — ^4477-4482. The rev- enues derived from the congressional township fund and from county liquor licenses are distributed by the county auditors to the townships and counties to which they respectively belong.— §4486 E. S. 1881, and §5316; State v. Forkner, 70 Ind. 241. 3. Fees of officers. No deduction shall be made from the school revenues for expense of collection or disbursement, but the county auditors shall receive from the general funds of the counties the amount of one per cent, on the perma- nent school funds held in trust by their several counties, as compensation for the management of them.— E. S. 1881, §5909 ; Hanlon v. The Board, 53 Ind. 123. 4. Illegal deductions recoverable— Statute of limitations. By the school law of 1855, and also of 1865, still in force (E. S. 1881, §4325), the income of the common school fund and the taxes levied and collected for tuition are re- quired to be applied exclusively to furnishing tuition in the common schools of the State. Provision is made for payment out of the county fund of the fees of officers for collecting, managing and dispensing the tuition fund. (E. S. 1881, §5909, 5927, 5928). From the constitutional and statutory provisions it is manifest that, with reference to common school funds, the State and county act simply as trustees for the benefit of the school children of the State. The county can not repudiate or disavow its trust, and where it misappropriates common school funds, no failure of the proper officers to bring suit for any length of time after notice of the misappro- priation can be set up by way of limitation to the action to the predjudice of the beneficiaries of the trust. — State v. St. -Joseph Co., 90 Ind. 359 ; Board of Com. v. State, 103 Ind. 497; Board of Com. r. State, 106 Ind. 270 ; Board of Com. u State, 106 Ind. 53. 5. Estrays. Under the first clause of the schedule annexed to the Constitu- tion of 1851, the act of January 15, 1844 (p. 86 of act of 1884), entitled " An act converting the moneys arising from the sale of estrays and property taken up adrift into the common school fund, not being inconsistent with the Constitution and not having expired or been repealed, has remained and is in force ; and under its provisions and those of §4325, all moneys arising from the sale of estray animals and property taken up adrift, " so soon as the same shall have vested absolutely in any county," become a part of the common school fund of the State. — Board V. State, 92 Ind. 353. 6. Eecovery of deductions. The statute of limitations of 1582 does not bar a recovery against a county for misappropriation of funds donated by the Constitu- tion and laws exclusively to tuition in the common schools ; and the appropriation of any part of it to the payment of officers' fees for collecting or managing the funds is wholly unauthorized, and a violation of a trust which is not in the power of a county to deny. — State v. Board of Commissioners, 90 Ind. 359 ; Board of Com- raiasiouers v. State, lOS Ind. 497 ; Vanarsdall r, State, 65 Ind, 176, 184. 14 SCHOOL LAW OF INDIAlfA. 7. Fines. A line for contempt is as much a part of the school fund as any other fine. — Alexander v. State, 9 Ind. 337 ; Swift v. State, 63 Ind. 81. 8. Escheat. The provisions of the Constitution with reference to escheats are not self-executing ; and money paid into the State Treasury for want of heirs under §2411 to §2415, E. S. 1881, does not escheat.— iliicAewer, Atty.-Gen. State v. Meyer, 63 Ind. 33. 9. Belongs to inhabitants. The school law does not conflict with the act of congress granting the sixteenth section in the several congressional townships in the State to the inhabitants of such townships for the use of schools. — Quick v. Springfield Township, 7 Ind. 636 ; State v. Springfield Township, 6 Ind. 83 ; Quick v. Whitewater Tov/nship, 7 Ind. 570 ; Daggett v. Bonewitz, 107 Ind. 276. 10. Liquor license fees. Liquor license fees belong to the county, there to be wholly expended for tuition purposes, and not to the permanent common school fund of the State.— R. S. 1881, §5316 ; State v. Forkner, 70 Ind. 241 . 11. Mandate. Mandate lies to compel the proper application of the funds. — State I'. Cooprider, 96 Ind. 279. 12. State not liable to county. The State is not liable to a County Treas- urer for the collection of the revenue belonging to the school fund. — Michener, Atty.- Gen. 13. Pkoperty found on dead bodies. The proceeds of effects found by the coroner on the bodies of dead persons do not belong to the common school fund, but go to the support of the common schools of the county, and an action to compel its proper application can not be prosecuted on the relation of the Attorney-General. — State V. Board of Commissioners, 85 Ind. 489. 14. Lotteries. Lotteries in aid of schools, and gift exhibitions are illegal. — Whitney v. State, 10 Ind. 404. 15. Tax penalty. The provision of the tax law (R. S. 1881, §6339) inflicting a penalty for a false tax list, and turning the penalty into the county treasury for the use of the county, instead of for the school fund, is constitutional. — Burgh v. State, 108 Ind. 132. 4326. Counties liable. The several counties of this State shall be held liable for the preservation of so much of said fund as is intrusted or may have been intrusted to them, and for the payment of the annual interest thereon, at the rate established by law, the payment of which interest shall be full and complete every year, and shall so appear in the Auditor's report to the Superintendent of Public Instruc- tion ; and the said Superintendent shall, at any time, when he discovers, from the rej)ort, or otherwise, that there is a deficit in the amount col- lected, for want of prompt collection, or otherwise, direct the attention of the Board of County Commissioners and the County Auditor to the fact, and said Board of Commissioners are hereby authorized and required to provide for such deficit in their respective counties. (3) 1. Interest. This section is designed to carry out the requirements of the Constitution (§187). The interest on the school funds is at the rate of six per cent.— §4369. 2. Deficits made up. The Board of County Commissioners is required to 8CH00]. LAW OF INDIANA. 15 make up losses to both tlie principal and interest of the funds, at their June meet- ing (§4399), by authorizing the Auditor to draw a warrant for the amount of the deficit upon the general fund of the county in favor of the particular school fund found deficient, and upon failure of the board so to act, they become liable to an action in the name of the State upon the relation of the Superintendent of Public Instruction, who may notify the proper prosecuting attorney to bring such action. 3. Attorney-General as relator. When suit is brought by the State to recover any part of its common school fund, the Attorney-General is a proper officer to bring such suit, and is a proper relator therein. — Board v. State, 92 Ind. 353. 4. Attorney's fees. A county may, and it is its duty, employ an attorney to protect the school fund ; but it can not pay him out of that fund ; it must pay him out of the general county fund. — Board of Com. v. State, IIG Ind. 329. 5. County liable. The school fund is entrusted to the county, and it is charged with the amount it receives; if loss occurs the county has to make that loss good; and if the money is not loaned the county is chargeable with the interest thereon, and must pay it ; when this is done the obligation of the county has been fully met. It never was the intention of the framers of the constitution that the school fund should be enhanced at the expense of the county, but simply that the fund should be preserved intact, and the interest annually paid.— Board of Com. V. State, 122 Ind. 333. 4327. Account of fund. The County Auditors of the several counties of this State shall, immediately upon the taking effect of this act, open an account upon their books with each of the congres- sional townships of their respective counties whose funds are managed by them, and transfer to such account, from the common school fund account, the principal of the congressional township fund, as it existed before its consolidation with the common school fund, and shall thereafter keep a separate account of the principal and interest of the congressional township fund of each township. (151) 1. Separation of funds. This section requires the separation of the con- gressional township fund from the common school fund, with which it had been con- solidated by the school law of 1852, in accordance with the constitution (§183). But the courts have held that the proceeds of the sale of the school sections could not be diverted from the use of the inhabitants of the congressional townships, to whom they had been granted by the United States. — State v. Springfield Tp., 6 Ind. 83 ; same, 22 How. U. S. 56 ; Quick v. Whitewater Tp., 7 Ind. 570 ; Quick r. Springfield Tp., id. 636. 2. Proceeds op lands. When the school sections have been sold the pro- ceeds of the sale are managed by the county auditor, and the interest thereon dis- tributed by him through the county treasury to the proper school trustees. — Davis V. State, 44 Ind. 38; same, 94 U. S. 792. [1873, p. 79. Approved and in force March 7, 1873.] 4328. Custody of lands— Report of income. The custody and care of all lands belonging to the congressional township fund shall be with the Trustee of the civil township in which the same \^.^. 1(! ^SCHOOL LAW OP Iisn)iANA. shall be situated ; who shall report, aunually, to the Auditor, by the fourth Monday in March, the annual income derived therefrom, to the township. And the report shall embrace a fully itemized statement of his rent account of such lands ; to whom and for what amount the same was rented to each tenant ; and whether the rents have been collected or not ; and if any portion has not been collected, he should state fully the reasons why the same has not been collected. Any Trustee who has heretofore failed and neglected to so report shall embrace in his first report such itemized statement and showang for each preceding year not so reported, whether by himself or his predecessors ; and the amount of school funds for any year, to which such township might otherwise be entitled, shall be withheld, and not paid over to such Trustee, if the rental value of such lands for such terms shall equal or exceed the township' s otherwise portion of the school fund ; and it shall be the duty of such Trustee to pay into the county treasury all rents collected and reported by him as aforesaid. (44) 1. Kents DISTRIBUTED. The rents of scliool lands shall be paid into the county treasury, to be distributed by the Auditor together with, and in the same manner as, the interest on the congressional township fund. And a Township Trustee who fails to pay the rents into the county treasury, as therein required, is, with his county, liable on his bond for the amount, with ten per cent, damages, in a suit in the name of the State on relation of the Board of Commissioners. — Davis v. State, 44 Ind. 38. 2. Must be paid in full. The Trustee can not withhold a balance of rent on hand at the date of settlement, to be expended in repairs during the ensuing year. — BiisJdrk, Att'y- Gen. 3. The equalization of revenue among townships by taking into considera- tion congressional township revenue, is constitutional. — §4486 — Note 1. 4. Judicial notice. Courts will not take judicial notice what lands were sub- stituted for the sixteenth section, when that section has been sold and other lands substituted for it. It must be shown that such substituted lands were actually selected by the Secretary of the Treasury, as required by the statute of the United States. —Peck V. L., N. A. & C. K. K. Co., 101 Ind. 766; Daggett v. Bonewitz, 107 Ind. 276. [1865, p. 3. Approved and in force Marcii 6, 1865.] 4329. Leasing' lands. He shall have power, when directed so to do by a vote, or by the written direction of a majority of the voters of the congressional township to which the same belongs, to lease such lands for any term not exceeding seven years, reserving rents, payable in money, property, or improvements upon the land, as may be directed by a majority of such voters. (45) 1. Voters. The voters here intended are such persons as are entitled to vote at general and township elections, as defined in the Constitution (R. S. 1881, ^84). As the law does not provide how such vote shall be taken, a petition is the better mode of procedure. If signed by a majority of the voters of the township the Trustee is bound to comply with it. See 27 K E. Rep. 439, %^^M SCHOOL LAW OF INDtANA, 17 4330. Divided school section. When the sixteenth section, or the section which may be granted in lieu thereof, shall be di- vided by a county or civil township line, or where the substituted section lies in any other county in the State, the voters of the congressional township to which the same belongs shall designate, by vote or by the written direction of a majority, the Trustee of one of the civil townships including a part of said section, to have the care and custody of said section, and to carry out the directions of the voters of the township in relation thereto ; and the Trustee so designated shall have the same powers and perform the same duties as if the entire section was situated within the limits of the civil township, and receive from the County Treasurer the revenue derived from funds accrued from said sale. (46) 4331. Boundaries of townships. The County Com- missioners of each county are required to conform the boundary of their civil townships to those of congressional townships, so far as it is prac- ticable to do so. (148) 1. The County Commissioners have full power to determine the boundaries of civil townships.— E. S. 1881, 'i 5987. [1877 S., p. 66. Approved and in force March 12, 1877.] 4332. School township, when county lines divide. Where county lines divide a congressional township, the proper officer in the county in which the congressional school lands are situated, or would be situated if unsold, shall control such lands and the funds arising therefrom, as in this act is provided. (1) 1. These six sections (4332-4337) provide for the transfer from one county to another of the principal of the fund belonging to congressional townships divided by county lines, so that the share of each part of such township may be controlled and managed by the Auditor of the county in which such part lies. This transfer of the fund is intended to put an end to the sytem by which an Auditor of one county is obliged semi-annually to apportion congressional township revenue be- tween the parts of townships lying in his own and other counties, as provided for by § 4432 and 4480, and which proved very unsatisfactory in its working. — -Hol- combe, Supt. 4333. Auditor's statement as to children. When the enumeration is made of children, under the school laws, the Auditor of each county shall furnish to the Auditor of the other a statement showing the number of children in each congressional township ; and to enable him to do this correctly, the person or officer making the enumer- ation shall correctly state the number of children in the congressional township so divided by county lines. (2) 1. See? 4472. 2~ScH. Law. 18 SCHOOL LAW OF INDIANA. 4334. Auditor's duty. The Auditor of the county having control of the fund shall open an account with the other county as to each congressional township, and credit said other county with all money on hand, all securities for lands sold, and, if any lands be unsold, with the proceeds when sold; and, from time to time, as money comes 'in, shall credit such county with such money — that is to say, shall divide such money pro rata on the basis of such enumeration, and enter the - credit; and shall pay over such money, be it little or much, to the Treasurer of such other county, file his receipt with the Auditor, and take a quietus ; and so continue until the whole portion due such other county is paid over. Such payments shall be made quarterly, to corre- spond with the fiscal year. (3) 1. Eecommendation^. It is recommended that no payments be made between May 1st and July 1st, thus allowing the Auditois of counties to receive all remit- tances in time to include them in the June reports of the Auditors and Commission- ers to the Superintendent of Public Instruction. — Holcombe, Superintendent. 4335. Account and distribution. Sucli Auditor of the county controlling such lands and fund shall also open an account with such lands and with the township in his own county divided by county line, and shall debit and credit such accounts as he receives money or securities from sales or collections from lands forfeited and re-sold, and all expenses in full and regular order of entry and accounting, so he can tell, at any time, the condition of the lands, funds and securities. He shall collect in, as fast as possible, all moneys outstanding, make proper distribution as per enumeration, and credit the proper account in said county, and continue to pay over to the other county, as above provided, until each county has its proper proportion of said funds. (4) 4336. Duties of the other Auditor. The Auditor of such other county shall open an account w^ith the proper township in his county, and credit such fund as fast as received ; and, when in sufficient amount, shall loan the same as now required by law. Both Auditors shall make a statement of the condition of the fund annually, at the end of the proper fiscal year, and file one copy with the Superintendent of Public Instruction, lay one before the County Conunissioners (which latter shall be spread upon their record), and both shall be sworn to by the Auditor. (5) 4337. Account— Re-adjustment. The process con- templated by this act shall continue so long as any lands remain unsold, or any securities are uncollected, and until each county shall have be- come possessed of its proper share of such fund in money, when the ac- counts here required to be kept shall be closed and reported as aforesaid : Provided, That in the year 1890, and every two years thereafter, there SCHOOL LAW OF INDIANA. . 19 shall be a re-adjustment of said fund belonging to such Congressional township, upon the basis of the number of children enumerated in each part of such Congressional township, as hereinbefore provided ; and the Auditor having a surplus of such fund, according to such basis, shall pay to the Treasurer of the county interested the amount of money due said county upon the jjer capita basis then existing. For the services here provided for, the Auditor shall be allowed the same fees for records, certificates and other labor, as is allowed by law for other similar ser- vices. (6) 1. Explanation. The process contemplated by the foregoing sections (44o2- 4337) began in 1877 and will probably be completed by 1800, when those sections will become obsolete and the provisions of this section will come into effect. — Hol- coiiibe, Supt. 2. The Auditor's fees must be paid out of the general fund of the county. — g 4325, note 3. [1367, p. 3. Approved and in force March 6, 1865.] 4338. Power of Trustee. The proper Trustee shall have all the rights a.nd pov/ers of a landlord, in his ofhcial name, in coercing fulfillment of contracts relating to such lands, and preventing waste or damage, or for the recovery of the same when committed. (47) 4339. Sale of school lands. At any time when five voters of any Congressional township shall, by petition to the Trustee having charge of the school lands belonging to such township, set forth their desire for the sale of all or any part of the school land, the Trustee shall give public notice, in five public places in such township, of the time and place in such township when and where a balloting will be had to determine whether the lands shall be sold as petitioned for or not ; which notice shall be given at least twenty days before the time specified therein. (48) 1. VoTEKS. The voters here referred to are such as are entitled to vote at gen- eral and township elections, by the Constitution (R. S. 1881, ?84). See §4366. 2. When petition necessary. A petition is only necessary where land is sold the first time, and is not necessary where it is sold to recover the purchase- money. — McPheters v. Wright, 110 Ind. 519. 3. Public ditch. Congressional township land can not be assessed for the con- struction of a public ditch. 126 Ind. 261. 4340. Proceedings to sell. A copy of such petition shall be entered on the book containing the record of the proceedings of such Trustee ; and his action thereon shall, also, be recorded. (49) 4341 . Ballots. If a voter favor the sale of such lands, he shall write on his ballot the word ' ' sale ; " if he opposes the sale, he shall write the words "No sale." (50) 20 SCHOOL LAAV OF INDIANA. 4342. Results of election. No gale shall be allowed un- less a majority of all the votes cast at such election shall be in favor of such sale; nor unless the number of votes constituting such majority shall exceed fifteen. (51) 4343. Certificate of vote. The Trustee shall attend at the time and place specified, and shall make out a certificate showing the number of votes given for and against the sale ; which shall be signed by him and filed in his ofiice ; and he shall enter the same upon his rec- ord-book. (52) 4344. Trustee's duty. Said Trustee, if satisfied that aiiia- jority of ail, and more than fifteen, voters have voted for such sale, shall enter the same on his record-book, and proceed — First. To divide the lands, so' voted to be sold, into such lots as will secure the best price. Second. To aflix a minimum price to each lot, not less than one dollar and twenty-five cents per acre, below which it shall not be sold. Third. To certify such division and appraisement to the proper County Auditor, together with a copy of all his proceedings in relation to the sale of said lands. (53) 1. Ke-sale of Land. Land having been sold at the minimum pi-ice, and for- feited to the township by failure of purchaser to make deferred payments, vests ab- solutely in the township, and a re-sale of it must be governed by all the require- ments of this section. — Woollen, Atfy-Gen. 2. But any excess above the amount owing under the first appraisement and sale shall be paid to the first purchaser or his representatives. — H347. 4345. Order and conduct of sale— Fee. Such cer- tificate and return shall, by such Auditor, be laid before the Board of County Commissioners, at their first meeting thereafter ; and said Board, if satisfied that the requirements of the law have been substantially complied with, shall direct such lands to be sold ; which sale shall be con- ducted as follows : First. It shall be made by the Auditor and Treasurer. Second. Four weeks' notice of the same shall be given, by posting no- tices thereof in three public places of the township where the land is situ- ated, and at the court-house door, and by publication in a newspaper printed in said county, if any — otherwise, in a newspaper of any county in the State situated nearest thereto. The sale shall be made by the Auditor, at public auction, at the door of the court-house of the county in which the land is situated, and the Treasurer shall take an account thereof; and each of said officers, for making such sale, shall receive a fee of one dollar, to be paid by the purchaser. (54) SCHOOL LAW OF INDIANA. 21 1. BoABD MUST ACT. If the law has been complied with tlic Board may be compelled by writ of mandate to order the sale. The order may be made at a special session. The land can not be sold below the appraised value, of which the purchaser must take notice. 2. Public sale. The sale must be made at the door of the court-house of tlie proper county, at public auction. A private sale is illegal.— McPheters v. Wright, 110 Ind. 519. [1875, p. 131. Approved and in force March 9, 1875.] 4346. Terms of sale— Timber. One-fourth of the pur- chase-money shall be paid in hand and the interest for the residue for one year in advance, and the residue in ten years from such sale, with like interest annually in advance ; and deferred payments shall be regarded as a part of the congressional township school fund, and reported as such by the Auditor to the Superintendent of Public Instruction : Provided, That when one-fourth part or more of the value of the lands so- sold, at the time of such sale, shall consist of the timber growing thereon , the terms of sale in such case may be as follows, viz: At least one- half of the purchase-money cash in hand, and interest for the residue for one year in advance, and the residue in annual payments in not exceed- ing ten years from such sale, with like interest annually in advance ; and in such case the terms of sale shall be set forth in the notice provided for in the preceding section : And lyrovided further, That whenever the purchaser of any such land shall be proceeding to cut or remove, or threaten to cut or remove, from such lands, so sold, timber growing or being thei'eon, to such an extent that the land, after the cutting or re- moval of such timber, shall not be equal in value to the amount of pur- chase-money, with interest then remaining unpaid, it shall be the duty of the Trustee of the civil township in which such land is situated (and he is hereby authorized and empowered) to commence and maintain an action, in the name of such township, in the Circuit Court of the county, to re- strain and enjoin the further cutting or removal of such timber. (55) 1. Interest — Cash sales. Interest on deferred payments must be at the rate of six per cent. — g4369. But sales may be made for cash. — g4359. Not so in case of lands forfeited to the school fund. — §4393, Note 1. 2. Injunction. It is the duty of the Prosecuting Attorney to bring the suit of injunction, at the instance of the Trustee. — Baldwin, Atty-Gen. 3. County liable for interest. The county is chargeable with interest on the entire amount of the price of the land, and the default of a purchaser of the land in paying deferred installments, and its consequent forfeiture of the land to the school fund, does not relieve the county of liability for interest on the full amount. — Board of Commissioners v. State, 120 Ind. 442. 4. Bate op interest. The rate of interest on deferred payments for the lands sold prior to the act of March 2, 1889, (§4369), is eight peif cent— Michener, Atty-Gen,, 22 SCHOOL LAW OF INDIANA. [1865, p. 3. Approved and in force March 6, 1865.]' 4347. Forfeiture— Re-sale. On failure to pay such an- nual interest when it becomes due, the contract shall become forfeited, and the land shall immediately revert to the township ; and the Auditor and Treasurer shall proceed, forthwith, again to sell the same, in like manner and on the terms above specified. If, on such second sale, such land shall produce more than sufficient to pay the sum owing therefor, with interest and costs and five per cent, damages, the residue shall, when collected, be paid over to the purchaser or his legal representative. (56) 1. See H344 and 4394. 2. Damages. The damages mentioned here and in §4390 and 4392 belong to the fund from which the loan was made. — Baldwin, Atty-Gen. 3. Overplus. A purchaser who forfeits his land by a failure to pay the annual interest on the unpaid purchase-money, is not entitled to any overplus which may result on a subsequent sale of the land by the State. — Michener, Atty-Gen. 4. Effect op forfeiture — Surplus. A forfeiture under this section does not divert the title of the purchaser to the real estate, but simply authorizes the State to sell the real estate for its own reimbursement, the surplus going to the purchaser.— McPheters i-. Wright, 124 Ind. 560. 5. Eedemftion. a purchaser of school lands having made default in the pay- ment of interest on the purchase, the lands were resold. By the law in force at the time of the purchase, a defaulting purchaser had a right to redeem within one year after the sale ; by that in force at the time of the sale, and at the time of the default, a delinquent purchaser could redeem at any time before the sale, but not after. It was decided that the right to redeem was governed by the latter law. — Moore t. Sea- ton, 31 Ind. 11. 4348. Forfeiture, how prevented. At any time before the sale, payment of the interest due and all costs, together with two per centum damages on the principal sum and interest due and owing for said land, shall prevent such sale, and revive the original contract. (57) 4349. Forfeiture— Liability for waste. In case of such forfeiture, the original purchaser may be sued for waste or unneces- sary injury done to such land. (58) 4350. Suit for waste. Such suit shall be prosecuted by the Auditor, iu the name of the State, for the use of the proper con- gressional township. (59) 435 1 . Private sale. When any land offered for sale at public auction shall remain unsold, the County Auditor may dispose of the same at private sale for the best price that can be had therefor, not being less than the minimum price affixed thereto. (60) 1. When sale authorized. This section authorizes a private sale only where the land has been offered for sale at public auction and remains unsold, — McPheters V. Wright, 110 Ind. 519. SCHOOL LAW OF INDIANA. Z6 4352. Re-appraisement. After the expiration of the term of four years after any appraisement and offer for sale of any lands in this State belonging to any township for school purposes, and such lands remain unsold, it shall be lawful to re-appraise, sell and dispose of said lands in the same manner that they would have been, had such lands not been previously offered for sale : Provided, however. That such ap- praised value shall not be below the minimum price now fixed by law. (61) 4353. Certificate of purchase. A certified statement of such sale shall be made and signed by the Auditor, and, being first re- corded by such Auditor in the record of the Board of County Commis- sioners, shall be delivered to the purchaser when he makes his first pay- ment, and shall entitle him to a deed when the terms of such purchase shall have been fully complied with. (62) 1. Judgment, no lien. A judgment is no lien on land held by a certificate issued under this section. — .Jeffries v. Sherburn, 21 Ind. 112. 4354. Rights of purchaser. Every purchaser, until for- feiture, shall be entitled to all the rights of possession before existing in such Trustee or township, and to all rights and remedies for rents be- coming due or breaches of covenant occurring after his purchase under any lease existing at the time of his purchase, and for all waste commit- ted thereafter. (63) 4355. Failure to make first payment— Penalty. A purchaser at such sale failing to make the first payment as above re- quired shall pay ten per centum on the sum bid, to be recovered by action before any Court having jurisdiction, to be prosecuted by the County Auditor in the name of the State for the use of the proper town- ship ; and the Auditor and Treasurer shall be competent witnesses. (64) 4356. AssigfnmentS. No assignment of a certificate shall be valid unless acknowledged before some officer authorized to take ac- knowledgments of deeds, or before the County Auditor, who shall, in ail such cases, record the same. Assignments of certificates heretofore made before any officer authorized to take acknowledgments of deeds, when re- corded, shall be as valid as if acknowledged before the County Auditor. (65) [1863, p. 11. Approved February 27, 1863, and in force October 10, 1863.] 4357. Defective assignments — Proceedings. Whenever the certificate of the School Commissioner or Auditor of any county of this State, issued for land sold, has been assigned by any person without a proper acknowledgment before the County Auditor or 24 SCHOOL LAW OF INDIANA. Other proper officer, or assigned by delivery, and such assignor is de- ceased, any assignee of such certificate, claiming title to the land de- scribed therein, may file his complaint in the proper Circuit Court, mak- ing the County Auditor and the heirs of such deceased assignor parties thereto. If it shall be proved to the satisfaction of the Court, that the plaintifli" or any party to the cause is the equitable owner of the land, and the purchase-money has been fully paid to the school fund, the Court shall direct the Auditor to execute a proper conveyance to the plaintiff or other parties entitled thereto, although the certificate has not been properly as- signed or the assignment thereof properly acknowledged by the decedent. All other persons claiming any interest in the land may, on their appli- cation, be made parties and heard in the case. The Auditor shall ex- ecute a conveyance, according to the directions of the Court ; and such conveyance shall vest in the grantee the title of said land as fully and to all intents and purposes as if the certificate had been legally assigned and the assignment properly acknowledged. [1865, p. 3. Approved and in force March 6, 1865.] 4358. Loan of purchase-money. When the residue of the purchase-money becomes due, the purchaser may retain the same as a loan for a term not exceeding three years, on payment, annually made in advance, of the interest thereon, at the rate then established by law for the loans of such funds ; but he shall receive no deed until full payment is made. (66) 4359. Payments. Purchasers may, at any time before due, pay a part or the whole of such purchase-money. (67) 4360. Lost certificate. When any such certificate shall be lost before a deed be made, on proof thereof by affidavit of the person interested, or other competent testimony, to be filed with the County Auditor, and after three months' notice of intention to apply for a new certificate, given in some newspaper printed nearest to where the land lies, such Auditor may issue the same to the person entitled thereto. (68) 1. If a certificate is lost, a new one may be issued to the purchaser, even to a grantee of the purchaser.— Hinkle ;;. Morgerum, 50 Ind. 240, 244. 4361. Purchase-money, where paid. The purchase- money and interest, and all costs and damages above provided for, shall be paid to the Treasurer of the proper county, and his receipt thei-efor filed, by the person paying, with the County Auditor, who shall issue his quietus therefor. (69) SCHOOL LAW OF INDIANA. 25 4362. Duty of Auditor. When such payment is in com- pletion of any contract of sale, the amount of such receipt shall be in- dorsed by the County Auditor on the certificate of purchase. (70) 4-363. Deed. On full payment for such land, a deed shall be issued by the County Auditor, and entered upon the record-book of the Board of County Commissioners. (71) [1877, p. 139. Approved and in force February 8, 1877.] 4364. Sale — Legalization. In all cases where school lands have been sold and certificate has either been issued to the purchaser or entered of record in the proper oflfice, or otherwise, so the purchaser en- tered into possession and paid part of the whole of the purchase-money, or could have entered into occupancy, such sale shall be deemed and held a sale under the law, as much as it would be had a deed been made and delivered and the fee had been passed to the purchaser ; and such lands shall be deemed and held as having been sold, so as to make them liable to taxation, within the meaning of the law, as fully and com- pletely as they would have been had a deed been delivered. All ap- praisements of lands so sold, and all assessments of the same for taxes, and all levies and collections of taxes thereon, heretofore made, are hereby legalized and declared to be lawful and valid, and shall in nowise be subject to question by reason of such sale not having been consum- mated by execution and delivery of deed. (1) 1. See E. S. 1881, ?6519. [1865, p. 3. Approved and in force March 6, 1865.] 4365. Title, when complete. Such deed shall be ex- ecuted and acknowledged, at the cost of the grantee, by the County Au- ditor, as in other cases; and, thus executed and delivered, shall vest in the grantee, his heirs and assigns, forever, a complete title to the land. (72) 4366. Sale had without vote. The voters of any con. gressional township may, in the absence of a vote to sell land, and in lieu thereof, petition the Trustee of the township for such sale. Such jDctition, if signed by a majority of all the voters of the township, shall be filed with the County Auditor, and the same proceeding shall be had as provided in section fifty-four [§4345], upon a vote of the inhabitants of the township for such sale. Such petition and certificate shall be re- corded in the record-book of the Trustee of the township and of the County Auditor of the investment of funds held for the benefit of com- mon schools and congressional townships. (73) 1. See ?4329, note 1. After a petition has been recorded, signers thereof can not withdraw their names in order to defeat the sale, 26 SCHOOL LAW OF INDIANA, 4367. Compensation on failure of title. When any officer authorized to sell school lands shall have sold any lands with- out a title thereto, such officer, or his successor in office may convey such other lands of equal value as may be agreed upon by such officer and the purchaser, his heirs or assigns ; or, failing to make such agreement, the purchase-money, with interest, shall be repaid to the purchaser, his heirs, executors, administrators or assigns ; but no such purchase-money shall be thus repaid until the proper Prosecuting or District Attorney shall have investigated the facts of the case and certified to the correct- ness of the claim. (150) 1. The sale of school lands in unauthorized subdivisions, made prior to March 3, 1855, was legalized by an act of 1855 (p. 144). 2. The rate of interest in such case is six per cent. — §4369. 3. This section does not apply to title of lands mortgaged to school fund and sold by the Auditor. — §4383, note 4. [1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.J 4368. Lands of surplus revenue fund, how sold. Where the surplus revenue fund belonging to common schools, in any county in this State, or any jjart of such fund, has by any means become invested or changed into real estate, the Board of Commissioners of such county are hereby authorized to dispose of the same, by sale, in such manner as may seem best for the interest of the common school fund, and to I'e-invest the proceeds of such sale in the manner directed by law for the investment of other moneys belonging to the common school fund. (1.) 1. Note. This section is probably obsolete since the consolidation of the school funds. [1889, p. 81. Approved and in force March 2, 1889.] 4369. Loans of fund— Interest. The principal of all moneys, whether belonging to the common school fund or to the con. gressional township school fund, received into the County Treasury, shall be loaned at six per cent, per annum, payable annually in advance, and the interest paid out as prescribed by the school law of this State, and not otherwise; and any judgment upon any note or mortgage for any part of said fund shall bear six per cent, interest from the date thereof till the same is paid. (1) 1. Repeal. This section repeals the old seventy-fourth section of the school law, although it makes no reference to it, being an independent act. It has a re- pealing section attached to it, in the following words, viz : All laws or parts of laws in conflict with this act are hereby repealed. Acts 1889, p. 81. 2. Rebate. An agreement to rebate a portion of the interest out of the county revenue is without authority of law and of no effect. — Michener, Atty-Gen. SCHOOL LAW OF INDIANA. 2*7 3. Judgment. Judgiuent rendered on school fund mortgages prior to the tak- ing effect of thii> section as amended bear eight per cent, interest. — Michcner, Atty- Gen. 4. Prior sale of congressional lands. The rate of interest on deferred pay- ments for congressional township school lands sold prior to March 2, 1889, is eight per cent. — Michener, Atty-Gen. [1883, p. 75. Approved and in force March 3, 1883.] . 4369 a. Advertisement of funds. Whenever, in any county of the State of Indiana, the school fund or part of the school fund, apportioned to such couniy to be loaned out, remains unloaned, it shall he the duty of the Auditor of said county to advertise, in the months of January, April, July and October, for three consecutive weeks, in a weekly newspaper published in said county, that such amount of the school fund remains unloaned, and tliat applicants for loans can secure the same by applying at his office and fulfilling the requirements of the law under which he is authorized to loan out the school fund. (1.) [Acts 1865, p. 3. Approved and in force March 6, 1865.] 4870. Auditor's duty. Such loans shall be made by the County Auditor, who shall inform himself of the value of the real estate offered in the mortgage and be eatisfied of the validity of the title thereof; and all person!? applying for a loan shall produce to said Auditor title-papers, showing to his satisfaction, a good and sufficient title in fee-simple, without incumbrance, [and] not derived from sale for taxes. (75) 1. Prior mortgage. The existence of an incumbrance to the knowledge of the Auditor does not invalidate the mortgage as against the borrower. — Deming v. State. 23 Ind. 416. 2. Personal security. A loan on personal security only, without a mort- gage, though a violation of the Auditor's duty, is nevertheless binding upon the bor- rower and the surety. — Scotten v. State, 51 Ind. 52. 3. Loan to himself unlawful. A mortgage executed by a County Auditor to secure a loan of a part of the common school fund made to himself is valid or in; valid at the option of those having the supervisory control of the fund. The loan is unlawful as against public policy, and is a breach of the Auditor's official bond- but the mortgage may, both to the Auditor and those claiming under him, be re- sorted to and enforced as a means of reimbursing the fund, looking to the Auditor and his sureties for any deficiency that may remain after the mortgaged land has been exhausted. — State v. Levi, 99 Ind. 77. See also Stockwell v. State, 101 Ind. 1 ; State V. Greene, 101 Ind. 532, and Ware v. Ware, 74 Ind. 181. 4371. Appraisement. The Auditor shall require three dis- interested freeholders of the neighborhood to appraise any land offered in mortgage. (76) 28 SCHOOL LAW OF INDIANA. 4372. Duty of appraisers. Sucli appraisers, being first officially sworn, shall examine and appraise such land, and sign and give to the applicant a certificate, setting forth the fair cash value of the land at the time, without taking into consideration perishable improvements. (77) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 4373. Loans outside of county. In making such loans preference shall be given to the inhabitants of the county : Provided, That whenever any of such funds shall have remained in the treasury of any county to which the same may belong for a period of three months, without being loaned to any inhabitant of said county, then the Auditor of said county may loan the same to any freeholder of any other county in Indiana upon his complying with the law regulating such loans.- When the land received as security for any such loan is situated in any county of the State other than the one in which the loan is made, and there is default in the payment of interest or principal, the Auditor of the county making the loan shall at once transmit to the Auditor of the county where the land is situated a certified copy of the note and mort- gage given for the loan, with a statement of such default in payment, and the Auditor of such latter county shall, upon such certified copy, at once proceed to enforce the collection of such loan either by suit or sale of the land, as is now provided by law ; and, after receiving such certi- fied copy by said Auditor, all steps taken, and all proceedings had, with reference to said loan or the land which was mortgaged shall be the same as if the loan had originally been made out of the funds belonging to said county ; and all money collected or realized upon such loan shall at once, as soon as collected or realized, be paid over to the Auditor of the county having made the loan. (78) 1. Heretofore loans could not be made on property situated outside the county. Skelton v. Bliss, 7 Ind. 77. 4374. Limit of loan. The amount loaned to any person shall not exceed two thousand dollars. (79) 1. See also §4378. The limit previous to this act was one tliousand dollars. [1881, p. 99. Approved and in force April 14, 1881.] 4375. Certificate as to liens. An applicant for a loan of a part of the common school fund or of the congressional township school fund shall file with the Auditor of the county the certificate of the Clerk and Recorder of the county, that there is no incumbrance on the land of- fered as a security for the loan in either of said offices : Provided, That where the records, books and papers of the Clerk's office have been de- SCHOOL LAW OF INDIANA. 29 stroyed by fire, the Clerk's certificate shall only state the fact and date of such destruction, and that there is no incumbrance on said land appearing from any of the records, books and papers then on file in his ofiice, and that there is no incumbrance on said land in his office of which he has any knowledge. The applicant shall also, in such case, execute to the State of Indiana, for the benefit of the common school fund, a bond, with one or more freehold sureties to the approval of the Auditor, conditioned for the payment of so much of the loan as may be lost by reason of any in- cumbrance or lien upon the land which was evidenced by the records, books or papers in the Clerk's office which have been destroyed. (1) 1. Gas or oiIj IjEASE. A lease of lands for the purpose of drilling oil or gas wells, or for the purpose of piping oil or gas, is an incumbrance on such lands within the meaning of this statute. — 3Iichener, Atty-Gen. 2. Evidence. For the purpose of showing that the law was complied with in making a loan, the certificate of the Clerk and Kecorder, and the affidavit of the mortgagor, are competent evidence to show a compliance with this statute. Stock- well V. State, 101 Ind. 1. [1865, p. 3. Approved and in force March 6, 1865.] 4376. Oath of AppI i cant . Such applicant shall make oath that there is no incumbrance or better claim, that he knows of, and that the abstract of the title presented by him is, as he believes, a true one. (81) 1. A failure to make the affidavit does not render the sale void. — Winstandley V. Crim, 117 Ind. 328. 4377. Time of loan. No loan shall be made for a longer term than five years. (82) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 4378. Limit of loan. The sum loaned shall not exceed one- half of the appraised value of the premises proposed to be mortgaged, clear of all perishable improvements : Provided, That where such premises are situated in a county other than that which such fund may belong, the sum loaned thereon shall not exceed one-fourth of the appraised value of such premises, exclusive of perishable improvements. Such value to be determined by existing laws of the State of Indiana. It is hereby made the duty of the Board of Commissioners of each county in this State, at their first regular session after the taking effect of this act, to appoint in each Commissioner's district of the county three reputable freeholders, any two of whom, without the concurrence of the third, may act as school fund appraisers, whose duty it shall be upon oath to make all the appraise- ments of lands in their respective districts, required in this act or in the act of which this is amendatory. Said appraisers, or any of them, may 30 SCHOOL LAW OP INDIANA. be removed and new ones appointed by said Board at any regular or special session, and in case any of such appraisers is at any time disquali- iSed, by reason of kinship or interest, from acting, the appraisement shall be made by the other appraisers, who, in case of a disagreement, shall select a third appraiser. Said appraiser shall receive the same compensation for making each appraisement, and be paid in the same manner as such appraisers are now paid. (3) 1. See also §4374. [1865, p. 3. Approved and in force March 6, 1865J 4379. Acknovt/Iedgrments and oaths. The Auditor shall have the power to administer all oaths and take all acknowledg- ments required by this act. (84) 4380. Record of mortgages—Priority. Mortgages taken for such loans shall be considered of record from the date thereof, and shall have priority of all mortgages or conveyances not previously recorded, and all other liens not previously incurred, in the county where the land lies. (85) 1. Lien without record. A school fund mortgage is a lien upon the land as to subsequent purchasers without being recorded. — West v. Wright, 98 Ind. 335. 2. Parties holding or claiming through the mortgagor in a school fund mortgage are bound to take notice of the mortgage, though not recorded. A school fund mort- gage is not void as to the State because the County Auditor has made the loan to himself. Such mortgage draws the same interest after foreclosure as before matur-- ity.— Stockwell v. State, 101 Ind. 1. 3. Tax title subject to mortgage. The purchaser and grantee of real estate, under the tax deed, takes his title to such real estate under the provisions of E. S. 1881, §6479, and subject to all the claims which the State may have thereon for taxes, or other liens or incumbrances, such as a mortgage executed thereon to the State, as a security for the payment of a loan to the school fund, prior to such tax sale and the execution of such tax deed. This is sO, although the taxes for which the real estate was sold, had been assessed and delinquent before the execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. So a sale of lands for taxes which accrued after the execution of a school fund mortgage is subject to the mort- gage lien. — Stockwell v. State, 101 Ind. 1. Where a mortgage to secure a school fund loan is assumed by the purchasers of the real estate, the mortgagors to whom the loan was made do not, by a subsequent purchase of the real estate sold by the Auditor to satisfy the mortgage, take the property divested of liens for taxes asserted by the city in which the property is situated. — City of Logansport v. McConnell, 121 Ind. 416. 4381. Auditor's duty. The Auditor shall cause such mort- gages to be recorded immediately, retaining the cost of recording out of the money borrowed. (86) 1. Acknowledgments. If the mortgage be recorded, not being acknowledged or proved as our general laws require to admit mortgages to record in the Eecorder's SCHOOL LAW OF INDIANA. 31 office, such record is no notice to subsequent bona fide purchasers. But the act of 1843 (nowi^4380) requires that such mortgages shall be deemed recorded from their date; and this is notice. — Deming v. State, 23 Ind. 416. 4382. Fees. The following fees only shall be charged in cases of mortgage for loans : To each appraiser, fifty cents ; for recording mortgage, one dollar ; for drawing mortgage, one dollar ; for making borrower's affidavit, ten cents; for Clerk's certificate, fifty cents; for Recorder's certificate and examining title, each one dollar; which shall be paid by the borrower. (108) 4383. Interest unpaid— Auditor's duty. On failure to pay any installment of interest when the same becomes due, the prin- cipal sum shall forthwith become due and payable, and the Auditor may proceed to collect the same by suit on the note, or by sale of the mort- gaged premises. He may also, by suit, recover the possession of the mortgaged premises before sale thereof; and he shall, on the fourth Monday in March, annually, offer for sale all mortgaged land on which payments of interest are due on the first day of January and unpaid on the day of sale. (87) 1. Statute mandatory. In selling lands, the Auditor must strictly follow the requirements of the statutes upon the subject. Where sale is made to make a greater sum than is due, the sale is void ; and where the borrower has made a pay- ment of interest, and failed to file the Treasurer's receipt with the Auditor, it will not excuse the Auditor for selling to make a sum greater than is really due. — Key V. Ostrander, 29 Ind. 1 ; Arnold v. Gaff", 58 id. 543. The law in force at the time of sale, providing the method, notice, and other elements of remedy, governs the sale. — Webb v. Moore, 25 Ind. 4; Jones v. Hopkins, 26 id. 450 ; Moore v. Seaton, 31 id. 11. 2. Merger op mortgage. After obtaining judgment and foreclosure by suit, the mortgage is merged; the Auditor can not, then, sell under it, and such sale is a nullity. — Farris v. Cravens, 65 Ind. 262. 3. No WARRANTY. The State does not warrant the title of lands sold on ac- count of the school funds. Officers should see that lands mortgaged to secure the school funds are properly described and unincumbered, but the purchaser at the mortgage sale takes whatever title he gets, and there is no law authorizing the re- funding of purchase money by the officers. — Woollen, Atty-Gen. 4. Title ebom the State. The title of a purchaser from the State, after the State has acquired title upon a forfeiture against a school fund borrower and mort- gagee, takes precedence of any tax-deed or lien, whether State, city or county, for taxes that accrued subsequent to the school fund loan. — Baldioin, Atty-Oen. 5. Can not release without payment. The Auditor of a "county has no authority to release a school mortgage unless the money is paid, and where a party is entitled by his contract to an unincumbered title, he is not compelled to accept a conveyance of land thus encumbered, though the Auditor has released the mortgage of record. — Conley v. Dibber, 91 Ind. 413. 6. When Auditor may proceed. The Auditor may proceed, immediately 32 SCHOOL LAW OF INDIANA. upon default in the payment of the principal or interest, to collect the entire mort- gage due, and he has no discretion in offering for sale, on the fourth Monday in March, all such lands in default on the first day of January. — A. G. Smith, Ally- Gen. [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 4383a. Collection on default. It shall be the duty of the Auditor of each county, in case default shall be or has been made in the payment of principal or interest of any school fund loan, to at once proceed to enforce the collection of such principal or interest, as the case may be ; and any Auditor who shall fail or refuse to comply with the re- quirements of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding one thousand dollars. (4) 1. Auditor's duty. This section is properly supplemental to section 4383 and the two should be read and interpreted together. In explanation of ^4383, the At- toraey-General has given the following opinion : The statute (§4383.) provides that on failure to pay any installment of in- terest when the same becomes due, the principal sum shall forthwith become due and payable, and the Auditor may proceed to collect the same by suit on the note, or by sale of the mortgaged premises. He may also by suit recover the possession of the mortgaged premises before sale thereof, and he shall, on the fourth Monday in March, annually, offer for sale all mortgaged lands on which payments of interest ai-e due on the first day of January and unpaid on the day of sale. It was in- tended that the County Auditor should possess a speedy and summary remedy to enforce collection. If he was required to sell on the fourth Monday in March only, then in many instances the officer could not enforce collection for a year after the delinquency and defalcation. In many counties the officer has made sales under the statute at other times than the fourth Monday in March. In Cole r. Miller, 60 Ind. 463, the sale of the mortgaged land was made February 20, 1875, and the sale was sustained by the court. Every part of a statute should be so con- strued as to give it effect. It is my opinion, that on failure to pay any install- ment of interest when the same becomes due the County Auditor is authorized to sell the land at any time, after sufficient and proper notice. The duty imposed on him by statute "to offer for sale, on the fourth Monday in March, annually, all mortgaged lands on which payments of interest are due on the first day of January, and unpaid on the day of sale," is intended to be mandatory. He may sell at any time after defalcation by the creditor, and lawful notice thereof, but must offer for sale on the fourth Monday in March, annually, all mortgaged lands on which payments of interest are due on the first day of January and unpaid on the day of sale. — Hard, Atty-Gen. 2. PENAI4TY. By this section the County Auditor is required, under penalty, to do what, according to the Attorney-General's opinion, he was authorized to do by section 4383, namely, to enforce collection of principal or interest of loans whenever default shall be made in the payment thereof, not waiting for the fourth Monday in March. But section 4383 is in force as to the manner of pro- cedure. The usual legal notice must, of course, be given. — Holcmnbe, Supt, SCHOOL LAW OF INDIANA. 33 [1865, p. 3. Approved and in force March 6, 1865.] 4384. Fund to be specified. The mortgage may be, in substance, as follows ; and the Auditor shall specify therein whether the same belongs to the common school fund or to the congressional township fund, and, if the latter, the particular township or townships whose funds are thus loaned. C88) 1. The omission to state the particular fund does not render the mortgage void. See Benefiel v. Aughe, 93 Ind. 401, 407 ; and Ellis v. State, 2 Ind. 262. 4385. Form of mortgagre. I, A. B., of the county of -, in the State of Indiana, do mortgage to the State of Indiana, for the use of [here describe the fund out of which the loan was "made] all [here describe the land], for the payment of dollars, with interest at the rate of eight per cent, per annum, payable annually in advance, according to the conditions of the note hereto annexed. (89) 1. Wife's signature. In the form prescribed, there ia no mention of relin- quishment of dower, inasmuch as tenancies in dower are abolished. The wife, how- ever, is a prospective owner of the land held by the husband, and she should join him in signing the mortgage prescribed for securing loans from the school fund. — Larrabee, Supt. 2. Assignment to subsequent mortgagee. Whenever a school fund mort- gage becomes collectible on account of failure to pay interest or any other failure on the part of the mortgageor, by which it becomes necessary to foreclose in order to recover the money, then such mortgage may be assigned to the holder of a sub- sequent mortgage upon payment of the amount due. — Woollen, Atty-Gen. 3. Description. A description of land in a school fund mortgage as "the northeast part" of' a specified tract, "containing ninety acres," is insufficient, and an Auditor's sale made thereunder is invalid. — Burk 7;. Axt, 85 Ind. 512. If the mortgage does not contain a proper description of the land, such description may be corrected on a decree to foreclose the mortgage. — Noland r. State, 115 Ind. 529. 4. Presumption. A deed or mortgage made in the form prescribed by the law of this State, and purporting to ht^ve been acknowledged in this State, between parties residing in the State; and containing nothing to indicate a contrary inten- tion, will be presumed by the courts to be of land in this State. Where both the county and State are omitted from the description of land embraced in a mortgage, but it appears on the face of the mortgage that it was executed by parties residing in a certain county for the purpose of securing a loan of school funds borrowed by the mortgagor through the Auditor of that county, it will be presumed, without more, that the land is there situated.— Mann v. State, 116 Ind. 383. Quave: Would this rule of presumption prevail now, since Auditors may lend outside of their counties? 5. Cancelling mortgage. In an action to set aside and cancel a school fund mortgage, the County Auditor is not a proper defendant, and a judgment against such officer in such actions will not bind the State, it not being a party, and it is very doubtful if the State can even be thus sued. — Crooks r. Kennett, 111 Ind. 347; see Snodgrass v. Morris, 123 Ind. 425. 3~ScH. Law. 34 SCHOOL LAW OF INDIANA. 4386. Form of note. The note accompanying the same may be in substance as follows, to-wit: I, A. B., promise to pay to the State of Indiana, for the use of [here recite the particular fund], on or before , the sum of dollars, with interest thereon at the rate of eight per cent, per annum in advance, commencing on the day of , 18— ; and do agree that, in case of failure to pay any in- stallment of interest when the same shall become due, the principal sum shall become due and payable, together with all arrears of interest ; and on failure to pay such principal or interest when due, two per cent, damages shall be collected, with costs, and the premises mortgaged may be sold by the (bounty Auditor for the payment of such principal sum, interest, damages and costs. (90) 1. A mortgage executed to secure a note attached to it is binding, though the note is not signed ; and there is no error in allowing the note to be read in evidence, it being a part of the mortgage. — McFadden v. State, 82 Ind. 558. 4387. Warrant to borrower. On making a loan of any fund, the Auditor shall draw his warrant in favor of the borrower upon the County Treasurer, who shall charge it to the proper fund. (91) 4388. Payments — Quietus. All loans refunded and all interest shall be paid to the County Treasurer, and his receipt shall be filed with the County Auditor, who shall give the payer a quietus there- for, and make proper entries. (92) 1. Note. The Auditor is bound to take notice of a payment to the Treasure i", wliether or not receipt has been filed with him. — Key i'. Ostrander, 29 Ind. 1. 4389. Indorsements and satisfaction. Whenever the amount due on any mortgage shall be paid, and the Treasurer's re- ceipt therefor filed, the Auditor shall indorse on the note and mortgage that the same has been fully satisfied, and surrender -the same to the person entitled thereto ; and, on production of. the same thus indorsed, the Recorder shall enter satisfaction upon the record. (93) 1. Entry of satisfaction. The County Recorder can enter satisfaction of a school fund mortgage before foreclosure only upon indorsement by the County Au- ditor that the same has been fully paid. — Stock well v. State, 101 Ind. 1. 2. Eelease without payment, a release of a mortgage by the County Au- ditor without payment is invalid.— Conley v. Dibber, 91 Ind. 412. 4390. Suit for deficiency. In all cases when the mort- gaged premises shall fail to sell for a sum sufficient to satisfy the prin- cipal and interest of the loan made, and the damages accrued by reason of such failure, and costs, the County Auditor shall bring suit on the notes executed by the mortgagor; and whenever judgment shall be SCHOOL LAW OF INDIANA. 35 rendered thereon, no appraisement of property bhaii .be allowed on exe- cution issued on such judgment. (94) 1. The REiiATOR. The County Auditor is the proper relator in a suit to re- cover school funds loaned. — Scotten v. State, 51 Ind. 52. 2. Damages. See 'i 4347, note 2. 3. When suit may be brought. See 2 4394, note 2. 4391. Notice of sales. Before sale of mortgaged premises, the Auditor shall advertise the same in some newspaper printed in the county where the land lies, if any there be, (otherwise, in a paper in the State nearest thereto), for three weeks successively, and, also, by notice set up at the court-house door and at three public places in the township where the land lies. (95) 1. Length of notice. The legislature may change the requisite length of notice even after the mortgage has been given. — Jones v. Hopkins, 26 Ind. 450. 2. No compensation. The Auditor is not entitled to compensation for post- ing notices of sale. — The Board v. Leslie, 63 Ind. 492. 3. Sale without notice. A sale without notice is not such new matter as will entitle the mortgagor to a new trial in an action brought to recover for a defi- ciency of the amount owed by him. — Peyton v. Kruger, 77 Ind. 486. 4392. Manner of sale— Surplus. At such sale (which shall be held at the court-house door), the Auditor shall sell so much of the mortgaged premises, to the highest bidder, for cash, as will pay the amount due for principal, interest, damages and costs. When less than the whole tract mortgaged shall be sold, the quantity sold shall be taken in a square form, as nearly as possible, off the northwesterly corner of said tract ; and when less than the whole of any in-lot or out-lot of any town or city, shall be sold, the part sold shall be laid out and taken oft", so that it shall extend from the mS,in or principal street or alley on which the said lot fronts, to the rear thereof, to divide the same by a line as nearly parallel with the boundaries of said lot as practicable ; and if less than the whole is sold, the Auditor, in his notice of sale, shall indicate off of which side or end of said lot the part to be sold shall be taken ; and if more than one tract of land is included in the mortgaged premises, the Auditor shall elect which tract or tracts shall be sold, saving to the mortgagor, if practicable, the tract on which his house is located. If a tract of land so mortgaged, and liable to be sold to satisfy the mortgage, can not be divided without materially diminishing the value of such tract ; or if any in-Iot or out-lot be indivisible, by reason of extensive buildings or other improvements thereon, the Auditor may sell the whole thereof, and, after paying the amount due for principal, inter- est, damages and costs, out of the purchase-money, shall pay the bal- ance, if any, to the mortgagor ; and if the Auditor sell any part of a \- 36 SCHOOL LAW OF INDIANA. tract of land, out-iot, or in-lot for more -than the amount of principal, interest, damages and costs, the excess, if any, shall be paid to the mortgagor. (96) 1. Division immateeial. Tke Auditor can sell in no other way than that provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set aside a sale made by the Auditor, where the mortgage debt, penalty and costs aggregated one hundred and fifty-two dollars and twenty cents, though the land was worth four thousand dollars, and could have been divided without materially diminishing its value, it was held to be immaterial that he did not, at the sale, offer any part in the form of a square, or otherwise, oh of the northwest corner thereof. — Arnold v. Gaff, 58 Ind. 543. See notes 5 and 9. 2. The excess. If the mortgagor has sold the land to another person, and the purchaser has assumed the mortgage, such purchaser would be subrogated to the mortgagor and entitled to receive the excess. — Baldwin, Atfy-Gen. 3. Tax sale. The lien of the State upon land mortgaged to the school fund is not affected by a sale of the land for taxes, and the State need not redeem to save its rights. The purchaser at the tax sale takes title subject to the school fund mortgage. — Woollen, Att'y-Gen. 4. Statute arosT be pursued. The County Auditor, in making a sale of land in satisfaction of a school fund mortgage, has no power to sell in any other mode than that prescribed by the statute, and the burden is upon one claiming title under such a sale to show that the statutory requirements have been strictly pursued. — Haynes v. Cox, 118 Ind. 184. 5. Portion sold. Where the Auditor, in selling less than the whole tract mortgaged, does not take the quantity out of the northwesterly corner of the tract, as required by the statute, but, on the contrary, takes it from another and entirely distinct portion thereof, he exceeds his power and the sale is invalid.^Haynes r. Cox, 118 Ind. 184. See notes 1 and 9. 6. Statute iniust be strictly pursued. In a sale of real estate the statute must be strictly pursued, or the sale will be void. — Williamson r. Doe, 7 Blackf. 12; Benefield v. Aughe, 93 Ind. 401; Ferris i: Cravens, 65 Ind. 262. 7. Sale for more than due. A sale for a sum greater than is due at the time of the sale is void. — Betson v. State, 47 Ind. 54; Key v. Ostrander, 29 Ind. 1; Vail t'. McKernan, 21 Ind. 421; Board of Com. ei. State, 122 Ind. 333; Brown v. Ogg, 85 Ind. 234. 8. Redemption. The purchaser takes an absolute title, and junior incum- brancers have no right to redeem from the sale.— Schnantz v. Schellhaus, 37 Ind. 85. 9. Sale in parcels. The County Auditor need not offer the mortgaged premises in parcels, where they are described in the mortgage as a single tract. — Shannon v. Hay, 106 Ind. 589. See notes 1 and 5. 10. Appraisement. Upon the foreclosure of a school fund mortgage, the court may order the land sold without appraisement. — Stockwell v. State, 101 Ind. 1. 11. Quieting title. One whose land has been sold to satisfy a school fund mortgage executed by him. can not maintain an action to quiet title against the purchaser, although the sale was void, without first paying or tendering to the latter the amount paid by him. — Shannon v. Hay, 106 Ind. 589. 12. Kate of interest. A school fund mortgage draws the same interest after as before maturity. — Stockwell v. State, 101 Ind. 1. SCHOOL LAW OF INBIANA. 37 p. 314. Approved and in force March i), 1889.] 4-393. Auditor's bid. In case of no bid for the amount due, the Auditor shall bid in the same on account of the fund, and, as soon thereafter as may be, shall sell the same — having first caused it to be appraised by three disinterested freeholders of the neighborhood — upon the following terms, viz. : one-third cash in hand, and the bal- ance in four equal installments, due in one, two, three and four years, respectively, from the day of sale, bearing interest at six per cent, per annum, payable annually in advance ; but no such sale shall be for a less sum than the appraised value thereof. (97) 1. Statute mandatory. The Auditor has no power to sell for cash, nor on a credit of less than five years, nor without first having the land appraised, nor for a less sum than the appraised value. — Ferris %\ Cravens, 65 Ind. 262. 2. More than one appraisement. If the appraisement is found to be too high, the Auditor may have a re-appraisement made, and sell the property under the modified valuation. Any other construction might work irreparable damage to the fund, as property might never sell for the amount of the first appraisement, and might thus become a worthless investment. — Woollen, Att'y-Gen. 3. Duty of Auditor. It is the duty of the Auditor to offer the mortgaged premises in the manner prescribed by the statute ; and, if, after offering it for sale in that manner, no one bids the amount due, he must bid the property in for the use of the fund secured by the rqortgage. — Haynes v. Cox, 118 Ind. 184. 4. Eeimbuesing county. Where the mortgagor fails to pay the interest for a number of years, and during those years the county pays it out of its general fund, and afterwards the mortgage is foreclosed, and the land is bid in by the Au- ditor on account of the school fund, and subsequently the land is sold and con- veyed to a third party, the school fund is only entitled to the principal of said loan and the interest thereon, until after the county treasury is reimbursed because of the interest it has paid to said fund on account of said loan. Board of Com. v. State, 122 Ind. 333. 5. Surplus. This section is construed with section 4394. Whenever the land is sold, the county takes out the amount of principal of the mortgage for which it was bought in, the amount of interest, damages and costs, and the surplus goes to the original mortgagor or his grantee. — Board of Com. v. State, 122 Ind. 333. 6. Section 4347. Section 4347 has no reference to a sale under this section. — Board of Com. v. State, 122 Ind. 333. [1865, p. 3. Approved and in force March 6, 1865.] 4394. ' Sale of lands bid in. Lands heretofore bought in on account of the fund, which have been appraised, shall be sold in like manner ; and if, upon sale of any such land, a sura is realized which is more than sufficient to pay the principal, interest, damages and costs, the overplus shall be paid to the original mortgagor, his heirs or assigns, ' when collected. (98) 1. Compare § 4347, and § 4393, note 5. 2. Suit on note. A suit can not be brought on the note by the County Au- ditor, where he has bid in the property mortgaged to secure such note, until he has 88 SCHOOL LAW OF INDIANA. made tlie subsequent sale required by this section, and failed to realize enough to satisfy the amount due. — Clark v. State, 109 Ind. 388. 3. Taxes. The lien of taxes which accrued on lands mortgaged to the school fund subsequent to the mortgage, is merged in the fee, where the land is bid in by the county, and taxes can not accrue on the land subsequently, until a purchase certificate is issued on a sale thereof. — Michener, Att'y-Gen. See Hamilton r. State, 1 Ind. 128; Groom v. State, 24 Ind. 255. [1883, p. 79. Approved and in force March 3, 1883.1 4394 a. Re-appraisement of forfeited lands. All lands which have become forfeited and have reverted, or may here- after be forfeited and revert to the various townships in the several counties of this State, for failure to pay the interest or principal of the amount due thereon to the school fund, and which have remained, or hereafter remain unsold for the period of three years, by reason of the amount due thereon being in excess of the values of said lands, may be re-appraised and sold for a sum not less than said re-appraised value thereof; such re-appraisement and sale to be made in the same manner and upon the same terms and conditions as is now prescribed by law for the appraisement and sale of such lands. (1) 1. Note. Section 4352 pi-ovides for the re-appraisement and sale of any lands in this State belonging to any township for school purposes, which is presumed to include lands forfeited in the manner indicated in this section. If such is the case, this section supersedes section 4352 as to such forfeited lands, but not as to congres- sional township lands which have never been sold. 2. Sections 4347 and 4348 relate to the forfeiture and resale of lands originally belonging to and sold by the congressional townships, sections 4383-4393 to forfeit- ure and resale of lands mortgaged to secure loans from either of the school funds. When a sale has not been effected on the appraisement required by section 4393, this section authorizes a re-appraisement and sale at the end of three years. Com- pare 4393, note 2. 4394 b. Appropriation by Commissioners. Upon the sale of such lands as provided for in the preceding section of this act, the Board of County Commissioners of the several counties in which said lands are situated, may make an appropriation, from the general county funds, a sum equal to the difference between the amount for which said lands shall have been forfeited and the amount for which such lands shall have last sold ; said sum appropriated to be placed to the credit of the proper fund, and loaned as other school funds are loaned. (2) 1. Note. The duty of the Board to make such appropriation is imperative, since the county is liable for all deficits in the funds entrusted to it. — ? 4326, note 2. 4394 c. Repeal of conflicting laws. All laws and parts of laws in conflict Avith the provisions of this act are hereby repealed. (3) SCHOOL LAW OF INDIANA. 39 [1865, p. 3. Approved and in force March 6, 1865.1 4395. Deed by Auditor. Upon full payment being made for such lands, the deed therefor shall be executed by the County Au- ditor, and shall be entered in the record of the Board of County Commis- sioners before delivery. (99j 1. Kecord of deed, a recording of the deed in the Commissioners' record is a condition precedent to its delivery, and a necessary step in the sale. — Arnold V. Gaff, 58 Ind. 543. 2. The deed as evidence. It is the deed alone that vests the title in the purchaser, and if the deed does not state that the proper steps have been taken to perfect a sale, it is no evidence that those steps have been taken. — Williamson v. Doe, 7 Blackf. 12. 3. Tendee. of deed. A suit for the purchase-money can not be made with- out tender of a deed for the property, recorded as requked above, noj; absolute but conditional upon payment therefor. — Johnson v. State, 74 Ind. 588. 4. Payment. The amount bid is paid to the Treasurer, and not to the Au- ditor.— Cole V. Miller, 60 Ind. 463. 5. Taxes. The title of the purchaser vests in the purchaser freed from all assessment and taxes made or levied between the date of the mortgage and the date of the deed. — Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255. 6. Subrogation. If the sale prove invalid, and is set aside, the purchaser may be subroga,ted to the rights of the State in the mortgage. — Willson v. Brown, 82 Ind. 471. 4396. Statement of sales. At the public sale at the court-house door provided for in this Act, the County Treasurer shall also attend, and make a statement of such sales, which shall be signed by the Auditor and Treasurer, and after being recorded in the Auditor' s office, shall be filed in the Treasurer's office ; and such record, or a copy thereof, authenticated by the Auditor's or Treasurer's certificate, shall be received as evidence of the matters contained therein. (100) 1. Note. This statement must be signed by bo{h Auditor and Treasurer, or the sale will be void.— Arnold r. Gaff, 58 Ind. 543. 4397. Title in State without deed. When any land is laid [bid] off by the Auditor at such sale, no deed need be made therefor to the State ; but the statement of such sale, and the record thereof, shall vest the title in the State, for the use of the proper fund. (101) 4398. Annual re port. County Auditors and County Treas- urers shall annually report, in writing, to the Boards of County Com- missioners of the respective counties, al! the June sessions of said Boards relative to the school-fund held in trust by said counties, distinguishing, in said reports, between the congressional township and common-school funds; indicating the amount thereof; the additions to them within the current year then ending ; the sources from whence such additions are 40 SCHOOL LAW OF INDIANA. derived ; the condition of them as to their safety, giving the amount thereof safely invested, unsafely invested and uninvested, and loss, at the date of said reports ; giving also the amount of interest collected upon said funds within the year then ending, and the amount then due and unpaid. (103) 1. See §4404. 4399. Duty of Boards. The Boards of County Commisv sioners shall, annually, at their June sessions, in the presence of the Auditors and Treasurers, examine said reports, the accounts, and pro- ceedings of said officers in relation to said funds, and the revenue de- rived from them. They shall compare with said reports, the cash, the notes, mortgages, records, and books of said officers, with a view to ascertain the amount of said funds and their safety ; and to do whatever may be necessary to secure their preservation and the prompt payment of the annual interest thereon as the same becomes due ; and make up to said funds losses which have accrued, or may accrue. (104) 1. Lost funds. If any of the school fund, principal or interest, is lost, the Superintendent of Public Instruction may direct the proper Prosecuting Attorney to institute suit against the county for its recovery. — § 4413. If suit is not brought within one year after cause of action has accrued, the Attorney-General may bring it. — Acts 1889, p. 124, jJ 9. The Prosecuting Attorney is not authorized to bring suit at his own instance.— E. S. 1881, ? 5864. See also ? 4326, note 2. 2. Suit. An action may be brought in the name of the State on relation of the Board of County Commissioners to recover congressional school funds. — Groves V. State, 9 Ind. 200; Butler Rogers v. Gibson, 15 Ind. 218. 4400. Board's report. Each Board of County Commis- sioners, at said session, shall make out a report, in writing, of the result of such examination, showing — First. The amounts of said funds at the close of last year. Second. The amount added from sale of land within the year. Third. The number of acres of unsold congressional township school lands, and the approximate value thereof. Fourth. The amount added from fines and forfeitures. Fifth. The amount added by the commissioners of the sinking fund. Sixth. The amount added from all other sources. Seventh. The total amount of the funds. Eighth. The amount refunded within the year. Ninth. The amount re-loaned within the year. Tenth. The amount safely invested. Eleventh. The amount unsafely invested. Twelfth. The amount uninvested. Thirteentk The amount of fund lost since 1842. SCHOOL LAW OE INDIANA. 41 FourteetitTi. The amount of interest collected within the year. Fifteenth. The amount of interest delinquent. And in such repoi-t,, said Board shall distinguish between the congres- sional township fund and the common school fund ; and in its account of the interest or revenue derived from said funds, it shall observe the same distinction. (105) 1. Unsafe investments. Commissioners are not justified in reporting money as safely invested on the ground that the county is liable for the funds entrusted to it, and therefore the State can suffer no loss. If any money has been loaned on personal security it should be reported as unsafely invested, such loans being con- trary to law. — 'i 4370, note 2. 2. Clause 13. Clause 13 of the above section is obsolete. — LaFollette, Supt. Pub. Inst. 4401. Disposition of report. Such report shall be en- tered on the records of said Board ; and copies thereof, signed by the members of the Board, the Auditor, and Treasurer, shall be transmitted to the Auditor of State and the Superintendent of Public Instruction. (106) 4402. Apportionment of loans. Where the whole of the school funds of a county have been loaned, the Auditor shall appor- tion to each congressional township a sufficient number of mortgages to cover the principal of its congressional township fund ; and where a part of the school funds only are loaned, the Auditor shall so apply a propor- tional amount; and the cash on hand, when loaned, shall be for the benefit of the congressional townships, respectively, to the amount of the entire principal of its congressional township fund ; and in all loans made after the taking effect of this Act, the note and mortgage shall specify the particular fund borrowed. (152) 1. Note. This section prescribes the manner of carrying out the provisions of § 4327, and should have been placed after it in the Eevised Statutes. If in any instance its provisions have not been complied with, it is still in force and must be obeyed. [1879 S. p. 102. Approved and in force March 29, 1879.] 4403. Miscellaneous school fund account. It shall be the duty of the Auditor in each county to open an account with the congressional township school fund, to be styled the "Miscellaneous School Fund Account." He shall transfer to said account, from each township account, all sums on hand at any time when a loan is solicited ^provided the aggregate sums will equal the araouflt sought to be bor- rowed), and may lend such combined sums in one loan ; which loan shall be numbered in consecutive order, and the securities shall each and all be indorsed with the number as "Miscellaneous Loan No. — ," as the 42 SCHOOL LAW OF INDIANA. number may be ; and lie shall enter in the miscellaneous account, on the debit side, sejiarately, the sums taken from the account of the several townships, so as to show the corresponding number of the loan, and credit the several township accounts Avith the same sum and the like number of loan. Thence on, as interest accrues and is paid in on such loan, he shall debit the several township accounts with the pro rata por- tion of such interest accruing to each ; and when such loan is paid, he shall distribute back to the township accounts the several sums originally transferred from each, and debit the miscellaneous account accordingly, and balance and close said account as to said loan. In all the entries throughout, he shall keep each entry identified by the proper number belonging to that loan, and so of each combined miscellaneous loan, as contemplated in this act. (1) 4404. Distribution and report. In all cases where dis- tribution is made of the school funds under the law now in force, it shall include all money on hand, or which, according to law, should be on hand, not exceeding the interest on loans for one year, which shall be distributed in full, and no portion shall be omitted or retained ; and the report made by the Auditor shall show fully the amount actually on hand, as required and contemplated by law, and show the distribution of the same in full. (2) 4405. Penalty against Auditor, if any Auditor fail or refuse to distribute and report such fund in full, as required by this Act, he shall be liable to an action on his official bond. The Superin- tendent of Public Instruction shall direct that action be brought u23on the official bond of such defaulting Auditor, and the Prosecuting At- torney of the 2^roper county shall bring such action. On finding against such Auditor, judgment shall be entered for the sum so omitted by him to be distributed, with damages of twenty per centum thereon, which shall be for the use and benefit of the fund so omitted to be distributed. (3) [1889, p. 235. Approved and in force March 8,1889.] 4405 a. Loan of State bonds. The Governor, Au- ditor and Treasurer of State are hereby authorized to negotiate a loan of the sum of three millions, nine hundred and five thousand dollars, to pay off" the debt of the State, due the schoool fund of the State of In- diana, as evidenced by school fund bonds numbers one, two, three, four and five. For the purpose of borrowing such sum as may be necessary for this purpose, the Governor, Auditor and Treasurer of State may issue and sell the bonds of the State, redeemable at the pleasure of the State after ten years, and payable in twenty years from the date thereof, SCHOOL LAW OF INDIANA. 43 bearing interest at the rate of not exceeding three and one-half per centum per annum, payable semi-annually out of any funds in the State Treasury not otherwise appropriated. Such bonds shall be issued in denominations of one hundred, five hundred and one thousand dollars, and shall not be sold for less than par value, and shall be signed on the part of the State by the Governor, Auditor and Treasurer of State, and a proper record kept of the same in the ofiice of said officers ; and ad- vertisement of the sale of such bonds shall be published for three weeks successively in two daily newspapers of the cities of Indianapolis, Boston, Chicago, Philadelphia and New York, before bids for such bonds shall be received. (1 ) 4405 b. Bonds binding on State. The bonds author- ized under this act shall be binding on the State of Indiana, and for the jDaymeut thereof with interest thereon, the faith of the State is irre- vocably pledged. (2) 4405 c. Old bonds cancelled— Surplus. When- ever the loan herein provided for shall be effected, and a sufficient sum of money realized to pay off" and discharge the said school fund bonds, or any of them, it shall be the duty of the Auditor of State to cancel the said bonds. And should there be realized a greater sum of money than is necessary to pay off' the said bonds, the overplus shall be turned into the general fund of the State. (3) 4405 d. Distribution of fund realized. The money realized upon the sale of the bonds provided for in the first section of this act shall be distributed to the several counties of this State in the ratio of "the vote cast for Secretary of State in the general election of the year 1888." Such money to be loaned out to the people of such counties according to the law relating to the loan of school funds. It shall be the duty of the Auditor of State to make such distribution to the several counties, within thirty days after there may be realized so much as five hundred thousand dollars from the sale of such bonds, and said Auditor of State shall make successive distributions of said money, within thirty days after there may be realized any additional sum of five hundred thousand dollars, and shall so continue such distributions until the whole sum shall be distributed to the several counties : Pro- vided, If at any time there shall be realized from the sale of such bonds a larger sum than five hundred thousand dollars, the whole sum shall be distributed within thirty days after the receipt thereof, under the pro- visions of this act. The Auditor of State shall issue his warrant on the State Treasury, in favor of the Treasurer of the proper county, for such gum as such county shall be entitled to under this act, (4) 44 SCHOOL LAW OF INDIANA. 4405 e. Counties liable. The several counties of this State shall be held liable for the preservation of so much of said fund as is intrusted, or may hereafter be intrusted to them, and for the pay- ment of the annual interest thereon, at the rate established by law, the payment of which interest shall be full and comj^lete every year, and shall so appear in the Auditor' s report to the Superintendent of Public Instruction ; and the said Superintendent shall at any time when he dis- covers from the report or otherwise, that there is a deficit in the amount collected for want of prompt collection, or otherwise, direct the attention of the Board of County Commissioners and the County Auditor to the fact, and said Board of County Commissioners are hereby authorized and required to provide for such deficit in their respective counties. In the control and management of the fund intrusted to their respective counties, the County Auditor, Treasurer and Boards of Commission- ers shall be governed by the laws now in force relating to the loan and management of the school funds. (5) ARTICLE II— ADMINISTRATION. [1865, p. 3. Approved and in force March 6, 1865.1 4406. Superintendent of Public Instruction. There shall be elected by the qualified voters of the State, at a general election, a State Superintendent of Public Instruction, who shall hold his office for two years. (119) 1. Term. The State Superin tendency being a constitutional office, the length of the term can not be changed by legislation. — R. S. 1881, ? 189. 2. The office. The time will come when your Superintendent will be deemed respectable in the eyes of your General Assembly, and when they will place him on an equal footing in every respect with your other State officers.— Fletcher, Supt. The tragic and untimely death of the talented Fletcher cut off, in the midst of his usefulness, a public servant worthy to be compared with any of the distin- guished Superintendents whose labors, aided by the great development of common school interests, have brought about the verification of his prediction in the in- creased dignity, power and influence of the office he held for too short a time. 4407. Commencement of term— Oath. His official term shall commence on the fifteenth day of March succeeding his election. He shall take and subscribe the oath prescribed by law ; which proceeding shall in all things conform to the law relative to the oaths of public offi-cers. (120) 1. Oaths of office. Every officer under the Constitution must take such an oath before entering upon his duties.— :R, S, 1881, § 2,§6, SCHOOL LAW OF INDIANA. ,45 4408. Duties— Office— Clerks. The Superintendent shall be charged with the administration of the system of public instruc- tion and a general superintendence of the business relating to the com- mon schools of the State, and of the school funds and school revenues set apart and appropriated for their support. A suitable office shall be furnished for him, at the seat of government, in which the books, papers, and effects relating to the business of said office shall be kept ; and there he shall give reasonable attendance to the business and duties of the office. He shall render an opinion, in writing, to any school officer ask- ing the same, touching the administration or construction of the school law. He is hereby authorized to employ two clerks for said office, to be paid as the clerks of the office of the Auditor of State are paid ; and the sum of eighteen hundred dollars is hereby annually appropriated for that purpose. (121) 1. Legislature's Duty. — It is the duty of the General Assembly to prescribe the general sphere of the State Superintendent's activity, and to provide suitable compensation for him. — R. S. 1881, 'i 189. 2. Opinions. He is not bound to give opinions except to school officers, — that is county auditors, county treasurers and superintendents, townshi'p trustees, school directors, and school trustees of towns and cities. But the courtesy of Superintend- ents has established the custom of answering questions touching the construction and administration of the school lav/s, for all who need such information. 3. His opinions not a defense. For it has been held that depositing funds in a solvent bank, by advice of State and county superintendents and county board, if loss result, is no defense to the trustee depositing. - Inglis v. State, 61 Ind. 212. 4409. Report to Governor, in the month of January in each year in which there is no regular session of the General Assembly, he shall make a brief report, in writing, to the Governor, indicating in general terms, the enumeration of the children of the State for common school purposes, the additions to the permanent school fund within the year, the amount of school revenue collected within the year, and the amounts apportioned and distributed to the schools. (122) 4410. Report to General Assembly. At each regular session of the General Assembly, on or before the fifteenth day of January, said Superintendent shall present a biennial report of his ad- ministration of the system of public instruction, in which he shall furnish a brief exhibit — First. Of his labors, the results of his experience and observation as to the operation of said system, and suggest the remedy for observed im- perfections. Second. Of the amount of the permanent school funds, and their gen- eral condition as to safety of manner of investment ; the amount of rev- enue annually derived therefroin, and from othei; sources; estimates 46 SCHOOL LAW OF INDIANA. for the following two years ; and the estimated value of all other property- set apart or appropriated for school purposes. Third. Of such plans as he may have matured for the better organi- zation of the schools, and for the increase, safe investment, and better preservation and management of the permanent school funds, and for the increase and more economical expenditure of the revenue for tuition. FouHh. He shall present a comparison of the results of the year then closing with those of the year next preceding, and, if deemed exj)edient, of years preceding that, so as to indicate the progress made in the busi- ness of public instruction. Fifth. He shall furnish such other information relative to the system of public instruction — the schools, their permanent funds, annual reve- nues, etc., as he may think to be of interest to the General Assembly. He shall append to said report statistical tables, compiled from the materials transmitted to his office by the proper officers, with proj)er summaries, averages and totals appended thereto. He shall append a statement of the semi-annual collections of school revenue, and his ap- portionment thereof; and, when he deems it of sufficient interest to do so, he shall append extracts from the correspondence of school officers, tending to show either the salutary or defective operation of the system or of any of its parts ; and shall cause ten thousand copies to be printed and distributed to the several counties of the State. (123) 4411. Duties. He shall visit each county in the State at least once during his term of office, and examine the Auditor's books and records relative to the school funds and revenues, with a view to ascer- tain the amount and the safety and preservation of said funds and reve- nues; and, for that purpose, he shall have access to, and full power to requii-e for inspection the use of the books and papers of the Auditor's office. Whenever he may discover that any of the school funds are un- safely invested and unproductive of school revenue, or that any of the school revenues have been diverted from their proper objects, he shall report the same to the General Assembly. He shall meet with such school officers as may attend his appointment, counseling with the teach- ers, and lecturing upon topics calculated to subserve the interests of popular education. (124) 1. Visits. The Superintendent should hold himself in readiness to attend teachers' institutes whenever called upon. But it must be remembered that there ore ninety -two counties in the State, and that with so many labors to perform in the office it will be impossible to spend mucli time in each county. Every teacher of our public schools is required to meet him at the time of such visitations, and the time lost in such cases shall not have to be made up by the teacher. — Fletcher, Supt, SCHOOL LAAV OF INDIANA. 47 4412. Traveling expenses. He shall receive, for travel- ing and otlier expenses while traveling on the business of the depart- ment, a sum not exceeding six hundred dollars per annum ; and an ap- propriation of that amount is hereby made for that purpose, annually. (125) 4413. Supervision of school funds. He shall exer- cise such supervision over the school funds and revenues as may be neces- sary to ascertain their safety, and secure their preservation and applica- tion to the proper object ; and cause to be instituted, in the name of the State of Indiana, for the use of the proper fund or revenue, all suits necessary for the recovery of any portion of said funds or revenues. It is hereby made the duty of the proper Circuit Prosecuting Attorney to prosecute all such suits at the instance of the Superintendent, and with- out charge against said funds or revenue. (126) 1. See ?4400, note 2. 2. May employ attorney. This section and §5611 E. S., 1881, authorize the State Superintendent and Auditor of State to employ an attorney to collect a claim due the school fund, and their contract in this behalf is the contract of the State. — • State r. Sims, 76 Ind. 328. 4414. May require reports. He may require of the County Auditors, County Superintendents, County Treasurers, Trustees, Clerks, and Treasurers, copies of all reports required to be made by them, and all such other information in relation to the duties of their respective offices, so far as they relate to the condition of the school funds, revenvies, and property of the common schools and the condition and management of such schools, as he may deem important. (127) 4415. Blanks and forms. He may prepare, and trans- mit to the proper officers, suitable forms and regulations for making all reports, and the necessary blanks therefor, and all necessary instructions for the better organization and government of common schools, and con- ducting all necessary proceedings under this Act. (128) 4416. Forms of book-keeping. Forms and modes of book-keeping shall, from time to time, be prescribed for County Auditors and County Treasurers by the State Superintendent of Public Instruc- tion. (102) 4417. Shall publish school laws. He shall cause as many copies of the acts of the General Assembly in relation to the com- mon schools or the school funds, with necessary forms, instructions, and regulations, to be from time to time printed, and distributed among the school townships, as he shall deem the public good requires. (129) ^.. 48 SCHOOL LAW OF INDIANA. 4418. Journals, etc., to libraries. He shall supply each common school li])raiy with the Legislative and Documentary Journals, and the acts of each session of the General Assembly, and his own annual reports. At the expiration of his term of office, he shall deliver to his successor possession of the office, and all books, records, documents, papers and other articles pertaining or belonging to his office. (130) [1875, p. 130. Approved February 25, 1875, and in force August 24, 1875.] 4420. State Board of Education. The Governor of the State, the State Superintendent of Public Instruction, the President of the State University, the President of Purdue University, the Presi- dent of the State Normal School, and Superintendents of Common Schools of the three largest cities in the State, shall constitute a Board, to be denominated the. Indiana State Board of Education. The size of the cities shall, for this purpose, be determined by the enumeration of children for school purposes, annually reported by County Superin- tendents to the Superintendent of Public Instruction. The Superin- tendent of Public Instruction shall, ex officio, be president of the Board ; and in his absence the members present shall elect a president pro tempore. The Board shall elect one of its members secretary and treasurer, who shall have the custody of its records, papers, and effects, and shall keep minutes of its proceedings : Provided, That such records, papers, effects, and minutes shall be kept at the office of the Superintendent, and shall be open for his inspection. The said Board shall meet upon the call of the President or a majority of its members, at such place in the State as may be designated in the call ; and shall devise, adopt, and procure a seal, on the face of which shall be the words, ' ' Indiana State Board of Education," and such other device or motto as the Board may direct — an impression and written description of which shall be recorded on the minutes of the Board and filed in the office of the Secretary of State ; which seal shall be used for the authentication of the act.s of the Board and the important acts of the Superintendent of Public Instruction. (153) 1. Note. When first created in 1852 the Board consisted of the Superintend- ent of Public Instruction and the Governor, Secretary, Treasurer and Auditor of State. In 1855 the Attorney-General was added. It remained merely a board of State officers, but little interested in or conversant with educational affairs, and ex- erting no appreciable influence, till 1865, when the membership was constituted as at present, except the President of Purdue University, who was added in 1875. The cities represented have always been Indianapolis, Evansville and Fort Wayne. As a board of professional educators, independent of politics, it has been a valu- able agent in our educational progress. SOliOOL LAW OF INDIANA. 49 [1865, p. 3. Approved and in force March 6, 1865.] 4421. Duties and powers. Said Board, at its meetings, shall perform such duties as are prescribed by law, and may make and adopt such rules, by-laws, and regulations as may be necessary for its own government, and for the complete carrying into effect the provisions of the next section of this act, and not in conflict with the laws of the State ; and shall take cognizance of such questions as may arise in the practical administi-ation of the school system not otherwise provided for, and duly consider, discuss, and determine the same. (154) 1. Examination questions. By virtue of the considerable power conferred by the authorization to take cognizance of matters not otherwise provided for, the Board prepares questions for the examination of teachers, and prescribes the time and manner of their use by the County Superintendents. This work received legis- lative recognition in 1883 by the enactment of the next section. 2. County Superintendent. It is the duty of the County Superintendent to carry out the instructions of the State Board and State Superintendent. — §4429. 3. The State Board appoints the Trustees of the Indiana University. — §4565. [1883 p. 81. Approved March 3, 1883, and in force June 5, 1883.] 4421 a. Traffic in questions. Whosoever shall sell, barter, or give away, to applicants for license, or to any other person, the ques- tions prepared by the State Board of Education, to be used by County Superintendents in the examination of teachers, or in any way dispose of said questions contrary to the rules prescribed by said State Board of Education, shall be deemed guilty of a misdemeanor ; and on convic- tion, shall be fined in any sum not less than ten, nor more than two hundred dollars. (1) [1865, p. 3. Approved and in force IVIarch 6, 1865.] 4422. State certificates. Said Board may grant State certificates of qualification to such teachers as may, upon a thorough and critical examination, be found to possess eminent scholarship and professional ability, and shall furnish satisfactory evidence of good moral character. They shall hold stated meetings, at which they shall examine all applicants, and those found to possess the qualifications herein above named shall receive such certificate, signed by the Presi- dent of the Board, and impressed with the seal thereof; and the said certificate shall entitle the holder to teach in any of the schools of the State without further examination, and shall also be valid during the life- time of said holder, unless revoked by said Board. Each applicant for examination shall, on making application, pay to the Treasurer of the Board five dollars as a fee. (155)" 4 — ScH. Law. 50 SCHOOL LAW OF INDIANA. 1. Eequieements. It is ordered that there shall be but one grade of State certificates of qualifications for teachers; and that these shall be granted to apj^li- cants who shall present satisfactory evidence of good moral character, and of forty-eight months' successful experience in teaching (of which at least sixteen shall have been in Indiana), and shall pass a satisfactory examination in orthog- raphy, reading, writing, arithmetic, geography, physical geography, English gram- mar, physiology, history, and constitution of the United States, general history, plane geometry, algebra, elements of physics, elements of zoology, elements of bot- any, English and American literature, rhetoric, moral science, and the science of teaching. Provided, that any person holding a valid ''professional license" [H425, note 9] shall be granted a State certificate on passing a satisfactory examination in plane geometry, elements of zoology, English and American literature, moral science, the science of teaching, general history, and rhetoric. Examinations for State certificates shall be held from time to time, as the number of applicants may require. — Order of State Board, November 1, 1883. 2. Professional license. The State Board of Education is further empow- ered, by an act in force June 10, 1883, to prescribe what shall be the nature and extent of the examination for an eight-year license, and such license shall issue only itpon the approval of the Board. — §4425, note 9. [1873, p. 68. Approved and in force March 8, 1873.] 4423. Pay and mileage of board. The members of said Board, other than the Governor and State Superintendent of Public In- struction, shall be entitled to receive for their services, while actually en- gaged in the duties of their office, five dollars per day and five cents per mile necessarily traveled while so engaged ; which anK)unt shall be certified by the Board to the Auditor of the State, Avho shall draw his warrant therefor, payable out of the general fund, which sum shall be reimbursed to the general fund by the treasurer of the Board paying into it that amount out of the money received by him as fees for certificates ; and if there be any residue of money received as such fees, it shall be expended by the Superintendent of Public Instruction in the purchase of suitable books for ai^ office library. Said Board shall be allowed the necessary expenses incurred in the discharge of the duties required of the same, for clerk hire, postage, etc. ; which expenses shall be paid as the ex- penses of the members of the Board are paid. (156) 1. Appropriations. The requirement that the Auditor of State shall, upon the certificate of the Board, draw his warrant on the general fund for the expenses specified, amounts to a continuing appropriation therefor, which, however, is tempo- rarily suspended when an appropriation is made therefor in the biennial appropri- ation bill. — Hord, Atty. Oen. 11873, p. 75. Approved and in force March 8, 1873.] 4424. County Superintendent. The Township Trust- ees of the several townships of each county shall meet at the office of the County Auditor of such county, on the first Monday of June, 1873, SCHOOL LAW OF INDIANA. 51 and biennially thereafter, and appoint a County Superintendent, who shall be a citizen of such county, whose official term shall expire as soon as his successor is appointed and qualified ; who, before entering upon the duties of his office, shall take and subscribe an oath that he will faithfully perform his duties as such officer according to law, which oath shall be filed with the County Auditor. He shall execute a bond, with freehold surety to the approval of the County Auditor, payable to the State of Indiana, in the penal sum of one thousand dollars, conditioned that he will faithfully discharge his duties according to law, and faith- fully account for and pay over to the proper persons all moneys which may come into his hands by reason of such office ; and, thereupon, the County Auditor shall report the name and postoffice address of the per- son appointed to the Superintendent of Public Instruction : Provided, hoivever, That the Board of County Commissioners shall have power to dismiss any County Superintendent for immorality, incompetency, or general neglect of duty, or for acting as agent for the sale of any text- book, school furniture or maps ; but no County Superintendent shall be dismissed without giving him written notice, under the hand and seal of the Auditor, ten days before the first day of the term of the Court of Commissioners at which the cause is to be heard ; and the said notice shall state the charges preferred against the Superintendent, the character of the instrument in which they are preferred (whether a petition, con.i- piaint, or other writing), and the names of those preferring the same. The duties required of the the School Examiner by any act shall here- after be performed by the County Superintendent. Whenever a vacancy shall occur in the office of County Superintendent, by death, resignation or removal, the said Trustees, on the notice of the County Auditor, shall assemble at the office of such Auditor, and fill such vacancy for the unexpired portion of the term, in the manner herein provided ; and the County Auditor shall be clerk of such election in all cases, and give the casting vote in case of a tie, and shall keep the record of such election in a book to be kept for that purpose. (33) 1. Amendment void. The act of March 9, 187.5, attempting to amend this section, and ^427, 4429 and 4433, is unconstitutional and void. — The Board v. Smith, 52 Ind. 420 ; State t. Harrison, 67 Ind. 71. 2. Quorum for appointment. A majority of all the Township Trustees of the county is a quorum for the appointment of a superintendent, and the person receiving the votes of a majority of that majority is elected. — Michener, Ally. Gen. The County Auditor, not being a member of the body, can not be counted in determining whether or not a quorum is present. An election by less than a quorum is void. State v. Porter, 113 Ind. 79 ; State ?. Edwards, 114 Ind. 581. 3. Meeting of Trustees. The Trustees meet for a regular appointment by command of the statute, not by virtue of the Auditor's call, bpt it is proper foy 52 SCHOOL LAW OF INDIANA, the Auditor to notify tliem of the time of the meeting. On the occurrence of a va- cancy, the Auditor notifies the Trustees of the fact, and fixes the day for them to assemble to fill it. — Holcombe, Siipf. The Trustees having failed to appoint a superintendent on the day fixed by law, adjourned sine die, and afterward, on call of the Auditor, met and made an appointment. But such action was held to be invalid and of no effect. — State v. Harrison, 67 Ind. 71. Yet had the Trustees adjourned from day to day, an appoint- ment made at such adjourned meeting would probably liave been valid; and pos- sibly after adjournment nine die, a mandamus might have issued to compel a re- assembling to perform the omitted duty. — Sackeit v. State, 74 Ind. 487. 4. Mode of election. The Auditor has a right to act as the clerk of the board of election, keep a record of the same, and give the casting vote in case of a tie. The Trustees have the right of controlling the manner of the eleetion. The Auditor's declaring a person elected does not amount to anything; he has no right to make such declaration. It is the duty of the Board of Trustees to do that, and until they finally settle the matter a member has a right to vote. The appointment has very few elements of a popular election about it. The law simply provides that the Township Trustees shall appoint, and says nothing about the manner in which the appointment shall be made. Any mode that they may adopt by which they can arrive at the expression of the wish of the majority is suflicient to desig- nate the person to be appointed, and there is nothing binding until there is a final determination of the subject by the Trustees. — State v. Kilroy, 86 Ind. 118. If an election results, and is duly declared, the right of the person elected is consummated ; he can not be deprived of his ofiice by the subsequent action of the Board. — Michener, Atty. Gen. 5. Casting vote. The County Auditor is clerk of the election, and gives the casting vote in case of a tie, in regular elections as well as in those held to fill vacancies. — Holcombe, Supt. A tie means that two opposing candidates have each an equal number of votes. An equal division on a motion to appoint a candidate to the office is not such a tie as entitles the Auditor to vote. — Baldwin, Atty. Gen. See note 19. 6. Who eligible. To be eligible to the county superintendency a person must be a hoTia fide resident and elector of the county. — R. S. 1881, 'i 154. He must have been an inhabitant of the county during one year preceding his appointment, but it is not essential that he should have been a citizen or elector for so long. — State r. Kilroy, 86 Ind. 118. Women are held to be ineligible. — i^ 4540, Note 1. 7. Eecognition by State Supekintendent. It is made the duty of the County Auditor to report to the Superintendent of Public Instruction the name and address of the person appointed. That is the means provided by law for informing the State Superintendent who has been appointed, and he has no power to decide upon the validity of an election on information furnished from other sources, evidence aliunde. That is a question for the Courts. — Holcombe, Supt. 8. Disputed election. The qualifying of the appointee consists in the exe- cution and acceptance of the required bond, and taking and subscribing the oath of office. A person who has received the certificate of appointment and taken the above action is County Superintendent, at least de facia. If the validity of the ap- pointment is disputed, the issues may be joined by an action to replevin the records and propertiee of the office or by a writ of quo imnantQ against one of th^ e, SupL See note 22, SCHOOL LAW OF INDIA.NA. 53 9. Appeal on dismissal. An appeal lies to the Circuit Court from a decision of County Commissioners dismissing a Superintendent from office. While such ap- peal is pending the person dismissed can not act as Superintendent, but a successor may be appointed, and will hold for the unexpired term, unless the person dis- missed is re-instated by the Court. See Walls v. Palmer, 64 Ind. 493, and Matthews V. Chase, 41 id. 357. — Baldwin, Atty. Gen. See also J., M. & I. E'y v. McQueen, 49 Ind. 64. 10. Office. The County Commissioners are not required to furnish the County Superintendent with an office, nor are they liable to him for the use of his own office as such Superintendent. Board of Com. v. Axtell, 96 Ind. 384. 11. Length of teem. A County Superintendent, properly elected and quali- fied, holds his office until his successor is elected and qualified. State v. Sutton. 99 Ind. 300. 12. Record of election. The record of a Superintendent's election, made by the County Auditor, is 'prima facie correct, and is jwima facie evidence of such election. State v. Sutton, 99 Ind. 300. 13. Election by ballot. When the Township Trustees agree that the election of a Superintendent shall be by secret ballot, the election will be deter- mined by the ballots actually cast, and in a suit regarding the validity of such an election the ballots are the best evidence, but when they have been lost, it is proper for the jury or Court to consider the testimony of Trustees who cast the ballots, and of those who counted them and announced the result. State v. Sutton, 99 Ind. 300. 14. Acquiescence in election. W^here the Trustees agreed that the election should be by ballot, adhered to that mode throughout, and at the time the result was announced supposed the result was correctly announced, it was held that an adjournment without an objection was not an acquiescence in the result, and that such action did not amount to an acquiescence in the result. State v. Sutton, 99 Ind. 300. Without, however, regard to whether the votes of a majority of all the school Trustees are necessary to the valid appointment of a County Superintendent, where such Trustees recognize the appointment as valid and the appointee qualifies and enters upon the duties of the office with the acquiescence of all others, he may compel his predecessor to deliver the records of the office to him. McGee v. State, 103 Ind. 444. 15. Mandamus. Mandamus is the proper remedy to compel a Superintendent to turn over the records and furniture of the office to his successor. McGee v. State, 103 Ind. 444. 16. Eesignation. Where, without notice of the withdrawal of a resignation previously made, the time arrives for it to take affect, and a successor to the incum- bent is duly appointed, no formal acceptance of such resignation is necessary to deprive such incumbent of title to the office. McGee i-. State, 103 Ind. 444. 17. Eegulabity of appointment. One can not contest the regularity of the appointment of a successor, who has become invested with an apparent title, by refusing to surrender the records of the office. McGee v. State, 103 Ind. 444. 18. Voting for himself. A Township Trustee can not vote for himself, and if he does, his vote is void. A failure of the Trustees voting for other candidates to make further objections after the presiding officer has announced the result of the election, can not be taken to be either an implied or infoi-mal vote in favor of the officer who voted for himself. Hornung r. State, 116 Ind. 458. 19. Trustees present and not voting. There were eight Trustees, all there wrere 'm the county, present, Four voted for A., an^ the other four decUaedl to vote, 54 SCHOOL LAW OF INDIANA. The chairman announced that the vote was a tie, and the Auditor then voted for A., and the chairman declared him elected ; A. qualified and demanded the office. It was decided that he was duly elected ; that there was a quorum present ; that he received the votes of all those present and voting, which was a majority of the number necessary to constitute a quorum, and that he received the necessary num- ber without the vote of the Auditor, who would only be entitled to vote in case of a tie. State v. Drummond, 125 Ind. 65. 20. Auditor voting. Township Trustees met at the time required by statute, several ineffectual votes wei'e taken, and on the last ballot one-half of the Trustees voted for E., and the others voted blanks. A resolution was then oflPered declaring that E. be appointed. The vote on this resolution was evenly divided for and against it. The Auditor then gave a casting vote for the resolution and a certificate of election was issued to E. It was held that the election of E., was void. State v. Edwards, 114 Ind, 581. But this case has been modified by the case cited in note 19. 21. Organizing board. If the Trustees meet and proceed to organize as a board, if there is a tie on chairman, the Auditor may give the casting vote. — Mich- ener, Atty. Gen. 22. Officer de jure. When a new Superintendent is elected and qualified, ajl acts of his predecessor are void, which are performed thereafter. — liord, Atty. Gen. 23. City and town boards. The President of City and Town School Boards can not participate in the election of a County Superintendent. — Hard, Atty. Gen. 24. Filing bond. Mere failure to file the bond within the time required by law does not render the office vacant. Boai'd of Com. v. Johnson, 124 Ind. 145. And the Auditor can not refuse to approve the bond on the ground that the Super- intendent was corruptly elected. State c. Board of Com. 124 Ind. 554. [1889, p. 85. Approved March 2, 1889, and in force May 10, 1889.J 4425, Examination of teachers. Said County Super- intendent sball examine all applicants for license as teachers for the common schools of the State by a series of written (or printed) ques- tions, requiring answers in writing, and in addition to the said questions and answers in writing, questions may be asked and answered orally, and if, from the ratio of correct answers and other evidences disclosed by the examination, the applicant is found to possess a knowledge which is sufficient, in the estimation of the County Superintendent, to enable said applicant successfully to teach, in the common schools of the State, orthography, reading, writing, arithmetic, geography, English grammar, physiology, and the history of the United States, and to govern such school ; said County Superintendent shall license said applicant for the term of six months, twelve months, twenty-four months, or thirty-six months, according to the ratio of correct answers and other evidences of qualifications given upon said examination, the standard of which shall be fixed by the County Superintendent ; and in examining persons for positions to teach in graded schools in cities and towns, the County Superintendent may take into consideration the specia,! fitness of such SCHOOL LAW OP INDIANA. 00 applicants to perform tlie services required of them, and sliall make, on the licenses issued to such applicants, a statement of the kind of work for which they are especially qualified ; and all applicants, before being licensed, shall produce to the County Superintendent the proper Trust- ee's certificate or other satisfactory evidence of good moral character: Provided, That a six months' license shall be regarded as a trial license, and that no person who hereafter receives a six months' license in any county shall be again thereafter licensed in said county unless he ob- tains a grade which shall entitle him to receive at least a twelve months' license : And Provided, That any person now possessing a twenty-four 3 i. months' license whose next consecutive license shall be for the term of thirty-six months, or any person who shall hereafter receive two licenses in succession, each for thirty-six months, may receive, at the expiration of such several licenses, a license for the term of eight years, upon such an examination held by the County Superintendent as may be prescribed by the State Board of Education, and such license shall issue only upon •the approval of the State Board of Education, and shall be styled a professional license, and shall entitle the holder to teach in any of the schools in this State : Provided further, That any person who has taught for six consecutive years in the common schools of this State, and now holds a t\^o [three] years' license to teach therein, or who having pre- viously taught for six consecutive years in said common schools, shall hereafter obtain a two [three] years' license to teach therein, shall be for- ever afterward exempt from examination so long as he or she shall teach in the common schools of the county in which said three years' license was obtained ; but if such person shall at any time after said exemption accrues suffer a period of one year to pass without having taught one full school year in the common schools of naid county within said period, then said exemption shall cease f arid if such pefsoii shall, during such exemption, seek employment to teach other or higher branches in the common schools of this State than those branches which were included in the examination upon which said three years' license was issued, then he or she shall be examined in such additional branches. (34) 1. Eecent changes. The above section was amended in 1883, and created the thirty-six months' and eight years' license, and made the six months' license a trial license issuable but once, authorized superintendents to consider special fitness of applicants for the work in city and town schools, and took away the power of renewing licences without examination. The act was further amended in 1889, by adding the last proviso,' known as the exemption clause. 2. Evidence of character. A Superintendent may require evidence of good moral character before the examination commences, and if such evidence is not satisfactory, he maj' refuse to examine the applicant. This is not a wise thing to do, however, since, if the question of scholarship were settled, a license might 56 SCHOOL LAW OF INDIANA. afterward be issued on production of satisfactory evidence; or on an appeal to the Superintendent of Public Instruction, the question of moral character alone would have to be considered. — Smart, Supt. No person who indulges in such immoral practices, as profanity, drunkenness, gambling or licentiousness, should be licensed to teach. — Hoss, Svpt. 3. Loss OF CERTIFICATE, ETC. The Certificate is only the evidence of a license. It follows that if a teacher loses his certificate he remains licensed, and should be so treated, provided he can prove the facts. In such cases a duplicate certificate may be issued from the Superintendent's record. The failure of an ap- plicant upon examination does not affect a license previously issued to such appli- cant, or afford ground for its revocation. — Smart, Supt. But see note 17. 4. Spegiai^ FITNESS. No person shall be admitted to the benefits of the pro- vision that 'special fitness' shall be considered in the examination of teachers for the graded schools of cities and towns, except on presentation of a written request of a town or city school board, with a statement that said board desires to employ said applicant for a certain grade of work named or described, and the expediency of complying with such request shall be left to the discretion of the County Super- intendent. — Resolution of County Superintendent^ Association, 1883. 5. Special licenses. A County Superintendent may, upon the request of the school board of a town or city, examine a candidate for the position of teacher of German in the graded schools of such town or city, in such a manner as will satisfy him that the candidate is qualified for such work, and issue to the said candidate a license to teach the German language as a branch of study in the graded schools of a town or city ; and the Trustees of said town or city may re- numerate a person holding such a license for performing the specific services thereby authorized, out of the common school revenue for tuition. — Holcombe, Supt. See ? 4497, note 5. The subjects of German, music, etc., should be considered as cumulative sub- jects, and a license specifying these subjects should include them in addition to those enumerated under this section. — LaFollette, Supt. Pub. 6. Illegal, issues of licences. If a new Superintendent finds that licences have been illegally issued by his predecessor, he should cancel the records and cer- tificates thereof, and notify the school trustees in the county of such action. Before taking this action he should carefully investigate the facts, and notify the parties interested, giving them an opportunity to show that their licences are valid. — Hol- combe, Supt. 7. Additional branches. Ordinarily, an examination in the enumerated subjects is sufficient, but when a person is to teach other branches, his proficiency therein should not be left to conjecture. He should be examined by the County Superintendent in such "other branches" as he is expected to teach. This is ex- pressly stated in the law in case a district school meeting has designated additional branches (§ 4502), and is an obvious inference in all cases where additional branches are to be taught. — Holcombe, Supl. 8. Consecutive licenses. The provision of the law which creates the thirty- six months' and eight years' licenses contemplates that they should take effect con- secutively, and not over-lap each other in time. A person who has received two county licenses of the first grade in succession "may receive at the expiration of such several licenses a license for the term of eight years," upon passing a certain examination. The intention of the Legislature was to relieve teachers of approved SCHOOL LAW OF INDIANA. 57 skill and ability from the burden of frequent examinations. But the benefits of the eight-years' professional license are carefully guarded, being extended to those persons only who have held consecutively a twenty-four-months' license (heretofore issued), and a thirty-six-months' license, or who shall hold hereafter two thirty-six- months' licenses in succession. The period of the currency of these two licenses is provided as a trial period in which the teacher may gain experience and prove his ability, and I think the law should be interpreted as not permitting such period to be abridged by granting the second or third license more than thirty days before the expiration of the one preceding it. Yet the examination for such license may not improperly be held within a reasonable time previous to the expiration of the preceding one. Licenses, to be consecutive, need not be issued in the same county. — Holcombe, Supt. 9. Professional licenses. It is ordered that persons who have received two county licenses of the first grade, in conformity with the State Superintendent's opinion on "consecutive licenses" (Note 8, above), may be admitted within one year of the expiration of the second of such licenses to an examination for an eight-years' professional license, which shall comprise the subjects of elementary algebra, elements of physics, elements of botany, grammar, civil government, American literature, and the sciense of teaching. Such examination shall be con- ducted by the County Superintendents in the several^ counties, upon questions pre- pared by the State Board; the manuscripts shall be sent to the Board for gradation, and the certificates granted shall take eflPect upon the expiration of the thirty-six months' licenses held by the persons receiving them. An examination for eight- years' licenses shall be held in May, 1886, and annually thereafter. — Order of State Board, November 1, 1883. 10. Miscellaneous. A license may be refused to an applicant on the ground of incompetency to govern a school. A license may be issued without the Trustee's certificate of character, if the Superintendent is satisfied on the subject. The Super- intendent is not bound to examine applicants who have no intention to teacli in the county, as the examinations are not provided for the amusement of novices. A license can not legally be ante-dated, but if ante-dated it is good from the day when it is issued for the period named on its face. — BIo-hs, Supt. 11. Appeal. If an applicant for a license is not satisfied with the grading of his County Superintendent, he may appeal to this department [ the Department of Public Instruction]; and if, on the other hand, any patron of a school thinks that a teacher thereof has been too liberally graded, the same right of appeal exists in such patron as in the applicant for a license. — LaFollette, Supt. Pub. Inst. 12. New list op questions. When an applicant presents himself for the work of the regular examination, it is understood to mean for the ivork of that day. Should an applicant appear at a subsequent examination, he could not pass upon those questions used before; but would be expected to pass upon a new list of questions, which are in the hands of the County Superintendent for that day's use Only. — LaFollette, Supt. Pub. Inst. 13. Incompetent teacher. A County Superintendent may refuse to license a teacher whom he knows to be incompetent to teach. There are two ways that such knowledge may come to him : 1st. From personal visitation and inspection of his school work. 2d. From statements made by those in a position to inspect such work. — LaFollette, Supt. Pub. Inst. 14. Professional license. The law expressly says that a teacher must teach without interruption after a license ic issued to him under the exemption 58 SCHOOL LAW OF INDIANA. clause of section 4425. The inference is that the six years' teaching done, should have been done in the six years last past — that is, without any interruption — to en- title an applicant to the exemption. The County Superintendent may require such evidence of his teaching in other counties as will satisfy him that the teacher has done the necessary work, and that he has shown a degree of success sufficient to jus- tify the Superintendent in granting the removal. I, therefore, hold that the teach- ing must have been done in the six years last passed, but that the teaching in other counties may be credited, if the County Superintendent is fully satisfied that the teaching in other counties has been successful. A Superintendent may very properly refuse to issue a license in his own county to one whose success is poor. — LaFoUette, Supt. Pub. ImL 15. Examination in two couniies. There is nothing in the law directly prohibiting a Superintendent from issuing a license upon manuscripts made in an- other county under the supervision of another Superintendent. But the practice is not entirely safe, and should be carefully guarded. If the manuscripts are sent by the Superintendent of another county, with his certificate that they have been fairly and honestly made, and his recommendation of the applicant as to character and ability, the Superintendent receiving them may grade them, and if they prove satisfactory, issue a license to the applicant. — Holcombe, Supt. 16. PowEKS of Supekintendent not judicial — Liability. The County Superintendent belongs to the executive department of the government, he acts in neither a judicial or quasi judicial capacity in licensing persons to teach; and he has a discretion on the subject of licensing teachers, which is so far analogous to judi- cial discretion that he is protected from any claim for damages on account of any mistake in his decisions, or error in judgment, either in granting or withholding a license. Yet he is liable in damages for maliciously withholding a license to teach from an applicant lawfully entitled to receive the same, and lie will be held to have acted maliciously where he acts either from willful and wicked or from corrupt motives. — Elmore v. Overton; 104 Ind. 584. 17. License and certificate. There is no legal distinction between the granting of a license to teach and the act of issuing a certificate of that fact. The terms are convertible, and the "licensing" implies the issuing to an applicant of a written permission to teach in the public schools. — Elmore v. Overton, 104 Ind. 548. See note 3. 18. Principals of town schools. The second proviso of this section does not authorize a County Superintendent to make and enforce an order that all prin- cipals of town gi'aded schools shall, before receiving licenses, pass an examination in all of the branches of study taught by such principals and included in the course of study adopted by the school trustees. — Michener, Atty-Gen. 19. German. A teacher of German in the public schools must possess a gen- eral license to teach. — Michener, Atty-Gen. [1865, p. 3. Approved and in force March 6, 1865.] A'A'Q.Q. May revoke licenses. The County Superintend- ent shall have power to revoke licenses granted by him or his predeces- sore, for incompetency, immorality, cruelty, or general neglect of the business of the school ; and the revocation of the license of any teacher shall terminate his employment iu the school which such teacher may have been employed to teach. (36) SCHOOL LAW OP INDIANA. 59 1. Procedure. In the revocation of a license, the Superintendent may act upon liis own knowledge, or he may proceed upon petition of the patrons. In the former case he should make out and record charges and specitications, based on his own knowledge, and furnish the teacher a copy thereof, citing him to appear at a certain time and answer with such evidence and explanations as he may be able to give. The answer and evidence should be made a matter of record, together with the finding of the Superintendent. In case a petition for the revocation of a license is received from patrons, the Superintendent may dismiss it if the complaint', are of a frivolous character. A mere petition is not enough. Definite charges and speci- fications should be filed with it. When such charges are received, the Superintend- ent should fix an early day for the trial, notify the teacher of the pendency (jf charges and furnish him a copy thereof, and notify all parties interested of the time and place at which the trial will be held. An accurate record of all the pro- ceedings should be made and all papers filed, for use in case of an appeal to the Superintendent of Public Instruction. Whenever a license has been revoked, the Superintendent should make a record of the fact, and immediately notily all the Trustees of the county. — Smart, Supf. 2. A LICENSE A VESTED RIGHT. A license having once been granted, the teacher acquires a proprietary interest in it. It is in one sense property. No teacher should be deprived of his license without an opportunity to answer charges that may be brought against him, whether by the County Superintendent or others. — Smart, Supf. 3. Eevoking- IiICenses and dismissal of teachers. The license of a teacher guilty of forgery may be revoked; he must, however, be actually guilty of the crime, and while an indictment against him is strong evidence of his guilt, it is far from conclusive ; for on the trial he may be acquitted. The fact that he dismissed school to attend his trial, does not authorize his dismissal. The fact that many citizens of the vicinity of the school believe he is guilty, does not authorize the revo- cation of his license nor his dismissal. The fact that his teaching tends to lower the moral standard of the schools of the county, and hinder the County Superintendent in his efforts to uphold it, does not authorize his dismissal. A license can only be revoked for the causes enumerated in section 4426. If a majority of those entitled to vote at a school meeting petition the Trustee to dismiss him, the Township Trustee may do so, after due notice and good cause shown. A County Superintendent is not liable for revoking a license unless he acted maliciously. — Michner, Atty-Gen. 4. Practice. When charges of incompetency are made against a teacher, those making the charges should be required to prove them by the oaths of such wit- nesses as have a knowledge of the facts. If the teacher fail in the government of his school, or ability to teach falls short of the proper standard, the Superintendent is justified in revoking the license, if these facts are proved. The examination of the teacher in technical school work has been settled by the issuing of a license to Jiim. The charges of incompetency should cover that part of the teacher's work along the line of the practical or administrative side of his work. Observations of the County Superintendent gleaned during his visits is proper evidence to be con- sidered in passing judgment upon the case. — LaFollette, Supt. Pub. Inst. 5. Immorality. " An act is considered as immoral which is inconsistent with rectitude, contrary to conscience, wicked, unjust, dishonest or vicious." — Michener, Atty-Gen. 60 SCHOOL LAW OF INDIANA. Frequenting saloons, throwing dice for the drinks, and using profane language is a sufficient cause for the revocation of a teacher's license. — LaFollette, Pub. SupL The license of a teacher who frequents a place of gambling and takes part in the game may be revoked. — LaFollette, Siipt. Pub. Inst. [1873, p. 75. Approved and in force March 8, 1873.] 4427. Examinations— License. The County Superin- tendent shall hold at least one public examination in each month in the year in his county; and in no case shall he grant a license upon a private examination ; and all licenses granted by him shall be limited to the county in which they are granted. (S7) • 1. Comments. The day of the examination should be the same in each month. If such a day is fixed and adhered to, convenience will be secured to teachers and to the public. As the object of the law will not be defeated, but rather promoted thereby, it is held that the examiner may hold more than one examination each month. An examination will be public in the sense here required when it is pub- licly announced and is held in a public hall or office. — Hoss, SupL [1865, p. 3. Approved and in force March 6, 1865.] 4428. Record-book— Report to State Superin- tendent. The County Superintendent shall provide a blank-book at the expense of the county, in which he shall keep minutes of his pro- ceedings, and shall deliver said record, and all other books, papers, and •property appertaining to his office, to his successor, and take a receipt therefor. Said Superintendent shall, in the last week of May, annually, report to the Superintendent of Public Instruction, the names of the persons to whom he has granted license since the last report, for his county ; distinguishing between those licensed for six, twelve, eighteen, and twenty-four months ; giving the number of males, and the number of females, and total number licensed ; and the number, but not the names, of applicants for license who have been rejected ; and the num- ber of licenses revoked. (38) 1. Note. — The amendment of the teachers' license law abolished the eighteen- months and created a thirty-six-months' license. This section was inadvertently not changed, but the report must be conformed to the new arrangement. — ^ 4425. 2. Parol proof of contents of record. The presumption is that a County Superintendent kept a record of his proceedings, which is the best evidence of his acts in either granting or refusing a license; and in an action against him for mali- ciously withholding a license, oral proof of his admissions that he had granted a license to the applicant is inadmissible unless it is averred in the complaint and first shown that he kept no such record as required by the statute, or that such record is incorrect. Elmore r. Overton, 104 Ind. 548. SCHOOL LAW OF INDIANA. 61 [1873. p. 75. Approved and in force March 8, 1873.] 4429. General duties. The County Superintendent shall have the general superintendence of the schools of his county. He shall attend each Township Institute at least once in each year, when he shall preside at the same and conduct its exercise. He shall visit each school of the county at least once each year, for the purpose of increas- ing its usefulness and elevating, as far as practicable, the poorer schools to the standard of the best. He shall encourage Teachers' Institutes and associations, and shall labor, in every practicable way, to elevate the standard of teaching and to improve the condition of the schools of the county. In all controversies of a general nature arising under the school law, the opinion of the County Superintendent shall first be sought ; whence an appeal may be taken to the State Superintendent, on a written statement of facts, certified to by the County Superintend- ent : Provided, That nothing in this act shall be so construed as to change or abridge the jurisdiction of any Court in cases arising under the school laws of the State ; and the right of any person to bring suit in any Court, in any case arising under the school laws, shall not be abridged by the provisions of this act. He shall, at all times, carry out the orders and instructions of the State Board of Education and the Superintendent of Public Instruction, and shall constitute the medium between the State Superintendent and subordinate school officers and the schools : Provided, That city schools having a Superintendent em- ployed by their board may, at the request of said board, be exempt from the general superintendence authorized in this section. (39) 1. Note. The Superintendent has the care and oversight of the schools of his county, with authority to direct in their organization and management. — Hop- kins, Supt. 2. Visitation. The provision requiring Superintendents to visit their schools once a year is peremptory. If he fails to do- so, it is a good cause of removal. There can hardly be any grosser neglect than a failure to visit the schools at least once a year. — Baldwin, Atty.-Gen. To make his visitations of much value, the Superintendent ought to visit each school at least twice a year. This can be done under the law by giving each school a half day at a visit. I think it is safe to say it was the intention of the Legisla- ture that the vSuperintendent should be allowed at least as many days for visiting the schools as he has different teachers to visit. The Commissioners should not in any case restrict him to a less number of days than this, and if he is a prudent man it would be safe to let him visit at his own discretion. The restriction can be placed upon him at any time if it be shown he abuses his privilege. — Smart, Supt. 3. Exemption of cities, This privilege is not extended to incorporated towns. The request should be addressed to the County Superintendent, and should be entered in the records of the City School Board. From the date of the request and so long as a City Superintendent is employed the County Superintendent has 62 SCHOOL LAW OF INDIANA. no authority over tlie city schools, but such authority will revive if the City Board fails to employ a Superintendent. — Holcombe, Supt. 4. Vaccination. The duty of enforcing rules regarding vaccination of school children lielongs primarily to Town, City and County Boards of Health, and secondarily, and after written notice from the State Iioard of Health, to the County Superintendent— £aW!!an, Alhj Gen. See R S 1881, §4994. 5. Povs'ER AS TO COURSE OF STUDY AND RULES. The management and con- trol of the schools is conferred by law upon the Trustees, and this power involves the right to prescribe a course of study and make rules and regulations. But the Trustees also appoint a County Superintendent, who, in a large department of school government, is the representative and agent of the Trustees, and to him their powers are delegated so far as is necessary to successful administration. 1 think, therefore, that if neither the County Board of Education nor the Trustees individually have taken the necessary action, the Superintendent may arrange a course of study and direct its enforcement in the schools, and may make reasonable rules and regulations, and the refusal of a teacher to obey the Superintendent in these particulars, would be such 'neglect of the business of the school' (§4426) as would warrant a revocation of his license, or would indicate such incompetence ' to successfully teach' (§4425) as would warrant a refusal to grant him another license. — Holcombe, Supt. 6. Procedure tn appeals. ^ See §4438. riS73, p. 68. Approved and in force March 8, 1873.1 4430. When must enumerate. When any Trustee shall neglect to file with the County Superintendent an enumeration of the children of the township, town or city, as required by section 4472, the County Superintendent shall, immediately after the first day of May in each year, employ a competent person to take the same, and allov*' a reasonable compensation for such services, payable from the special school revenue of the township ; and shall proceed to recover the same in the name of the State of Indiana, for the use of said revenue of said township, by action against the said Trustee in his individual capacity ; and in such suit the County Superintendent shall be a compe- tent witness. (40) [1883, p. 118. Approved and in force March 6, 1883.] 4431. Annual reports. The County Superintendents shall, on or before the fifteenth day of May, annually, make out and forward to the State Superintendent the enumeration of their respective counties, with the same particular discrimination required of the Trustee. They shall, on or before the first day of September, annually, furnish the statistical information, which Trustees are required to report to them in such form as may be prescribed by the Superintendent of Public In- struction. They shall also furnish with such statistical report such additional information embodied in a written report relative to the con- dition of the schools, school houses, and the general progress of education, SCHOOL LAW OF INDIANA. 63 etc., ill the county, as the State Superintendent may from time to time call for. On failure of any County Superintendent to make his report of enumeration by the first day of September [fifteenth day of May,] his county shall be subject to a diminution of twenty-five dollars in the next apportionment of school revenue by the State Superintendent ; and, on failure to make his statistical and other reports by the fifteenth [first] day of September, his county shall be subject to a diminution of ten dollars in the next apportionment likewise. The sum thus withheld may be collected from said County Superintendent, in a suit before a Justice of the Peace, prosecuted in the name of the State by any person living in said county who has children enumerated for school purposes, for the current year, and who is aggrieved by said diminution. Said suit shall be commenced within two years from the time when said re- port was due, and not afterward : Provided, That said County Super- intendent may discharge himself from liability to such suit by a certifi- cate of the postmaster, that said report was mailed in due time, together with his own affidavit of that fact. (41) 1. Amendments explained. The school law of 1861 for the first time re- quired the Trustees to report the enumeration to the County Examiner, and the Examiner to report it to the Superintendent of Public Instruction. The report was then made on or before September 1st. The amendment of the section in 1878 changed the date to May loth, as it still remains, and tixed September 15th as the date of the statistical report. The amendment of 1883 changed this latter date to September 1st. In re-writing the section for amendment in 1883 a mistake was made in the latter part by naming September 15th instead of May 15th, and the 15th instead of the 1st of September, as the last days of grace for the several reports. — Holcovibe, Supl. 2. Private institutions. County Superintendents are expected to furnish statistical and other reports relative to private schools, high schools, colleges and otlier private institutions of learning within their respective counties, so as to enable the Superintendent of Public Instruction to present a view of all the edu- cational facilities of the State. — Ilopkhin, Supl. 3. Bureau op Statistics. County Superintendents are also required to fur- nish information to the State Bureau of Statistics. — See H433, note 4, and E. S. 1881, §5720. (1865, p. 3. Approved and in force March 6, 1865.] 4432. Apportionment— Report. The County Superin- tendent shall make out, from the lists of enumeration and the reports of transfers, the basis of the apportionment of school revenue to the sev- eral townships, towns and cities of their respective counties, and parts of congressional townships of adjoining counties whose congressional township fund is managed in their counties, and report the same to the proper County Auditors by the first day of June, annually, so as to 64 SCHOOL LA^V OF INDIANA. enable County Auditors to accurately apportion the school revenue for tuition. (42) 1. Congressional townships. The basis of apportionment should show, by number and range, the congressional townships, or parts of congressional town- ships, which form each civil township, the number of children enumerated in each of such parts ; also the whole number of children enumerated in each civil township. With the basis of apportionment he should file with the Auditor a sepa- rate statement showing what congressional townships whose funds are managed in his county are divided by the county line ; also, the number of children enumer- ated in each part of such townships. — Hohh, Supl. [1873, p, 75. Approved and in force March 8, 1873.] 4433. Compensation. The County Superintendent shall receive four dollars for every day actually employed in the discharge of the duties required by this act. But before the County Commissioners shall allow his per diem, the same shall be presented in a bill of account stating, in separate items, the nature and amount of service rendered on each day for which he claims compensation ; which bill of account shall be verified by affidavit to the eifect that the same and each item thereof is just and true. The County Auditor shall draw his warrant on the County Treasurer for the amount allowed by the Board in favor of said Superintendent, and the Treasurer shall pay the said warrant out of the ordinary county revenues : Provided, however, That the said Board of Commissioners shall have power to determine the number of days in each year in which the County Superintendent may labor in the performance of the duties required of him in visiting schools : Provided, further, The number of days so allowed in each year for visiting schools shall not be less than the whole number of schools in such county over which such Superintendent has control ; and he shall receive no perquisites whatever. (43) 1. Limitation of visits — mileage. Until the Board has established such limitation or number the Superintendent is justified in claiming pay for every day actually used by him in performing such duties ; and the Board can not, after he has performed such labor, then limit the number so as to reduce it below the num- ber of days he has labored in the performance of his duties in visiting the schools for the past year. They must establish such number before he has performed the labor, and if they do not and he exceeds the number they afterward establish, he is not bound by such action of the Board except as to work he may do in the future. The statute makes no allowance for mileage. — Baldwin, Athj-Gen.; § 4429, nole 6. 2. Blanks— stationery — postage. The blanks for reporting condition of schools, and the printed course of study, ordered by the County Board of Educa- tion, may be paid for by the Trustees of each township, out of the special school revenue, and the bills presented by them to the Board of Commissioners in their annual settlements. In regard to blank forms of licenses being paid for by the county, that is a matter of economy for the Commissioners to decide upon. If they SCHOOL LAAV OF INUIANA. (jf) will not pay for such blanks, then the Superintendent must furnish them at his own expense or write them out. In the last case he would be entitled to charge his per diem while so actually employed. Probably, under ? 6028 E. S., the Board is authorized to furnish him stationery, which may include these blanks. So of postage and expressage. There are certain articles and information which the Superintendent must furnish the teachers and officers of schools. He can do this in person, or else by mail or express. When a letter will do as well as a personal visit, and it is necessary to convey the information, it is economy in the county to lurnish postage rather than have the Superintendent go personally and pay him at the rate of four dollars per day. — Baldivin, Atty-Gen. 3. Office furnished. The County Commissioners are not required to fur- nish the County Superintendent an office. Even if they were required to furnish him an office, they would not, in the absence of a contract, be liable to him for the use of an office of his own for the purposes of the County Superintendent.-— Board %. Axtell, 96 Ind. 384. It is undoubtedly proper, and not at ail in conflict with the above decision of the court, that the Commissioners should allow the County Superintendent the use of a room in the court house, whenever possible. The newer court houses invaria- bly provide accommodations for the County Superintendent. — Hnlcomhe, Supt. 4. Eeports to Bureau of Statistics. The duty imposed on tlie County Superintendent of schools, by R. S., 1881, g 5720, to make reports to the Bureau of Statistics, is an official duty imposed upon the officer, for which he is not entitled to compensation. — Yeager t. Board, 95 Ind. 427. 5. From the fact that § 5720 (R. S. 1881) enumerates a large number of persons or classes of persons from whom reports may be exacted, I am of the opinion that each person or officer mentioned can be required to report only those matters with which their business makes them conversant. Thus the County Superintendent can be required to report the educational statistics of the county, but can not be made a collector of general information. — Holcombe, Supt. [1875, p. 131. Approved and in force March 9, 1875.1 4434. Duty as to apportionment. Such Superintend ent shall see that the full amount of interest on school fund is paid and apportioned, and, when there is a deficit of interest of any b'chool fund, or loss of any school fund or revenue by the county, that proper war- rants are issued for the re-imbursement of the same ; l)ut no per centum beyond what is provided for herein and allowed, shall in any case be paid him by said Board of Commissioners. (6) [1873, p. 75. Approved and in force March 8, T873.] 4435. Duty as to school fund. The ofiicial dockets, records, and books of account of the Clerks of the Courts, County Auditor, County Commissioners, Justices of the Peace, Prosecuting Attorneys, Mayors of cities, and Township and School Trustees, shall be open at all times to the inspection of the County Superintendent , and o— ScH. Law, 66 SCHOOL LAV,' of INUIy\NA. whenever he shall find that any of said officers have neglected or refused to collect and pay over interest, fines, forfeitures, licenses, or other claims, due the school funds and revenues of the State, or have mis- applied the school funds and revenues of the State, or have misapplied the school funds or revenues in their possession, he shall be required to institute suit in the name of the State of Indiana for the recovery of the same, for the benefit of the school funds or revenues and make report of the same to the Board of County Commissioners and to the State Super- intendent. (7) 1. Instituting suits. It was held by the Supreme Court, in Moore v. State, 55 Ind. 360, that the section which now appears as § 5668 E. S. 1881, repealed so much of this section as authorized the Superintendent to bring actions, and made the Attorney (jeneral the only proper relator ; but in the later case of Carr v. State, 81 Ind. 342, the Court overruled its former decision, saying : " We perceive no reason for saying that there is any inconsistency between this act which confers upon the Attorney General power to collect and to sue, and the previous acts which conferred similar power on other officers They may well stand altogether, and which ever officer first institutes a suit will have the precedence." In view of the uncertainty surrounding this question, it would probably be held to be a sufficient compliance with the law if the Superintendent should examine dockets and make an investiga- tion whenever he has reason to suspect that collections have been neglected, or school funds or revenues misapplied, by the officers named above, and should notify the Attorney General in case there seems to be ground for a suit. — Holcombe, Supl. 2. Suit against township trustee. A County Superintendent may bring an action against a defaulting Township Trustee; but his right to bring such an action does not prohibit the successor of such Trustee suing his predecessor. — Nichols 1. State, 65 Ind. 512. [1877, p. 122. Approved and in force March 2, 1877.] 4436. County Board of Education. The County Superintendent and the Trustees of the townships, and the Chairman of the School Trustees of each town and city of the county shall constitute a County Board of Education. Said Board shall meet semi-annually at the office of the County Superintendent ou the first days of May and September (unless the said days be Sunday, and if so on the day follow- ing), a majority of whom shall constitute a quorum. The County Superintendent shall preside at the meetings of the Board, shall be allowed to vote on all questions as other members of the same are al- lowed to vote. Said Board shall consider the general wants and needs of the schools and school property of which they have charge, and all matters relating to the purchase of school furniture, books, maps, charts, etc. The change of text-books, except cities, and the care and manage- ment of township libraries, shall be determined by such Board, and each township shall conform as nearly as practicable to its action ; but no text-book hereg^fter adopted by the County Board shall be (;hanged SCHOOL LAW OF INDIAiSTA. H? within six years from the date of such adoption, except by unanimous vote of all the members of such Board. Provided, That any text-book heretofore adopted by the County Board of Education shall not be changed within three years from the date of its adoption. (8) 1. Adjoxtrned, not called meetings. The law provides for the assembling of the county board semi-annually on the first days of May and September. The Board having met on the first day of September they would have a right to adjourn from day to day until the business before them was completed. But if they have adjourned sine die, they would not have a right to meet any more until the 1st day of May. — Woollen, Atty-Gen. I think this opinion of Attorney-General Woollen properly states the law on the subject. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 Ind. 491. — Hord, Ally- Gen. 2. Quorum, course of study, rules and regulations, records, etc. In the absence of the County Superintendent the Board may appoint one of its mem- bers president pro tern. No action can be taken by the Board unless a majority of all the members are present. If such majority be present at any meeting the Board may take legal action upon suitable questions by a majority vote of those present ; but some questions require a majority vote, and others a unanimous vote, of all the members of the Board. The Board may adopt a course of study for the district schools, and rules and regulations for the government thereof, but it should not attempt to make rules for the schools of towns and cities. It is very important that school officers and county boards should make a careful record of their proceedings. If a board takes any legal action, and fails to record it, or makes an incorrect record, the record can be amended by order of the board at a subsequent meeting. A legal act is not necessarily void by reason of a failure to make a record of it ; but if a question should arise as to the action of a board, evidence may be taken at a subsequent meeting outside the records, and a new record may be made in accordance with the fact as ascertained. — Smart, Supf. The County Board and Trustees have the right to make such rules and regula- tions, according to law, as will tend to promote the general good of the public schools, and it is the duty of teachers to carry out such rules in good faith. — Bloss, Supt. 3. Can not make contracts. The County Board of Education has no power to make contracts. It is merely a 14. Over payment. If a Treasurer pays more than he is required to pay to liis successor, he must bring an action to recover the amount of such over-payment within six years after the fact of payment ; and if such over-payment was occa- sioned by his failure to keep proper vouchers and accounts, and he settled with the County Commissioners without making claim therefor, he can not recover the amount thereof, — Butt i\ Jeunings School Towpship, 81 Ind. 69, SCHOOL LAW OF INDIANA. 79 15. Advancing money. A Township Trustee, who, ia good faith, employs necessary and pi-oper teachers, and when it is unexpectedly found that the public funds provided are insufficient to pay them in full, advances the deficit out of his own money, has a demand against the school township which he may recover. — Kiefer c. Troy School Township, 102 Ind. 279 ; Murphy v. Oren, 121 Ind. 59. And so may a city or town Treasui'er who advances money under like circumstances. 16. Mixing funds. The several school funds should be kept separate; but if payment is made out of the wrong fund, the fund from which it should have been made can be drawn upon to make up the deficiency in the over-drawn fund; and in a suit against the Trustee, he should have credit in this way. State v. Finney, 125 Ind. 427; Murphy v. Oren, 121 Ind. 59; Finney v. State, 126 Ind. 577. 17. Officer de facto liable can not deny liability. It is no defense to an action by a school corporation to recover its moneys of one who had intruded unlawfully into the office of treasurer of the corporation, that another is holding that office. — Lucas v. State, 86 Ind. 180. 18. Ownership of fund. The officer holding the school funds for the time being is the owner thereof, and entitled to all the interest that he may receive by a loan of the funds.— Brown v. State, 78 Ind. 239 ; Bocard v. State, 79 Ind. 270 ; Eock V. Stinger, 36 Ind. 346 ; Shelton v. State, 53 Ind. 331 ; but if he receives the intei-est accruing on warrants issued by the County Auditor on the County Treasurer, he is liable for the amount of such interest thus received. — Hadley v. State, 66 Ind. 271 . 19. Refunding to Trustee. An act of the Legislature refunding to a School Trustee, out of the funds of his school corporation, moneys lost without his fault, is valid.— Mount r. State, 00 Ind. 29. [1865, p. 3. Approved and in force March 6, 1865.] 4442. Record — Duty as to revenue. The Trustees shall keep a record of their proceedings relative to the schools, includ- ing all orders and allowances on account thereof ; including, also, ac- counts of all receipts and expenditures of school revenue, distinguish- ing between the special school revenue belonging to their township), town, or city, and the school revenue for tuition, which belongs to the State, and by it apportioned to their township, town or city ; which said revenue for tuition they shall not permit to be expended for any other purpose, nor even for that purj)ose in advance of its apportionment to their respective corporations. (8) 1. Note. This restriction on spending money in advance does not apply to money raised under ? 4469 and 4470. — Harvey v. Wooden, 30 Ind. 178. 2. Tuition revenue. From the various provisions of the law upon this sub- ject, it is understood that no portion of this money can be lawfully applied to any other purpose than the payment of the wages of teachers in the common schools of the State. It can not be used to pay fees to the County Auditor, or Treasurer, or Township Trustee, or Superintendent of a graded school, or a janitor, or a librarian, or for fuel, furniture or repairs. — Rugg, Supt. 3. Embezzlement. The application of money belonging to one fund to the use of another is a criminal offense, the punishment of which is imprisonment in so SCHOOL LAW Oi-' INDIANA. the State prison for not less than one nor more than five years, a fine of not less than one nor more than one thousand dollars, and disfranchisement, and incapacity to hold any office of profit and trust. — R. S. 1881, § 1951. 4. Misdemeanor. If any Township Trustee shall refuse to pay any just claim or demand against any fund of said township, when the money belonging to said fund is in his hands, he shall be deemed guilty of a misdemeanor, and, on convic- tion, shall be fined in any sum not less than ten dollars and not exceeding fifty dollars.— E. S. 1881, § 2050. 5. Liability. A Trustee of schools who has had no part in the misapplica- tion of tuition revenue is not liable therefor. — State v. Julian, 93 Ind. 292. G. Ikspectign of books. School Trustee's records, either of a city, town or township, are public records, always open for public inspection, and any one inter- esteri therein has a right to examine them. Anderson School Township i'. Thomp- son, 92 Ind. 556. 7. Payment or claims. Mandamus lies to compel a Township Trustee or a Board of School Trustees to pay a valid claim. — Frisbie r. Fogg, 78 Ind. 269. 4443, Annual statement. The Township Trustees and the School Trustees of incorporated towns and cities shall, immediately after their annual settlements with the County Commissioners, in Octo- ber [August] make a full statement of all their receipts and expendi- tures, for the year preceding, relative to their schools. (9) 1. The time for making the annual settlement with commissioners was changed in 1883 from October to August.—? 4441. 2. Civil and school townships. The conclusion is inevitable that every Township Trustee must make a report within five days after the last Saturday of each February, and that such report must contain a statement of all the receipts and expenditures of all the revenues of the civil township (R. S. 1881, § 5998) ; but it need not contain a report of the receipts and expenditures of the scJiool revenue of the township, unless the Board of County Commissioners require it. On the first Monday after the second Tuesday in October [now the first Monday of August] every Township Trustee must make a report of all the receipts and expenditures of the school revenue of his township, but not of the receipts and expenditures of the civil township. — Baldivin, Atty-Gen. 4444. General duties. The Trustees shall take charge of the educational affairs of their respective townships, towns, and cities. They shall employ teachers ; establish and locate, conveniently, a suffi- cient number of schools for the education of the white children therein ; and build, or otherwise provide, suitable houses, furniture, apparatus, and other articles and educational appliances necessary for the thorough organization and efficient management of said schools. They may also establish graded schools, or such modifications of them as may be prac- ticable ; and provide for admitting into the higher departments of the graded school, from the primary schools of their townships, such pupils as are sufficiently advanced for such admission. They shall have the SCHOOL LAW OF INDIANA. 81 care and management of all property, real and personal, belonging to their respective corporations for common school purposes, except the congressional township school lands ; which lands shall be under the care and management of the Trustee of the civil township to which such lands belong. (10) 1. Power of trustee. The Township Trustee is clothed with almost auto- cratic power in all school matters. The voters and taxpayers of the township have but little, if indeed any, voice or part in the control of the details of educational affairs. So far as actual authority is concerned, the Trustee is the corporation, although in contemplation of law it is otherwise. — Wallis v. Johnson Tp., 75 Ind, 374; Bicknell v. Widner Tp., 73 Ind. 501. See I 4441, note 8. 2. Pateoks can not designate teachers. There is no provision of the law authorizing any other person than the Trustee to select a teacher. It is therefore held that the provision authorizing the Trustee to employ teachers, also authorizes him to select them, and that school meetings are not empowered by the law to designate or employ teachers. That power was taken from them in 1873. In some townships the Trustees by courtesy permit the voters of districts to select their respective teachers. I doubt their right to do so. The law wisely holds the Trus- tees responsible for the faithful performance of this duty. He is bound to obtain the best teachers that his money will secure. He has no right to employ a poor teacher when his money will control the services of a good one. He has certainly no right, then, to put it out of his power to thus use his best judgment in the selection. — Smart, Supt. 3. CoTiNTY can not btjili) SCHOOL HOUSE. A board of County Commissioners has no authority to make an appropriation of any sum out of the general fund of their county for the erection of a school building. — Eothrock i\ Carr, 55 Ind. 334. 4. Abandoned corporation. In case a town abandons its corporation, the powers and duties of the Board of School Trustees cease, the Township Trustee suc- ceeds thereto, and it becomes his duty to take charge of the schools without special notice. If he refuses to act, he becomes liable to prosecution. — Baldtvin, Atty-Oen. 5. Trustee can not employ himself. You ask me whether a Township Trustee has a right to teach school in his own township. In answer, I have to say that a Township Trustee, being the agent of the State to employ teachers for the public schools, is not authorized to employ himself, and such a practice, if it exists, is contrary to law, and should be discontinued. — Woollen, Atty-Oen 6. Contracts with teachers. A teacher contracts with the school township through its Trustee, and although the Trustee squanders the township funds and his bond is worthless, yet the township is liable to pay the teacher as specified in the contract. A verbal contract with a School Trustee to teach a school is as bind- ing as a written contract. If the Trustee had employed a teacher for the term or school year before the patrons of that district had petitioned him to have the Ger- man language taught in that district, then he was justified in paying no attention to their petition. — Baldwin, Atty-Gen. Harrison School Tp. v. McGregor, 96 Ind. 185; Harmony School Tp. v. Moore, 80 Ind. 276. 7. When contracts may be made. It would be detrimental to the public interests to permit retiring officers to bind their successors in the matter of employ- ing teachers for the succeeding year, as they might foist upon them persons that 6 — ScH. Law, 82 SCHOOL LAW OF INDIANA. were highly objectionable, and thus destroy that harmony which should exist be- tween employers and employes. As there seems to be no necessity for earlier ac- tion, I think the teachers should be employed by the Trustees who are required to manage the schools during the school year. — Woollen, Ally- Gen. But a contract made by the Board of School Trustees of an incorporated town or city with a School Superintendent, prior to the annual election of a new member of the board and the reorganization required by statute, for services to be performed after the election of such member, is valid and binding on the school corporation. — Keubelt v. School Town of Noblesville, 106 Ind. 478. The same rule applies to the employment of a teacher.— School Town of Milford v. Zeigler, 27 N. E. Eep. 303. 8. Eesignation op teachek. The relation existing between Trustee and teacher is based on a contract. A teacher can not resign without the consent of the Trustee. To abandon his school without such consent is a violation of his contract, and gives the Trustee a claim against him for any damages actually sustained by the school in consequence thereof. But the Trustee will withhold any part of the wages due the teacher at his peril, for unless actual damages can be proved the teacher may recover in a suit the amount withheld. — Holcombe, Swpt. 9. Location of houses. — Title. The title to property on which a school house is to be built must be in the school corporation ; and by proper proceedings land may be condemned for school purposes. — § 4508, 4517-4519. Trustees must not build outside their own jurisdiction, since the franchises of a school corporation can not extend beyond its own territory so as to attach to land or school buildings outside the corporate limits. — Mt. Carmel v. Shields, 66 Ind. 521. I do not think the law authorizes a Trustee to invest township funds in a joint stock company for the construction of a school house. But he may, having a deep for the land on which the school house stands, build one or more rooms or stories of such house, permitting other parties, or a joint stock company, to build addi- tional rooms or stories thereto, upon such conditions as will secure the protection and right use of that part owned by the township. — Hopkins, Supt. A school meeting of a district may petition the Trustee for the removal of the school house to a more convenient location, for the erection of a new one, etc., but the Trustee may exercise a sound discretion as to the propriety of taking such action. — § 4499. 10. Peoviding houses, furniture, etc. ■' The school authorities are not bound to furnish educational facilities beyond those which the funds, devoted by law to that purpose, will yield. It is not for them to burden the school township with debt by borrowing money. Their duty is fully performed and their power com- pletely exhausted when they have properly expended all money derived from the school revenue. — Wallis v. Johnson Tp., 75 Ind. 375. But where money had been loaned to a Township Trustee for the purpose of completing a needed and suitable school house, the school township receiving the benefit of the loan was held to be liable therefor. — Bicknell i;. Widner Tp., 73 Ind. 501. See § 4441, note 8. 11. Text-books may be furnished. A Township Trustee can not purchase at the expense of the township, text-books for the use of the pupils attending the public schools of the city or township — Honey Creek School Township v. Barnes, 119 Ind. 213. Books can be bought, however, by the Trustee for poor children con- lined in county asylums or homes for orphan children. 12. Indispensable articles. Among the indispensable articles of furniture and apparatus are a few chairs, a teacher's table, black boards and crayons, a clock, SCHOOL LAW OF INDIANA. 83 a thermometer, a dictionary, a water-pail and cups, pointers, erasers, brooms and brushes. Each school should also be furnished with a terrestial globe and suitable wall maps, and there should be a closet in which the movable property of the school may be secured. — Smart, Siipt. The Trustees are under the law the judges whether furniture is needed ; and contracts therefor, and in consideration of the purchase of maps and dictionaricy, will bind the corporation. — Moral Tp. t. Harrison, 74 Ind. 93; Johnson Tp. c. Buul;, 81 id. 515; Jackson Tp. v. Hadley, 59 id. 534. 13. Contracts of Trustees. Contracts for the benefit of school corporations, whether to build houses, employ teachers or purchase supplies or apparatus, should be made by the Trustee in the name of the school, not the civil, corporation. — Hornby v. State, 69 Ind. 102 ; Harrijson Tp. v. McGregor, 67 id. 380. A school town is bound, as such, for the contract price of material furnished and labor performed by another, in the erection of a school building for such town, under a parol contract therefor, made with him by the School Trustees of such town, Princeton Tp. v. Gebhart, 61 Ind. 187, but a mechanic's lien can not be taken upon the building for materials furnished therefor and labor performed thereupon. — Fatout V. Board of School Com., 102 Ind. 223. A suit to set aside a contract for the building of a school house and to enjoin the doing of the work, on the ground of fraud on the part of the Township Trustee, in the making of the contract, is properly brouglit in the name of the State, for the use of the civil township. — State v. Earhart, 27 Ind. 110. A contract hj a School Trustee for the improvement of school property, by the terms of which he is to share in the profits is void, both at common law, and under the statute. — Wingate v. Harrison Tp., 59 Ind. 520. The penalty for such corrupt interest in contracts is a fine of from three hun- dred to one thousand dollars, and imprisonment for from two to fourteen years. — 11. S. 1881, I 2049. 14. Graded schools. This section gives the Trustees ample power to organ- ize, at their discretion, such a system of free schools as the peculiar circumstances of their Townships may require. The schools may be all of the same grade, or of two or three or more grades. They may classify the children of the township accord- ing to acquirements. They may authorize the teaching of any branches of science, literature and art which public interest and public opinion may require. — Larrabee, Sivpf. The separation of pupils into different schools or departments, according to age and acquirements, is not an abridgement of their rights. — Corey v. Carter, 48 Ind. 360 ; vState v. Grubb, 85 Ind. 213 ; State v. Gray, 93 Ind. 303. A graded school is a school in which the pupils are placed in different rooms and under different teachers, according to advancement. Consequently, the greater the number of rooms and teachers for any given school the more favorable the means for perfect grading. From this it will be seen that a graded school as con- templated in the above section can not exist with less than two teachers. With one the school may be classified but not graded. Trustees will therefore have regard to this element when they put up buildings designed for graded school. 2d, As to the time when a graded school should be established for any given township, no definite directions can be given. There are too many local elements to admit of any special directions. It is, however, safe to say that whenever there are pupils in the township whose advancement is such that the district schools can not furnish. 84 SCHOOL LAW OF INDIANA. them instruction, at that moment begins the need of a township graded school furnishing instruction of a higher grade. The Trustee must, however, be satisfied that the number of sucli pupils is sufficient to justify the establishment of such a school before providing the same. 3d, As to place I would suggest that whenever practicable the township graded school should be established in connection with a district school, thus economizing in building, perhaps in teaching, also furnishing the means of a more thorough grading in at least one primary school in the town- ship. It is suggested further that a village, if centrally located, is usually a favor- able place for the township school. — Hua.i, Supt. 15. Pay of graded school teachers. A township graded school is a com- mon school, as it is open alike to all the children of the township who are suffi- ciently qualified for admission. Therefore Township Trustees have the right to pay principals and teachers of graded schools for all service which they render as teachers in such schools, frem the school revenue for tuition apportioned by the State. — Smart, Supt. 16. Custody of school property. The Trustee of each school district has charge and possession of the school house, for although the director has the charge for certain purposes, he acts under the order and with the concurrence of the Trustee.— Hurd v. Walters, 48 Ind. 148 ; ? 4504. 17. Care of premises. In employing teachers the Trustees should bind them by contract to a strict care of all school property under their charge. Teachers can do much in this matter by direct supervision, and perhaps more by the incul- cation of proper sentiments in the minds of their pupils. Section 4504 provides that the director shall, under the general order and concurrence of the Trustee, take chai'ge of the school house and the property belonging thereto. This may be made an efficient means in the preservation of property. To this end, however, the Trustee and director should distinctly understand each other, each knowing definitely the portion of this work which falls to him. This can only be done by conference, hence it is suggested that Trustees occasionally call the directors together for con- sultation on this and other school matters. This done, each officer will understand the exact duties assigned him, and it is hoped he will hold himself responsible for the prompt and full discharge of the same, especially so in reference to the care and preservation of school property. — Hosg, Supt. The teacher can be required to exercise care in locking the school house and out houses and making them as secure against injury as possible whenever he leaves the premises, but can not be held responsible for damages occurring during his absense from the premises or when they are not under his control, as when occupied by other persons with the Trustee's permission. — Holcombe, Supt. 18. Congressional lands. When those lands are divided by a county or civil township line, the voters of the congressional township to which they belong shall designate the Trustee of one of the civil townships in which they lie to have the care and management of them. — 'J 4330. 19. Borrowing money — Executive notes — Liability of corporation. A Trustee of a school corporation has no authority to borrow money. He has no authority to incur any indebtedness except for school purposes, and then only in cases contemplated by statute. He has no general authority to execute promissory notes ; his authority in this respect is a special one, and can only be exercised in conformity to the statute creating the corporation. The authority to execute prom- issory notes is confined to cases where the debt which the note evidences is for SCHOOL LAW 01' INDIANA. 5;) legitimate school purpobes. The cases very clearly establish the princi- ple that the corporation is only liable on an implied contract, and not on the notes and such a contract can not exist unless it is shown that the school corporation received the consideration of the notes. •■■ '■' The authorities ail agree that an implied contract only exists in cases where the defendant received the considera- tion of the contract, and Avhere this appears, and only where it appears, he is liable for the reasonable value of the property received. — Reve Township v. Dobson, 98 Ind. 4SJ7. 20. Orders without consideration void. Where the Trustee of a school township has issued an order or certificate of indebtedness, in the name of his township, without any consideration therefor, such order or certificate is invalid and void, and can not be enforced against the township ; nor in such cases will the acts, conduct or promises of the Trustee, or his successors in otfice, estop the town- ship from pleading the want of consideration as a sufficient defense to any suit against it upon such order or certificate. — Axt v. Jackson Township, 90 Ind. 101. 21. May abolish districts. After a School Trustee has, on appeal, been ordered by the County Superintendent to provide furniture for the school house of a certain district, he may at once abolish the district and provide proper school facilities for the people thereof in other districts. — State v. Sherman, 90 Ind. 123. 22. Must control school premises. A School Trustee has no authority to provide furniture for a room for school purposes, or to employ a teacher for serv- ice therein, unless such room is owned or leased by the school township. — State v. Sherman, 90 Ind. 123. 23. Abandoning graded school. If a Township Trustee consolidates two or more districts, and establish in place of them a graded school, and afterward finds it to the advantage of the schools of the township to abandon such graded school and re-establish the district schools, he may do so. — LaFolletfe, Supf. 24. Rules and kegulations. School Boards and other educational authori- ties have power to adopt appropriate rules and regulations for the government of the schools under their control. It is not necessary that all such rules shall be made a matter of record, nor that every act, order or direction affecting their manage- ment shall be authorized or confirmed by a formal vote ; but any reasonable rule adopted by a superintendent or teacher not inconsistent with some statute or some other rule prescribed by higher authority, is binding upon the pupils. A rule re- quiring the superintendent of city schools to visit weekly all the schools under his charge, and to see that the best methods of instruction are adopted, confers upon him authority, if it were otherwise wanting, to order and promulgate such additional reasonable rules as the best interests of the schools may require. — Fertich v. Miche- ner. 111 Ind. 472. 25. Enforcement of rules. In the enforcement of all rules for the govern- ment of a school, due regard must be had to the health, comfort, age, mental and physical condition of the pupils; and to the circumstance attending such particular emergency, and the condition of the weather, the infirmity of a pupil, and the like, may require relaxation in their strict enforcement. A school regulation must not only be reasonable within itself, but its enforcement must also be reasonable under all the circumstances. — Fertich v. Michener, 111 Ind. 472, 26. Locking doors. The habit of locking the doors of a school room during the opening exercises is not an unreasonable enforcement, under ordinary circum- stances, of a rule requiring pupils to remain in the hall during that time; but if 86 SCHOOL LAW OF INDIANA. the weather is unusually severe, and proper steps are not taken for the comfort of children thus excluded, such method of enforcement is unreasonable and improper. A rule requiring tardy pupils to remain either in the hall of the school building, which is provided with heat, or in the office of the principal, until the opening exercises, lasting from ten to fifteen minutes, are concluded, in order that such exercises may not be interrupted or disturbed, is in itself a reasonable regulation. — Fertich i. Michener, 111 Ind. 472. 27. Detention of pupil after school houks. iSuch detention, as a penalty for some omission or misconduct, is one of the recognized methods of enforcing dis- cipline and promoting the progress of pupils in the common schools, and although the cause for such detention be mistaken it possesses none of the elements of false im- prisonment, unless imposed from wanton, willful or malicious motives. — Fertich v. Michener, 111 Ind. 472. 28. Liability of school officeb. A school officer is not personally liable for a mere mistake of judgment in the government of his school ; but to render him liable, it must be shown that he acted in the matter complained of wantonly, will- fully or maliciously. — Fertich v. Michener, 111 Ind. 472. [1873. p. 68. Approved n.nd in force Ma,rch 8, 1873.] 4445. Superintendent in cities and towns. The School Trustees of incorporated towns and cities shall have pow^er to em- ploy a Superintendent for their schools (vv^hose salary shall be paid from the special school revenue), and to prescribe his duties, and to direct in the discharge of the same. (12) 1. Compensation. In case a person is employed to superintend part of the time and teach part of the time, he can be paid for the service he renders as Superin- tendent out of the special revenue, and for the services he renders as teacher out of the tuition revenue. If paid anything from the latter, he must possess a valid license. — Smart, Supf. 2. When may employ Supekinteni>ent. See ? 4444, note 7. 4446. Joint graded schools. The School Trustees of two or more distinct municipal corporations for school purposes shall have power to establish joint graded schools, or such modifications of them as may be practicable, and provide for admitting into the higher departments of their graded schools, from the primary schools of their corporations, such pupils as are sufficiently advanced for such admission. Said Trustees shall have the care and management of such graded schools, and they shall select the teachers therefor. They shall have power to purchase suitable grpunds for such graded schools, and erect suitable buildings thereon ; and the title to all such property, acquired for such purposes, shall vest jointly in the corporations establishing the graded schools. (13) 1. Joint graded schools — appeal. An incorporated town and township can unite and establish a joint graded school, and it will not be necessary for the towo tp extend its limits so as tg enclose the sites gf the school hoyse. The town SCHOOL LAW OP INDIANA. 87 and township authorities have no power to enter into an agreement with an incor- porated association for school purposes, that the three shall run and control one school, and that such association shall have equal control over the school with such town and township authorities. The control of the public school can not be fettered by any private person. Possibly an appeal will lie from the decision of two Township Trustees refusing to build a joint graded school house. In case two Township Trustees of difierent counties are petitioned to build such a school house, the Superintendent of that county to whom an appeal is first taken would have jurisdiction of the case to the exclusion of the Superintendent of the other county. It is a new question, but this is my best judgment in the matter. — Baldwin, Atty- Gen. 2. Management and supervision. A joint graded school, as to its manage- ment and teachers, is subject to the same laws, rules and regulations as township graded schools [? 4444, notes 14, 15], except that it is under the joint management of the School Trustees of both corporations. But the teachers should attend the institutes of the county and township in which the school is situated, and should be under the supervision of the Superintendent of that county. — Smart, Supt. The Trustees of the two school corporations act as individuals, and do not as a unit represent their respective corporations. A majority of the whole Board of Trustees, whether such majority come from the different corporations interested or from one corporation entirely, have the power to transact any and all business, in- cluding the employment of teachers, relating to such joint graded school. — Han- over School Township r. Gant, 125 Ind. 557. 3. Proportional contributions. While the section that provides for the establishment of joint graded schools by two or more distinct corporations is silent as to the proportion in which each shall contribute to the expense, yet I am of opinion that their contributions should be in proportion to the number of pupils they will each send to the new school. Such is the rule in the case of joint dis- trict , schools [§ 4513] and I think the same reasons apply to joint schools of all kinds. — Holemnhe, Sopt. 4. Purchase of Property. The two corporations may purchase jointly real estate ; and the Trustees are the sole judges of the right to purchase property of this character.— Craig School Township v. Scott, 124 Ind. 72. [1879, S. p. 95. Approved March 31, 1879 ; and in force May 31, 1879.] 4447. Surplus special school revenue. It shall be the duty of the Board of School Trustees of any city or incorporated town in this State to pay over to the Common Council or Board of Trustees of such city or town any surplus special school revenue in the hands of such School Trustees, not necessary to meet current expenses; such excess of the revenue aforesaid to be applied for the payment of the interest or principal, or both, of any indebtedness incurred under the provisions of the act of March 8, 1873, authorizing cities and in- corporated towns to negotiate and sell bonds to procure means to erect and complete unfinished school buildings, and to purchase any ground and building for school purposes, and to pay debts contracted for the erection and purchase of buildings and grounds. (1) 88 SCHOOL LAW OF INDIANA. 1. See I 4488-4490. 2. Note. This section appears in the Revised Statutes as 4492, but being the same in effect, and almost the same in terms as 4477, and a later enactment, it is here substituted for it. 3. Payment fob school house. A city can not pay for a school house out of its general fund. Such payment must be made out of a fund especially levied for that purpose. — Nill v. Jenkinson, 15 Ind. 425. [1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.1 4447 a. Kindergartens. In addition to other grades or departments now established in the common schools of the State, the Board of Trustees of any incorporated town or city are hereby em- powered by law to establish, in connection with the common schools of such incorporated town or city, a kindergarten or kindergartens for the instruction of children between the ages of four and six, to be paid for in the same manner as other grades and departments now established in the common schools of such incorporated town or city : Provided, how- ever, That no money accruing to such incorporated town or city from the " school revenue for tuition fund" of the State shall be used to defray the tuition and other expenses of such kindergarten ; but the same may be defrayed from the local tax for tuition and the special school revenue of said incorporated town or city. (1 ) [1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 4447 b. Night SCJlOOlS. tn all cities having a population of three thousand, or more, according to the census of 1880, the School Trustees of such cities shall keep and maintain a night school, between the hours of seven and nine and a half o'clock p. m. , during the regu- lar school terms as a part of the systems of common schools whenever twenty or more inhabitants of such city having children between the ages of fourteen and twenty-one years of age, or persons over the age of twenty-one years of age, and who, by reason of their circumstances, are compelled to be employed, or have their children employed during the school days to aid in the support of such families, who desire to and who shall attend such school, shall petition such School Trustee so to do. (1) ' ^ . Note. — If a city or town has a population of 3,000 by the census of 1890, it is entitled to maintain a night school. — A. G. Smith, Atty-Ge.n. 4447 C. Age of Pupils. All persons between the ages of fourteen and thirty, who are actually engaged in business or at labor during the day, shall be permitted to attend such school. (2) [1891, p. 348. Approved and in force March 7, 1891.J 4447 d. Manual training schools, in all cities of the State of Indiana having a population of one hundred thousand or over, Ir'CHOOL LAAV 0¥ INDIANA. 89 as shown by any census taken, by lawful authority, it shall be lawful for the Board of School Commissioners, or other school authorities hav- ing charge and management of the common schools of said city, to es- tablish in connection with and as part of the system of common schools therein, a system of industrial or manual training and education wherein shall be taught the practical use of tools and mechanical implements, the elementary principles of mechanical construction and mechanical drawing. (1) 4447 e. Teachers and instruction. Such Board of School Commissioners, or other school authorities, upon establishing such system of manual or industrial training and education, shall employ competent instruction in the various subjects to be taught, and establish such general rules and regulations for the admission of pupils and the conduct of the schools wherein the same shall be taught as in their judgment will produce the best results, and give instruction to the largest number of pupils practicable. They may provide for such in- struction in separate rooms, or separate buildings, as in their judgment may be most advantageous (2) 4447 f. Tax levying- to support schools. Any such Board of School Commissioners or other school authorities, having decided to establish such system of industrial or manual training, shall have authority, in addition to all other taxes now authorized to be levied, to levy a tax of not exceeding five cents on each one hundred dollars of property liable for taxation for school purposes, to be levied and col- lected as other taxes for school purposes are levied and collected, for the purpose of purchasing grounds and erecting buildings, or for renting buildings wherein such instruction shall be given, the purchase of all necessary tools, implenients and apparatus, and for the payment of instructors and other expenses incident to the maintenance thereof: Provided, That no portion of the taxes so levied and collected shall be applied to any other purpose. (3j [1877, p. 18. Approved and in force March 3, 1877.] 4448. Things legalized. Where the excess of special school revenue not necessary to meet the current demand upon such revenue shall have been, prior to the passage of this act, loaned, paid over, or applied, as provided in the preceding section, such loan, pay- ment, or application of such moneys is hereby legalized and made Valid, as fully and completely as if this act had been in full force and effect at the time such transaction took place. (2) 90 SCHOOL LAW OF INDIANA. [1865, p. 3. Approved and in force March 6, 1865.] 4449. Teacher's reports. To enable the Trustees to make reports whicli are required of them by this act, the teacher of each school, whether in township, town, or city, shall, at the expiration of the term of the school for which such teacher shall have been employed, furnish a complete report to the proper Trustee, verified by afiidavit, showing the length of the school term, in days ; the number of teachers employed, male and female, and their daily compensation ; the number of pupils admitted during the term, distinguishing between males and females, and between the ages of six and twenty-one years ; the average attendance ; books used and branches taught, and the number of pupils engaged in the study of each branch. Until such report shall have been so filed, such Trustee shall not pay more than seventy-five per centum of the wages of such teacher, for his or her services. (20) 1. The report final. The law requires a teacher to make a report to the Trustee at the end of the term for which said teacher shall have been employed. I think the contemplated report is a final report. It may be at the end of two, three or four months, as the case may be, or at the end of the year. I think that a re- port made in the middle of a term would not be a final report as contemplated by the law, unless the teacher at that time severed his connection with the schools. — Smart, Supt. 2. Teacher excused, when. If the school authorities fail to furnish a building in which to teach the school, or refuse to furnish a school to be taught, or wrongfully discharge the teacher, such teacher is excused from making a report. — Charlestown Tp. v. Hay, 74 Ind. 127. 3. Withholding wages. The provision on this subject is designed to give the Trustee a means of securing the final report from the teacher. It will generally be sufficient for this purpose to withhold a part or all of the wages of the last month only before the report becomes due. Any other practice would inflict on teachers a hardship which I am persuaded was not intended by the Legislature. — Holcombe, Supt. 4. Suit. It is a part of a teacher's contract that he will make a report, and until he does so he can not recover more than three-fourths of his wages, unless the Trustee has waived the report; and the burden. is on the teacher to show either that he made the report or it was waived, if he desires to recover the full amount of his earnings. — Owen School Township v. Hay, 107 Ind. 351. [1883, p. 118. Approved and in force March 6, 1883.] 4450. Trustees' report. The Trustees of each township, town, or city shall, annually, on the first Monday of August, make their report for the school year ending on the 31st day of July, and furnish to the County Superintendent the statistical information obtained from teachers of the schools of their respective townships, towns, or cities, and embody in a tabular form the following additional items : The number of districts ; schools taught, and their grades ; teachers, males SCHOOL LAW OF INDIANA. 91 and females ; average compensation of each' grade ; balance of tuition revenue on hand at the commencement of the current year ; amount received during the year from the County Treasurer, and amount ex- pended within the year for tuition ; and balance on hand ; length of school taught within the year, in days ; school houses erected during the year ; the cost of the same ; the number and kind before erected, and the estimated value thereof, and of all other school property ; number of volumes in the library and the number taken out during the year ending the 31st day of July ; also the number of volumes added thereto ; assessment on each one hundred dollars of taxable property, and on each 23oll of special tax for school house erection, and amount of such levy ; balance of special school revenue on hand at the commencement of the current year ; amount received during the year from the County Treas- urer ; the amount of said revenue expended during the year, and bal- ance on hand ; the number of acres of unsold congressional school lands, the value thereof, and the income therefrom ; together with such other information as may be called for by the County Superintendent and the Superintendent of Public Instruction. (21) 1. Amendments. The amendment of this section, and of 'i 4431 and 4441, is due to the recommendation of State Supt. John M. Bloss, and is a very beDeliciul measure. Heretofore Trustees made their annual reports of receipts and expendi- tures of school revenues to the County Superintendent on September 1st, and to the County Commissioners early in October ( § 4441 j, in each case for the year then ending. The result was great confusion between the two reports, rendering accu- racy almost impossible. The amendment of the sections giAi^es a standard year for all financial and statistical reports of School Trustees. The State Superintendent's report for 1882 (John M. Bloss) contains, on pages 123-133, an instructive account of this matter. 2. See § 4431, 4441 and 4452. [1865, p. 3. Approved and in force March 6, 1865.1 4451. Failure to report. On failure of any Trustee to make either the statistical report required by the last preceding section, or the report of the enumeration required by the sixteenth section of this act [§ 4473], or the report of finances required by the seventh sec- tion of this act [§ 4441], to the County Superintendent, at the time, and in the manner specified for each of said reports, the County Super- intendent to whom such reports are due shall, within one week of the time the next semi-annual apportionment is to be made by the Auditor of the county, notify said Auditor, in writing, of any such failure ; and the Auditor shall diminish the apportionment of said township, town or city by the sum of twenty-five dollars, and withhold from the delinquent Trustee the warrant for the money apportioned to his township, town or city, until such delinquent report is duly made and filed. For said 92 SCHOOL LAW oi? indjana. twenty-five dollars, and any additional damages which the township, town or city may sustain, by reason of stopping said money, such Trustee shall be liable on his bond, for which the County Commissioners may sue. (22) 4452. Neglecting" duties. If a Trustee shall fail to dis- charge any of the duties of his office relative to the schools, any person may maintain an action against him for every such offense, in the name of the State of Indiana, and may recover, for the use of the common school fund, any sum not exceeding ten dollars; which sum, when collected, shall be paid into the county treasury, and added by the County Au- ditor to said fund, and reported accordingly. (23) < 4453. Failing" to serve. Any person elected or appointed such Trustee, who shall fail to qualify and serve as such, shall pay the sum of five dollars, to be recovered as specified in the preceding section for the use therein named, and in like manner added to said fund, unless such person shall have previously served as such Trustee. (24) 4454. Trustee's accounts. The books, papers and ac- counts of any Trustee, relative to schools, shall at all times be subject to the inspection of the County Superintendent, the County Auditor, and the Board of County Commissioners of the proper county. (141) 4455. Examination of Trustee and his books. For the purpose of such inspection, such County Superintendent, Au- ditor, and Board of County Commissioners may, by subpoena, sunlmon before them any Trustee, and require the production of such books, papers and accounts, three days' notice of the time to appear and pro- duce them being given. (142) 4456. Correction of accounts— Removal. If any such books and accounts have been imperfectly kept, said Board of Commissioners may correct them, and, if fraud appear, shall remove the person guilty thereof. (143) 1. Only the Board of Commissioners can correct the Trustee's books. The County Superintendent has no power to make or order corrections on his own re- sponsibility, but may direct and assist Trustees in keeping their accounts and secur- ing accuracy, and for such labor he is entitled to compensation. — Holcombe, Sripf. 2. Inspection. The County Commissioners may inspect a Trustee's books to see if money paid out has been paid out according to law; and if fraud appears, to refuse to allow him credit for it, but otherwise they can not refuse to allow his claims. — LaFollette, Supf. See, also, Bicknell v. Widner School Tp., 73 Ind. 501. SCHOOL LAW OF tNl>IANA. 98 [1871, p. 20. Approved and in force March 1, 1871.] 4457. School system in large cities. In all cities of this State of thirty thousand or more inhabitants according to the United States census for the year eighteen hundred and seventy, there shall be elected, by the qualified electors of each school district of such city, one School Commissioner, to serve as a member of the Board of School Commissioners of such city. The first regular election for School Commissioners, under this act, shall be held on the second Saturday in June, in the year eighteen hundred and seventy-one, at the places to be fixed on for holding such election in the school districts of such city by the Common Council. All elections for School Commissioners shall be held in the same manner as elections are now held, and shall be gov- erned by the same laws that now govern general and municipal elections. The persons declared elected shall have issued to them, by the City Clerk, certificates of election ; and they shall, within ten days thereafter, take an oath of office, and file the same with the City Clerk. All regular elections for School Commissioners shall, thereafter, be held annually, on the second Saturday in June. (1) 1. Indianapolis is the only city which has organized its schools under this section. 4458. School districts. It is hereby made the duty of the Common Council of any such city, on or before the first Monday in May, 1871, by ordinance, to district the city into as many school dis- tricts as there are wards, and to define the boundaries of each district, and such boundries may be the present ward boundaries, or otherwise, as the Common Council may determine. Such school districts shall, however, be subject to change by the Board of School Commissioners at any time after its organization ; and in case the number of districts is increased, each additional district shall be entitled to elect one School Commissioner for such discrict at the annual election for School Com- missioners. The Common Council shall, at the time such ordinance is adopted creating such di&tricts, order an election to be held in each of such districts for School Commissioners thereof, on the second Saturday in June following ; and shall direct the City Clerk to give ten days' notice thereof in some daily newspaper of such city. (2) 4459. Organization— Term— Vacancies. On the first Monday in July following the first election of School Coiumissioners herein provided for, such School Commissioners shall assemble at the office of the Board of School Trustees of such city, and proceed to organize the Board of School Commissioners of such city, by electing 94 SCHOOL LAW Ol<' INDIANA. one of their number as a president, one of their numbel' as a treasurer, and one of their number as a secretary ; each of which officers shall serve for one year and until his successor is elected and qualified. The members of such Board of School Commissioners shall then determine, by lot, which three of their number shall hold office for three years, and which three shall hold office foi* two years ; and, after having so de- termined, the president of the Board shall issue to the persons so determined certificates entitling them to hold office for the terms respect- ively allotted ; and the remaining members shall receive, from the president of the Board, certificates showing that each is entitled to hold office for one year ; and all persons elected as School Commissioners at the annual elections thereafter shall be entitled to hold office for three years each. All vacancies occurring at any time prior to the annual election shall be filled by a ballot vote of a majority of the members of such Board ; and the persons so elected to fill such vacancies shall serve until the next annual election for School Commissioners. All persons elected at any regular annual election, or by the Board to fill any vacancy, shall serve until their successors are elected and qualified. It is hereby made the duty of the Board of School Taustees in office at the time of the organization of the Board of School Commissioners, to at once turn over to the Board of School Commissioners all books and papers pertaining to their trust, and to place in possession of the Board of School Commissioners all moneys, title papers, and property belong- ing to the School Trustees of Common Schools of such city ; awl such Board of School Trustees shall thereafter cease to perform any and all duties whatever connected with the schools of such city. (3) 4460. Duties and powers. Such Board of School Com- missioners is hereby authorized- First. To district the city for the purpose of electing School Com- missioners therein, and also to subdivide th^ city for general school purposes. Second. To levy all taxes for the support of the schools within such city, including such taxes as may be required for paying teachers, in addition to the taxes now authorized to be levied by the General As- sembly of this State by the general laws thereof: Provided, No such tax levy, in any one year, shall exceed the sum of twenty-five cents on each one hundred dollars of the taxable property, as assessed for city taxes by the City Assessor, for purchasing grounds, building school houses, and furnishing supplies for such buildings ; or twenty-five cents on each one hundred dollars of such taxable property, for the purpose of paying teachers. SCHOOL LAW OF INDIANA. 95 Third. To levy a tax, each year, of not exceeding one-lifth of one mill on each dollar of taxable property assessed for city taxes by the City Assessor, for the support of free libraries in connection with the common schools of such city ; and to disburse any and all revenue raised by such tax levy in the purchase of books, and in the fitting up of suit- able rooms for, such libraries, and for salaries to librarians ; also to make and enforce such regulations as they may deem necessary for the taking out from and returning to, and for the proper care of, all books belong- ing to such libraries, and to prescribe penalties for the violation of such regulations. Fourth. To examine, either by a committee of such Board of School Commissioners or by an officer of such Board, selected for that purpose, all teachers applying for positions in the schools of the city ; and to • license such as may be qualified — such license to be limited to the city in which the same is granted. Fifth. To purchase grounds, construct school buildings, purchase supplies, employ and pay teachers, appoint Superintendents, and dis- burse, through the treasurer of the Board of School Commissioners, moneys for all school and library expenses. Sixth. To require the treasurer of the Board of School Commission- ers to give bond in such sum, and with such surety, as the Board may determine, for the faithful discharge of his duties, and for the safe-keep- ing and faithful accounting for all moneys that may come into his hands as Euch treasurer. Seventh. To establish and enforce regulations for the grading of and course of instruction in the schools of the city, and for the government and discipline of such schools. Eighth. To prepare, issue and sell bonds to secure loans, not exceed- ing in the aggregate the sum of one hundred thousand dollars, in anticipation of the revenue, for building school houses, to bear such rate of interest, not exceeding ten per cent, per annum, and payable at such time, within five years from date, as the Board may determine ; and the money obtained as a loan on any such bonds shall be disbursed by order of such Board, in payment of expenses incurred in building school houses : Provided, That until all the bonds of any one issue shall have been redeemed, such Board shall not be authorized to make another issue ; nor shall any such bonds be sold at a less rate than ninety-five cents on the dollar. (4) 1. Can not levy poll tax. The Board of School Commissioners has no power to levy a poll tax for the support of the common schools of the city, or for a special fund for the support of such schools. — The Board v. Magner, 84 Ind. 67. 2. Fifth and eighth clauses. Under the fifth clause the School Com- missioners have power to contract for the erection and completion of school 96 SCHOOL LAAV OF INDIANA. houses, and to agree to pay therefor partly in cash and partly on time, and to make and deliver their notes for the deferred payments, which are valid obligations, binding upon their school cities, notwithstanding the fact that there may be at the time outstanding bonds to the amount of $100,000, issued and sold under the eighth clause, to secure loans in anticipation of the revenue, for building school houses, and that such money had been disbursed for that purpose. The powers conferred under the fifth clause are limited only by the educational wants of the school corporations under the Board's control, in the exercise of a sound and reason- able discretion. The eighth clause was not intended to be, and is not, a limitation upon the general powers conferred upon the Board by the fifth clause. It confers additional and extraordinary powers not conferred upon school corporations gen- erally, and the proviso therein contained is a limitation only on the Board's exercise of such additional and extraordinary powers. — Fatout v. Board, etc., 102 Ind. 223. 3. Notes. Notes executed by the Board in settlement of just debts fairly contracted for the legitimate purposes of the school corporation, do not come with- in the meaning of the eighth clause, or of the proviso, and are valid. — Fatout v^ Board, etc., 102 Ind. 223. 4. Tax Levy. See Acts 1885, p. 17, Sec. 9. 4461. Tax collection and payment. All levies of taxes made by order of the Board of School Commissioner shall be certified by its president and secretary to the City Clerk, who shall cause the same to be placed on the tax-duplicate against all property assessed for city taxes ; and the City Treasurer shall collect the same as city taxes are collected, and shall, once in each month, pay over all such taxes so collected to the treasurer of the Board of School Commission- ers of such city. All taxes hereafter collected by the County Treasurer for school purposes on levies hereafter made, and all moneys that may be hereafter distributed as part of the common school fund by county officers, to which the common schools of such city shall be entitled, shall be paid over by the County Treasurer to the treasurer of the Board of School Commissioners ; and all taxes hereafter collected by the City Treasurer on levies heretofore made for school purposes, shall be paid over by such Treasurer, once in each month, to the treasurer of the Board' of School Commissioners of such city. (5) 4462. Sessions — Record — No pay. The said Board of School Commissioners shall hold its sessions at such times as it may determine, and shall keep a record of all its proceedings. The members of such Board shall serve without any compensation whatever. (6) 4463. General school law in force. All parts of the general school laws of this State, not inconsistent herewith, and which may be applicable to the general system of common schools in such city, herein provided for, shall be in full force ^nd effect in such city. (8) SCHOOL LAU' OF INDIANA. . 97 [1877, p. 123. Approved and in force March 3, 1877.] 4464. Temporary loans. The Board of School ComuiiH- sioners of any city embraced within the provisions of sections 4457 to 4463, may, whenever the funds for the support of the common schools in such city throughout the regular school year shall be insufficient or exhausted, make temporary loans for the support of such schools during such time, and until the receipt of the school revenue of the current year ; but no more than is sufficient for such purpose, nor the amount of such revenue for the current year, shall be borrowed at any one time, and no further loan shall be made until such temporary loan shall be paid. (1) [1889, p. 101. Approved and in force March 5, 1889.] 4464 a. Bonds to pay debts. Boards of School Com- missioners in all cities of this State having thirty thousand or more in- habitants according to the United States census for the year eighteen hundred and seventy, are hereby authorized to prepare, issue and sell bonds to secure loans not exceeding in the aggregate, at any one time, the sum of two hundred and fifty thousand dollars, in anticipation of the revenue for purchasing grounds and building school houses, to bear such rate of interest, not exceeding six per cent, per annum, and pay- able at such time within ten years from date as the Board may deter- mine ; and the money obtained as a loan on any such bonds shall be dis- bursed by the order of said Board in payment of indebtedness incurred in the purchasing of grounds, or building of school houses, or in refund- ing any bonds or other evidence of indebtedness issued for such purpose. Such bonds may be issued in such denominations and in such sums as the Board of School Commissioners may deem to be expedient : Provided, That at no time shall the amount of such bonds so issued by any such Board of School Commissioners, then outstanding, exceed said sum of two hundred and fifty thousand dollars : And provided, further, That such bonds shall not be sold for less than their par value. (1) Note. For tax to build and support libraries in large cities. See § 4527 A. to 4527 E. ARTICLE III— TAXATION. [1865, p. 3. Approved and in force March 6, 1865.] 4465. State tax. There shall be annually assessed and col- lected, as State and county revenues are assessed and collected, sixteen 7 — ScH. Law, 98 SCHOOL LAW OF liSIDIANA. cents on each one hundred dollars of taxable property, real and per- sonal, in the State, and fifty cents on each taxable poll, for the purpose of supporting a general system of common schools. (1) 1. An act of 1873 (p. 216) legalized tax levies for tuition made by School Trustees of cities prior to January 21, 1875. [1869, S. p. 41. Approved and in force May 13, 1869.] 4466. Uniform tax. In assessing and collecting taxes for school purposes under existing laws, all property, real and personal, subject to taxation for State and county purposes, shall be taxed for the support of common schools, without regard to the race or color of the owner of the property. (1) [1873, p. 68. Approved and in force March 8, 1873.] 4467. Special tax. The Trustees of the several townships, towns, and cities shall have the power to levy a special tax, in their respective townships, towns, or cities, for the construction, renting, or repairing of school-houses, for providing furniture, school apparatus, and fuel therefor, and for the payment of other necessary expenses of the school, except tuition ; but no tax shall exceed the sum of fifty cents on each one hundred dollars' worth of taxable property and one dollar on each poll, in any one year, and the income from said tax shall be denominated the special school revenue. Any taxpayer who may choose to pay to the Treasurer of the township, town, or city wherein said tax- payer has property liable to taxation, any amount of money, or furnish building material for the construction of school-houses, or furniture or fuel therefor, shall be entitled to a receipt therefor from the Trustee of said township, town, or city, which shall exempt such taxpayer from any further taxes for said purposes, until the taxes of said taxpayer, levied for such purposes, would, if not thus paid, amount to the sum or value of the materials so furnished or amount so paid : Provided, That said building materials, or furniture and fuel, shall be received at the option of said Trustee. (12) 1. The section constitutional. This question is decided in Kose v. Bath Tp., 10 Ind. 18, and several other cases. The school corporations of the State can not be authorized by statute to estab- lish and maintain schools separate and apart from the common school system of the State. Such a statute is unconstitutional. But they are not prohibited from aiding those common schools established under the supervision of the State, by levying a special tax.— Lafayette v. Jenners, 10 Ind. 70 ; Greencastle Tp. r. Black, 5 Ind. 557. 2. Who levies. There can be no doubt but that the special tax authorized to be levied by section 12 of the school law is to be levied by the Trustee of the school township or by the Trustees for school purposes appointed by towns and cities, — Woollen, Atly-Gen, SCHOOL LAW OF INDIANA. 99 It seems to me that the ScJiool Trustees levy the taxes authorized by section 12 of the school law. — Baldwin, Atty-Gen. See note 6. This view is sustained by the doctrine of Carmichael v. Lawrence, 47 Ind. 554. 3. Commissioners have no control. By an act approved March 8, 1873, [§4467], the Legislature amended the act of 1865, giving Trustees the absolute right to levy a special tax by increasing the amount from twenty-five cents to fifty cents, and reaffirming the former law, otherwise in the very words of it. This clearly removes all authority of Commissioners over the Trustees in making their special school levies. — Hopkins, Supt. The Board of County Commissioners has no control over School Trustees in the levy of school taxes. — Smart, Supt. 4. Surplus. A surplus in the special school fund can not be transferred to the tuition fund and used for the payment of teachers. — Michener, Atty-Gen. 5. Bank stock. Shares of bank stock in a national bank are liable to the special tax authorized by this section. — Daniels v. Strader, 39 Ind. 63 ; Boot v. Er- delmeyer, 37 Ind. 225, affirming 1 Wilson, 99. 6. Who levies and collects. The School Trustees of a school township levies the special tax authorized by this section ; the County Auditor extends it on the tax duplicate, and the County Treasurer collects it. — LaFollette, Supt. See note 2. 7. Constitutional limit of debt. Where the indebtedness of a city or town has reached the constitutional limit of two per cent., it may contract for and erect school houses, the cost of which to be paid in such installments as will fall within the annual income from the special school tax levy. — A. G. Smith, Atty-Gen. [1865, p. 3. Approved and in force March 6, 1S65.] 4468. Assessment and collection. The County Au- ditor shall, upon the property and polls liable to taxation for State and county purposes, make the proper assessments of special school tax levied by the Trustee, in the same manner as for State and county rev- enue, and shall set down the amount of said tax on his tax-list and du- plicate thereof, as other taxes are set down, in appropriate columns ; and he shall extend said assessment to the taxable property of the person transferred, which is situate in the township, town or city to which the transfer is made, and- to the property and poll of the person transferred, situate in the township, town or city in which the person taxed resides, according to the rate and levy thereof in the township, town or city to which the transfer is made, and for its use ; and said tax shall be col- lected by the County Treasurer as other taxes are collected, and shall be paid, when collected, to the Treasurer for school purposes of the proper township, town or city, upon the warrant of the County Auditor. To enable County Auditors correctly to assess said tax, the County Super- intendents of the several counties shall, at tho time they make out and report to the Auditor the basis of the apportionment of school revenue for tuition, as is required by section 4432, make out and report to said Auditor a statement of transfers which have been made for school pur- poses according to sections 4472 and 4473. (13) 100 SCHOOL LAW OF INDIANA. [1867, p. 30. Approved March 9, 1867, and in force June 6, 1867.] 4469. L6cal tax for tuition. The Trustees of the civil townships, the Trustees of incorporated towns^ and the Common (Joun- cils of cities shall have pov/er to levy, annually, a tax not exceeding twenty-five cents on each one hundred dollars of taxable property and twenty-five cents on each taxable poll ; which tax shall be assessed and collected as the taxes for State and county revenue are assessed and collected. (1) 1. Who levies. It seems to me that the civil trustees of towns levy this tax. The act says, the Trustees of the civil townships. — Baldwin, Atty-Gen. 2. By whom assessed. The local tuition tax should be assessed and collected by the County Auditor and Treasurer, as in the case of the special school tax. Though not provided in so many words that it shall be extended to the property of a transferred person, yet, inasmuch as his property is subject to the tax in .some •place, it is justice and equity that the corporation to which he transfers should have the benefit of it. But the statute makes some general statements which were, no doubt, intended to cover just such cases as the one that has here arisen. It pro- vides that the funds arising from such tax 'shall be under the charge and control of the name officers, secured by the mme guaraniees, subject to the same rules and regula- tions, etc., as funds arising from taxation for common school purposes, by the laws of this State. The conclusion, therefore, is inevitable that the tuition tax should be extended to the property in the township of the transferred person, and that it should be controlled by the county ofiicers, and township and school Trustees. — Hopkins, Supt. 3. Fees. A County Treasurer is not entitled to retain fees from the local tax for tuition collected by him, and the Attorney-General is authorized to require counties to make up the account of fees deducted by officers from such tax. — ■ Michener, Atty-Gen. 4. Constitutional. The tax authorized by this section is valid, the section being constitutional. — Robinson v. Schenck, 102 Ind. 307. 4470. Local tax, how applied. The funds arising from such tax shall be under the charge and control of the same officers, secured by the same guarantees, subject to the same rules and regula- tions, and applied and expended in the same manner as funds arising from taxation for common school purposes by the laws of this State : Provided, That the funds assessed and collected in any civil township, incorporated town, or city shall be applied and expended in the same civil township, incorporated town or city in which such funds shall have been assessed and collected. (2) 1. Anticipating. This revenue is not forbidden to be anticipated, as is tlie State's tuition revenue.^ — Harney v. Wooden, 30 Ind. 178. 2. Tax on persons transferred — Eeport. Tax received by the Township Trustee from the County Treasurer which has been collected by him from persons transferred to such township must be applied to the tuition fund of such township under the head of "miscellaneous receipts." — LaFolletfe, Snpt. Pnh. SCHOOL LAW OP INDIANA. 101 [1871, p. 209. Approved and in force March 11, 1871.] 4471. Special tax to pay debts. In all cases where any Township Trustee may have heretofore made and contracted debts against any township in the construction, repairing, or completion of school houses, or in providing furniture or school apparatus therefor, and the special school revenue tax, as provided for in section 4467, shall be insufficient to satisfy, pay, and liquidate debts so made and contracted by such Trustee, then, and in that case, it shall be lawful and such Township Trustee is hereby authorized to levy an additional tax of not exceeding twenty-five cents on each one hundred dollars' worth of taxable groperty, in any one year, to the amount now authorized to be levied under said section, for the purpose of paying, satisfying, and liquidating the debts made and contracted by said Trustee, for the pur- poses aforesaid ; and it shall be lawful and said Trustee is hereby author- ized to make said levy for each and every year after the passage of this act, until said debts, made and contracted as aforesaid for the purposes aforesaid, shall be fully paid, satisfied and liquidated : Provided, That nothing in this act shall be construed to alter, change, modify, repeal, or in any way conflict with section 4467 ; Provided, further, That such additional levy shall only be made after the legal voters of the township to be affected thereby shall have declared in favor thereof, (1) 1. Time limited. This section applies to such debts only as were contracted previous to its taking effect, March 11, 1873, and does not authorize a levy to pay any indebtedness created since that date. — Hord, Atty-Gen. 2. Mandate. It is the duty of the Trustee of a township to apply the tuition funds of the township, when received, to the payment of its indebtedness for tuition and the performance of such duty may be enforced by mandate. — State v. Coop- rider, 96 Ind. 279. [1885, p. 171. Approved and in force April 10, 1885.1 4471 a. Tax to complete town school houses and to support town schools. Seventeenth. Such Board of Trustees shall have power to complete school houses now in progress of erection, and provide for the payment of the same ; to erect or pro- vide such school houses as may be necessary for the use of schools of the town, to keep them in repair, and to provide fuel and other necessaries therefor. Nineteenth. The said Board of Trustees shall have power to levy and collect annual taxes not exceeding thirty cents on the one hundred dol- lars valuation on all property subject by law to taxation, for the support of town schools within their said corporation. 1. Constitutionality doubtful. The provisions are of very uncertain validity. They confer certain powers upon towns without, at the same time, con- ferring them upon cities and townships, which are likewise school corporations. 102 SCHOOL LAAV OF INDIANA. A provision in tlie school law of ISoo, conferring similar powers upon towns and cities, but not upon townships, was -declared constitutional in the case of City of Lafayette v. Jenners, 10 Ind. 70, in which it was said ( p. 77 ) : " The State is divided into districts for common school purposes. The cities and towns form a part of the districts, and must do so to render the school system general and uniform. Now suppose the school law, in terms, provided that taxation for common schools and the management of the system should be uniform except in that portion of the school districts situated in towns and cities; but that in such district a tax addi- tional to that levied in the rural districts might be imposed, and a different organ- ization and management of the schools adopted, would any one pretend that the law thus framed was uniform in its operation as required by the constitution, and not local? Yet such is the school law of the State, if the act of 1855 is a part of it." This doctrine is reaffirmed by the following language in the recent case of Eobinson v. Schenk, 102 Ind. — : "The duty rests on the Legislature to adopt the best system that can be framed, but it, and not the courts, is to judge what is the best. There is this limitation on the legislative power, the system must be a 'gen- eral and uniform' one, and tuition must be open and free to all; but the extent of this limitation is this, and nothing more, the Legislature shall not make an unequal distribution of money derived from a general levy, or make an unequal levy, or grant to some school corporations benefits or rights withheld from others. This is the general and uniform system contemplated by the constitution." At all events, the provisions in question are superfluous, as the subject matter is sufficiently pro- vided for by other statutes relating equally to cities, towns and townships. — Hol- combe, Supt. ARTICLE IV— ENUMERATION. [1873, p. 68. Approved and in force March 8, 1873.] 4472. Trustee to take— His duties. The Trustees of the several townships, towns and cities shall, hetween the first of March and the first of May in each year, make an, enumeration of the children, white and colored, within their respective townships, towns and cities, between the ages of six and twenty-one years, exclusive of married per- sons ; and in making said enumeration, the Trustee shall distinguish between the white and colored children, enumerating them in separate lists, and shall list the names of parents, guardians, or heads of fami- lies, male and female, having charge of such children ; and opposite each name, in appropriate columns, shall be entered the whole number of children in charge of the person so named, specifying, particularly, the number of males, the number of females, the number of the school to which such person is attached for school purposes, and the number and initials which designate the congressional township in which such person resides ; including in said list and enumeration the names of such persons as have been transferred to this township, town or city, from fc:j. Where a person is transferred for school purposes to any township in his own county, lie must pay to the Countj^ Treasurer, on all his property situated in the township in which he resides, the same rate of school and poll taxes as is paid by the people of the town- ship to which he is transferred, and for the use of that township. If he ov/ns prop- erty in another township, it must be taxed at the rate of other property in that township, and for the use of schools therein. — Larrabee, Supf. Method suc/geded. The simplest method of securing ^the purpose of these pro- visions, will be for the Trustees of the townships to which any persons have been thus transferred, to enroll them as members of their respective districts, and ev^er after take the enumeration of their children, and assess the township tax on their property. — 3IiUs, Supt. To ivliat taxes liable. A transferred person is liable to all taxes levied for school purposes in the corporation to which he is transferred, under sections 4467 ,4469, 4471 and 4490, and at the same rate as resident school patrons. — LaFollette, Supf. Property of ivife or tenant. The father is the head of the family, and as such has charge of the children, and has power to have his children transferred for school purposes, even against the* will or wish of the wife, but he has no control over her property. He could not, by transferring his children to another township, etc., transfer his wife's property for school taxation, and thus submit it to a greater or different tax without her consent. In all similar cases the wife should join in the application for the transfer, and the Trustee take her written consent for the taxation of her property if the application is granted. If a taxpayer has a tenant on his farm who has charge of children entitled to the privileges of school, such tenant can be transferred, although, of course, the landlord's property could not be taxed in the corporation to which his tenant was transferred. — Baldivin, Atty-Gen. Removah. If a transferred person moves into the corporation to which he has been transferred, that corporation thereby loses the right to tax his property situ- ated in the corporation from which he has removed. If he moves into a different corporation he can not be taxed therein till after the next enumeration, when he may be transferred thereto by the Trustee of the corporation in whicH he had last been taxed, — Bloss, Supt. 108 SCHOOL LAW OF INDIANA. 8. What amounts to a transfee. The act of a Trustee in listing in his ischool enumeration a person living in an adjoining township, town or city, desiring to be transferred for school purposes, accomplishes the transfer of such person. — Michener, Atty- Gen. 9. Wrong corporation receiving tax. If the County Auditor omits to record the transfer on his duplicate, whereby the school corporation, from which ? person has been transferred, receives the school taxes paid by such person, such corpo- ration is liable for the amount thereof at the suit of* the school corporation entitled thereto. The County Auditor in such a case, if the school corporation receiving the money is solvent, is only liable for such expenses as are necessarily incurred, aside from taxable costs, in carrying on the suit for the recovery of the taxes paid. — Michener, Atty-Gen. 10. Constitutional. The provisions of this section authorizing the taxation of the person transferred is constitutional. — Kent v. Town of Kentland, 62 Ind. 291 ; Eobinson v. Schenck, 102 Ind. 307, 315. 11. Ee-transfer. If a patron of the schools can not show that he will be better accommodated if re-transferred he is not entitled to such re-transfer. — La FoUette, Supt. 12. Eefusal to receive person transferred. The Trustee to whose town- ship a person is transferred can not refuse to receive him. — LaFollette, Supt. 13. Become members of school corporation. A person transferred becomes a member of the township to which he is transferred, and is entitled to the same privileges as resident raeii;bers. — LaFollette, Supt. 4474. Transfer to an adjoining county. Each per- son so transferred, for educational purposes, to a township, town or city in an adjoining county, shall, annually, pay to the Treasurer of such township, town, or city (when a tax is levied therein for the purposes aforesaid) a sum equal to the tax levied, computing the same upon the property and poll, liable to tax, of such persons in the township, town, or city where he resides, according to the valuation thereof by the proper Assessor ; which payment shall release his property from special school tax in the township in which he resides. In default of such pay- ment, he shall be debarred from educational privileges in the township, town, or city to which he may have been transferred ; and the Trustee thereof shall notify the Trustee of the township, town, or city in which he (the person transferred) resides, of such exclusion. (17) 1. See section 4468. 2. To what corporations. The township to which a transfer is made though in a different county, must be adjoining to the one in which the person resides, but it seems that he may be transferred to any town or city in a county upon which his own township borders. — Bloss, Supt. 3. Taxes — To whom paid. A person transferred to a township in another county must pay directly, of his own accord, to the Treasurer [now Trustee] of the township to which he is transferred, a sura equal to the tax in such township, com- puting the same upon all his property in the township where he resides. When- ever a person, transferred to another county, in compliance with the provisions of SCHOOL LAW OF INDIANA. 109 this section, pays personally to the Treasurer of any township the required amount on his property in the township in which he resides, that property should of course not be held liable to any tax assessed for school purposes in the township from which he has been transferred. The same property ought not to be taxed, directly or indirectly, for the use of schools in more than one townsliip. — Larrabi^e, Supt. 4. Taxes. A person transferred from one county to another for school pur- poses is subject to taxation in the township to which he is transferred for all taxes provided for in sections 4467, 4469, 4471 and 4490. — LaFollette, Supt. [1873, p. 68. Approved and in force March 8, 1873.] 4475. Enumeration, where filed. Each Trustee shall, on or before the first day of May, annually, report to and file with the County Superintendent of the proper county a copy of his said list and enumeration, with his affidavit endorsed thereon, to the effect that the same is, to the best of his knowledge and belief, full and accurate, and that the enumeration does not include persons who are less than six nor more than twenty-one yeai's of age. (18) [1865, p 3. Approved and in force March 6, 1865.] 4476. Township in two or more counties— Re- port. When a congressional township is located in two or more counties, the proper Trustee for each portion thereof in the several counties shall report, at the same time and in lik& manner as provided in the last preceding section, to the County Superintendent of the county in which the congressional township fund of such township is held in trust and managed. (19) 1. Explanation. This section requires that when a congressional township is located in two or more counties, the proper Trustee for each portion thereof shall make two separate and distinct reports of enumeration : 1st. The ordinary report of enumeration prescribed by ? 4472 and 4475. 2d. A special report of enumeration, consisting of an enumeration of the school children living within such part of the divided congressional township as is within the limits of his own civil township. This special report should be made to the Superintendent of the county in which the fund belonging to such divided con- gressional township is managed. In case parts of several congressional townships lie in a civil township the Trustee must evidently make as many separate special reports to the Superintendent of the county which manages the funds or the several congressional townships. — Smart, Supt. 110 SCHOOL LAW OF INDIANA. ARTICLE V— APPORTIONMENT OF REVENUE. 11873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 4477. To be made semi-annually. There shall be two apportionments of the school revenue for tuition made in each year by the State Superintendent of Public Instruction — one on the fourth Monday in May, and the other on the first day of January, unless the said day of the month should be Sunday, and, if so, on the day follow- ing. (109) 4478. Reports of County Auditors. To enable the Superintendent to make said apportionments, and to ascertain the amount of said revenue collected and ready for that purpose, the Auditors of the several counties of the State shall, promptly, after making the set- tlements with the County Treasurers of the respective counties in April for the amount collected on tax-list, and in December for the amount of delinquent tax collected, make report to said Superintendent of the precise amount of school revenue for tuition collected in their respect- ive counties and ready for apportionment and distribution ; which report shall be verified by the oath or aftirraation of the Auditor indorsed thereon. (110) 4479. When and what County Auditor reports. The first of said reports in each year shall not be delayed later than the third Monday in May, and the second not later than the twenty-fifth day of December. Said report shall show — First. The amount of school tax collected since the last report, whether upon the current year's tax-list or delinquent tax. Second. The amount of interest collected since the last semi-annual report, and the amount, if any, not previously reported, upon loans of common school funds, and on any indebtedness which is due or payable to said funds, arising from the sale of seminary property or otherwise. Third. The amount derived from liquor licenses and unclaimed fees not previously reported. Fourth. The total amount of school revenue thus collected and ready for apportionment. Fifth. The income derived from the congressional township school fund, including the interest on loans of said fund, and on deferred pay- ments for school lands which have been sold, and the rents and profits derived from the leasing or renting of any such lands, or otherwise. Sixth. The amount of said income from the congressional township fund on hand for distribution in parts of the townships in the adjacent counties, specifying the amount on hand for each of the several counties. (Ill) SCHOOL LAW OF INDIANA. Ill 1. Instructions to Auditors. 1st, When you make your report to the State Superintendent you give the amounts (if any) due to adjacent counties. At the same time you notify the auditors of these counties, specifying the amounts due to the several townships. (§ 4480.) Mail all such notices and the report on the same day. 2d, Then immediately draw warrants upon your own Treasurer in favor of the treasurers of the several adjacent counties for the amounts respectively due them, and cause your Treasurer to remit said amounts to said counties at the same time that- he makes his remittance to the Treasurer of State. The expense of said remittances must not be paid out of any school revenues. 3d, The Auditor of each county to which such revenue is paid will include it in his next distribution {'^ 4486), and will notify Trustees that it is no longer necessary for them to go or send for their money to other counties, but that they will hereafter draw the whole of their revenues from the treasury of their own county. — Bloss, Supt. [1865, p. 3. Approved and in force March 6, 1865.] 4480. When congressional township divided. When the congressional township lies partly in one county and partly in another, the Auditor of the county in which the fund of such township is managed shall notify the Auditor of the county in which any portion is situated of the amount due to such portion. (112) 4481. Auditor failing- to report — Penalty. On the failure of any County Auditor to make his said semi-annual report in time for said apportionments, his county shall be subject to a diminution of one hundred dollars in the next apportionment of said revenue by the Superintendent. The sum thus withheld may be collected from said Auditor, in a suit before a Justice of the Peace, prosecuted in the name of the State, by any person living in said county who has children enu- merated for school pui'poses for the current year, who is aggrieved by said diminution. Said suit shall be commenced within two years from the time when said report was due, and not afterward : Provided, That said Auditor may discharge himself from liability to such suit by a certi- ficate of the postmaster that said report was mailed in due time, together with his own affidavit of that fact. (113) 4482. Apportionment, how made to counties. The State Superintendent of Public Instruction shall, on the days fixed by section one hundred and nine of this act [§ 4477] for his apportion- ment of said revenue in each year, add to the sum total of said revenue in readiness in each county for apportionment the sum of twenty-five thousand dollars of the State's indebtedness to the schools; which addi- tion shall continue to be made at each apportionment, until the whole of said indebtedness, together ovith six per cent, interest thereon from the time said indebtedness accrued, is paid ; the amount of which debt 11:2 SCHOOL LAW OF INDIANA. ;ui(l interest shall be settled and adjusted by and between the Superin- tendent of Public Instruction and the Auditor of State. And after said addition, the Superintendent shall apportion the whole of said sum to the several counties of the State, according to the last enumeration of children therein, with due reference to the diminutions provided for by sections forty-one and one hundred and thirteen of this act [§ 4431 and 4481], and without taking into consideration the revenue derived from the congressional township school fund in such apportionment. (114) 1. State Normal School. Ten tliousand dollars must also be apportioned semi-annually to the State Normal School. — ^ 4556. 4483. Printed statement. Said Superintendent shall make out and have printed a statement showing — First. The enumeration of children in each -county. Second. The' amount of school revenue ready for apportionment in each county, and the source from which the same is derived, including said addition from the State indebtedness. Third. The distributive share thereof apportioned to each county. He shall file a copy of said statement with the Auditor of State and Treasurer of State, and he shall forward a copy thereof, by mail, to each of the County Auditors, County Superintendents, and County Treasurers of the State. (115) [1885, S. p. 208. Approved and in force April 13, 188i.] 4484. Payment to counties. The Auditor of State shall, at the time of making the semi-annual settlements with the several County Treasurers, give them each a warrant on the State Treasury for the State school revenues collected in their respective counties, the amount of which shall be retained by said Treasurers, and when the Superintendent of Public Instruction shall have made his serai-annual apportionments of school revenue for tuition to the several counties of the State, the Auditor of State shall draw his warrant upon the State Treasury to the respective County Treasurers to which there may be due a greater amount than the State school revenue which has been collected in said counties, and for which a warrant as hereinbefore provided has been issued to them, and said County Treasurers to whom warrants have been issued at the semi-annual settlements for more than their distribu- tive share of said school revenue shall, upon notice being given them thereof by the Auditor of State, forthwith pay such excess into the State Treasury. (1) SCHOOL LAW OF INDIANA. 118 » [1865, p. 3. Approved and ii) force March 6, ISfio.) 4485. Unapportioned balances. If at any time, from any cause whatever, an unapportioned balance of school revenue shall appear in the State Treasury, other than that which is nominally therein at the passage of this act, the Superintendent of Public Instruction shall add said balance to the sum to be apportioned, and apportion it at the next succeeding- apportionment after such balance so appears. (117) 1. Explanation. The unapportioned balance in the treasury consists chiefly of moneys paid in by the Attorney-General. But at each apportionment the State Superintendent leaves a small balance, always less than one cent for each child enumerated. [1873, p. 80. Approved March 11 , 1873, and in force .Inly 7. 1873.] 4486. County Auditor's apportionment. The Auditor of each county shall, semi-annually, on the second Monday of June and on the last Monday in January, make apportionment of the school revenue, to which his county is entitled, to the several townships and incorporated towns and cities of the county ; which apportionment shall be paid to the School Treasurer of each township and incorporated town and city by the County Treasurer. In making the said apportion- ment and distribution thereof, the Auditor shall ascertain the amount of the congressional township school revenue belonging to each city, town and township, and shall so apportion the other school revenue as to equalize the amount of available school revenue for tuition to each city, town and township, as near as may be, according to the enumeration of chil- dren therein, and report the amount apportioned to the Superintendent of Public Instruction, verified by affidavit : Provided, hoivever, That in no case shall the income of the congressional township school fund be- longing to any congressional township, or part of such township, be di- minished by such apportionment, or diverted or distributed to any other township. (118) 1. Method constitutional. This method of apportionment is according to the command of the constitution, and, perhaps, it requires the same principle to be applied to the distribution among the counties. — Quick v. Whitewater, 7 Ind. 570 ; Quick V. Springfield, id. 636. 2. Teacher's remedy. When a teacher obtains judgment against a school corporation, for services as such, and a return of execution thereon nulla bona, he may, by proper suit, obtain application of any school revenue in the county treasury, belonging to such corporation, to the payment of the judgment. — Trustees «. Simp- son, 11 Ind. 520. 3. Trustee's liability. If the Township Trustee receives funds, under this section, which belong to a school town within the township, he may after demand, be compelled, by mandate, to pay the amount to the town. — .Johnson v. Smith, 64 Ind. 275. Trustees do not apportion revenue among districts. — § 4494, note 2. 8— ScH. Law. 114 SCHOOL LAW OF INDIANA. 4. KuLE FOR MAKING APPORTIONMENT. Auditors will find no trouble in ad- justing the apportionment without the labor of giving in detail the specific amount of each township's share of the two funds, if they will ascertain what the whole amount of the school revenues for the county, both common and congressional, will give each scholar on a per capita division, and then ascertain whether any town- ship's congressional revenue will yield a larger dividend to its children. If any township thus has a larger per capita than that of the whole county from the com- bined revenues, exclude the children and congressional revenue of that township from the calculation, and distribute to the other corporations on the consolidation basis. An example may be presented as follows : Congressional Tp. A — 300 Children, $375 Congressional Kevenue, $1.25 Per Capita. " B— 200 " 150 " " 75 " " " c— 84 " 42 " " 50 " " " D-400 " 100 " " 25 " " " " E 250 " " " " " The last four townships have 934 children, and $292 congressional revenue. The common school revenue of the county amounts to $875.50, which, added to the $292, will make $1,167.50. This will give the last four townships $1.25 per scholar, the same that A receives from her congressional revenue alone, in which case the same result is obtained with or without including A's children and revenue. But if the common school revenue were only $828.80, the last four townships would get only $1,120.80, or $1.20 per scholar. In this case A must receive the whole of her own revenue, which must not be diminished by any process of distribution ; and the remaining revenues must be distributed among the other corporations. — Mills, Supt. [1865, S. p. 139. Approved and in force March 21, 1865.] 4487. Interest on sinking-fund. Allinterest accrued or accruing on the sinking fund or any other fund held by this State for the benefit of the common schools of this State, on and after the first day of January, one thousand eight hundred and sixty-five, is hereby set apart for distribution as other revenues are distributed, for the sup- port of the common schools of this State. (1) [1891, p. 199. Approved and in force March 6, 1891.] 4487 a. Surplus dog-tax fund. The revenue received from the tax on dogs in each township, shall be set apart by the County Auditor at such annual settlement, and the same shall be paid over by the County Treasurer to the proper Township Trustee. The sums so collected and received in each township, are hereby declared to be a fund for the payment of damages sustained by the owners of sheep maimed or killed by dogs within such township ; and each Township Trustee is directed and required to hold the same for such purpose : Provided, however, That when it shall so happen on the first Monday of March in each year, in any township, that the said fund shall accumulate to an amount exceeding fifty dollars over and above orders drawn against the same, then the surplus over said sum of fifty dollars shall be expended by such Trustee for the use of the school revenue of the township. (236) SCHOOL LAW OF INDIANA. 115 1. Explanation. The above section is one of the sections of the general tax law of the State, and refers to the revenue collected by the County Treasurer upon the dogs which are listed and returned by the Assessors of the township for taxation. By an act of March 5, 1891 (acts 1889, p- 453) a dog is required to be registered by the Township Trustee, who issues to the owner, upon the payment of one dollar, a receipt. The fund thus created is used for the payment of any damages inflicted upon swine, cattle, horses or sheep by dogs ; but no provision is made for the pay- ment of the surplus over to the schools of the township. The Attorney-General ( A. G. Smith) of the State has decided that both the act for listing and taxing dogs and the one for the registration of them are in force, and the owner of a dog may either list it for taxation, or he may register it with the Township Trustee if he does so before he is assessed, but he is not compelled to do both. It, therefore, follows that the surplus money derived from the registration of dogs can not be used for the pub- lic schools ; and only the surplus derived from the listing and taxation of dogs is available for that purpose. 2. Distribution — Anticipation. The fund arising from the dog tax should not be used exclusively for the support of one school in a township to the neglect of all others. It is a fund to which all the schools in the township have an equal claim, and it should be apportioned by the Trustee among the schools, with the other tuition funds. We think it must follow, also, that it should await the ap- portionment of other funds apportioned for tuition, before it is expended. — Maloy V. Madget, 47 Ind. 241. [1877 S., p. 74. Approved and in force March 14, 1877.] 4487 b. Distribution of dog tax fund. All sums of money now remaining in the hands of the Township Trustees, arising from surplus dog tax fund, shall be, upon the taking effect of this act, placed to the credit of the tuition fund of such township, and shall be expended as other tuition funds of the township are expended. The Township Trustees of the several townships in the State are hereby au- thorized to pay to School Trustees of incorporated towns or cities their proportion pro rata according to the enumeration for school purposes within such township. (1) 1. Not repealed. The act of 1881 [and hence the act of 1885, § 4487 A,] does not repeal the act of March 14, 1877, and surplus dog tax must be distributed according to its provisions. — Baldwin. Atty-Gen. 2. Mode of distribution. The first sentence of this section is superseded by ? 4487 A, but the latter part is in force, and must govern the distribution of this revenue. — Holcombe, Supt. 3. In case a township has within its borders an incorporated town or city, the Trustees of the township must apportion a share of the surplus dog tax to each child enumerated therein, and to each child enumerated in the township outside the town or city, pro rata. When the town or city is composed of parts of several ditferent townships, each of the Trustees of such townships should pay over to the town or city such proportion of the surplus dog tax as the nuinber of children in the part of the town or cit}^ which lies in his township bears to the whole number in the township. The Township Trustee, iu connection with the town or city no SCHOOL LAW OF INDIANA. Trustees, should estimate the number of children in that part of the town or city, unless the enumeration has been taken in such a way that accurate information can be given. — Smart, Svjpt. ARTICLE VI— SCHOOLS IN CITIES AND TOWNS. [187:'>, i>. 80. Approved March 11, 1873, and in force .Tuly 7, 1873.] 4488. Bonds for school buildings. Any city or in- corporated tow u iu this State which .shall, by the action of its School Trustees have purchased any ground and building or buildings ; or may hereafter purchase any ground and building or buildings ; or lias com- menced, or may hereafter commence, the erection of any building or buildings for school purposes ; or which shall have, by its School Trust- ees, contracted any debts for the erection of such building or buildings, or the purchase of such ground and building or buildings ; or such Trustee shall not have the necessary means with which to complete such building or buildings, or to pay for the purchase of such ground and building or buildings, or pay such debt, may, on the filing by the School Trustees of said city or town of a report, under oath, with the Common Council of such city, or the Board of Trustees of such town, showing the estimated or actual cost of any such ground and building or buildings, or the amount required to complete such building or buildings, or j^urchase such ground and building or buildings, or the amount of such debt, on the passage of an ordinance authorizing the same by the Common Coun- cil of said city or the Board of Trustees of such town, issue the bonds of such city or town to an amount not exceeding in the aggregate fifty thousand dollars, in denominations not less than one hundred nor more than one tliousand dollars and payable at any place that may be desig- nated in the bonds (the principal in not less than one year nor more than twenty years after the date of such bonds, and the interest annually or semi-annually, as may be therein provided) to provide the means with which to complete such building or buildings, and to pay for the purchase of such ground and building or buildings, and to pay such debt. Such Common Council or Board of Trustees may from time to time, negotiate and sell as many of such bonds as may be necessary for such purpose, in any place and for the best price that can be obtained therefor in cash : Provided, That such bonds shall not be sold at a price less than ninety- four cents on the dollar. (1) 1. Note. It is sufficient that the ground or building shall have been con- tracted for by the School Trustees. — Williams i. Albion, 58 Ind. 329. 2. By whom issued — Constitutional limit. School Trustees have no power to issue bonds to raise money to build school houses, except by authority of am SCHOOL LAW OF INDIANA. _ 117 ordinance of the Common Council or Board of Civil Town Trustees. I think the constitutional amendment of 1881 (R. S. 1881, ? 220), limiting the power of municipal corporations to contract debts over and above two per cent, of their taxables, ap- plies to past as well as future debts — that is to say, if a town is indebted two j^er cent, on its taxables, it can incur no farther debt; if indebted one and three-fourths per cent., it can incur a farther debt of one-fourth per cent. — Baldwin, Atty-Gen. 3. Basis of valuation. It has been asked whether the Town Trustees of an incorporated town in issuing bonds for a school building in accordance with 'i 4488 base the issue, as to amount on the value of property in the town increased by the value of the property of persons transferred to the town for school purposes. The corporation can not become indebted for any purpose to an amount in the aggregate exceeding two per centum in the value of tlie taxable property within such corporation, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. — E. S. 1881, 'i 220. Where persons can be better accommodated at the school of an adjoining town- ship, or of any incorporated town or citv, the Trustee of the town or city in which such person resides, shall, if such person so request, at the time of making the enumeration, transfer them for educational purposes to such township, town or city, and notify the Trustee of such transfer. Such persdn so transferred shall annually pay to the Treasurer of such township, town or city (when a tax is levied therein for the purpose aforesaid) a sum equal to the tax levied, computing the same upon the property and poll liable to tax of such persons in the township, town or city where he resides, according to the valuation thereof by the proper Assessor (g 4473, 4474). The property of the person transferred to an adjacent township, town or city, for educational purposes is not assessed by the Assessor of the township, town or city, to which he is transferred, for State and county taxes, but he is assessed in the township in which he resides. The Constitution provides that the value of the taxable property within such corporation is to be ascertained by the last assessment for State and county taxes. The property of such transferred person does not appear in the last assessment of the corporation for State and county purposes to which he is transferred, but in the township in which he resides, and consequently the property of such trans- ferred person, residing in another township, can not be taken into consideration in determining the amount of property within such corporation to which he is trans- ferred, as the basis for issuing said bonds. — Hard, Atty-Gen. 4. Liability of Trustees. It is asked whether the members of a town board or the members of a school board, incur personal liability by issuing and negotiating school bonds in excess of the constitutional limit. Public officers are not personally liable on contracts within the scope of their authority and line of duty unless it is apparent that they intended to bind them- selves personally. If a public agent transcends his authority, he may in some cases be rendered personally responsible for the consequence of his act. If the officers acting officially exceed their authority innocently, under a mis- take of law in which the other contracting party equally participates with equal opportunities of knowledge, and the officers contract with him, and he witli them, in their official capacity, neither looking to personal liability, the officers are not personally liable. — ITord, Atty-Gen. 5. Issuing bonds. The Board of School Trustees of a city school corporation 118 SCHOOL LAW OF INDIANA. is not authorized by this statute to issue bonds to purchase grounds, but the city issues the necessary bonds when authorized by the action of the Common Council. — Hovel, Atty-Gen. 6. Excessive indebtedness. If the city is indebted in excess of the pre- scribed constitutional limit, it can not lawfully make and issue bonds under this section, increasing its indebtednes beyond the prescribed limit. — Ilord, Atty-Gen. 7. Constitutional. This section is constitutional. — Clark v. Town of Nobles- ville, 44 Ind. 83. 8. Location of school property. As a rule the school grounds and houses should be located within the school corporation that owns them; but the bonds of such corporation, negotiated and sold to procure means for the erection and com- pletion of such school houses, are not void merely because they are located with- out the limits of the corporation. — Gardner r. Haney, 86 Ind. 17. 4489. Use of proceeds. The proceeds of the sales of such bonds shall be paid to the said School Trustees, to enable them to erect or complete such building or buildings and pay such debt. But before payment to them, such School Trustees shall file with the County Audi- tor a bond, payable to the State- of Indiana, in a sum not less than the full amount of the said money so to be paid to them, and with security to be approved by said Auditor, conditioned for the faithful and honest application of such money to the purpose for which the same was pro- vided ; and such Trustees, and their surety or sureties, shall be liable to suit on such bond for any waste, misapplication, or loss of such money, in the same manner as now provided for waste or loss of school revenue. (2) Bond of .school board. The bond required to be given by the School Trustees is additional to those already given by them (? 4440), and may be a joint bond of the tliree members of the Board, equal in amount to the proceeds turned over to them, but they must be severally bound for the whole amount. — Smart, Supt. [1875, p. 29. Approved and in force March 11, 1875.] 4490. Special tax. In addition to levying the tax by cities or incorporated towns for general purposes, now authorized by law, the Common Council of any such cities, and Boards of Trustees of any such incorporated towns as shall avail themselves of the provisions of this act, are hereby authorized and required to levy, annually, a special additional tax, at the same time and in the same manner as other taxes of such city or town are levied, sufficient to pay the interest and principal of said bonds falling due ; which additional special tax shall be assessed and collected as the taxes for State and county revenue are assessed and col- lected. The Treasurer of said city or town shall keep accurate account of the revenue arising from said special tax, and shall in his reports, when required by the city or town authorities, show the amount thereof received, the amount disbursed, and the amount thereof, if any, re- maining delinquent. He shall pay out the same only by the authority SCHOOL LAW OF INDIANA. 119 of the Common Council of said city or Board of Trustees of such town ; and shall permit the same to be applied to no other purpose than the payment of the principal and interest of such bonds ; and official bonds of C!ity and Town Treasurers shall be construed to cover and include revenue arising from this source. Persons residing outside of any such city or town, and electing to be transferred to such town or city for edu- cational purposes, or who shall send their children to the school taught in any such building, shall, with their property, be liable to such tax, as if they resided in such city or town, on all proj^erty owned by said person in the township where such city or town is located : Provided, always, That nothing in this act shall be construed to prevent the School Trustees of such town or city from admitting pupils into such schools from outside such city or town, in their discretion, upon the pay- ment of tuition therefor, and without subjecting the property of their parents to such taxation, when such schools are not crowded and their admission shall, in no way, interfere with the progress of the children within such city or town : Provided, further, That the additional special tax, hereby authorized, shall not, in any one year, exceed fifty cents on any one hundred dollars of taxable property and one dollar on each poll. 1. Section cONSTiTUTioi^AL. The provision subjecting to this tax persons re- siding outside the town or city, who, though not transferred, send to the school in the building for which the bonds were issued, is not unconstitutional, — Kent v Kentland, 62 Ind. 291. 2. Levy and collection. The tax is to be " levied " as other taxes of such city or town are levied, and " assessed and collected" as State and county revenue are assessed and collected. I think, under this law, the levy should be made and certified by the municipal authorities, and placed upon the county duplicate for collection. I come to this conclusion because, by the act of 1867, Trustees of civil townships, Trustees of towns, and the Common Councils of cities, are authorized to levy a special tuition tax, " which tax shall be assessed and collected as the taxes for State and county revenue are assessed and collected." (§4469.) This tax must be collected, it would seem, by the County Treasurer, as Trustees of civil townships do not collect revenue, and such has been the uniform practice. The act under con- sideration, using the same language, and having been passed after the construction mentioned had been placed on the act of 1867, I think it should be held that the act of 1873 required the tax to be collected by the County Treasurer. — Woollen, Atty-Gen. 3. Levy obligatory. It is the duty of Trustees to levy annually a special additional tax sufficient to pay the interest and principal of bonds issued for school buildings and falling due, and where it appears that they have failed, neg- lected and refused to discharge their statutory duty, a writ of mandate is the proper legal remedy. — Gardner v. Haney, 86 Ind. 17. 4. Admitting non-residents to schools. The proviso that this statute shall not prevent the admission to the particular school^ in question of children residing outside the corporation, on payment of tuition, recognizes and by implication 120 SCHOOL LAAV OF INDIANA. authorizes the custom of admitting such pupils to all the schools. The rights of the children of the corporation must always be considered first, and must never be sacrificed for the sake of the tuition money of non-residents. — Holcombe, Supt. 5. TAXiNCi PERSONS TRANSFERRED. If a person is transferred to a school cor- poration for school purposes after such corporation has issued bonds to build school houses, such person and his property situated outside such corporation may be taxed to pay off such bonds. — LaFoUette, iSujJt. [1879, S. 76. Approved and in force March 20, 1879.] 4491. Condition before building. Before the School Trustees of any incorporated town or city in this State shall purchase any ground for school purposes, or enter into any contract for the building of any school building or buildings, they shall file a statement with the Trust- ees of such incorporated town, or Common Council of such city, showing the necessity for such purchase of ground, or the erection of such build- ing or buildings, together with an estimate of the cost of such ground or building or buildings, and the amount of means necessary to be provided to pay for such ground or building or buildings. And they shall not purchase any ground, or enter into any contract for the building of any school building or buildings, until such action be approved by the Trustees of such incorporated town, or by the Common Council of such city : Provided, however, That there shall be nothing in this act so con- strued as to affect any purchase of grounds, or contract made for the erection of any building or buildings, for school purposes, prior to the taking effect of this act. (1) ARTICLE VII— SCHOOLS AND SCHOOL-HOUSES. [1865, p. 3. Approved and in force March 6, 1865.1 4493. Bible. The Bible shall not be excluded from the public schools of the State. (167) 1. Note. The Bible, without note or comment, is installed in the common schools of Indiana. Its continuance as the moral class book in these nurseries of her future citizens will as surely mark the period of her prosperity and grace the zenith of her glory, as its exclusion would prove the precursor of her decline, the herald of her shame. — Mills, Supt. 2. Teacher independent. Neither the Examiner nor the Trustee should ever inquire into the peculiar religious belief of a teacher, yet an Examiner should not license an immoral person, nor one who is a scofTer at the teachings of the Bible and things sacred. — Fletcher, Supt. Our law, therefore, wisely leaves the whole matter of Bible reading and prayers with the f the school had demanded, entered the school house, of which the teacher was in rightful, peaceable possession, seized him and pulled, dragged and threw him out of the building, and inflicting serious injuries upon him ; they were held guilty of a wrongful assault and battery, and liable for the damages he sustained. — White t. Kellogg, 119 Ind. 320. 136 SCHOOL LAW OF INDIANA. 4508. Title of school property. The title to all lands acquired for school purposes shall be conveyed to the township, incorpo- rated town, or city for which it is acquired, in the corporate name of such township, town, or city, which is used for school purposes, for the use of common schools therein. In all cases in which the title to any such land is vested in any other person or corporation than as above pro- vided, it shall be the duty of the Trustee for school purposes of the township, town, or city to procure the title to be vested as in this section provided. (157j 1. Trust title— Change of tkustee. The corporation (township, town, or cityj holds the title in trust for school purposes, and upon the incorporation of a town, it becomes the Trustee, and entitled to such real estate as lies within its boundaries.— Carson v. State, 27 Ind. 465 ; Leesburg v. Plain Township, 86 id. 582 ; and can compel the Trustee of the township to convey the school house and lot to it.— School Township of Allen v. School Town of Macy, 109 Ind. 559. 2. Formation uf town — Eevenve. If a town is formed out of a portion of a township, ihe School Trustees of the town are entitled to demand and receive of the Township Trustee the proportion of school moneys belonging to the town, and it is the duty of the Township Trustee to ascertain the amount and pay it over to the Town School Board. — Johnson v. Smith, 64 Ind. 275. So when a new township is created by a division of the territory of an existing township, the former is entitled to an equitable division of the school fund be- longing, or to be apportioned, to the township as originally constituted ; and if there be no debt to be provided for, the new township should receive its jjroportion- ate share of the special school revenue and tuition fund which should be ap- portioned upon the basis of the enumeration of school children residing in the territory constituting such new township. — Towle v. Brown, 110 Ind. 65, 599. o. School, board— Township Trustee. Under the law, it is clearly the duty of the Trustees of an incorporated town to appoint School Trustees for the corporation, and I think they can be compelled to do so by a writ of man'date from the Circuit Court. In case the Township Trustee continues to control and manage the schools of an incorporated town (no town School Trustees having been appointed), I think that, under the general principle that an officer shall continue to perform his duties till his successor is appointed and qualified, he would be liable on con- tracts made by him in exercising such control and management.— i/o/co?«-6e, Supt. 4. Corporate limits — C'onditional deed. A school corporation can not establish a school outside of its territorial limits. — State v. Shields. 56 Ind. 521. You say that a lot was deeded to a township " for school purposes," and ask if the house built thereon will revert to the original owner if the Trustee decides to change the location of the school house. If the above quotation is all that is expressed in the deed upon that subject, then I think the property will not revert to the original owner. If the deed should say, " ko Itmg ax ^(sed for school purposes," then I suppose it might revert to the original owner. — Woollen, Attij-Gen. 4509. Use of school house. When a school house is Tn30ccii])ied l)y a common school of tlie State, and the people who form the school at such house desire that a private school be taught therein, SCHOOL LAW OF ikDlANA. IST and a majority of them make application to the Trustee having charge of such house for the use of it for such private school, it shall be the duty of the Trustee to permit said school house to be used for such private school by such teacher as may be mentioned in the application, but not for a longer time than until said house may be wanted for a public school ; and such permission and use shall be upon the condition that the teacher employed in said school shall report, in writing, to the Trustee — Fird. The number of teachers employed, distinguishing between male and female. Second. The number of pupils admitted into the school within the term, and the average daily attendance. Third. The cost of tuition, per pupil per month, in said school. Tl58) 1. Teacher's report — Care of house. It is not the intention of this sec- tion to deny the Trustee the right to permit the use of a school house for a private school, in the absence of a petition, unless there shall be a protest of a majority of the district against such use. In order to secure proper qualification on the part of the teacher, it is recommended that, other things equal, the house be let to a teacher holding a valid license. To secure the preservation of the house, it is recommended that some reliable party should be held responsible to the Trustees for the proper care of such property, and for repair of all damages. This party may be the teacher or some other, as may be agreed upon. It is hoped that Trustees will insist upon reports from teachers, as provided for in this section. — Hoss, Swpt. 2. Trustee's discretion. Tlie people who form the school at such house must be construed to mean the persons entitled to vote at the school meetings. The Trustee has no discretion as to permitting the use of a school house for a private school when applied for as provided in this section. He must permit the use. The teacher occupying a school house, iinder such petition, thereby obligates himself to comply with the conditions contained in the law as to reporting. — Hobbs, Supt. 3. Appeal to County vSuperintendent. As the law provides for holding private schools in public school buildings, and prescribes the steps to be taken in obtaining permission to hold them, I think ? 4537 as to appeals must be held to apply to the establishment of such private schools, as well as the regular public schools. If, therefore, the directions of this section have been complied with, and the Trustee refuses the use of the liouse for a private school, an appeal may be taken to the County Superintendent. If the Trustee refuses to obey the decision of the Superintendent, he may be compelled to do so by a writ of mandate. — Holeoinbe, Supt. [1859, p. 181. Approved March ."., 1850, nnd in force August (5, 1859.] 4510. Use of school house. If a majority of the legal voters of any school district desire the use of the school house of such district for other purposes than common schools, when unoccupied for common school purposes, the Trustee shall, upon such application, au- thorize the Director of such school district to permit the people of such 138 SCHOOL LAW OF INDIANA. district to use the house for any such purpose, giving equal rights and privileges to all religious denominations and political parties, without any regard whatever to the numerical strength of any religious denomi- nation or political party of such district. (6) 1. Note. The Trustee, upon application of a majority of the legal voters of a school district, may authorize the Director to permit the use of the house for other than school purposes, and a complaint to enjoin such use must aver that a majority of the legal voters of the district have not expressed a desire therefor. — Hurd v. Walters. 48 Ind. 148. 2. Tbustee's power and duty. The Trustee is made responsible for the care, management, and preservation of the school houses in his school corporation. This trust he can not alienate. It is true that it is liis duty to permit the school house to be used for other than school purposes when the terms of the law have been complied with, but it is equally true that it is contemplated by the law that the Trustee shall retain such control of the school house as will enable him to enforce the provisions of the law. Inasmuch as the Trustee must give equal rights and privileges to all religious denominations and political parties, it is clear that he can not make a contract with any i)arty by reason of which one denomination or one political party shall obtain possession of the house to the exclusion of any other, except for the time being, or hj which the control of the house shall pass from his hands. It is not necessary that the voters of a district petition the Trustee on each separate occasion that the house is desired for other than school purposes, but if a general petition be filed with the Trustee, in proper form, requesting, for example, that the house be used for religious purposes, he may then permit the house to be so used as occasions may require. In the absence of an expressed desire on the part of the voters of a district, it is held that the Trustee may, through the spirit of accommodation, ratlier than by a strict construction of the law, permit school houses to be used for religious and other public meetings when he is satisfied that a majority of the district do not object. In all cases when school houses are used for such purposes, it is the duty of the Trustee to prescribe and enforce such rules and regulations as will protect the prop- erty from injury. It is evident that the provisions of this section apply only to districts in townships, and not to cities and incorporated towns. — Smart, Supt. [1S65, p. 3. Approved and in force March 6, 1865.] 4511. School house, when sold. The proper Trustee may, whenever a school house shall have been removed to a different location, or a new one erected for the school in a different place, if the land whereon the same is situated belongs unconditionally to the town- ship, town or city, sell the same, when, in his opinion, it is advantageous to the township, town or city so to do, for the highest price that can be obtained therefor ; and upon the payment of the purchase-money to the township, town or city Treasurer, he shall execute to the purchaser a deed of conveyance, which shall be sufficient to vest in such purchaser all the title of such township, town or city thereto. The money derived from such sale shall be a part of the special school revenue. (149) SCHOOL LAW OF INDIANA. 139 1. Conveyances. A deed to the school township for the use of the township for school purposes, is an absolute and not a conditional conveyance; and the township may sell the property so deeded. The deed of the township should be made in the name of the Trustee of the school township, and signed by him as such School Trustee. School Boards of cities and towns may sell and convey a school lot upon the conditions named in this section. — 'i 4437, 4438, 4508, note 4. [1877, p. 125. Approved and in force March 6, 1877.] 4512. School house for several townships. The Trustees of two or more adjacent counties or townships may establish a new school district, and build a school house therein at the joint expense of their several townships, whenever, in their judgment, it shall appear necessary for the better accommodation of the people of their respective townships : Provided, That such necessity must be set forth in a peti- tion of the persons making the request — such petition to be presented to each of said Trustees. And said Trustees shall, at the time agreed upon by them, not less than ten days nor more than thirty days from the time of receiving such petition, hold a joint meeting, for the pur- pose of declaring whether such petition shall be granted, and take such further action as the case may require. (1) 1. Ad-justment of revenue. It would seem from the language of the statute that when a joint district school is established, parents and guardians living in the vicinity would have the right to elect to send their children to it, even tliough it be out of their own township. Such a choice would generally necessitate several transfers, but transfers can not be made except at the time of taking the enumera- tion (^ 4473, 4474). The proper way to settle the difhculty would be for the Trustees of the several townships to pay to the Trustee of the one in which the house is located the revenue then on hand and afterward received for the benefit of the children sent to the school from their several townships, till the next enumera- tion. The matter will thereafter adjust itself. — Smart, Supt. See ? 4446, notes 1, 2, 3. 4513. Cost of erecting". Each township shall bear part of the expense of establishing such joint district school as the number of children of school age residing in each township, and attaching them- selves to said new district at the time of the formation, bears to the- whole number of children of school age who are attached to said district at its formation ; and each township shall assume its share of the debt so incurred. But when said school shall be established, it shall be sup- ported by the township in which it is established, in the manner already prescribed by law. (2 id.) 1. Title, joint. The deed for the property should be in the name of all the corporations interested, but after the building is completed and paid for the part- nership ceases, and the school house passes under the control of the Trustee of the township within whose limits the house is situatecj. — Smart, Supt. 140 SCHOOL LAW OF INDIANA. [1877, p. 12(i. Approved and in force- Marcih 7, 1877.] 4514. Donation and bequests. Whenever any person shall give or bequeath unto Trustees any sum of money exceeding five thousand dollars, for the purpose of erecting a public school building or seminary in any unincorporated town in this State, and upon the express or implied condition contained in said bequest that an amount equal thereto shall be raised by the citizens of said town or township for a like purpose, the Township Trustee of said township in which said town is situated shall, upon the petition of a majority of the legal voters of said township, be authorized to prepare, issue, and sell the bonds of said township, to secure a loan not exceeding fifteen thousand dollars, in anticipation of the revenue for special school purposes, for the pur- pose of complying with the condition annexed to such gift or devise — said bonds to bear a rate of interest not exceeding seven per cent, per annum, payable at such time, within seven years from date, as such Trustee may determine : Provided, That until all the bonds of any one issue shall have been redeemed, such Township Trustee shall not be authorized to make another issue, nor shall any such bonds be sold at a less rate than ninety-five cents on the dolllar. (!) 1. The County Board has no power to appropriate money out of the general fund of the county, to build a school house. — Rothrock r. Carr, 55 Ind. .334. 4515. Majority of voters. The whole number of votes cast for candidates for Congress at the last preceding congressional election in the township shall be deemed to be the whole number of legal voters of such township, a majority of whose names shall be signed to the petition presented to such Township Trustee ; to which petition shall be attached the affidavit or affidavits, as such Trustee may deem necessary, of a competent and credible person or persons that the signa- ture of all the names to said petition are genuine, and that the persons whose names are thereto signed are, as he believes, legal- voters of such township. (2) 4516. Sale of bonds. The Township Trustee shall record such petition, -together with the names attached, in the record-book of his township, and carefully file away and preserve said petition, and shall enter in such record a statement of the time when such petition was filed ; and if said Trustee shall then be satisfied that said petition contains the names of a majority of the legal voters of said township, he shall then prepare, issue, and sell bonds to the amount petitioned for in such petition, as provided in section one of this t^,ct (§ 4514), and SCHOOL LAW OF INDIANA. 141 shall accurately keep a record of all proceedings in and about the issue and sale of such bonds, to whom, and for what amount sold, the rate of interest they bear, and the time when they become due. (3) [1881, p. 592. Approved and in force April 16, 1881.] 4517. Site for school house— Eminent domain. Whenev^er, in the opinion of Trustees of school corporations or of the Township Trustee of any Township in this State, it shall be considered necessary to purchase any real estate on which to build a school house, or for any other purpose connected therewith, such Township Trustee or School Trustees, or a majority of them, may file a petition in the Circuit Court of said county, asking for the appointment of appraisers to ap- praise and assess the value of said real estate. (1) [1881, p. 592. Approved and in force April 16, 1881.] 1. . Locations. The question as to where school houses shall be located, and where land shall be acquired for that purpose, is left to the sound discretion of the Trustee ; and upon an application by the Trustee to the Circuit Court to acquire land for a school house, questions respecting the location selected are not triable. The method of trying such questions is by appeal to the County Sujjerintendent, as pro- vided by H537.— Braden v. IVIcNutt, 1 14 Ind. 214. 2. School township builds. The school township, and not the civil town- ship, must build the school house; and a note given by the civil township for the cost of constructing a school house is void. — Wingate i. Harrison School Township, 59 Ind. 520. 3. Disagreement among Tkustees. In cities and towns the School Trustees determine where and when a school house is necessary and convenient, and a con- tract by the Trustees for the building of such school house is binding, although one of the Trustees i^rotested against it. — Crist v. Brownsville Township, Ind. 461. 4. Fraud. An action may l)e' maintained to enjoin the construction of a school house, on the ground of fraud on the part of the Township Trustee, in the making of the contract, in the name of th-j State for *lie use of the civil township . and the remedy provided for an appeal to the County Superintendent^ is not in such a case exclusive, and does not prevent the bringing of the action. — State v. Earhart, 27 Ind. 119. 5. County Board of Commissioners. A County Board of Commissioners can not make an allowance to build a school house. — Eothrock v. Can-, 55 Ind. 334. 4518. Appraisers. Upon said petition being filed (the owner or owners of said real estate having had ten days' notice of the pendency thereof), the court shall appoint three freeholders, resident in said school corporation or said township where said real estate is situate, to appraise and assess the value thereof (2) 4519. ApJDraisement— Payment. Said appiai-^er?, be- fore making said assessment and appraisement, shall take an oath before 142 SCHOOL LAW OP INDIANA. the Clerk of said court to make "a fair, true, and honest appraisement of said real estate ; and shall then proceed to examine said real estate, hear such evidence as they may consider necessary, and make report of their appraisement within five days after their appointment. Upon said report being filed, the owner or owners of said real estate may ex- cept to the same for any cause, and a trial thereon may be had in said court. When the value of said real estate is finally determined in said court, the Township Trustees or School Trustees may pay to the Clerk of said court, for the use of the owner of said real estate, the amount so determined, and, upon payment thereof, the title to said real estate vest in said school corporation for said purposes. ( 3 ) ARTICLE VIII— TEACHERS' INSTITUTES. [1889, p. 67. Approved and in force March 2, 1889.J 4520. Township Institutes. At least one Saturday in each month during which the public schools may be in progress shall "be devoted to Township Institutes, or model schools for the improvement of teachers; and two Saturdays maybe appropriated, at the discretion of the Township Trustee of any township. Such Institute shall be pre- sided over by a teacher or other person designated by the Trustee of the township. The Township Trustee shall specify, in a written contract with each teacher, that such teacher shall attend the full session of each Institute contemplated herein, or forfeit one day's wages for every day's absence therefrom, unless such absence shall be occasioned by sickness or such other reason as may be approved by the Township Trustee, and for each day's attendance at such Institute, each teacher shall receive the same wages as for one day's teaching: Provided, That no teacher shall receive such wages unless he or she shall attend the full session of such Institute and perform the duty or duties assigned. 1. Trustee must notify teachers. Where a school teacher has no notice when an Institute in his township will be held, and he has not been negligent in ascertaining the date thereof, he is not liable to a forfeiture of wages. It is not the duty of the teacher to go to the School Trustee and ascertain the time of holding the monthly Institute ; but it is the duty of the Tmstee to designate the day on which the same will be held, and notify the teachers of such fact. The teacher has a right to rely upon the Trustee doing his duty, and should not suffer through the non-performance of such duty. — Saldtvin, Atty-Gcn. 2. Teachers must take part. The object of this Institute is the improve- ment of the teachers of the township. It seems to me that all the powers necessary to carry out this object are br common law conferred upon the persons managing SCHOOL LAW OF INDIANA. 148 the Institute. The object of the Institute will utterly fail, unless the teachers at- tending take part in the exercises. I think, therefore, the contract which the Trustee makes with the teachers, in relation to Township Institutes, necessarily requires the teachers to perform such reasonable exercises and duties as may be assigned to them. Indeed, the statute provides that the Trustee may designate one of the teachers to preside over the Township Institute. I am of the opinion that the mere presence of a teacher at a Township Institute does not fill the require- ments of the law. — Smart, Supt. I think that mere presence at the Institute is not a full compliance with the spirit of the law. The law contemplates active participation in the exercises of the Institute — Bloss, Supt. 3. Attendance compulsoky. It is the duty of a Townsliip Trustee to con- tract with all teachers employed by him to attend Township^ Institutes. It is his duty to provide for holding such Institutes, and to see that they are held. A mandate of court may be obtained to compel the Trustee to perform both these duties. I think that, even though the Trustee had failed to make a written contract with the teachers, he could require them to attend the Institutes. — ITolcombe, Supt. [18&3, p. 3. Approved and in force March 6, 1865.] 4521. County Institutes. In order to the encouragement of Teachers' Institutes, the County Auditors of the several counties of this State shall, whenever the County Superintendent of such county shall file with said Auditor his official statement, showing that there has been held, for five days, a Teachers' Institute in said county, with an average attendance of twenty-five teachers, or of persons preparing to become such, draw his warrant on the (bounty Treasvirer, in favor of said County Superientendent, for thirty-five dollars ; and in case there should be an average attendance of forty teachers, or persons pre- paring to become such, then the said County Auditor shall draw his warrant on the Treasurer for fifty dollars, for the purpose of defraying the expenses of said Institute : Provided, however, That but one of said payments be made in the same year. (159) 1. Superintendent's duty and pay. Such an institute as is contemplated by the law is not a voluntary association, but a teachers' meeting, at the head of which is the County Superintendent. He, therefore, has no right to surrender it into the hands of an incompetent director, nor to permit a course of procedure by any one, or by the Institute itself, by which time shall be wasted or unsatisfactory work done. The teachers are there to be instructed, and the Superintendent must necessarily take the responsibility of the Institute upon himself. The money which the Auditor is authorized to pay is to defray the expenses of the Institute exclusive of the per diem of the Superintendent, whose compensation must be obtained in the usual way. He is also entitled to his per diem for reasonable services in making preparations for the Institute. — Smart, Supt. 4522. Schools closed. When any such institute is in session, the common schools of the county in which said institute shall be held shall be closed. (160) l44 SCHOOL LAW OF INDIANA. 4523. Sessions. The several County Superintendents are hereby required, as a part of their duty, to liold, or cause to be held, such Teachers' Institutes at least once in each year in their respective counties. (161) ARTICLE IX— FREE LIBRARIES. [1883, p. 103. Approved March 5, 1883, and in force June 5, 1883.] 4524. In cities and towns. In all the cities and incor- j)orated towns in this State the Board of School Trustees, Board of School Commissioners, or whatever Board may be established by JaAV to take charge of the public or common schools of such city or incorporated town, shall have power, if in their discretion they deem it to the public interest, to establish a free public library in connection with the com- mon schools of such city or incorporated town, and to make such rules and regulations for the care, protection and government of such library, and for the care of the books provided therefor, and for the taking from and returning to said library of such books, as the said Board may deem necessary and proper, and to provide penalties for the violation thereof: Provided, That in any city or incorporated town where there is already established a library open to all the peojDle, no tax shall be levied for the purpose herein named. (1) 1. Amendment. As enacted in 1881, the benefits of this law were confined to cities of ten thousand inhabitants, but the amendment of this section, in force June 5, 1883, extended them to all cities and incorporated towns. [1885. p. 120. Approved and in force April 2, 18a5.1 4524 a. Libraries in certain cities. Wherever the Board of Directors of a library heretofore situate within the limits of any incorporated town may have filed the agreement and request with the Board of Trustees of said town, provided for in an act entitled "An act supplementary to an act entitled an act to establish public libraries," approved February 16, 1852, approved March 8, 1883, and the Board of Trustees of such town may have levied a tax for the sup- port of such library in pursuance of such request and agreement and in accordance with said act, and such town may after Avar d have become incor- porated as a city, the Common Council of such city shall have all the powers to levy tax, and do all other things granted by said act above named to Trustees of towns, and all the provisions of said act applicable SCHOOL LAW OF INDIAlSrA. 145 to such library-, and its relations to tlis towu before its iucorporatiou as a city shall, after such incorporation, be applicable to such library, and its relations to such city. (1) [1881, p. 47. Approved and in force March 7, 1881.] 4525. Tax to maintain. Such board shall also have power to levy a tax of not exceeding one-third of a mill on each dollar of tax- able property assessed for taxation in such city in each year ; which tax shall be placed on the tax duplicate of such city, and collected in the same manner as other taxes; and, when said taxes are collected, they shall be paid over to the said board for the support and maintenance of said public library. Such board shall have power, and it shall be its duty to disburse said fund, and all revenues derived from gift or devise, in providing and fitting up suitable rooms for such library ; in the pur- chase, care and binding of books therefor ; and in the payment of salaries to a librarian and necessary assistants. (2) 4526. Real estate. Any such city in which a free public library may be established in accordance with the terms of this act may acquire by purchase, or take and hold by gift, grant, or devise, any real estate necessary for, or which may be donated or devised for, the benefit of such library ; and all revenues arising therefrom, and the proceeds of the same, if sold, shall be devoted to the use of said library, (3) [1885, p. 160. Approved and in force April 8, 1885.1 4526 a. Real estate for libraries. In any case in which the Board of School Trustees of any city of this State have pur- chased any real estate for the use of a public library of said city, under Sections 4524, 4525 and 4526 of the Revised Statutes of 1881, and the revenue derived from taxation under said sections may have been or shall be insufficient to pay for such real estate, then said Trustees be and they are hereby authorized to pay for the same out of any money in the treasury of such school city belonging to the special school fund thereof. (1) [18a5, p. 3. Approved and in force March 6, 18&5.] 4527. Purchase of books for township libra- ries. The Superintendent of Public Instruction shall superintend the purchase of books for township libraries, under such regulations as the State Board of Education may adopt, and report to said board his pro- ceedings in relation thereto ; and said board shall order the issuing of the warrants by the Auditor of State for the payment of said purchase from said library revenue. (134) 10— ScH. Law. 146 SCHOOL LAW OF INDIANA. 1. Kkmakk. The library feature is believed to be one of the best, if not the very best, of the provisions in the school law. We hope the library system may prove so satisfactory, and become so useful and popular, that the people will in- struct, by common consent, the next Legislature to continue the annual appropri- ation for library purposes. — Larrabee, Supt. 2. Section's inoperative. It is to be regretted that the hopes of Superin- tendent Larrabee were not fulfilled. The repeal, by an act of March 9, 1867, of section 131 of the act of March 6, 1865, which provided for a State tax of one- tenth of a mill for the purchase of libraries, renders this and the followrng section obsolete. [191, p. 37. Approved and in force February 2fi, 1891.] 4527 a. School and library tax in cities of 30,- OOO. In all cities of the State of Indiana where Boards of School Commissioners have been elected and are managing the school affairs of said city under an act of the General Assembly of the State of Indiana entitled ' ' An act jDroviding for a general system of common schools in all cities of thirty thousand or more inhabitants, and for the election of a Board of School Commissioners for such cities, and defin- ing their duties and prescribing their powers, and providing for common school libraries within such cities, approved March 3, 1871, and the various acts of the General Assembly amendatory thereof, and supple- mental thereto, and in which the office of City Treasurer has been, or, hereafter may be abolished under and by virtue of an act of the Gen- eral Assembly of the State of Indiana entitled, ' An act concerning tax- ation for city and school purposes in cities containing a population of over seventy thousand, as shown by the last census of the United States ; to abolish the offices of City Assessor and City Treasurer in such cities, and provide for the discharge of the duties of such offices, and repeal- ing laws in conflict therewith, approved February 21, 1885,' " such Boards of School Commissioners be and they are hereby authorized and empowered in the manner and form in which they are now by law authorized to levy taxes, levy taxes for the support of the schools within such city including such taxes as may be required for paying teachers in addition to the taxes now authorized to be levied by the General As- sembly of the State of Indiana not to exceed however, in any one year, the sum of twenty-five cents on the one hundred dollars of the taxable property as shown by the certificate showing the assessment and valu- ation for taxation of all taxable real and personal and railroad property of such city, required to be delivered to said Board of School Com- missioners by section 8 of the said act of the General Assembly of the State of Indiana, approved February 21, 1885, and also to levy a tax each year not exceeding four cents on each one hundred dollars of the taxable property in said city as shown by said certificate for the. support SCHOOL LAW 01'' INDIANA. 147 of free public libraries in connection with the common schools of said city and to disburse any and all revenues raised by such tax levied for library purposes in the purchase of books and in the fitting up of suit- able rooms for such libraries, salaries to librarians and other expenses necessarily incident to the maintenance of such library ; also to make and enforce such regulations as they may deem necessary for the taking out and returning to and for the proper care of all books belonging to such libraries, and to prescribe penalties for the violation of such regulations. (1) 4527 b. County Treasurer reports to Board of School Cornmissioners. In all cities in the State of Indiana, where Boards of School Commissioners have been elected and are man- aging the school affairs of said city under and by virtue of said act of the General Assembly of the State of Indiana, approved March 3, 1871, and in which the office of City Treasurer has been, or may hereafter be abolished under and by virtue of said act of the General Assembly of the State of Indiana, approved February 21, 1885, as mentioned and described in the first section of this act, it shall be the duty of the County Treasurer on and after making liis settlement with the County Auditor on the third Monday of April, 1891, and the payment to the Board of School Commissioners of the amount by such settlement found to he due to it, as required by section 13 of the last above named act, at the close of each calendar month to make report duly verified by his oath, to said Board of School Commissioners of all taxes and delinquent taxes collected within said month, and thereafter, upon demand of the Treasurer of said Board of School Commissioners to pay to him for the use of said Board of School Commissionei-s the full amount of said taxes and delinquent taxes shown by said report to have been col- lected. Upon such payment being made, the Treasurer of the Board of School (Commissioners shall execute to said County Treasurer his re- ceipt for the amount of money so paid, whicli receipt the latter shall deliver to the Siscretary of the Board of School Commissioners, Avho shall give him a qidetm therefor, and credit said County Treasurer with the amount thereof and charge such amount to the Treasurer of said Board of School Commissioners. (2) 4527 c. County Treasurer's credits. Said County Treasurer shall thereafter in his settlement with the County Auditor, made as required by law, on the third Monday of April, and the first Monday of November in each year, present such quietuses to the County Auditor who shall give such County Treasurer credit therefor as against 148 SCHOOL LAW OE INDIANA. the sums with which he is chargeable upon account of the collection of such school taxes. (3) Note. This act has a general repealing section. The act repeals the act of 1889, p. 432, on the same subject. [1801, p 'Vi. Approved and in force February 26, 1891.] 4527 d. Bonds for library buildings. In all cities in the State of Indiana where Boards of School Commissioners have been elected and are ioanaging the school aifairs of said city under an act of the General Assembly of the State of Indiana entitled " An act provid- ing for a general system of common schools in all cities of thirty thou- sand or more inliabitants, and for the election of a Board of School Commissioners for sucli cities, and defining their duties and prescribing their powers and providing for common school libraries within such cities," approved March 3, 1871, and the various acts of the General Assembly amendatory thereof and' supplemental thereto such Board of School Commissioners be and they are hereby authorized and empowered to issue bonds iu any sum uot exceeding one hundred thousand dollars, for the purpose of ereetiug buildings for library and school offices to be used in connection with the common schools of said city. Such bonds to bear interest, uot exceediug five per cent, per annum payable after eleven years from the date thereof and within twenty years from the date thereof, as follows, to-wit : One-tenth thereof to be paid eleven years from date and one-tenth thereof to be paid each succeeding year until all are paid ; the money obtained from the sale of such bonds shall be disbursed by said Board of School Commissioners in the erection of a building for the library and school offices to be used in connection with the common schools of said city. Such bonds shall be designated " Library Buildiug Bonds," and maybe issued in such denominations, and iu such sums from time to time as the Board of School Commission- ers may deem expedient ; and each of said bonds shall upon its face designate the date of the maturity thereof: Provided, That at no time shall the amount of bonds so issued for such purpose by any such Board exceed the sum of one hundred thousand dollars ; and that said Board of School Commissioners shall have no power to issue any renewal thereof but the same shall be paid at maturity as hereinafter provided : And provided further, That such bonds shall not be sold for less than their par value. (1) 4527 e. Payment of bonds. If the Board of School Commissioners in any city shall exercise the powers granted to it by this act, it shall provide for the payment of said bonds as follows ; at SCHOOL LAW OF INDIANA. 149 the time of the levying of the taxes for the year which shall be collect- ible immediately before the maturity of the first maturing of said bonds. Said Board of School Commissioners shall levy in addition to the levy of taxes they may be authorized to make for other purposes a tax upon all property subject to taxation by it sufficient to pay the first maturing of such bonds, and apply the money raised thereby to the payment thereof; and each year thereafier said Board of School Com- missioners shall levy such tax, and apply the proceeds thereof to the payment of the bonds successively maturing until all shall have been paid. (2) NdTK. This act has a general repealing section. 4528. Distribution to townships. The State Board of Education shall, when such libraries have been received, cause the same to be distributed to the several townships in the State, under the direction of the State Superintendent, who shall apportion the same according to the school population of the townships : Provided, hoivcver, That existing inequalities in township libraries shall first be corrected, and that an equal allotment be made to each of the State prisons as is distributed to townships. (135) 4529. Township Trustee in charge. Such library shall be in charge of the Township Trustee, shall be deemed the prop- erty of the township, and shall not be subject to sale or alienation from any cause whatever. (136) 4530. Trustee's duties. Such Trustee shall be account- able for the preservation of said library ; may prescribe the time of taking and the period of retaining books ; assess and recover damages done to them by any person ; and adopt regulations necessary for their preservation and usefulness. He shall provide book-cases ; also, blank books, ruled, in which to keep an account of books taken out and re- turned ; and report the number each year to the County Superintend- ent. At the commencement of each school term, at each school house in the township, he shall cause a notice to be posted up, stating where the library is kept, and inviting the free use of the books thereof by the persons of the township. (137) 4531. Use of books. Every family in the township shall be entitled to the use of two volumes at a time from said library, whether any member of such family shall a,ttend school or not. (138) 150 SCHOOL L.r,v oi' ixdia:sa. 4532. Where kept. The Trustee may deposit the library at some central or eligible place in the township, for the convenience of scholars and families, and may appoint, for that purpose, a librarian to have the care and superintendence thereof. (139) 1. Pay of libkarian. When the Tov/uship Trustee employs a Township Librarian, he has authority to make a contract to pay him so much per year. The power to appoint a librarian gives the Trustee the power to secure the acceptance of such appointment by paying a sufficient, but reasonable, compensation. There is no statute hxing a fee for such work, but the same is to be paid for out of the township's general fund for ordinary township j^urposes. — Baldwin, Atty-Gen. 4533. When open. The library shall be open to a,ll persons entitled to its privileges throughout the year, without regard to school sessions, Sundays and holidays excepted. (140) [1885, p. 9. Approved and in force February 18, 1885.] 4533 a. Tax levy for library. Any township in which there has been, or may hereafter be established by private donations, a library of the value of one thousand dollars oi^ more for the use and benefit of all the inhabitants thereof, the Township Trustee of such township shall annually levy and collect not more than one cent on the hundred dollars upon the taxable property within the limits of suck township, which shall l)e paid to the Trustees of such library, and be applied by them to the purchase of books for said library, and may, with the consent of the Board of Commissioners of the county, when it shall become necessary to erect or enlarge a library building, annually for such period as may be necessary, levy and collect not more than five cents on the one hundred dollars upon the taxable property of said township, for not more than three years successively, Vidiich shall lie ex- pended by the Trustees in the erection or enlargement of a library building. (1) ARTICLE X— GENERAL PROVISIONS. [18G5, p. 3. Approved and in force March 6, 18G5.] 4534. Suits, how brought. Suits brought on behalf of the schools of any township, town or city, shall be brought in the name of the State of Indiana, for the use of. such township, town or city. (145) ] . Note. An action brought in the name of the State for the use of a city "as a distinct municipnl corporation for school purposes" is lightly brought. — : Hadley v. State, 66 Ind. 271. SCHOOL LAW OF INJDIANA. 151 2. Bringing an action in iavor of the township witliout designating ii as a school township vail be construed as bringing it in favor of the civil township, and not in favor of the school township. — Utica Township v. Miller, 62 Ind. 230 ; Jarvis V. Shelby Township, 62 Ind. 257. 4535. Costs. Any person who shall sue for or on account of any decision, act, refusal or neglect of duty of the Township Trustee, for which he might have had an appeal, according to the provisions of the preceding section, shall not recover costs. (146j 1. Note. The ''preceding section" here referred to evidently means ^4537. The costs are the costs made in the court. 4536. Process, how executed. Process in such suits against a school township, town or city, shall be by summons, executed by leaving a copy thereof with the Trustee [or School Trustees] of such township, town or city, ten days before the return-day thereof; and in case of an appeal, similar notice of the time of hearing thereof shall be given. (144) 1. Note. Service of summons by reading to a Trustee is insufficient and iable to be set aside, but a judgment by default upon such service would be valid, because it is sufficient notice to sustain a Judgment. 4537. Appeals from Township Trustees. Appeals shall be allowed from decisions of the [Township] Trustees relative to school matters to the County Superintendents, who shall receive and promptly determine the same according to the rules which govern appeals from Justices of the Peace to Circuit Courts, so far as such rules are applicable ; and their decisions of all local questions relating to the legality of school meetings, establishment of schools, and the location, building, repair, or removal of school houses, or transfers of persons for school purposes, and resignation and dismissal of teachers, shall be final. (164) 1. Procedure in appeals — Notice to parties. When a Trustee has de- cided to do an act subject to appeal to the County Superintendent, and has made a record of his decision, he should give the people interested such information as they may call for in order to afford them an opportunity to avail themselves of their privilege to appeal, if they desire to do so. Time for appeal— Brmrl An appeal must be taken within thirty days. That is the rule as to an appeal from the judgment of a .Justice of the Peace. But any appeal may be granted by the officer to whom it is taken, after the expiration of the thirty days, when the party asking it has been hindered from taking it by cir- cumstances not under his control. No hond is necessary in an appeal from a Trustee to the County Superintendent. Bfcorch — Transcript. Wlien a Trustee receives a written notice from an ag- grieved party of an appeal from his decision, he should immediately make a record 152 School law of indianA. oi the same. He should make a certified transcript of his record, which should be a complete statement of the proceeding before him, and should file the same, with all papers in the case, with the County Superintendent, within twenty days. County Superintendent's powers and duties. "When the County Superintendent receives the documents from the Trustee, if the case is such that he can determine the matter upon inspection of the documents, he should render judgment, make proper records, and notify Trustee ana appellant of his action. If it be necessary to permit the appellant to appear and present his case by testimony and argument, the Superintendent should set a day for the trial, not earlier than ten days from the date of notice of appeal, unless all parties signify their readiness to appear earlier; should notify Trustee and appellant of the day set, and should issue sum- mons to witnesses at the request of either party. While the Superintendent has no power to compel witnesses to attend a trial and testify, it is as much the duty of persons so summonsed to obey as it would be if the Superintendent had the right to issue a writ of attachment. In case the location of a school house is involved, the Superintendent may view the premises, and seek such evidence as he may deem advisable, and may incorporate the information thus gained into the record as part of the evidence of the case. When a Trustee improperly refuses to allow an appeal the County Superintendent may investigate and render judgment. — Smart, Supt. 2. Location op houses. The County Superintendent has no power, on ap- peal, to require a school house to be erected on land not belonging to the township. Otherwise his decision is final, but only as to the particular case before him. The Trustee may at once relocate at a different place. — Koontz v. State, 44 Ind. 323 ; State V. Mewhinney, 67 id. 397. After the location has been fixed by the County Superintendent on appeal, the Township Trustee may change it, subject to appeal. But if there be no subsequent change after the County Superintendent has deter- mined upon the location, the Trustee may be compelled, by mandate, to execute the order. — Trager v. State, 21 Ind. 317. See also § 4444, note 9 ; § 4499, note 4. 4. Jurisdiction of courts. Nothing in this act shall be so construed as to change or abridge the jurisdiction of any court in cases arising under the school laws of the State, and the right of any person to bring suit in any court, in any case arising under the school laws shall not be abridged by the provisions of this act — § 4429. No appeal to the Superintendent can be taken from the action of a Trustee in making a contract with any one, either for building a school house or like contracts, nor in regard to any criminal or fraudulent act of a Trustee, nor upon the mere breach of a contaact, nor upon the dismissal of a teacher in a city or town. This is a question for the courts.— Crawfordsville v. Hays, 42 Ind. 206. A suit to set aside a contract for the building of a school house, and to enjoin the doing of the work, on the ground of fraud on the part of the Township Trustee in making the contract, is properly brought in the name of the State for the use of the township; for the remedy provided by an appeal to the County Examiner is not exclusive in such cases, the matter involved not being " a 4ocal question relat- ing to the building of school houses."— State v. Earhart, 27 Ind. 119. But the rem- edy of appeal to the Superintendent is exclusive when "relative to school matters," and for the purpose of preventing vexatious and expensive litigation it is provided that his decision shall be final in regard to certain enumerated subjects. — Fogle v. Gregg, 26 Ind. 345. Eegulations adopted by persons in charge of a school are analogous to by-laws enacted by municipal and other corporations, and both will be annulled by the courts when found to be unauthorized, against common right, or palpably unreasonable. — State v. White, 82 Ind. 278. SCHOOL LAW OF INDIANA. 153 Upon any question arising out of the dismissal of a teacher, if the teacher has suflFered any damages, he may bring a suit against the township to recover whatever loss he has sustained. The court can only examine whether just cause existed for his dismissal, in order to see if he is entitled to damage for a wrongful dismissal, but can not reinstate him as a teacher, for as to that the Superintendent's decision is final. But on all those questions relating to the government and control of schools and school buildings, and school regulations, such as the establishment of schools, and the location, building, repair or removal of school house, or transfer of persons for school purposes, or even the attachment of a person to a certain school, and resignation of teachers, his decision is final, and no action can be maintained in the courts touching the same. This must necessarily be so, for courts can not undertake the superiutendency of school matters. Upon a question of fraud in holding a school meeting, it is difiicult to see how any question can arise so that courts can exercise any jurisdiction over it; it is believed there is none. — Baldwin, Atty- Gen. 4. Keferences. See I 4446, note 1 ; g 4499, notes 4, 5, 6 ; § 4506. 4538= Appeals from County Superintendent- Appeals shall be allowed from the decisions of County Superintendents to the Superintendent of Public Instruction, on all matters not other- wise provided for in the next preceding section ,; and the rules that gov- ern appeals from Justices of the Peace to the Circuit Courts, as to the time of taking an appeal, giving bonds, etc., shall be applicable in appeals from County Superintendents to the Superintendent of Public Instruction. (165) 1. Pkeceduke. The same rules in regard to the I/.l.j alowed for taking an appeal and for making transcript, etc., apply in case -I :, -.-Is to the State Super- intendent as to the County Saperintendent. [See^iiv _ i Jut an appeal bond seems to be necessary in case of an appeal to the State ; ; . rintc uleni. A bond for $25 would probably be sufficient. The County Sujk .cidt:;. biiould make a transcript of the record, and send it^ together with al' ;.p8rs iji the case, to the State Superintendent, with his certificate indorsed Li.er^:^ ■.. He must specifically certify to the facts, for exemple, that A B applied for a certificate on a certain day, that upon examination a license was refused on certain groinds, that the inclosed papers are those made by the applicant, upon which he v, .xs rejected. A copy of the questions used and the appeal bond should also be ser In case a refusal to license is based upon the County Superintendent's persouai mowiedge, he should make a statement of the facts, verified by affidavit, :;. d for ard it, together with corroborative testimony, and the testimony given in ,V(i . ihe accused. If an appeal is taken in due form, the State Superintendent luay .vcjuire the County Su- perintendent to forward the papers to him. and upon refusal may visit the county and make an examination into the facts of the case, and re- .Lr a decision that will be binding on all parties interested. — Smart, Svpt. 2. Trial by State Superintendent. The appeal if- ed by the Superin- tendent of Public Instruction upon the papers sent up. Afio f-cnal affidavits m.ay be filed with him and witnesses examined. Parties may appe.i uAore liim, and a complete trial be had, the same as before the County SuperinLo;icl.a„. An applicant l54 SCHOOL LAW OF INDIANA. for a license, who desires to appeal, should be allowed thirty days from the time, the County Superintendent's decision is rendered, not from the time of examination. If the license is denied because of immorality, the County Superintendent should specify in what particular the immorality consists, and this is the only question that can be tried on appeal. On appeal the Superintendent of Public Instruction can not grant a license; he can only order the County Superintendent to grant one. Should the latter refuse to grant it, a mandamus, at the instance of the teacher, would lie to compel him to obey the direction of the State Superintendent. If an appeal is taken and the County Superintendent refuses to send up the papers, a mandamus will lie to compel him to send them. Or the Superintendent of Public Instruction can visit the county and try the case there. Merely writing a letter to the Superintendent of Public Instruction, by the party desiring to appeal, and stating that he appeals from the decision of the County Superintendent, does not constitute an appeal. The initiatory steps must be taken in the matter with the County Superintendent. — Bloss, Supt. 4-539. Oaths. School officers are hereby authorized aad em- powered to administer all oaths relative to school busiiiese appertaining to their respective offices. (166) Note. But school officers can not administer oaths upon any other than school matters, and it is held that Directors can not administer them at all. County Su- perintendents and Trustees jnay administer oaths to Trustees and teachers reporting to them, and to witnesses in trials before them. [1881 S., p. 718. Approved April 14, 1881, and in force September 19, 1881.] 4540. Women eligible to school offices. Any woman, married or single, of the age of twenty-one years and upwards, and possessing the qualifications prescribed for men, shall be eligible to any office under the general or special school laws of this State. (1) 1. Constitutionality doubtful. The passage of this law implies that, in the judgement of the Legislature, women are not eligible to such offices. I think that is the correct idea. Indeed there is serious doubt whether the statute itself is constitutional. If a County Superintendent of schools is a county officer, a female, elected as prescribed by ? 4424, will find herself confronted by our State Constitu- tion (Pv. S. 1881, ? 154), which reads: "No person shall be elected or appointed as a county officer who shall not be an elector of the county." The constitutional amendment of March 14, 1881, says, in substance: "In all elections not otherwise provided for by this constitution, every male citizen of the age of twenty-one, who shall have resided in this State six months, etc., etc., shall be entitled to vote in the township where he may reside." (E. S. 1881, § 84.) Thus it would seem that no one except a male is entitled to hold a county office. My attention is called to the appointment of a lady notary public; but a notary is not a county officer.— 5aW- win, Atty-Oen. 2. School Trustee— Director. Attorney-General Baldwin expressed se- rious doubts of the constitutionality of the act authorizing the election of women to school offices, and held that they were ineligible to the County Superintendency on the ground that county officers are required to be electors. This reasoning does SCHOOL LAW OF INDIANA. ' 155 not apply to the office of School Trustee oi r. u^y ol- lown, and until -the act is de- cided by the courts to be unconstitutional, there is uu ground on which to question the eligibility of women to that office. Women who are voters at school meetings are eligible to the office of Director. (4498, note 1.) They can not be Township School Trustees, since that office is held ex officio by the civil Trustees. — Holcombe, Supt. 4-541. Bond binding". Any woman elected or appointed to any office under tHe provisions of this act, before she enters upon the discharge of tke duties of the office, shall qualify and give bond as re- quired by law, and such bond shall be binding upon her and her securi- ties. (2) STATE NORMAL SCHOOL. [1865 S., p. 140. Approved and in force December 20, 1865.] 4542. Establislned. There shall be established and main- tained, as hereinafter provided, a State Normal School, the object of which shall be the preparation of teachers for teaching in the common schools of Indiana. (1) 4543. Trustees— Corporate name, in order to the establishment and maintenance of such a school, the Governor shall ap- point, subject to the approval of the Senate, four compfetent persons, who shall, in themselves and in their successors, constitute a perpetual body corporate, with power to sue and be sued, and to hold in trust all funds and property which may be provided for said Normal School, and who shall be known and designated as the "Board of Trustees of the Indiana State Normal School." The Superintendent of Public Instruc- tion shall be, ex officio, a member of this board. (2) 4544. Term of office— Vacancies. Two members of this board shall retire, as may be determined, by lot or otherwise, in two years after their appointment, and the remaining two in four years ; whereupon the Governor, subject to the approval of the Senate, shall appoint, as aforesaid, their successors for a period of four years. All vacancies occurring in said board from death or resignation shall be filled by appointments made by the Governor. (3) 4545. Organization — Officers. Said Board of Trustees shall meet on the second Tuesday in January, 1866, at the office of the Superintendent of Public Instruction, and shall organize, by electing one of its number president and one secretary, each for a term of two 156 SCHOOL LAW OF INDIANA. years ; aud, at tiiis or at a subsequent meeting, it shall elect some suit- able person, outside of its number, as treasurer, who shall, before enter- ing on duty, give bond in such sum as it may prescribe. (4) 454-6. Donations. Said board shall, at its first meeting, open books to receive, from ditferent parts of the State, proposals for donations of grounds and buildings, or funds for the procuring of grounds and erection of buildings, for said Normal School. Also, it may, if deemed needful, at this or a subsequent meeting, appoint one of its number, or other competent person, to visit different parts of the State and explain the nature and object of said Normal School, and to receive proposals of donations of buildings and grounds, or of funds for the same. (5) 4"54"7. Location. Said board shall locate said school at such place as shall obligate itself for the largest donation : Provided, first, That said donation shall not be less in cash value than fifty thousand dollars ; second, That such place shall possess reasonable facilities for the success of said school. (6) J. An act of 1867 (p. 177) appropriated fifty thousand dollars out of the common school library fund and State treasury in aid of the erection of the build- ings with a condition precedent that no part thereof should be paid until the city of Terre Haute has vested in the Board of Trustees of the Normal School the title to the land donated by her as a site for the school, by a good and sufficient deed in fee-simple, and had also bound herself, by an agreement filed with the Auditor of State, to forever maintain one-half of the necessary repairs incident to keeping the buildings and grounds in proper order. 4548. Contract for building". Said board shall, immedi- ately after the selection of place of location, proceed to let a contract or contracts for the erection of a building to the lowest responsible bid- der : Provided, That no member of the board be a contractor for building or for furnishing any material therefor. (7) 4549. Model school. Said board shall organize, in con- nection with the Normal School, in the same building with the Normal School or in a separate building, as it shall decide, a Model School, wherein such pupils of the Normal School as shall be of sufficient ad- vancement shall be trained in the practice of organizing, teaching and managing schools. (8) 4550. Duty of Trustees. Said board shall prescribe the course of study for the Normal School ; shall elect the instructors and SCHOOL LAM'- OF INDIANA. 167 fix their salaries ; and shall determine the couditious, subject to limita- tions hereinafter specified, on which pupils shall be admitted to the privileges of the school. (9) 4551. Conditions of admission. The following condi- tions shall be requisite to admission to the privileges of instruction in the Normal School : First. Sixteen years of age, if females, and eighteen, if males. Second. Good health. Third. Satisfactory evidence of undoubted moral character. Fmirth. A written pledge on the part of the applicant, filed with the principal, that said applicant will, so far as may be practicable, teach in the common schools of Indiana a period equal to twice the time spent as a pupil in the Normal School ; together with such other conditions as the board may, from time to time, impose. (10) 4552. Tuition free. Tuition in the Normal School shall be free to all residents of Indiana who fulfill the four conditions set forth in the preceding section and such other conditions as the board may re- quire. (11) 4553. Principle of management. A high standard of Christian morality shall be observed in the management of the school, and, as far as practicable, inculcated in the minds of the pupils ; yet no religious sectarian tenets shall be taught. (12) 4554. Report. ■ Said Board of Trustees shall, bienially, make a report to the Legislature, setting forth the financial and scholastic condition of the school ; also making such suggestions as, in their judg- ment, will tend to the improvement of the same ; and in the years in which there is no session of the Legislature, it shall make a report of the scholastic condition of the school to the Governor, on or before the first Monday in January. (13) [18Y3, p. 199. Approvefl and in force March 5, 1873.] 4555. Board of visitors. The State Board of Education shall appoint, annually, in the month of June, or at its first meeting thereafter, a committee of three, who shall constitute a board of visitors, and shall, in a body or by one of its number, visit said school once dur- ing each term, and witness the exercises and otherwise inspect the con- dition of the school ; and, by the close of the Normal school year, they shall make a report to the Board of Trustees. The members of said 158 SCHOOL T-AW OF mr>IANA. board of visitors sliall be allowed five dollars for eacli day's service ren- dered, and also traveling expenses, to be paid out of the State treasury. (14) [1891, p. 311. Approved and in force M.ireh (3, 1891.1 4556. Tuition revenue. The Superintendent of Public Instruction shall, in his next apportionment of school revenue for the State, deduct fifteeen thousand dollars ; and semi-annually thereafter he shall deduct the same amount ; which shall be set apart and be known as the Normal School fund. These moneys shall be paid out only on the warrant of the Auditor, drawn on the order of the Board of Trust- ees of said Normal School. (15) . [1873, p. 199. Approved and in force March 5, 1873.] 4557. Certificates— Diplomas. The Board of Trustees is authorized to grant, from time to time, certificates of proficiency to such teachers as shall have completed any of the prescribed courses of study, and whose moral character and disciplinary relations to the school shall be satisfactor3^ At the expiration of two years after graduation, satisfactory evidence of professional ability to instruct and manage a school having been received, they shall be entitled to diplomas appro- priate to such professional degrees as the Trustees shall confer upon them ; which diplomas shall be considered sufficient evidence of qualifi- cation to teach in any of the schools of this State. (2) 4558. Annua! appropriation. There shall be appro- priated out of the State treasury, from funds not otherwise appropri- ated, three thousand two hundred and six dollars and eighty-three cents, to liquidate the indebtedness of the Normal School ; also an amount, annually, not exceeding two thousand dollars in any one year, for warm- ing, lighting, janitor's fees, repairs, and for actual expenses of said institution. (3) [1865 S..P.140. Approved and in force December 20, 1865.1 4559. Pay of Trustees. The members of the Board of Trustees shall each be allowed five dollars for each day's service ren- dered, also traveling expenses, to be paid out of the State treasury. (16) 4560. Pay of treasurer and agent. Said board shall pay its treasurer, and its agent, if such be appointed, as provided for in this act, such sums for their services as shall be reasonable and just. (17) SCHOOL \jAW <»K INDIANA. 159 INDIANA UNIVERSITY [1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 4561. ReCOgTlized. The institution established by an act entitled "An Act to establish a college in the State of Indiana," ap- proved January 28, 1828, is hereby recognized as the University of the State. (1) The State University is not a public corporation, but a private, or at least a quasi public one, and its endowment fund is not embraced by the phrase, " public funds," as used in the interest law of 1879. State v. Carr, 111 Ind. 335. [1883, p. 82. Approved and in force March 3, 1883.] 4661a. Tax for endowment fund. There shall be assessed and collected, as State revenues are assessed and collected, in the year of eighteen hundred and eighty-three, and in each of the next succeeding twelve years, the sum of one-half of one cent on each one hundred dollars worth of taxable property in this State, which money, wdien collected and paid into the State treasury in each of the years named in this act, shall be placed to the credit of a fund to be known as the permanent endowment fund of the Indiana University. (1) 4661 b. Application of fund. Whenever, after the first day of May, eighteen hundred and eighty-four, there shall have been paid into the State treasury a sum of said permanent endowment fund sufficient to pay off any of the interest-bearing indebtedness of the State, it shall be the duty of the Treasurer of State to pay off and can- cel such indebtedness, and it shall be the duty of said Treasurer of State to continue to pay off and cancel said interest-bearing indebtedness which may be due, or which, by the terms of the contract creating such indebtedness, may be paid off, whenever there is a sufficient sum of said permanent endowment fund in the State treasury to pay off the same out of said permanent endowment fund. (2) 4661 C. Bond of State. It shall be the duty of the Treas- urer of State, immediately after paying off any of the interest-bearing indebtedness of the State, as provided for in section two of this act, to make and issue to the trustees of said university and to their successors in office a non-negotiable bond of the State in an amount equal to the sum drawn from said permanent endowment fund and used in such pay- ment. Said non-negotiable bond shall be signed by the Governor and Treasurer of State, and attested by the Secretary of State and the seal of the State, and be made payable in fifty years after date, at the option of the State, and said bond shall -bear five per cent, interest from date 160 SCHOOL LAW OF INDIANA. until paid, which interest shall be paid semi-annually on the first days of May and November of each year, and the same shall be applied to the current and extraordinary expenses of said university and be paid to the trustees thereof under the same rules r.nd regulations as is now required by law in the payment of the revenues of said university. The non-negotiable bonds provided for in this act, when executed, shall remain in the custody of the Treasurer of State. (3) 4661 d. Loans by State Auditor. That so much of said permanent endowment fund as shall not at any time be absorbed by the non-negotiable bonds of the State, as contemplated in this act, shall be loaned by the Auditor of State at six per centum interest, pay- able annually in advance, in real estate security ; and in making loans and disbursing interest collected the Treasurer of State and the Auditor of State shall be governed by the law now in force regulating the man- ner of making loans of the university funds and paying out interest collected, except as otherwise provided in this act. (4) 4661 e. Mortgages taken by State Auditor. It shall be the duty of the Auditor of State to make a complete record of every mortgage and note executed on account of any loan from said permanent endowment fund, in a book to be kept in his office for that purpose ; and on payment of any loan to said fund, said Auditor shall enter a record of satisfaction in full on the margin of the record of the mortgage in his office, and sign the same with his name ; and he shall also, in like manner, enter satisfaction in full on the face of the mort- gage ; which mortgage, when presented by the mortgagor, or any person holding title under him, to the recorder of the county wherein the land mortgaged is situated, shall authorize the recorder of said county to copy such entry on the record in his office. (5) 4661 f. State may borrow fund. If at any time here- after the State shall need the loan of any part, or of all, of said perma- nent endowment fund, the State shall be a preferred borrower of so much of said fund as shall not be loaned at the time. But it shall be the duty of the Treasurer of State to cause to be executed, as an evi- dence of any such loan, a non-negotiable bond of the State for the amount so borrowed, in like manner as is provided in section three of this act : Provided, If at any time hereafter the said Indiana University shall be consolidated with any other educational institution or institutions of the State, or shall be removed from its present location for any cause what- ever, the fund raised under the provisions of this act shall be held and SCHOOL LAW OF INDIANA. 161 used for the benefit of such institution, as consolidated or changed, not- withstanding such change or consolidation whenever so removed or con- solidated : Provided, fuHher, That after said date, no further appropri- ation shall be made to said university. (6) [1856, p. 201. Approved and in force March 3, 1855.] 4562. Trustees — Corporate name — Officers — Powers." The board of trustees of the State University shall be eight iu number, of whom not more than one shall reside in the same county, excepting the county of Monroe, from which two may be se- lected. They and their successors shall be a body politic, with the style of "The Trustees of Indiana University;" in that name to sue and be sued ; to elect one of their number president ; to elect a treasurer, sec- retaiy, and such other officers as they may deem necessary , to prescribe the duties and fix the compensation of such oflicers ; to jjossess all the real and personal property of such University for its benefit ; to take and hold, in their corporate name, any real or personal property for the benefit of such institution ; to expend the income of the University for its benefit ; to declare vacant the seat of any trustee who shall absent hiiiiself from two successive meetings of the board, or be guilty of any gross immorality or breach of the by-laws of the institution ; to elect :i president, such professors, and other officers for such University as shall be necessary, and prescribe their duties and salaries ; to prescribe the course of study and discipline and price of tuition in such University ; and to make all by-laws necessary to carry into efiect the powers hereby conferred. (2) 4563. The first Trustees. The following persons and their successors shall constitute said board : Joseph S. Jenckes, of Vigo County; Joel B. McFarland, of Tippecanoe County; George Evans, of Henry County; William M. French, of Clark County ; Ransom W. Aiken, of Monroe County ; Johnson McCollough, of Monroe County ; James R. M. Bryant, of Warren County; John I. Morrison, of Wash- ington County ; three of whom shall serve for two years, two for three years and three for four years. (2) 4564. The first meeting. The first meeting of said board shall be at the town of Bloomington on Monday, the second day of April, 1855, when they shall determine by lot their several terms of service. (3) 11— ScH. Law, 162 SCHOOL LAW OF INDIANA. 4565. Vacancies. Vacancies in said board, whether occa- sioned by death, resignation, removal from the State, expiration of terms of service, or otherwise, shall be filled by the State Board of Education. (4) 4566. Pay of Trustees. The Trustees of said University shall receive, when employed in the actual service of the University, the same pay as members of the General Assembly. (5) [1891, p. 65. Approved ;iu(l in force March 3, 1891.] 4566 a. Trustees of Indiana University. The Trustees of Iiuliaua University shall hereafter be elected for such terms of service, and in such manner as is herein provided, and the terras of service of the Trustees now in office, and of those hereafter elected, shall expire on the first day of July of the year in which such terms are to end. (1) 4566 b. Trustees' terms expiring 1891, succes- sors. Successors to three Trustees whose terms of service expire in the year eighteen hundred and ninety-one (1891) shall be elected by the Alumni of the University at the College Commencement of the year 1891 ; one of the Trustees so elected shall serve for one year, one for two years, and one for three years. At the first meeting of the Board of Trustees after July 1, 1891, the several terms of service of siicdi three Trustees shall be determined by lot. At the annual commence- ment of the year in which their terms expire successors to such three Trustees shall be elected by the Alumni of the University, each to serve for three years. When vacancies in the Board of Trustees arise from the death, resignation, removal from the State, expiration of term of service, or otherwise, of any of the three trustees to be elected in 1891, or any of their successors, such vacancies shall be filled by the Alumni. (2) 4566 c. Trustees' terms expiring 1893, succes- sors. Successors to the two Trustees whose terms of service expire in 1893 shall be elected by the State Board of Education, and one of sucli two successors shall be elected for a term of two years, and the other for a term of three years. Successoi's to the three Trustees whose terms expire in 1894 shall be elected by the State Board of Education, one for a term of two years, and the other two Trustees for terms of three years. Successor's to the five Trustees herein provided to be elected by the State Board of Education shall be elected by said State Board of Education, each Trustee so elected to serve for three years : Provided, That Trustees elected by the Alumni or the State Board of Education, SCHOOL ]. AW OF INDIANA. 168 to fill vacancies caused otiierwitic tliau by expiratiou of termti ofEervice, shall be elected for such unexpired terms only. When vacancies in the Board of Trustees arise from the death, resignation, removal from the State, expiratiou of term of service, or otherwise, of any of the five Trustees or their successors, herein provided to be elected by the State Board of Education, such vacancies shall be filled by said State Boui'd of Education. (3) 4566 d. Registry of Alumni. A registry of the name and address of each alumnus of Indiana University residing in the State of Indiana shall be kept by the Librarian of said University, who shall correct such addresses when notified by the Alumni so to do. The Alumni of the University shall be those persons who have been awarded and on whom have been conferred any of the following degrees : Bach- elor of Arts (A. B.), Bachelor of Letters (B. L."), Bachelor of Science (B. S.\ Bachelor of Philosophy (B. Ph.), Bachelor of Laws (L. L. B.), Master of Arts {A. M.), Master of Science (M. S.), Doctor ol Philoso- phy (Ph. J).). (4) 4566 e. Nomination of Trustees. Any ten or more Alumni may file with the Librarian of the University on or before the first day of April in each year a written nomination for the Trustee or Trustees to be elected by the Alumni at the next college commence- ment. Forthwith after such first day of April a list of all such candi- dates shall be mailed by said Librarian to each alumnus at liis address. 03) 4566 f. Annual meeting of Alumni. The annual meeting of the Alumni for the election of Trustees shall be held at the University on the Tuesday before the annual commencement day of said University, at the hour of nine o'clock A. M., at which meeting a Trus- tee shall be elected to serve for three years from the first day of July of such year, and any Trustee or Trustees which the Alumni may be en- titled to elect to complete any unexpired term or terms. (6) 4566 g. Method of voting by Alumni. Each Alum- nus resident in the State of Indiana may send to said Librarian, over his signature, at any time before the meeting of the Alumni for the election of such Trustee or Trustees, the vote for such Trustee or Trus- tees which he would be entitled to cast if personally present at such meeting, which vote such Librarian shall deliver to such meeting to be opened and counted at said election, together with the votes of those who are personally present ; but no person shall have more than one vote. The person or persons having the highest number of votes upon 164 SCHOOL LAW OF TNDtANA. the fiiist ballot shall be declared the Trustee or Trustees according as there may be one or more than one Trustee to be elected : Provided, The votes received by said person, or by each of said persons, or at least fifty per cent, of all the votes cast. Otherwise, the Alumni per- sonally present at such meeting shall, from the two having the highest pluralities, elect a Trustee, unless their pluralities shall aggregate less than fifty per cent, of the votes cast, in which case there shall be in- cluded in the number of those to be voted for, so many of those coming after such two highest in order of pluralities as will bring the aggregate of such pluralities of those to be voted for to fifty per cent, of the votes cast. (7) 4566 h. Repealing" section. All laws and parts of laws in conflict with this act are hereby repealed. (8) II R. S. 1852, p. 504. Aijprovetl June IT, 1852, and in force May 6, 1853.] 4567. Annual meeting". Said Trustees shall annually meet at the town of Bloomington at least three days preceding the an- nual commencement of the University. (3) 4568. Quorum— Temporary appointnnents. Five of such Trustees shall constitute a quorum ; and, in case an emergency IS declared by the faculty, after there shall have been a called session at which the other members failed to attend, the Trustees residing in the county of Monroe may fill vacancies in the faculty of the University and the Board of Trustees ; and, in case there should not be three Trustees in attendance upon such emergency, then those that are in at- tendance, together with such members of the facult)'' as may be in at- tendance, shall fill such vacancies ; but appointments thus made shall expire at the next meeting of the board. (4) 4569. Seminary township. The Trustees of said Uni- versity shall receive the proceeds of the sales and rents of the three re- served sections in the seminary township in Monroe County, and the same shall be paid to the treasurer of said Trustees, on their order. (5) 4570. Interest on loans. The interest arising from loans of the State University fund, as received at the State treasury, shall be paid on the warrants of the Auditor of State ; such warrants to be granted on allowances made to the persons entitled thereto by the Board of Trustees, and duly certified by their secretary. (6) SCHOOL LAW OF INDIANA. IGo 4571. Faculty — Powers. The president, professors aucl instructors shall be styled "The Faculty" of said University, and shall have power — First. To enforce the regulations adopted by the Trustees for the government of the students ; to which end they may reward and cen- sure, and may suspend those who continue refractory, until a determi- nation of the Board of Trustees can be had thereon. Second. To confer, with the consent of the Trustees, such literary degrees as are usually conferred in other universities, and, in testimony thereof, to give suitable diplomas, under the seal of the University and signature of the faculty. (7) 4572. No religious qualification. No religious quali- fication shall be required for any student, trustee, president, professor or other officer of such University, or as a condition for admission to any privilege in the same. (8) 4573. No sectarian tenets. No sectarian tenets shall be inculcated by any professor at such University. (9) 4574. County students. The Trustees shall provide for the tuition, free of charge, of two students from each county in this State, to be selected by the Board of County Commissioners. (10) Each county may send two students, free of tuition fees, to be instructed in the Law Department, as well as any other department. McDonald %\ Hagins, 7 Blackl. 525. 4575. Notice to counties. The secretary of the Board shall notify the County Auditor of each county of the State whenever there shall not be in attendance at the University the number of stu- dents which such county is entitled to send free of tuition ; of which such Auditor shall notify the Board of Commissioners of such county at its next meeting, fll) 4576. Treasurer's bond. The treasurer of the Univer- sity shall give bond in a penalty, and with surety to be approved by such Board, payable to the State, conditioned for the faithful discharge of his duties ; which bond shall be filed with the Auditor of State. (12) 4'b77. Board of visitors. The Governor, Lieutenant-Gov- ernor, Speaker of the House of Representatives, Judges of the Supreme Court, and Superintendent of Common Schools [State Superintendent of Public Instruction], shall constitute a board of visitors of the Uni- versity, and any three thereof a quorum. (13) 166 SCHOOL LAW OF INDIAN V. 4578. Visitors not attending, to be reported. In case the meniberB of such Board of Visitors fail to attend the annual commendement exercises of the University, the president of the Board of Trustees shall report such of them as are absent to the next General Assembly, in its annual report. (14) 4579. Duties of visitors. Such Board of Visitors shall ex- amine the property, the course of study and discipline, and the state of the finances of the University, and recommend such amendments as it may deem proper, the books and accounts of the institution being open to its inspection ; and it shall make report of its examination to the Governor, to be by him laid before the next General Assembly. (15) 4580. Duties of Secretary. The secretary of the Board of Trustees snail keep a true record of all the proceedings of said Board, and certify copies thereof. He shall also keejo an account of the stu- dents in the University according to their classes, stating their respect- ive ages and places of residence, and a list of all graduates. (16) 4581. Duties of Treasurer. The treasurer of said Uni- versity shall — First. Keep true accounts of all money received into the treasury of said University, and of the expenditure thereof. Second. Pay out the same on the order of the board of trustees, cer- tified by its secretary. Third. Collect the tuition fees due the same. Fomih. Make serai-annual settlements with the board of trustees. Fifth. Submit a full statement of the finances of the University, and his receipts and payments, at each meeting of the board of trus- tees. Sixth. Submit his books and papei's to the inspection of the trustees and visitors. (17) 4582. Report to State Superintendent. The board of trustees, its secretary and treasurer, shall report to the Superintend- ent of Common Schools [State Superintendent of Public Instruction], all matters relating to the University, when by him required. (18) 4583. Lectures by faculty. One member of the faculty, to be designated by a majority thereof, of which the secretary of the board shall be informed, shall, by himself or competent substitute, de- liver a public lecture on the principles and organization of the Univer- sity, its educational facilities ( being careful not to disparage the claims of other institutions of learning in the State), in at least fifteen difter- ent counties of the State, of which he shall give due notice ; and in a SCHOOL LAW OF INDIANA. 167 vacation of less duratiou than one month, a member of the faculty, to be designated as aforesaid, shall, deliver such lecture in at least three different counties ; a brief statement of which lectures shall, by the per- sons delivering them, be reported to the board of trustees annually, to be by them incorporated in the annual report to the General Assembly ; but no two such lectures shall be delivered in the same county until all the counties of the State have been lectured in. (19) 4584. Geological examinations and specimens. Such lecturers shall make such. geological examinations and collect such mineralogical specimens as they may be able to make and procure ; a report whereof they shall make to the board of trustees, to be by it in- corporated in its annual report to the General Assembly ; and such spec- imens, together with those they may procure by voluntary donations, they shall deposit in a suitable room in the University buildings, to be fitted up for that purpose. (20) 4585. Printing annual report. The Governor of the State shall order the printing, annually, of five thousand copies of the annual report of tlio boiud of trustees, twenty-five hundred of which shall be for the use of the members of the General Assembly and twen- ty-five hundred for the faculty. (21) This report and the catalogues are printed by the State Commissioners of Pub- lic Printing. Acts 1885, p. 217, Sec. 9. 4586. Contents of report. Such report shall contain what is now included in the annual catalogue, with such other matters as may be deemed useful to the cause of education, connected with the University. (22) 4587. Notice of sessions. The board of trustees, through its president, shall give at least one month's notice of the commencement of each session of the University, in at least one newspaper in the cities of Indianapolis, Louisville, in the State of Kentucky, and in New Orleans, in the State of Louisiana. (23) 4588. Building^S and repairs. The board of trustees shall annually appoint a committee of its body to examine the University buildings and grounds adjacent,, who shall report the liind and cost of repairs, if any are needed ; and one of the members of the faculty shall be appointed to take care of such buildings and grounds. (24) 4589. Normal department. Such trustees shall estab- lish a normal department for instruction in the theory and practice of teaching, free of charge to such young persons, male and female, resi- dents of the State, as may desire to qualify themselves as teachers of 168 SCHOOL LAAV OV INDIANA. * common schools, witbiu the State, under such regulations as such board of trustees may make in regard to admitting to, kind, and time of de- livery of lectures in such department, and the granting of diplomas therein ; and such regulations shall be incorporated in the annual report of the trustees to the General Assembly. (25) 4590. Agricultural department. Such trustees shall also establish an agricultural department in such University, under proper regulations, which shall likewise be set forth in their annual report. (26) [1857. p. 130. Approved March 7, 1857, and in force August 24, 1857.] 4591. Scholarships transferable. All scholarships in the State University, issued for or founded upon subscription moneys paid by individuals toward the construction of the University buildings, or any of them, or the right to use said scholarships for any session or sessions of the college year in said institution, may be transferred or sold by the holders thereof for a valuable consideration. (1) [1861 8., p. 89. Approved and in force May 31, 1861.J 4592. Perpetual scholarships. The contingent fee on perpetual scholarships, issued by the trustees of the State University, shall not be more than one dollar per session : Provided, That the trus- tees are hereby authorized to purchase said scholarships whenever, in their opinion, it is for the best interests of the University, at not more than ninety cents to the dollar, by giving notice in some newspaper pub- lished in the town of Bloomington, that they are ready to purchase said scholarships ; and, after the date of such notice, no person shall be en- titled to any benefits under the provisions of said scholarships, except to sell the same, as is provided in this Act. (1) [1801 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 4593. Library. The State Librarian is directed to transfer fj'om the State Library to the Library of the Indiana University a com. plete set of Journals of both Houses of the Legislature, a copy of all laws enacted since the organization of the State, and of all reports from the several departments of State, and of those received from other States and from the general government, together with all other books and documents of which there are duplicates now in the State Library or i^hall be hereafter received : Provided, That such books and documents can be spared without injury to the State Library, and that such trans- fer be maid in by the State is sold on a credit, on the execution and delivery of a note and mortgage for the proper amount, as in other cases required, the purchaser shall be entitled to a deed for the same, to be made as pre- scribed in the preceding section ; and the transaction shall be entered, and appear upon the Auditor's and Treasurer's books as a payment of the sum bid, and a re-loan of the same to the purchaser, and the proper receipts and warrants shall pass therefor. (50) 4618. Fees and damages. For the services of the Audi- tor and Treasurer in conducting such sales, they shall be entitled to re- ceive five per cent, damages, chargeable on such sales. (51) 4619. Accounts— Reports. The Auditor and Treasurer shall keep fair and regular entries of the sums received and paid out on account of said fund, and shall include the same in their annual re- ports. (52) SCHOOL LAW OF INDIANA. 173 4620. Accounts with borrowers. In addition thereto, the Auditor shall keep fair and regular accounts with the borrowers of said fund, and shall report the names of borrowers with his annual re- port. (53) 4621. Interest, when loaned. Should any interest re main on hand, not wanted for the use of the University, the same may be loaned as other funds. (54) 4622. Unsold lands. The care and disposition of the lands belonging to and for the use of said University, remaining unsold or unpaid for, shall be vested in the present commissioners of the reserved townships in the counties in which such lands may lie, who shall sell such as remain unsold, and such as are forfeited for non-payment, on such terms and under such regulations as the Board of Trustees of such University may provide ; except that, in every instance, the interest on the purchase-money must be paid in advance. No purchaser, his heirs or assigns shall have the right to cut down or destroy timber standing upon such land, other than for the erection of fences and buildings thereon, or for fire-wood t be used on the premises, and in fairly im- proving it for cultivation. (55) 4621. Certificates of payment— Patent. On the first payment for any such land being made, the proper commissioner shall execute to the purchaser a certificate therefor ; and on final payment, the original certificate shall be surrendered to the commissioner, and by him filed away, and he shall give to the purchaser tAvo final certificates, stating the whole amount of principal and the whole amount of interest paid, one of which certificates shall be forwarded to the Auditor of State ; and on presentation of the other to the Auditor of State, if in all things correct, he shall countersign the same, which shall entitle the owner to a patent, to be issued by the Governor for the land so paid for. (56) 4624. Leases. Such commissioners may, from time to time, lease any such unsold improved land for a term not exceeding one year, until the same can be sold ; and such leases shall be guarded against trespass and waste by proper covenants. (57) 4625. Commissioners' report. Such commissioners shall make an annual report to the Board of Trustees of the lands re- maining unsold, such as are forfeited, such as are not fully paid for, the amount due, and money collected from sale, as interest or principal ; which report shall be subscribed and sworn to by such commissioners, respectively, and be incorporated in the annual report of such Boaril to the General Assembly, (58) 174 SCHOOL LAW OP INDIANA. 4626. Commissioners' duty. Money collected by such commissioners shall be paid over to the Treasurer of the Board, who shall execute to such commissiouers two receipts therefor, each specify- ing the persons from whom such money was collected, and the amount thereof, whether for interest or principal ; one of which receipts shall be immediately forwarded to the Auditor of State, to be by him used iu his settlement with such Treasurer. (59) 4627. Pay of commissioners. Such Board shall regu- late the compensation of such commissioners. (60) 4628. Patents, and recording. Patents for lands sold shall be made by the Governor, and recorded iu the office of the Secre- tary of State. (61) [1855, p. 201. Approved and in force March 3, 1855.] 4629. Pay for managing fund. The Auditor of State and the Treasurer of State, for the management of the University Fund, shall be, jointly, entitled to receive five per centum upon the in- terest paid in on such fund ; and it shall not be lawful for them, or either of them, to make any other charges against the same. (7) 4630. Extension of payments. The time for the final payments to be made by the holders of original certificates for the pur- chase of lands reserved and granted to the State University of Indiana, in the case of all such certificates as have heretofore been issued and are now outstanding, shall be extended for the further term of three years from the time when the same may respectively fall due. (8) 4631. Forfeiture, how prevented. Any and all hold- ers of such certificates, as aforesaid, who have forfeited such lands by the non-payment of interest on the purchase money, shall be exempted and released from such forfeiture b)?" paying to the commissioners of isuch lands, on or before the first day of August, in the year 1855, all inter- est due on the same, together with the interest upon the amount due at the time of such forfeiture up to the time of said payment ; and upon such payment being made in the manner, and within the time herein specified, the holder of such certificate shall have the same rights under it as if such forfeiture had never occurred. (9) 4632. Forfeited lands. If any portion of said lands BOW forfeited shall not have been redeemed on the said first day of August next, as provided in the preceding section, it shall be the duty of the commissioners of such reserved lands to sell the .same for the best price they can obtain, not less than the original purchase price, allowing the SOHOOI. LAW OF INDIANA. 175 purchaser a credit on Uie same as now provided by law. If any of such lands shall hereafter be forfeited, it shall be the duty of such commis- sioners, if the same be not redeemed within six months from the time of such forfeiture, to sell the same on the terms in this section above pro- vided. For their services in eftecting such sales, the Commissioners shall be entitled to retain, out of the first money received from the purchasers, five per cent, upon the amount of the purchase price of such lands. (10) [1859, p. 2:M. Approved and in force March 2, 1859.1 4633. Appraisement of lands. The Board of Trustees of the Indiana University shall cause to be appraised the land granted by the United States to the State of Indiana for the use of the said University. (1) 4634. Where filed and recorded. It shall be the duty of the said Trustees, when the said appraisement shall have been made, to record the same upon their books, and to file a copy of the same in the office of the Auditor of State, to be, by said Auditor, recorded in his office ; and, also, to file copies of such appraisements of the lands in the respective counties in the office of the Auditor of the county where the lands are situate, to be by said County Auditor recorded. (2) 4635. Duty of County Auditors. The Auditor of each of the said counties shall, upon said appraisements being filed as afore- said, and when required so to do by the said Board of Trustees, offer for sale so much of the said lands as may be within their respective counties at public auction, in the manner hereinafter mentioned. (3) 4636. Notice of sale. Notice of the time, place, and con. ditions of such sale shall be given by publication, for four weeks suc- cessively in a newspaper published in such county, if any there be ; if not, in a newspaper in this State published nearest thereto, and also by posting up written or printed notices thereof in three of the most public places in the township in which the lands are situated, and a like notice at the court house door at the county seat. (4) 4637. Sale. The place of sale for said lands shall be at the court house in each county of this State in which the said lands may be situated ; and it shall be the duty of the County Auditor to attend at the court house of his county at the time mentioned in the notice of the sale of said lands, and offer for sale at public auction, in legal subdi- visions, and as near as practicable in half-quarter sections, all the lands lying within his county; and, for that purpose, he shall continue the sale from day to day, until all of the said lands shall have been offered for sale. ("5") 176 i^CHOOL LAW OF INDlAiNA. 4638. Terms of sale. The tsaid laudis shall be offered for sale at the time and place mentioned in such publication, and struck off to the highest bidder by said County Auditor and County Treasurer, for a price not less than the appraised value thereof — one-fourth of the pur- chase money to be paid in hand, and the remaining three-fourths at the expiration of ten years from the date of such sale, with interest annually in advance, at the rate of seven per cent, per annum, upon the residue or deferred payment. (G) 4639. Private entry. When any of said lands, offered at public sale as aforesaid, shall remain unsold, they shall be subject to private entry with the County Auditor and County Treasurer of each county, upon the same terms and conditions as lands sold at public auc- tion, for a sum not less than the appraised value thereof, by any person applying to enter the same. (7) 4640. Certificate of purchase. When any sale shall be effected, either at public or private sale as aforesaid, the County Auditor shall give to the purchaser thereof a certificate, signed by him officially, bearing date on the day of sale, stating therein the name of the purchaser, the tract or tracts of land purchased by him, the number of acres contained in said tract or tracts, the price per acre, and the whole sum for which the same Avas sold, the amount of principal paid, and the amount of interest paid in advance. (8) 4641. Certificate to be registered. Said certificate shall be registered by the County Auditor in a book provided for that purpose, by entering in said book a correct copy thereof. (9) 4642. Certificate assignable. Said certificates of entry shall be evidence of title to the land therein mentioned in the persons in whose names they shall issue, or their assigns, and shall be assignable, provided such assignments be acknowledged before the Auditor of the county wherein the land is situated (who is hereby authorized to take such acknowledgments), and recorded by said Auditor in a book to be kept by him for that purpose ; for which service the said Auditor shall be entitled to receive a fee of fifty cents, to be paid by the assignor of such certificate. (10) 4643. Forfeiture. On failure of any purchaser to pay any installment of interest on said deferred payment of purchase money Avhen the same becomes due, the contract shall become forfeited, and the land shall immediately revert to the State for the use of said Uni- versity, and the County Auditor shall forthwith proceed to sell the same in the manner and on the terms hereinbefore specified for said public sales. (11) SCHOOL LAW OF IXBIAxXA, 177 4644-. Surplus. If, on such subsequent sale, such lands shall produce more than is sufficient to pay the sum owing therefor, with in- terest and costs, and five per cent damages upon the amount due on such lands, the surplus shall, when collected, be paid over to the purchaser so forfeiting or his legal representative. (12) 4645. Forfeiture, how prevented. At any time be- fore such subsequent sale, payment of the sum due, with interest for the delay, and all costs, together with two per cent, damages upon the amount due on such lands, shall prevent such sale and revive the original contract. (13) 4646. Land, how redeemed. The former ov.ner of any lands sold as delinquent, his heirs, executors, or administrators, may, at any time within one year after such re-sale, redeem the same, by paying to the purchaser, his heirs or assigns, or to the County Treasurer, for him or them, the amount of purchase money paid by such purchaser, together with all subsequent payments, either of principal or interest, which such purchaser, or those claiming under him, may have made thereon, with interest at the rate of ten per cent, per annum. (14) 4647. Security. The Board of Trustees may require security from the purchaser at any of said sales, suflBcient to prevent any waste being committed upon the lands by the removal of timber therefrom, or otherwise. (15) 4648. Suit for waste, lu case of any forfeiture as afore- said, the purchaser so forfeiting shall be liable, and may be sued, for un- necessary injury or waste done to such land, and damages to double the amount of such injury or waste recovered therefor — such suit to be be- gun and prosecuted by the Auditor of the county where the land lies, in the name of the State of Indiana, for the use of the said University. (16) 4649. Patent, on full payment. On full payment being made for any such land, the County Auditor shall issue to the purchaser, or his assignee, a final certificate therefor ; which, upon pres- entation to the Auditor of State, shall entitle the owner thereof to a patent for the land described therein, to be issued by the Governor and recorded in the office of the Secretary of State. (17) By an Act of 1 889 the Trustees were authorized to sell certain lauds in Eing- gold County, Icwa, owned by the University, and to execute a deed therefor. Acts 1889, p. 255. 4650. Auditor's report. The County Auditor shall make, on the first Monday of each month, a report of his sales of said lands to 12— ScH. Law. 178 SCHOOL LAW OF INDIANA. the secretary of the board of trustees and to the Auditor of State, showing the date of sale, the description of the lands sold from time to time, the number of acres, the price per acre, the total amount each tract sold for, the amount of principal paid and the amount of interest paid, and of all forfeitures, re-sales, and redemptions thereof. (18) 4651. Treasurer's report. The County Treasurer shal] make a report, on the first Monday of each month, to the treasurer of the board of trustees of the University and to the Treasurer of State, of all moneys received by him, whether principal or interest, on account of such lands ; and the said board of trustees shall require the books of their secretrary and treasurer to be so kept as to exhibit the true condi- tion of the accounts of all such purchases and sales of the said lands. (19) 4652. To pay money to State Treasurer. The County Treasurer shall, on the first Monday of each month, pay over to the Treasurer of State all sums received on account of the principal of the jiurchase money of said lands, and shall pay to the treasurer of the board of trustees of the University all sums received on account of the interest upon the purchase money of the said lands. (20) 4653. Pay of Auditor and Treasurer. The several County Auditors and Ti'easurers shall receive for their services the same compensation which may, from time to time, be allowed by law for simi- lar services in relation to the sale of common school lands, which shall be in full for all their services required by this Act. (21) 4654. Loans. The Auditor of State shall loan out the said principal of the moneys received from the several County Treasurers on account of said sales, in the same manner, and requiring the same se- curit}^, as other portions of the University fund is now or may hereafter be required by law to be loaned out, and shall pay over to the treasurer of the board of trustees the interest derived from said principal, as a pai't of the income of the University. The said Auditor of State shall, in his annual report to the Legislature, report the names of the borrow- ers of the whole of the University fund, the amount borrowed by each, and the total amount on loan at the date thereof, and the amount of the suspended debt, if any, and in whose name forfeited. (22) 4655. Disposition of proceeds. Of the first proceeds of said sum, the said board of trustees shall be entitled to receive an amount equal to the amount of interest belonging to the University and loaned out as principal by the Auditor of State, as shown by the report of that officer to the Greneral Assembly at the session of 1851-2 ; which shall be paid to the treasurer of the board of trustees of the University, SCHOOL LAW OF INDIANA. 179 and be applied, under the order of the board of trustees, to the discharge of the debts growing out of the rebuilding of the University, and to the purchase of a suitable library, philosophical apparatus therefor, or proper furniture, in place of those destroyed by the burning of the Univerpity. (23) 4656. Report of sales. The board of trustees shall, in tlieir annual report, include a full statement of the amount of the sales of such lands, and the application of the funds received therefor, as re- ported to them from time to time. (24) 4657. One Trustee to attend sales. One member of the board of trustees, to be designated by the board, shall attend to the public sales of the said lands, to prevent combinations injurious to the interests of the University ; and he shall have power to withdraw the said lands, or any portion thereof, from sale, when, in his judgment, the interests of the University would he thereby promoted, and shall have the power and right to designate and determine in what sub-divisions any of the said lands maybe sold, at tlie time of said public sale, .for the best interests of the said University. (25) 4658. No member to deal in the lands-. No mem- ber of the board of trustees of the University shall, either directly or in- directly, become the purchaser of any such lands at any sale made by the County Auditor, or by private entry with the Auditor .after any forfeit- ure of purchase ; and any sale made to any member of the said board, contrary to the provisions of this section, shall be absolutely void, and the purchase money, and interest which may have been paid thereon, shall be forfeited to the University fund. (26) 4659. Trustees to get information. The commis: sioners of the University lands in Gibson and Monroe counties, and the several County Auditors and Treasurers of the counties in which any of the University lands are situated, shall furnish such information in rela- tion to the lands and other property of the University, as may, from time to time, be required of them by the said board of trustees, and shall report, annually, the amount of unpaid pui'chase money due on the lands sold for the use of the said University in each of their counties.' (27) [1867, p. 20. Approved and in force March 8, 1867.] 4660. Annual appropriation. There shall be appro- priated, out of the (State Treasury, the sura of eight thousand dollars annually hereafter, to be paid semi-annually, commencing on the thirty- first day of March, 1867. The same shall be paid out of said Treasury, 180 SCHOOL LAW 01' II^DIANA. upou the warrants of the Auditor of said State, as the interest upon said University fund is now paid out. (1) [187.">, i>. 17. Appi-oved srud in forca February 19, 1873.] 4661. Annual a.ppropriation. There shall be appro- priated, out of the State Treasury, fifteen thousand dollars annually hereafter for the use of said ludiaua University, additional to the amount appropriated therefor by the Act of March 8, 18(37, to be paid semi- annually, commencing on the thirtieth day of September, 1872. The money hereby appropriated shall be paid out of said Treasury, upon the warrants of the Auditor of State, as the interest upon the said Uni- versity fund is now paid out. (1) PURDUE UNIVERSITY. [1865, p. 106. Approved and in t'orcu March 6, 1S65.] 4662. Agricultural college scrip. The State of Indi- ana accepts and claims the benefits of the provisions of the Acts of Congress, approved July 2, 1862, and April 14, 1864, and assents to all the conditions and provi;-ious in said Acts contained. (1) 1. The Acts of Cougress referred to in lliis section will be found in the Acts of 1865 (p. 106), yet out at length in the preamble. 4663. The first Trustees, and original name. The Governor of this State, for the time being, and Alfred Pollard of Gibson, Smith Vawter of Jennings, Henry Taylor of Tippecanoe, and Lewis Burk of Wayne, and their successors, are created a body corpo- rate, under the name of "The Trustees of the Indiana Agricultural College." (2) 4664. Sale and investment of scrip. Said Trustees shall, by the hand of their treasurer, claim and receive from the Secre- tary of the Interior the land scrip to which this State is entitled by the provisions of said Acts of Congress; and, under their direction, said treasurer shall sell the same, in such manner and at such times as shall be most advantageous to the State, and shall invest the proceeds thereof, and any interest that may accrue thereon, in the stocks of the United States or of this State yielding not less than five per centum per annum upon the par value of the stocks ; and said principal and interest shall continue to be so invested, until further provision shall be made by the General Assembly of this State for fulfilling the requirements of said Acts of Congress. (5) ' SCHOOL LAW OF INDIANA. 181 [1869 S., p. 24. Approved and in force May 6, 1869.] 4665. Donations accepted. The donation ofif'ered by John Purdue, as set forth and communicated to the present General Assembly in the message of the Governor, on the sixteenth day of April, 1869, and the donations oll'ered by the county of Tippecanoe, the trustees of the Battle-Ground Institute, and the trustees of the Battle- Ground Institute of the Methodist Episcopal Church, as set forth and communicated to the General Assembly, at its last session, in the mes- sage of the Governor, of the twenty-seventh day of January, 1869, are hereby accepted by the State of Indiana. (I) 4666. Location. The college contemplated and provided by the Act of Congress, approved July 2, 1862, entitled "An Act donating public lands to the several States and Territories which may provide Colleges for the benefit of Agriculture and the Mechanic Arts," is hereby located in Tippecanoe County, at such point as may be deter- mined before the first day of January, 1870, by a majority vote of the trustees of the Indiana Agricultural College ; and the faith of the State is hereby pledged that the location so made shall be permanent. (2) 4667. Purdue University— Pernnanent name. In consideration of said donation bj' John Purdue, amounting to one hun- dred and fifty thousand dollars, and of the further donation of one hundred acres of land appurtenant to the institution, and on condition that the same be made effectual, the said institution, from and after the date of its location as aforesaid, shall iiave the name and style of "Purdue University"; and the faith of the State is hereby pledged that said name and style shall be the permanent designation of said institution, without addition thereto or modification thereof. (3) 4668. Corporate name— Powers and duties of Trustees. From and after the date of the location made as afore- said, the corporate name of the trustees of the Indiana Agricultural College shall be ' ' The Trustees of Purdue University ' ' ; and they shall take in charge, have, hold, possess, and manage, all and singular, the property and moneys comprehended in said donations, as also the fund derived from the sale of the land scrip donated under said Acts of Con- gress, and the increase thereof, and all moneys or other property which may hereafter at any time be donated to and for the use of said institu- tion. They shall also have power to organize said University in con- formity with the purposes set forth in said Acts of Congress, holding 182 SCHOOL LAW OF INDIANA. their meetings at such times and places as they may agree on, a majority of their number constituting a quorum. They shall provide a seal ; have power to elect all professors and teachers, removable at their pleas- ure ; fix and regulate compensations ; do all acts necessary and expe- dient to put and keep said University in operation ; and make all ])y-laws, rules, and regulations required or proper to conduct and man- age the same. (4) 4669. Privileges of John Purdue. In further con- sideration of his said donation, John Purdue shall, from and after the taking effect of this act, be added as a member of said Trustees of the Indiana Agricultural College, and he shall also be a member of said Trustees of Purdue University. Should he, at any time, cease to be such member, he shall be continued as an advisory member of said trustees ; and he shall, during his lifetime, have visitorial power, for the purpose of inspecting the property, real and personal, of said Univer- sity, recommending to the trustees such measures as he may deem neces- sary for the good of the University, and investigating the financial con- cerns of the corporation. And he is authorized to make report of his examination, inspection, and inquiries, to the General Assembly, at any session thereof. ('5) 4670. Amendment or repeal. This act shall be subject to future amendment or repeal, except so far as it provides for the ac- ceptance of donations, the location of the college, the name and style thereof, and the rights and privileges conferred upon John Purdue. (6j [1876, ]). 120.. Approved March 9, 1875, and in forr-e August 24, 1875.1 4671. Appointment of Trustees. Upon the taking effect of this act. it shall be the duty of the Governor of this State to appoint six trustees for the Purdue University, two of whom shall l)e nominated by the State Board of Agriculture, one by the State Board of Horticulture, and three selected by the Governor himself — each of said trustees to be appointed from a different congressional district from the others, except that two may be appointed from the same congres- sional district in which said University is situate. ( 1 ) 4672- Term of office. The persons so appointed shall con- tititute the Board of Trustees of said University, and shall hold their offices as follows : Two members of the first Board shall hold their offices for one year and until their successors are appointed ; two for two years, and two for three years ; and at the expir?i,tion of the term of office of SCllodL ].AW (IF INDIANA. 1 So any of the members of the fir^t or auy subtsequeiit Bouk!, their .succes- sors shall be appointed in like manner, and with like nomination, as pro- vided in this Act, to hold their offices for the term of three years, and until their successors are appointed. (2) 4673. Vacancies, how filled. If, from any cause, a va- cancy occur in said Board, the same shall be filled, by appointment, to fill the unexpired term, the person appointed to fill such vacancy being nominated and appointed, or appointed, in the same manner as his pre- decessor had been at the commencement of such term. (3) [1891. p. 34. Approved and in force February '2ft. 1891.] 4674. Officers- Treasurers' bond and duties. Said Trustees shall, at their first meeting after their appointment, and every two years thereafter, choose a president of said Board ; and they shall, at such meeting, and every two years thereafter, and whenever a vacancy occurs, elect, by ballot, a secretary and treasurer, neither of whom shall be a member of the Board, whose compensation shall be fixed by the Trustees. The said treasurer shall give such bond to the State of Indiana, in any sum not less than fifty thousand dollars, for the faithful execution of his trust, with sufficient sureties as said Trus- tees may require ; and he shall receive, take charge of, and, under the direction of said Trustees, manage all [the] stocks and funds belonging to said University. (4) [1877 S., p. 60. Approved and in forfe March 12, 1877.] 4675. County students. The Board of Commissioners of each county in this State may appoint, in such manner as it may choose, two students, or scholars, to Purdue University, who shall be entitled to enter, remain, and receive instruction in the same, upon the same conditions, qualifications and regulations prescribed for other applicants for admission to, or scholars in, said University : Provided, however. That every student admitted to said University by appointment, by vir- tue of this Act, shall in nowise be chargeable for room, light, heat, water, tuition, janitor or matriculation fees ; and said student shall be entitled, in the order of admittance, to any room in the University then vacant and designed for the habitation or occupancy of a student ; and such student so admitted shall have prior right to any such room, sul)- ject to the rules of the University, over any student not appointed and admitted as aforesaid. (1) ^k't'Lt-A 184 SCHOOL LAW OF TXr»[.\XA. 4676. Students, ^o more than two students at the same time from any one county shall be entitled to admittance to said Uni- versity, under the provisions of this Act. But the Board of Commis- sioners of each county may, from time to time, appoint, as aforesaid, to any vacancy in its appointments. (2) L1881 S., p. 58.5. Approved and in force April 14, 188L] 4677. Investment of fund. The Trustees of Purdue University, by their treasurer, are hereby authorized, on or after the first day of April, 1881, to surrender to the Treasurer of State the bond executed to said University by the State of Indiana, bearing date April 1, 1878, and payable, in the sum of two hundred thousand dollars, on April 1, 1881 ; and a like bond executed by the State to said Univer- sity, dated April 1, 1879, and payable, in the sum of one hundred and twenty-five thousand dollars, on April 1, 1884; and also to pay, out of the proceeds of the United States five per cent, bonds now held by said University (which said Trustees are hereby empowered to sell), the sum of fifteen thousand dollars to said Treasurer of State ; who, thereupon, is hereby directed to issue and deliver to said treasurer of Purdue Uni- versity a non-negotiable bond of the State of Indiana, to be signed by the Governor and State Treasurer, and attested by the Secretary of State and the State seal (the same to be dated April 1, 1881, and paya- ble, twenty years after its date, to the Trustees of Purdue University and their successors, with interest at the rate of five per cent, per an- num, payable quarterly after date of the bond), all for the use of Pur- due University — said bonds surrendered, and fifteen thousand dollars paid, constituting the endowment fund of said University derived from the gift of the United States. (1) 11889, p. a^L Approved lication of school funds . . ... n. 11, 4325 Approval ol' bond n. 1 , 44"J1 Convevuuee of f^ciujol-iiouse, n. 1, 4508 Deliverv of books tu yuccessor, n. (J, 4i41 Jilk'ctiou of Trustet'y compelled by .... nil, 4<.39 Location of school-lionse . . n. 4, 4 i99 Paviueni of cluiuis cnfo.rcGd by. . . n. 7,4!42 Kecords, delivery of, ri. 11, 4439; n. 15, 4424 Tuition, application of secured hy . " n. 2, 4471 Manual training sc'nooL^, cstab- lisiinient of . . .... 4447d Kegulation concerning .... 4447e Tax to support 4447f Teau.liers for . 4447e Maps, contracts for are valid, n. 12, 4444 County Board of Education considers 4436 Mueliauic's lien, can not be ac- quired on school house. 102 Ind. 223 Meetings, additional branches de- termined at 4499 Annual, held 4498 Cities and towns have none . n. 1, 4499 Directors elected at . . 4498 Election of teachers at. . . n. 2, 4444 How called . ... 4498 In cities and towns n. 8, 4501 Legality of, how settled 4499 Location of school houses . n. 4, 4499 Notice of. 4499 Petitions of, to Trustees 4499 Protest against teacher. n. 4, 4501 Eepairs to school house, directs 4499 School hou.se, may ask for . 4499 Studies, determined hy . . 4499 Voters at. . . 4498; n. 1, 4198; 4499 Mileage of Countv Superintend- ent . . " n. 1, 4433 State Board of Education . . 4423 Minor, employment of as a teacher n. 3, 4501 Residence of • . . . n. 2, 4472 Wlien of age . ■ n. 1, 4472 Misapplication of funds, who liable. . . n. 10, 4441 ; n. 5, 4442 Miscellaneous school fund, how kept 4403 Distribution of - - . 4404 Penalty against Auditor as to . 4405 Mistake, correcting in Trustee's accounts 4456; n. 5, 4441 SEC Money, conversion by school offi- cer n. 3, 44'*») Title to n. 2, 44^0 Month, length of 44'tT5 iVIortgage, action to cancel . . n. 3, 4381 Appropriation for deficiency . 4394b Assign ment to s u b s e (j u e n t mortgagee .... n. 2, 43.li5 Canceling n. 5, 4385 Description of land . . . n. 3, 4385 Form. .... 4385 Fund specified in 4402 Failure to specify in. . . n. 1, 4384 Indorsement upon . . 4389 Interest, rate on after maturitv, n. 12, 4392 Lien of, prior to tax lien . . n. 3, 4380 Merger of n. 2, 4^83 Payment, release without. . n. 2, 4389 Presumption as to ownership of land n. 4,438 1 Priority of 4380 Reappraisement of lands bid in. 4394a Recorded, when so considered, ^^380 ; n. 1, 4381 Registry of . n. 2, 4380 Release without payment . n. 2, 4389 Satisfaction, entry upon h. 1, 4389 Subrogation of purchase under, n. 6, 4395 Suit on note, effect . . . n. 2, 4394 Tax title, superior to, n. 4, 4383 ; n. 3, 4380 Taxes on land bid in n. 3, 4394 Void, when. n. 2, 4334 ; n. 1, 4370 Wife's signature n. 1, 4385 See Loan. Music may be taught, n. 7, 4496 ; n. 6, 4497 N. Neglect of duty by Trustee, pen- alty 4452 Night schools ....... 4447b .Vge of pupils . . . 4447c Non-residents, admission to schools, n. 3, 4472 ; n. 4, 4490 Payment of tuition tax . . n. 4, 4490 Normal. See State Normal. Notes in borrowing school fund . 4386 Fund specified in 4402 Sufficiency n. 1, 4386 Notes, authority to execute, n. 10, 14, 4437 Bank deposits n. 3, 4437 City may execute . . n. 10, 4438 Can not give for county semi- nary . . n. 7, 4138 Executed by Trustee without authority 4438q SCHOOL LAW OF INDIANA. 213 SEC. Notes, power to give . . . . n. 8, 4441 ; n. 19, 20, 4444 School comoiissloEerri may give, n. 2, 5, _ Xj Void, M'hcn n. 12, 4437 Notice of sale of land 4315 To teachers of institute . . n. 1, 4520 Numbering school houses. . . . 4494 O. Oaths, administering . . . . n. 1, 4539 Of applicant for a loan. . . . 4376 School oHicer may ...... 4539 Officers, women may be. . . . 4540 Oil lease is an incumbrance on land . n. 1, 4375 ''"'pinions, Countv Superintendent gives ..." 4429 State Superintendent gives, • . 4408 ; n. 2, 3, 4408 P. Patrons of school, petition of . . 4499 Protest against teacher . n. 4, 4501 Selecting teachers, not author- ized to make . . . n. 2, 4444 Pay of City or Town Superintend- ents n. 1, 4445 County Superintendent, . . . 4433 State Board of Education. - . 4423 Payments to school fund, failure to make 4355 Auditor of State pays to county 4484 Indorsement on certificate . 4362, 4389 Quietus for .... 4361, n. 11, 4392 To whom made 4361 Pauper. See Poor. Penalties, Auditor failing to re- port . . ... 4481 County Superintendent fail- ing to report 4431 Trustee, corrupt interest in contract. n. 13, 4444 Embezzlement .... n. 3, 4442 Failure to report 4450 To serve 4453 Neglect of duty 4452 Petition of patrons 4499 To sell land 4339, 4366 Poor children, books for ■ . . 4496a County Commissioners provide for 4496b Enumeration of ... • n. 1, 4496a Matrons of orphan asylums, duties of 4496a Principals of schools, licensing n. 18, 4425 Private schools, public funds can uot be used for .... n. 4, 4509 SEC. Report concerning . . n. 1, 2, 4509 School-house, used for .... 4509 Process, hov/ served 4536 Professional license 4425 Property, title to . . - n. 12, 4438; 4508 Sale of without, effect of . . . 4367 Trustees use for 4444 Sells, when ,. 4511 Prosecuting Attorney, action for injunction, brings. . n. 2, 4346 Investigates failure of litle . . 4367 Sues Auditor 4405 Suits, brings 4413 Protest against teacher .... 4501 Opportunity for n. 4, 4501 Pupil, autliority of teacher over, n. 3, 4, 4505 Corporal punishment of . . n. 6, 4501 Detention alter school hours n. 27. 4444 E.xpulsion of . . n. 1 to 4, 4504 ; 4505; n. ] . 4506 Punisliment of - . n. 1, n. 6, 4501 Refractory, expelling . . - n. 1, 4505 Truant, expelling . . . . n. 2( 4505 Purcha.se of laud, certificate of . . 4353, 4365 Rights of persons making. . . 4354 Purdue University — Agricultural College, scrip for. 4662 Amendment or repeal of law, as to 4670 • Donations to 4665 Funds of, how invested. . . . 4677 Donations by 4665 Purdue, John, privileges of . . 4669 Location of . 4666 Name, corpoi ate, of . 4667, 4668 President, appointment of ■ 4674 Member of State Board of Education ... • . 4420 Scrip, sale and investment of . 4664 Secretary, appointment of. . - 4674 State Chemist, Prof, of Chem- istry in ■ . 4898 Students, County Commission- ers appoint two 4675 Nunjber, limited 4676 Privileges allowed 4675 Treasurer; appointment of . . 4674 Bond and duties of . • - 4674 .Trustees, appointment of . 4663, 4671 Term of office ..... 4672 Vacancies, how filled. . . - 4673 Questions for examination, how prepared n. 1, 4421 Traffic in. . . 4421a 214 SCHOOL LAW OF INDIANA. Quieting title, when can not be received . n. 11, •^392 Quietus, Auditor issues 4361; n. 11, 4392 Repayment of loan. . '. . . . 4388 E. Eaces, no discrimination between allowed. 4466 Eeal estate, title to in scliool cor- poration 4508 Keappraisement of lands bid in . 4394a Keceipts, record of kept by Trus- tee .. . 4441, 4442 Record, appeals. . n. 1, 4537; n. 1, 4538 County Board of Education . n. 2, 4436 County Superintendent. . . . 4428 Deed 4395 Examination by County Su- perintendent 4435 Mortgage 4380 Receipts 4441, 4442 Sale of lands 4340 School Commissioners .... 4462 Trustees . . 4442 State Board of Education. . . 4420 Transfers. . ■ n. 6, 4473 Recorder, fees for making loans . 4382 Redemption of forfeited lands, n, 5, 4347 Junior incumbrances can not . n, 8, 4392 Sale of school land . . n. 5, 4347 Refractory pupil. See pupil. Relator, Attorney-General may _ be . . . . n. 3, 4326 Religious belief not a subject of inquiry . n. 2, 4493 Removal of County Superin- tendent . 4424 Director 4498 Scholar 4505 School house 4499 Teacher 4501 Trustee. 4456 Rents, deduction from tuition fund 4328 How paid 4329 Liability of county for . . 184 to 186 Payable in advance 4329 Report concerning 4328 Repairs, voters direct 4499 See Houses. Reports (of County Auditor) — Auditor to State Superintendent 4478 Contents of ... 4479 Failure to make . 4404, 4481 Concerning school funds . . . 4398 County Commigsipjjers exaruine 4399 SEC. Division of funds of divided township 4336 Natties of Trustee and County Superintendent. . 4424, 4440 Revenue for apjjortionment, 4478, 4479, 4486 Reports {of County Commissioners) — Condition of funds 4400 Recorded. ...... 4401 Reports ( of County Superintendent) — Annual. ....... 4471 Apportionment ... 4432 Basis of Apportionment 4432 Contents . . 4431 Enumeration 4431 Financial and statistical . . . 4450 License granted . 4429 Statistical 4431 Transfers 4468 Reports {of State Superintendent) — To Governor 4408 To Legislature 4410 May require reports of officers 4414 Reports [of teachers) — Contents 4449 Must make . . . 4449 Penalty for not making . . . 4449 Private school. .... 4509 Reports (of trant-fers) — Must be made 4473 Reports (o/ Trustees)— Annual 4443 Contents ... . . 4441 Copy filed with County Super- intendent .... 4441 County Commissioners exam- ine 4399; n. 12, 4441 Enumeration . 4475, 4476 Financial and statistical . 4441, 4450 Income of lands . . 4328 Penalty for failure to make . 4451 School land . . .... 4328 To County Superintendent . 4450 Re-sale of forfeited lands . . n. 1, 4347; 4344 Residence of County Superintend- ent .... ii. 6, 4424; n. 1, 4540 Children enumerated . n. 2, 3, 7, 4472 City or town school trustee . n. 4, 4439 Resignation of teacher. . . . n. 8, 4444 Trustee . . n. 3, 4 139 Revenues, accounted for by Trus- tee .. . 4441 Anticipating 4442; n. 1, 4470; n. 8.4441 Apportionment. See Appor- tionment. Distribution of, to counties . . 4484 Division on formation of town D. 4, 4438 ; n. 2, 450§ SCHOOL LAW OF INDIANA. 215 Revenues, division between city and township. ... n. 8, 4438 Dog fund. See Dog Fund. Equalization of State's, con- stituted . n. 3, 4328; n. 1, 4486 Lands of surplus fund, how sold 4368 Local tuition, how applied . 4469, 4470 Special school 4467 State's, how paid . . . n. 2, 4325 Sui-plus, special school . . 4447, 4492 Tuition revenue . . n. 2, 4442 Use of State's n. 2, 4442 Revocation of teacher's license. See License. Rules and regulations, adoption of. . . n. 24, 4444, 4460 ; n. 1, 4501 S. Sale of mortgaged lands .... 4392 Amount due, sale for more than . n. 7, 4392 Appraisement, more than one n. 2, 10, 4392 Appropriation to meet deticiency, 4394b Amount, sale for more than due n. 4, 4393 Bid in bv Auditor, when . 4393; n. 3, 4393 Cash, sale is for n. 1, 4393 Construction of statute n. 6, 4392 Credit, when can only be made upon 4393 Deed for 4395 When unnecessary 4397 Division of lands sold . . n. 9, 4392 Duty of Auditor in making, n. 3, 4393 Law governing n. 1, 4383 Manner of making . . . 4392 Merger of mortgages in . . n. 2, 4383 Notice of n. 1, 3, 4391 Offer n. 3, 4393 Parcels, sale of n. 9, 4392 Payment of bid, to whom . n. 4, 4395 Portion, sold n. 5, 4392 Power to make n. 1 , 4392 Quieting title ... . n. 11, 4392 Eeappiaisement. . . 4352; n. 2, 4393 439^ a Record of deed 4395 Redemption, junior incum- brances can not n. 7, 4392 Regularity of n. 4, 4392 Reimbursing county. . . . n. 4, 4393 Several tracts, how sold . . n. 9, 4392 Statement and record of 4396, n. 1, 4396 SEC. Statute must be strictly fol- lowed . . . . n. 1, 4383 Subrogation of purchaser . n. 6, 4395 Suit for deficiency. . n. 4, 4390 Surplus . - . 4392 ; n. 2, 4393, 4394 ; n. 3, 4, 4347 Terms 4393 Title of purchaser not war- ranted. . . n. 3, 4383; n. 5, 4395 Wiien made. . . . . 4383 Sale of school lands 4345 Appraisement by Trustee. . . 4344 Reappraiseraent 4352 Auditor gives quietus .... 4361 Auditor and Treasurer con- ducts 4345 Ballots used in voting upon. . 4341 Board of County Commission- ers, orders . 4345 ; n. 1, 4345 Certificate of result of election . 4353 Purchase 4353, n. 1, 4360 Assignment . 4356 Defective ....... 4357 Purchase deed open .... 4357 Effect 4353 Lost 4360 Recording 4353 When delivered 4353 Deed, how executed 4365 Assignment of certificate . . 4367 Not executed until full pay- ment 4358 Recording 4363 When issued 4353, 4363 Election, as to .... 4339 to 4344 Estopped to claims, sale void . n. 1, 4454 Fees of Auditor and Treasurer. 4345 Forfeiture and resale .... 4347 Effect n. 4, 4347 How prevented 4347 How made 4345 Injunction to preserve timber . 4346 Legalized 4364, n. 1, 4364 Minimum price 4344 Notice of election, for .... 4339 Of sale 4345 Order for 4344, 4345 Over-plus n. 3, 4347 Payment made at any time . . 4359 Deferred, when reported . . 4346 Indorsement of, when 4362 Penaltv for failure to make . 4355 When made 4361 Petition for election .... 4339 Recording . ... 4340, 4366 Resale, not necessary, for. n, 3, 4344 Sale without election .... 4366 When necessary . . . . n. 2, 4339 Withdrawing venue from.u. 1, 4366 216 SCHOOL LAW OF INDIANA. SEC. Sale of school lands, possession after sale 4354 Private, by Auditor, when. 4351; n. 1, 4351 Purchase money is a loan, when 4358 Purchaser, possession by . . . 4354 Enjoined, when 4346 Rights of, if title fails . . . 4367 Waste, when liable for . . . 4349 Quietus. 4361 Receipt of purchase money. . 4361 Purchase money in full. . . 4362 Reappraisement 4394a Redemption n. 5, 4347 Re-sale, how made 4344 Surplus 4347 When made. .... 4347 Result of election, majority vote 4342 Rights of purchaser . . . 4354 Surplus revenue lands, of. . . 4368 Taxation of lands sold. . . . 4364 Terms of • ■ • ^346 Timbered lands, conditions as to 4346 Title, when complete 4365 Failure of procedure. . . . 4367 When vests in State. . . n. 1, 4344 Treasurer's and Auditor's duties 4345 Trustee's duties 4344 Vote, when necessary .... 4339 When not necessary .... 4366 Waste, suit for 4350 When Auditor may proceed. n. 6, 4383 Where takes place . . . . n. 2, 4345 Sale of lands bid in by Audi- tor 4393, 4394 Deed for, to purchaser .... 4395 How made ... 4394 Statement concerning . . . 4396 Surplus n. 5, 4393 When title vests in State. 4397 ; n. 1, 4344 Saline fund 183,4325 School Commissioners, Board of . 4457 to 4464 Bonds, issue and sell 4460 Library bonds 4527d Official 4457 Certificate of member .... 4459 Districts, may change .... 4458 Duties and powers 4460 Election of 4457 Library, establishes . . . 4460, 4527a License of teacher, issuing . . 4460 Loans, mav make ...... 4464 Meetings of > . . . 4462 Notes, may give n. 2, 5, 4460 Oaths of _. ". 4457 Organization of 4459 Pay, get none 4462 Poll tax, can not levy . . . n. 1, 4460 President of 5459 Receipt to County Treasurer . 4527b Question on 4527c Record, keep 4462 Rules and regulations, adopt . 4460 School houses, may build . n. 2, 4460 School law governs 4463 Secretary and Treasurer of . . 4459 Superintendent, appointment of 4460 Taxes levy 4460 How collected for 4461 Teachers, employ 4460 Term of office 4459 Treasurer of 4459 Gives bond 4460 Vacancies, how filled .... 4459 School corporation 4438 Revenue of 4437 School corporation, city is . • . 4438 Process on 4536 Town is ......... . 4438 School director, election of . . . 4498 Appeal from 4506 Appointment by Trustee, when. 4498 Exclusion of pupils by, limited. 4505 Fuel and repairs, provides 4504 President of school meeting, is 4503 Removal of, how School house, has charge of. Trustee, communicates with Vacancies in office of. . . . Visitations by . ... School house. See House. School lands. See Lands. School laws. See Laws. School section, divided by town- ship lines 4330 Ownership n. 9, 4325 Substitute for 4330 Courts do not take notice of, n. 4, 4328 See Lands. School Trustee, Township Trustee, is 4438 Accounts and receipts .... 4441 Corrected 4456 Examined 4454, 4455 Advancing funds, reimburse- ment n. 15, 4441 Annual report of 4443 Anticipating revenue ■ . . n. 1, 4442 Apparatus for schools, furnish- ing. 4444 Appeal from 4537 Assessment of damages . . n. 7, 4441 4498 4504 4503 4499 4505 SCHOOL LAW OF INDIANA. 217 SEC. School Trustee, bond and approval. 4439, 4440 ; u. 1, 4440 Action on, who may bring, n. 13, 4441 Failure to give. . . . - n. 15, 4439 Books, when subject to exami- nation 4454; n. 6, 4442 Correcting n. 1, 4456 See Books. Borrowing money . . n. 19, 20, 4444 ; n. 8, 4441 Contracts . . n. 10, 4439 ; 4438a Correction of books of . n. 1, 4456 County Superintendent elects . 4424 Custody of school property, ' n. 16, 4444 Debt, power to incur 4438a Director, appoints, when. 4498; n. 2, 4498 Duties 4441, 4444 As to election 4339 As to revenue 4442 Neglect of 4452 Educational affairs, has charge of 4444 Election of n. 8, 4438 Enumeration, must make. . 4472 See Enumeration. Expenditures, record of keeps. 4441 to 4443 Fine, for failure to serve . . 4453 Graded schools, may establish . 4444 Independent of town Trustees. n. 3, 4441 Injunction, may bring - 4346 Joint graded school with city or town . ... 4446 Lands of Congressional Town- ship, accepts . . . 4328, 4444 Lands, duties as to ■ . . 4328 to 4368 Leases land of Township . 4329, 4330 Levies tax to pay debts 4471 Liability to teachers for pay of . n. 1, 2, 4441 ; n. 3, 4486 ; n. 2, 10, 4510 For error of judgment . n. 28, 4444 Officer de facto, can not deny . h. 17, 4441 Under act of 188:? . . . n. 5, 4438c Library, has charge of . ... 4529 Loans, power to bind Town- ship for ... . n. 8, 4441, 4438a Petition concerning ■ . . 4438b Mandate to compel delivery of books n. 6, 4441 Member of County Board of Education 4486 Misdemeanor, for neglect of duty n. 4, 4442 Mistake in settlement . . . n. 5, 4441 Mixing funds n. 16, 4441 SEC. Name of, reported to State Superintendent .... 4440 Neglect of duty, liability . . . 4452 Notice of days for business . . 4438c Notifies teacher of Township Institute n. 1, 4520 Numbers schools .... 4494 Office of lucrative . . . .n. 7, 4439 Officer ffcyhdo n. 4, 4441 Over-payment to successor, re- covery n. 14, 4441 Owns school funds, when . n. 18, 4441 Pay of 4439 Penalty, liable for n. 7, 4441 Petition for sale of land, re- cords 4340, 4366 Powers over schools . . . n. 1, 4444 Property, has care of 4444 Sale of by 4511 Eecord of his proceedings . . 4442 Of employment of teacher. n. 3, 4501 Refunding to, Legislature may. n. 19, 4441 Eeraoval n. 6, 4439, 4456 Reports to County Commis- sioners 4441 to 4450 Contents 4441, 4450 Copy, sent to County Super- intendent 4441 Failure to make 4451 Files with County Superin- tendent . 4441 to 4450 Lands of township, concern- ing. 4328 Teachers to make to ... . 4449 Transfers 4473 When to make . . . . n. 2, 4443 Revenue for tuition, duties as to .... 4442 Former acts legalized . . . 4448 Schools, establishes . . . 4444 School house, contracts for, n. 3, 5, 4437 Deed for, executes 4511 Numbers 4494 Sells _ . 4511 School township, trustee of, is. 4438 Special revenue, manages. . . 4445 Special tax levies . . 4467 Suit against . . 4430, 4441 ; n. 4, 4437 Brings against predecessor, n. 4, 44.37 Tax, annual levy, makes . . . 4469 Special levy to pay debts . . 4471 Teachers, employs ■ . . 4444, 4501 Dismisses on petition . . . 4501 Himself, can not employ as n. 5, 4444 Terms, extending . . . . n. 16, 4439 218 SCHOOL LAW OF INDIANA. SEC. School Trustee, title to township money, has n. 2, 4440 Transfers, reports 4473 Tuition revenue, receives . . . 4441 Vacancy in office, how filled, n. 5, 4439, 4440 Voting for himself, can not, when . n. 18, 4424 Vouchers, returns with report. 4441 School Trustees, Board of [city and town) , . 4439 Abolishment of office of. . n. 12, 4439 Act as a unit . . . . n. 18, 4439 Allowance of claims . . . n. 17, 4439 Accounts, must keep 4431 Board of . . . 4439, 4440 ; n. 1, 4489 City has 4439 Duties 4439 Election of 4439 Tie vote n. 8, 4439 Time of n. 2, 4439 Graded schools, establish . . . 4444 Independent of council n. 3, 4441 Joint graded schools, establish . 4446 Liability of, for bonds . . n. 4, 4488 Mandamus to compel election of . . . n. 14, 4439 Misapplication of funds . n. 10, 4441 ; n. 5, 4442 Old board may hire teachers for new . . n. 2, 4445; n. 13, 4439 ; n. 3, 4510 ; n. 7, 4444 Organization of 4439 Pay of members . . . 4439, n. 4, 4439 President of . . - ... 4439 Eecord of employment of teachers n. 3, 4501 Eeports to County Commis- sioners ... .... 4441 Residence of members . n. 4, 4439 Resignation of members . n. 3, 4439 ; n. 6, 4440 School Superintendent employ . 4445 Secretary of ... . ... 4439 Special revenue, manage . ■ . 4445 Suit on Treasurer's bond . n. 14, 4439 Term of office 4439 Extending n, 16, 4439 Treasurer of 4439 Vacancies 4439 Schools, abandoning, Trustee may n. 23, 4444 Attachment to, when made . . 4472 Changing, when allowed . . . 4472 City exempt from control of County Superintendent . . . 4429 Colored children entitled to . . n. 1 to 4, 4496 Discrimimtion n. 3, 4496 Enforcement of . . . a, 25, 26, 4444 SEC. House. See house. Janitor for n. 3, 4504 Kindergartens 4447a Land. See lands. Location of . 4444 Manual training 4447d Night 4447b Number of ... ... 4444 Kegulations for, inforcement . n. 24, 4444 ; n. 1, 4501, 4460 State institutions n. 1, 182 Terms must be equal . . . n. 1, 4494 Tuition. See tuition. Uniform, must be n. 3, 182 School year begins, when .... 4499 Seal, State Superintendent uses . 4420 State Board of Education has. 4420 Seminary fund belongs to • • 183, 4325 Sinking fund, interest distributed 4487 Special tax, levy must be made, n. 3, 4490 State Board of Education formed 4420 Books, select. See Books. By-laws, may adopt 4421 Duties of 4421 Expenses of 4423 Members of 4420 Meetings of 4420, 4422 Orders carried out by County Superintendents 4429 Pay of members of 4423 President of 4420 Record of 4420 Seal of 4420 Secretary of . . ' 4420 State University, Trustee of, appoints 4565 Teachers' certificates, grants . . 4422 State Normal — Agent, pay of 4560 Appropriation for 4558 Building, contract for . . 4548 Christian morality to control . 4553 Fund for, how obtained . . . 4556 Located at Terre Llaute . 4547 Model school to be organized . 4549 President of 4545 Member State Board Educa- tion 4420 Pupils, admission of 4551 Certificates to .... 4557 Diplomas to 4557 Reports to General Assembly . 4554 To Governor 4554 Secretary of . 4545 Sectarianism forbidden. . . . 4553 Treasurer of 4545 Pay of . • • ^560 Trustees, studies prescribed by 4550 Governor appoints ..... 4543 PtCTTOOTi LAAV OF TNMANA. 219 State Normal — contiimai ■;wx\ Trustees, instructors elected by, 43".L^ Organization of . . . 4545 Pay of 4559 Proposal for donations . . - 4546 Term of office of 4544 Vacanies in 4544 Tuition free 4552 Visitors, and their pay .... 4555 State University — Alumni elect a trustee. 4566d to 4566g Agricultural department in. . 4590 Appropriation, annual, for 4660 Books from State Library to . 4598 Building and repairs, commit- tee of . 4588 Establishment of 4561 Faculty of, lectures by . . . 4588 Buildings cared for by . . 4588 Powers of 4571 State Geologist is member of. 4954 Vacancies in 4568 Fund of, how derived . . 4595 Borrower of, abstract made by . 4604 Accounts with . . 4620 State Auditor's warrant to 4605 Endowment 4661a Application 4661b Bond of State 4661c Loan of State 4661d Mortgage 4661e State may borrow . . . . 4 66 If Tax for 4661a Loan of 4596, 4621 Interest on 4600 Judgment for 4609 Liens, certihcates as to . . 4603 Limit as to 4599 Mortgage to secure . . . 4597 Form of 4597 Priority of 4601 Recording of 4602 Satisfaction of .... 4607 Note for, form of ... . 4598 Payment of ....... 4606 Restrictions as to ... . 4599 Unpaid, how collected . 4608 State Auditor's pay for man- aging 4624 Treasurer's pay for man- aging 4629 Payments to 4606 Receipt of - . . 4606 Geological examinations . . . 4584 Lands, how cared for .... 4622 Appraisement of . 4633, 4634 Certificates of entry of . . 4642 Assignment of 4642 On cash sale 4616 svx\ Vv.Wwi on. 4623 Purchaser gets 4640 Record of 4641 County Auditor sells, when . 4635 Lands, County Auditor's pay on sale ... 4653 Registers certificate . - . 4641 Report by, as to . ... 4650 County officers' duty as to . 4659 County Treasurer's pay for sales 4653 Reports b's', as to ... • 4651 Extension of payment on . . 4Go0 Forfeiture prevented . . 4631, 4645 Money, how paid 4626 Notice of sale of . . . 4610, 4636 Patent issued, when . . . . 4649 Pay of Commissioners . . • 4627 Payment to State Treasurer . 4652 Purchase by Auditor, when . 4612 Purchaser secures against waste. 4647 Recording and patents . . . 4628 Redemption of 4646 Sale, place and manner of . 4637 Certificate for deed . 4616 Credit for interest, how . . 4617 Fees and damages .... 4618 Forfeited lands, of . . . . 4632 Mortgaged lands, of . • . 4611 Overplus, disposition of. . 4613 Proceeds of 4655 Report of 4656 Re-sale by Auditor . . . 4612 Statement of 4614 Terms of 4638 Trustee must attend . . . 4657 Surplus to forfeiting pur- chaser 4644 Title to, how evidenced . . 4642 Reverts to State, when . . 4643 State in, without deed . . 4615 Trustee attends sale . . . 4657 Lands, can not buy - 4658 Unsold, subject to private entry 4639 Lease of 4624 Waste, liability for ... . 4648 Mineralogical collection . . . 4584 Normal department of . . . . 4589 Proceeds of seminary lands to . 4569 Registry of alumni 4566d Religious qualification, none . 4572 Report, annual, of Trustees . . 4586 Printing of .... 4585 Supt. Public Instruction, to . 4582 Scholarships transferable . • . 4591 Perpetual, fee for 4592 Secretary, election of 4562 Dutiesof 4580 •220 SCHOOL LAW OF INDIANA. Stale Uni verity — amliuucd. SEC. Sectariatiism exi-luded .... 4573 SessioBw of, notice 4587 State Geologist aids museum . 4594 Faculty, belongs to ... . 4594 Students from eacii county . . 4574 Notice to counties about . 4575 Religious test not required . 4572 Tuition free for 4574 Tax for endowment fund . . . 4661a Treasurer, election of ... . 4562 Bond of 4576 Duties of 4581 Trustees, Board of 4562 Allowances, make 4570 Election . . 4566a to 4566h First, who were 456J Meetings, annual 4567 First, where held .... 456 1 Pay of 4566 President of 4562 Quorum of 4568 Pieport of 4586 Vacancies in 4565, 4568, 4566b, 4568c Visitors, board of 4577 Duties of 4579 Report as to absentees . . 4578 Statistics, furnished by State Su- perintendent .... 4410 Statute of limitations, when does not run n. 17, 4437 Studies, duty of Trustee as to . n. 1, 4497 Additional n. 2, 4497 Algebra n. 1, 4497 District meetings determine. . 4499 German n. 5, 4497 Latin n. 1, 4497 Music n. 6, 4497 Order of n. 3, 4497 Teacher's contract to teach . n. 4, 4497 What shall be taught . . 4497 What teacher shall be ex- amined in 4425 Subrogation, purchase under mortgage n 6, 4395 Succession to school property, n. 1,4437; n. 4, 4438 Suits, Attorney - General may- bring /. . . . n. 3, 4326 Auditor, may bring, when . 4383 City, against or for . . . . 4488 Complaint, what must show, n. 18, 4437 County Commissioners, suing, n. 2, 4399 Costs 4535 County Superintendent may bring, when 4435 How brought . 4534; n. 3, 7 to 9, 4437 ; n. 1, 4534 Mandate caii not take place of, n. 11, 4437 Process, how served . . . n. 1, 4536 ; n. 22, 4437 ; n. 3, 12, 4438 Eight to bring. . . 4429 Statute of limitations. . n. 17, 4437 Teacher mav sue for his salary, n. 9, 4439 Town, for or against 4438 Township, for or against . . . 4437 Superintendent (of city), how elected 4445, 4460 Duties 4445 Pay 4445 Sujjerintendent (of county). See County Superintendent. Superintendent [of Public Instruc- tion), appeals to 4538 Apportionment, prints state- ment of 4483 Balance of, duty as to . . . 4485 Normal school fund .... 4556 Revenue (of), makes . 4477 to 4482 Attorney, may employ . . . n. 2, 4413 Blank forms, furnishes . • . 4415 Books, duties as to. See Books. Bookkeeping, prescribes forms of 4416 Clerks for 4408 Salary of 4419 Counties, must visit 4411 County Auditor's books, ex- amines 4411 Defaulting, brings suit against 4405 Penalty for failure 4481 School revenue, reports, 6478 to 4481 County Superintendents report tJ 4428, 4429 Names of reported to. . . . 4424 Documents, supplies 4418 Duties 4408 Election of 4406 Expenses of, paid 4412 Funds, supervises 4413 Deficit in, duties as to . . . 4326 Diminution of county, when 4481 Normal school, to - . . . 4556 Report to, as to divided town- ship 4336 Suit for, may order .... 4413 General Assembly, reports to . 4410 Crovernor, reports to . 4409 ' Instructions, Superintendent furnishes 4415 Interest, looks after 4326 Lectures . . 4411 Libraries, furnishes books to • 4418 Member of State Board of Education ... . . 4420 Opinions, gives . . . . n. 2, 3, 4408 SCHOOL LAW OF INDIANA, 221 Superintendent - coiHinaaK sec. Normal School, is Trustee of . 4543 Oath of ... 4407 Office provided for 4408 President of State Board of Education 4420 Prosecutor, Superintendent may direct, when 4413 Reports from 4409, 4410 Reports to . . 43.S6, 4346, 4401, 4414, 4424, 4428, 4429, 4440, 4446, 4478 to 4481, 4482 Salary of . . • .... 4419, 4427 School laws, prints and dis- tributes 4417 School officers, must meet. . . 4411 Opinions, gives to - 4408 Schools, manages business of . 4408 Seal, uses . ... 4420 State Board of Education, member of 4420 State University, reports to . . 4582 Is visitor of . . . ... 4577 Statistics, furnishes 4410 Suits, causes to be brought . 4405, 4413 Teachers, must counsel with . 4411 Term of office ... 189 Commencement of 4407 Traveling expenses of ... . 4412 Visits counties. . 4411, n. 1, 4411 Summons, how served . . . n. 12, 4438 Surplus on sale of land, disposi- tion of 4392, n. 3, 4, 4347 Special revenue . . . 4447 Surplus revenue fund, sale of lands of 4364 Belongs to schools 183 Investment of . .... 4368 Swamp lands, belong to school fund 183, 4325 T. Taxes, annual levy 4465 Assessment 4468 Auditor's duty as to 4468 Bank stock liable to . n. 5, 4467 Bonds for school buildings, to pay 4490 Buildings, erection of ... 4467 Expenses for . . . 4467 Tax payers may advance monev for ^467 Collection 4468 In large cities . . ... 4461 Expense of schools, for . ... 4467 Fuel, for 4467 Legalized n. 1, 4465 Lew, who makes, n. 2, 4467; n. 1, 2,4469 In large city 4460 SEC. Limit in large city .... 4460 Special tax 4467 To pay debts, obligatory . n. 3, 4490 Library bonds 4527e Lien .... n. 3, 4792 On land bid in by Auditor, n. 3, 4394 Local tuition 4469 Management of, by Trustee. . 4470 Manual training school 4447f Poll, school Commissioners can not levy . . . n. 1, 4460 Eaco, no discrimination in . . 4466 Report of Auditor concerning, 4478 Contents 4479 When made - 4479 Report of transfers 4468 School Commissioners gives re- ceipt for 4527b School lands sold, subject to . 4s64 Special lor buildings and furni- ture . . 4467 Constitutionality of . • . n. 1, 4467 County Commissioners, no control over . . . . n. 3, 4467 For general purposes in city or town. . 4490 To pav debts . . . 4471 ; n. 1, 4471 Who levys n. 2, 6, 4467 Tax title, inferior to mortgage lien n. 3, 4383 ; n. 5, 4395 Transferred, person taxed, 4468; n. 7, 4473; n. 4, 4474 Treasurer of county, collects, when 4468 Treasurer's quietus to ... . 4527b Trustee, local, levy by ... ■ 4469 Tuition 4465, 4469 How applied 4470 Uniform, must be ... . 4466, 4494; n. 1, 4494 Wrong corporation receiving, liability n. 9, 4473 Teacher, assault upon . . . n. 2, 4507 Authority over pupils . . n. 3, 4504 Authority out of school n. 4, 4504 Bible, reading . • n. 2, 4493 Care of school property. . n. 17, 4444 Compensation n. 1, 4444 When forfeited 4501 Contract, blanks in . . . . n. 3, 4501 Contents. n. 17, 4444 How made - n. 6, 4444; n. 18, 4439 Lack of funds . . n. 3, 4501 License necessarv ... n. 1, 4501 Verbal ....'... n. 3, 4501 When made n. 7, 4444 Written ■ ■ / •. n. 3, 4501 Corporal punishment, inflict- ing n. 6, 4501 922 SCHOOL LAW OF INDIANA, 'lY-acher — continued. ^r- ', Dismissal 4501, u. 5, -li'iUl Illegal, result n. Ti, 4501 On majority vote ■ . . n. 5, 4501 Employment" . 4444, n, 3, 4499, 4501 License expiring . 442G Kecord of .... n. 3, 4501 Who makes . . . n. 19, 4487, 4444 Examined, how .... 4425, 4502 In two counties . . • . n. 15, 4i25 Execution to collect pay . n. 3, 4501 Failure of authorities to fur- nish school n. 2, 4449 German teacher, must have license . n. 5, 4425 Holidays, gets n. 7, 4501 Immorality of n. 5, 4426 Incompetent, may be refused license ... n. 13, 4425 Institute, must attend . . . 4520 Pay for n. 2, 4520 Insulting . .... 4507 Liability of Trustee to . n 1, 2, 4441 ; n. 2, 10, 4501 ; n. 3, 4486 License, must have, 4501 ; n. 1, 4501, 4460 Minor, may be . . . n. 2, 3, 4501 Moral character of .... . 4425 Names not reported, when . - 4428 Old board employing n. 2, 4445 ; n. 7, 4444 ; n. 13, -1439 ; n. 3, 4501 Patrons electing n. 2, 4444 Pay, funds giving out . . , n. 3, 4501 Execution to collect . . . n. 3, 4501 Forfeiting .... 4501 Of graded school . . n. 15, 4444 Private examina^tions of . . • 4427 Protest of patrons n. 4, 4501 Qualifications of . . • 4501 Eecord of employment. . . n. 3, 4501 Eeligious belief . . . n. 2, 4493 Eemedy, to recover pay . . n. 2, 4486 Removal, practice . . n. 4, 4426 Eeport, must make . . 4449, n. 4449 Contents 4449 Penalty. ....... 4449 Private teacher . . . . n. 1, 2, 4509 When makes n. 1, 4449 Resignation of n. 8, 4444 State certificate to ... 4422 Suit for wages . n. 9, 4439 ; n. 3, 4501 Trustee can not emplov himself, n. 5, 4444 Not personally liable . . n. 3, 4486 Want of funds to pay, no de- fense '. . . n. 2, 4486 Who may emplov . • . . n. 2, 4445 ; n. 7, 4444; n. 3, 4501 ; n. 13, 4439 Withholding wages . . . . n. 3, 4449 Terms, length of school .... 4495 Uniform, must be . . 4494; n. 1, 4494 SEC. Text-books, change of 4436 See Books. Timber, sale of lands with 4346 Cutting. 4346 Time, how reckoned 4495 Month 4495 Term 4495 Week 4495 Year. 4495 Title, how taken to school property 4508 .Joint school. . . . 4513 Tax title, inferior to school mortgage lien . n. 3, 4380 ; n. 5, 4395 To school money . . n. 2, 4440 When vests in State without deed ... ... 4896 Towns, corporation for schools, are 4438 ; n. 2, 4438 Bonds for buildings, may sell . 4488 County Superintendent, con- trols . . . n. 3, 4429 Dog fund, division of, with, n. 3, 4487b .Joint graded schools in. . . 4446 Pupils outside may attend . . 4490 School corporation, is ... • 4438 Suits n. 1, 4438 Superintendent in 4445 Trustees, fined, when 4451 Election of 4439 Unincorporated, bequest to aid 4514 Bonds for . .... 4514 Petition for 4514 to 4516 Sale of bonds 4516 ToT/nships, boundaries of . . . . 4331 Contracts of . .... 4437 Corporation for school pur- poses . _ n. 2, 4437 ; n. 9, 4438 County line, dividing . . 4332 Division of funds, with town, n. 8, 4438 .Judicial notice of .... n. 10, 4437 Name of . . . 4437; n. 20, 21, 4437 Power of n. 16, 4437 Presumption raised by use of name n. 6, 4437 Process, how served upon . n. 22, 4437 Suits 4437, 4438 Traffic in questions, forbidden . 4421a Transfers, adjoining, when must be made n. 2, 4473 Appeal from .... 4537 ; n. 1, 4473 Auditor's duty n. 5, 4473 Better accommodations. . . n. 3, 4473 Constitutionality of law. . n. 10, 4473 County Superintendent, duty concerning n. 5, 4473 Enumeration of. . . n. 6, 4472; 4472, 4473 ' From one county to another . 4474 SCHOOL LAW OF INDIANA. 223 Transfers — continued. sec. Notice of _ . . . . n. 5, 4473 Payment for transfers .... 4474 Privileges of persons trans- ferred n. 13, 4473 Kecord of n. 6, 4473 Refusal to receive person trans- ferred. • ■ ■ _ n. 12, 4473 Removals, liability for tax . n. 7, 4473 ; n. 4, 4474 Report of n. 2, 4471 Re-transfesr n. 4, 11, 4473 Right of • . ■ • n. 1, 4473 Taxing transferred persons, n. 2, 4470; n. 7, 4473; 4490; n. 1, 4490; n. 5, 4490. Bonds, liable for n. 5, 4490 Tenants' property can not be taxed n. 7, 4473 Wife's property can not be taxed . : n. 7, 4473 What amounts to n. 8, 4473 When made n. 1, 4473 Who may be 4473 Wrong corporation receiving tax . • • • . ■ n. 9, 4473 Treasurer {city), bond in large city, 4460 Election and bond . . Treasurer ( county), collects school tax ... Pays tax to City Treasurer Report, makes of fund of. Re-sale of land Sale of land, attends. • ■ School money, receives • Treasurer (State), pays fund to county Tr'easurer (toiun) election and bond Truancy, expulsion for. . . . n Tuition, advancement by Trus tee. reimbursement . . . n. (Annual levy of A.nticipating . . . 4442 ; n Application of n A.pportionment of by Auditor of State . According to enumeration By County Superintendent Auditor of State, draws war- rant for ... ... Books, used to pay for . n. Constitutionality of levy for.n Defined . ... Diminished for failure to report 4439 4468 4461 4398 4347 4345 4388 4484 4439 , 4505 15, 4441 4465 1, 4470 2, 4442 4484a 4432 4434 4484a 11, 4444 4, 4469 4325 . 4431 Expenditure of, within year, 4442, 4499 Expense of collecting can not be deducted from . 4325 Fees can not be taken from, n. 4325 ; n. 3, 4469 SEC. Formation of town, division of n. 2, 4508 Levy of, who makes. . . n. 1, 2, 4469 License money forms part of, n. 10, 4325 Local tax for 4469 How levied 4470 Mandate to compel application of . . n. 2, 4441 Mixing with other funds . n. 16, 4441 Ownership of n. 18, 4441 Payment of, by non-resident.n. 4, 4490 Private school, can not be used for n. 4, 4509 Rents deducted from 4328 Report of transfers for . . 4473 Surplus special school fund, transfered to . . . n. 4, 4467 Town incorporated within Township n. 5, 4486 Township n. 5, 4486 U. Uniformity of school terms, 4494 ; n. 1, 4494 Unsafe investments n. 1, 4400 Use of school house for private purpose 4509, 4510 V. Vacancy in office of County Superintendent 4424 City or town Trustee . . . 4439, 4459 Township Trustee n. 5, 4440 Vaccination, duty concerning, n. 4, 4429 Power to compel . n. 5, 4429 Visits, County Superintendent makes 4429 Director makes 4505 State Superintendent makes . 4411 Voters, defined, n. 4, 4501 ; n. 2, 4509, 4499 Lessees. ■ . . n. 1, 4339; n. 1, 4729 Meetings of 4499 Petition by for removal of school house 4499 To sell, school house . . - 4499 Repairs direct . , . 4499, 4500 Who are n. 1,4498, 4499; n. 4, 4501 ; n. 2, 4509 W. Warrant on Treasurer to borrow. 4383 To counties by State Auditor . 4484 Warranty of title by State . . n. 3, 4383 224 SCHOUL LAW ur iiNDlANA. SEC. Waste, injunction to prevent on school lands ... n. 2, 4346 Liability for, in case of for- feiture 4349 Suit for 4350 Week of school, what is ... . 4495 Wife, signature to mortgage necessary n. 1, 4385 Will, device to Township for schools n. 4, 4437 SEC. Witnesses, use of on appeal . n. 1, 4537 Women eligible to school offices . 4540 Bond of binding 4541 Constitutionality of act . n. 1, 2, 4540 Worship, reading Bible . . . n. 3, 4493 Y. Year, school, when begins 4499 .»v / /, "v^ * 6 i/, /te^ ,A.6^' // u 4lI%L,^ a ^^pd^yp-cmA^'^^^^^ ^ UiA.-d'^^'^^'^^'^ ^ /,, jgf«r.e ^V'*^'"^'"'*^**^*''*'**^' ckd « If^-ff^y * Acc^r^^^- ^^' '^"'^ m.4jijc(^' Q/(r^ ^rnJ^f' du^^.^^'^^f^^^^ cuO (>(>^ - V