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P. L. 509.

8 May 1855 § 5. forth in the petition, or to such other bounds as they shall think more advisable, together with their opinion on the expediency of establishing or not establishing the same; (d) the proceedings upon which petition, commission and report, and the final disposition thereof shall, in all other respects, be according to the act of assembly now in force, relative to the erection of new townships: (e) Provided, That if said proceedings result in the establishment of a new common school district, the cost of the commission and the office-fees shall be paid by the said new district, but if otherwise, said costs and fees shall be paid by the petitioners themselves.(g)

Ibid. § 6.

Proceedings upon erection of new independent districts.

Ibid.

Duties of county commissioners.

20 May 1857 § 1. P. L. 587.

Construction of act 8 May 1855.

58. Whenever a new district shall be erected according to the provisions of this act, it shall become, to all intents and purposes of the common school system of the state, a separate and independent district, subject, however, to the provisions of the third and fourth sections of the act to which this is a supplement; and the proper court of quarter sessions shall moreover determine, on hearing, whether an undue proportion of the real estate and school-houses belonging to the old district or districts are within the bounds of the new district, and if so, how much money shall be paid therefor by the new to the old district or districts, and in what proportions and at what time; and vice versâ, if less than its due share of real estate or school-houses is within said new district, how much shall be paid to it by the old district or districts, and in what proportions and at what times; the order for the payment of which several sums shall, from the date thereof, be in the nature of a judgment, and the amount recoverable according to the provisions of the twenty-first section of the act to which this is a supplement.

59. At the next annual assessment after the erection of any such new common school district, it shall be the duty of the county commissioners of the proper county to cause a separate assessment of the subjects and things liable to school tax in each portion of the new district lying within his proper township to be made out by the proper assessor thereof, and to be returned to them, wherefrom, after adjustment, they shall cause to be made a correct copy of the assessment thus obtained, in every portion of the new district, and shall furnish the same to the secretary thereof, in accordance with the 29th section of the act to which this is a supplement; and they shall, in like manner and at the same time, cause to be made out and furnished to the state superintendent of common schools, a full list of all the taxable inhabitants of said new district, according to the provisions of the 49th section of the act to which this is a supplement; and they shall pay out of the county funds to said assessors, the usual compensation for the services enjoined by this section.

60. The true intent and meaning of the provisions of the supplement to the general school law, approved the 8th day of May, Anno Domini 1855, for the creation of independent school districts, was and is, to provide in a guarded manner for exceptions to the general rule, and to protect and promote the educational welfare of occasional localities that, from natural or other adequate obstacles, could not be properly provided for under the organization of township districts; and further, it was not the intention to cut up townships into single school districts, nor to carve out the wealthier from the poorer portions of a township or townships, to the prejuCourt may vacate dice of the rights and interests of the latter; and when an independent district has decree erecting in- been created in violation of these principles, the court of quarter sessions of the dependent district. proper county is hereby authorized and required, upon application of not less than twenty citizens of the township or borough affected thereby, to open the decree of the court by which it was created, and after re-examination upon the merits, confirm or annul such districts, as the evidence may require; and hereafter no independent district shall be created in any case without the unanimous concurrence of the court.

20 May 1857 § 1. P. L. 588.

61. In all cases where an independent school district has been created or continued by any of the courts of common pleas of this commonwealth, it shall be When independent lawful for said courts, upon the application of one-third of the taxable citizens of any school district, out of which any independent district may be erected, by petition, setting forth that they desire the abolition of any district, to hear and determine the application upon its merits, and if deemed expedient, the said court shall discontinue the said district. (h)

districts may be

abolished.

11 April 1862 § 9. P. L. 478.

62. When an independent school district shall be established, the proper court shall, in the decree therefor, designate the time and place for holding the annual elections of directors therein, and appoint two persons to hold the first election, at

(d) The burden of showing the necessity for the erection of an independent district, rests upon the petitioners. Franklin School District, 1 Susq. L. Chron. 75; s. c. 1 C. P. Rep. 128.

(e) It must appear affirmatively that the commissioners gave notice of the time and place of their meeting; a draft of the lines of the new district must be returned, unless the division be made so that it can be designated by natural boundaries; and the report cannot be confirmed until the succeeding term. Such

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a time appointed therefor, who shall give ten days' notice thereof, by printed or 11 April 1862 § 9. written handbills, put up at not less than six public places within said district; at

P. L. 473.

which first election, six directors shall be chosen, two for three years, two for two Elections in indeyears, and two for one year then next ensuing; and thereafter two directors shall pendent districts be chosen for three years, at the annual election to be called and held by the presi- regulated. dent and secretary of the board, at the time and place, and in the manner, in said decree therefor appointed, said election, in all other respects, to be conducted in conformity with the existing school law. And in independent districts, established, or hereafter to be established, by the legislature, without specifying the mode, time or place of electing directors, the first election shall be held at such time and place, within the proper district, as shall be specified by written or printed notices thereof, put up at not less than ten public places therein, signed by not less than five taxable citizens thereof, and giving ten full days' notice of such election, and subsequent elections shall be held at such time and place, annually, as shall be designated by similar notices, signed by the president and secretary of the proper board; said elections, in all other respects, to be held and conducted in the manner in this section before provided.

VI. Execution against school districts.

63. If judgment shall be obtained against a school district, in any action or Executions against proceeding, the party entitled to the benefit of such judgment may have execu- school districts. tion thereof, as follows, and not otherwise, to wit: it shall be lawful for the court in which such judgment shall be obtained, or to which such judgment shall be removed by transcript from a justice of the peace or alderman, to issue thereon a writ, commanding the directors or controllers and treasurer of such school district to cause the amount thereof, with interest and cost, to be paid to the party entitled to the benefit of such judgment, out of any moneys unappropriated of such district, or, if there be no such moneys, out of the first moneys that shall be received for the use of such district, and to enforce obedience to such writ by attachment.

VII. County superintendents.

P. L. 625.

64. There shall be chosen, in the manner hereinafter directed, an officer for 8 May 1854 § 37. each county, to be called the county superintendent. It shall be his duty to visit, as often as practicable, the several schools of his county, and to note the course Duties of county and method of instruction and branches taught, and give such directions in the superintendent. art of teaching and the method thereof in each school, as to him, together with the directors or controllers, shall be deemed expedient and necessary; so that each school shall be equal to the grade for which it was established, and that there may be, as far as practicable, uniformity in the course of studies in schools of the several grades respectively.

Ibid. § 38.

ure to provide

65. It shall be the duty of each county superintendent to see that in every district there shall be taught orthography, reading, writing, English grammar, To see that cergeography and arithmetic; as well as such other branches as the board of directors tain branches are or controllers may require. In case the board of directors or controllers shall fail taught. to provide competent teachers to teach the several branches above specified, it His duties on failshall be the duty of the county superintendent to notify the board of directors or competent teachcontrollers, in writing, of their neglect, and in case provision is not made forth- ers. with for teaching the branches aforesaid, to report such facts to the superintendent of common schools, whose duty it shall be to withhold any warrant for the quota State appropriaof such district of the annual state appropriation, until the county superintendent tion to be withshall notify him that competent teachers of the branches aforesaid have been held. employed. And in case of neglect or refusal of the board of directors or control- And forfeited. lers to employ such competent teachers as aforesaid, for one month after such notification by the county superintendent that such teachers have not been provided, such district shall forfeit absolutely its whole quota of the state appropriation for that year.

Ibid. § 39.

66. The school directors of the several counties of the commonwealth shall meet in convention at the seat of justice of the proper county, on the first Monday Election of county of June next, and on the first "Tuesday" of May, (i) in each third year thereafter, superintendents. and select viva voce by a majority of the whole number of directors present, (k) one person of literary and scientific acquirements, and of skill and experience in the art of teaching, as county superintendent for three succeeding school years; and the school directors, or a majority of them, in such convention, shall determine the amount of compensation for the county superintendent, (1) which said compensation shall be paid by the superintendent of common schools, by his warrant drawn upon the state treasurer, in half-yearly instalments, if desired, and

(i) So amended by act 27 March 1866. P. L. 88.
(k) A director who is present, but refuses to vote,

is to be counted, in estimating the majority. Commonwealth v. Wickersham, 66 P. S. 134.

(1) See infra 67.

8 May 1854 $ 89. shall be deducted from the amount of the state appropriation to be paid to the several school districts for said county.(m)

P. L. 625.

23 May 1893. P. L. 121.

Salary of county superintendent. Minimum and

Directors may increase.

67. The salary of each superintendent of common schools elected according to law, in the year one thousand eight hundred and ninety-three, and thereafter, shall be four dollars and fifty cents for each school in his jurisdiction at the time of his election, to be paid out of the general fund appropriated for common schools: Provided, That the salary of a county superintendent shall in no case be less maximum salary. than one thousand dollars nor more than two thousand dollars per annum: And provided further, That conventions of school directors when assembled for the purpose of electing a county superintendent may vote him a salary greater than the amount he would receive by this act, such increase to be, in all cases, taken from the school fund of the county thus voting. That in all counties having over in certain counties. one hundred and ninety schools, or twelve hundred square miles of territory, or a school term exceeding seven and one-half months, the salaries of said superintendents shall not be less than fifteen hundred dollars.(n)

Minimum salary

29 April 1875 § 2. P. L. 33.

Repeal.

8 May 1554 § 41. P. L. 626.

Examination of teachers. Certificates.

When certificates may be annulled.

Ibid. § 42. Annual reports.

Ibid. § 43.

how given.

68. So much of section 39 of the act of May 8th, 1854, as requires that a convention of school directors shall determine the compensation of a county superintendent, is hereby repealed, except so far as provided for in this act.

69. It shall be the duty of the county superintendent to examine all the candidates for the profession of teacher, in the presence of the board of directors or controllers, should they desire to be present, to whom they shall first apply in his county, and to give each person found qualified a certificate, setting forth the branches of learning he or she is capable of teaching;(0) and such examination and certificate shall be renewed as often as any such teacher shall be employed in teaching any branch of learning other than those enumerated in his or her certificate, and no teacher shall be employed in any school to teach other branches than those set forth in such certificate of said teacher: Provided, That the county superintendent may annul any such certificate given by him or his predecessor in office, when he shall think proper, giving at least ten days' previous notice thereof, in writing, to the teacher holding it, and to the directors and controllers of the district in which he or she may be employed.(p)

70. The county superintendents shall annually, on or before the first Monday in June, forward to the superintendent of common schools, the reports of the several school districts of their respective counties, and shall also themselves make an extended report of the condition of the schools under their charge, suggesting such improvements in the school system as they may deem useful, and giving such other information in regard to the practical operation of common schools, and the laws relating thereto, as may be deemed of public interest.

71. Until after the election of county superintendents, provided for in this act, it shall be the duty of the superintendent of common schools, by publication at Notice of election, least three successive weeks, in two newspapers for each county, if so many there be, but if none are published in such county, then by printed notices sent by mail to the secretary of each board of directors of each school district in such county, of the time and place for holding the triennial convention of directors; who shall then and there assemble, and select a presiding officer from one of their number, and the directors then present shall proceed to the election of a county superintendent in the manner hereinafter provided. The notice that shall thereafter be given of the assembling of the aforesaid triennial convention, shall be by the county superintendent, in the manner above provided. All expenses of giving notices, directed by this section, shall be paid out of the same funds as the salary of the county superintendent.

Expenses.

Ibid. § 44. Vacancies, how filled.

8 May 1855 § 8. P. L. 510.

How salaries may be increased.

11 April 1862 § 14. P. L. 475.

Oath of county superintendent.

72. All vacancies in the office of county superintendent shall be filled by the appointment of the superintendent of common schools, until the next triennial convention of directors; when any existing vacancy shall be filled by election in the usual manner, for the full term of three years.

73. The state superintendent of common schools shall, on the application of the boards of directors of a majority of the school districts in any county of this commonwealth, stating their desire to increase the salary of the county superintendent, fixed at any of the periods named in the 39th section of the school law of 1854, or at any subsequent triennial convention of directors, appoint the time and place of reassembling of the convention of directors, who shall have all the powers conferred by the said 39th section.(q)

74. Every person selected or appointed county superintendent of common schools, shall, before entering upon the duties of his office, take an oath or affirmation, before any judge of the court of common pleas of the proper county, or before the superintendent of common schools, who is hereby authorized to administer the same, that he will perform all the duties of county superintendent, during his

(m) By act 18 April 1861 § 28, the city of Philadelphia is entitled to its proportion of the state appropriation, without contributing to the salaries of the county superintendents. P. L. 399.

(n) This is an amendment of the act 29 April 1878 § 1. P. L. 33,

(0) See 2 Wh. Dig. 608, pl. 52. Dillon v. Myers, Bright. 426.

(p) See infra 219.

(q) See act 23 May 1893, supra 67.

P. L. 475.

term of office, honestly, impartially, diligently and according to law, to the best of 11 April 1862 § 14. his skill and ability; which said oath or affirmation, being subscribed by said county superintendent, and attested by said judge or state superintendent, shall be filed in the department of common schools.

certified.

75. It shall be the duty of the president and secretary of the triennial con- 17 April 1865 § 4. vention of directors, to certify to the superintendent of common schools, the name P. L. 63. and post-office address of the person elected county superintendent, in pursuance Name and address of the provisions of the act of May 8th, 1854, and those of all the other candidates of county superinwho receive votes, together with the amount of compensation fixed upon by said tendent elect to be convention; upon the receipt of such certificate, if no valid objection be received within thirty days after the day of the election, the superintendent of common schools shall commission the person so elected, for the term of three years; but When commission if objections to issuing such a commission be made within thirty days, and such to issue. objections be signed, among others, by a majority of the members of not less than one-fifth of all the school boards in the county from which such objections are received, and certified to, under oath or affirmation, by at least three of the signers, the superintendent of common schools may require such evidence, under oath or affirmation, in regard to the legality of the election and the qualifications of the person elected county superintendent, as he shall deem necessary, and then shall issue the commission to the person properly qualified, who received the greatest number of votes: and the superintendent of common schools, when engaged in the Proceedings on investigation of objections filed against the issuing of commissions to county superintendents, shall have power to issue subpoenas, and administer oaths; and any person refusing or neglecting to attend and give evidence at such investigation, when legally subpoenaed, shall be liable to the same fines and penalties, as if he had refused to appear and give evidence in a court of record, and the costs to be paid by the party subpoenaing the witnesses.

contested election.

P. L. 56.

tendents.

76. No person shall hereafter be eligible to the office of county, city or borough 9 April 1867 § 13. superintendent in any county of this commonwealth, who does not possess a diploma from a college legally empowered to grant literary degrees; a diploma or Qualifications of state certificate, issued according to law by the authorities of a state normal county superinschool; a professional certificate from a county, city or borough superintendent of good standing, issued at least one year prior to the election; or a certificate of competency from the state superintendent of common schools; nor shall such person be eligible, unless he has a sound moral character, and has had successful experience in teaching, within three years of the time of his election: Provided, That serving as a county, city or borough superintendent, shall be deemed a sufficient test of qualification; (r) and the president and secretary of each convention of Evidence of qualischool directors, held in any county, city or borough, to elect a county, city or bor- fication to be furough superintendent, when certifying to the superintendent of common schools, nished, with certifithe name and address of the person elected county, city or borough superintendent, shall, at the same time, state the kind and character of the evidence, upon which said convention relied, for proof of the eligibility of the person so elected; and the said superintendent of common schools, if, upon examination of the evidence Commission, when presented, it shall prove to be such as is required by this act, and no objection to issue. made, in accordance with section 4th of the act, approved April 17th, Anno Domini 1865, shall issue a commission to the person elected as aforesaid, as now

cate of election.

required by law; but if, upon examination of said evidence of competency, it shall Proceedings in case not prove to be such as is required by this act, or if objection be made in accord- of objection. ance with said section of the act, approved April 17th, Anno Domini 1865, the said superintendent of common schools shall appoint two competent persons, himself being the third, to examine the person so elected county, city or borough superintendent, and if, upon examination, he be found duly qualified for the office, the said superintendent of common schools shall issue to him the usual commission; but if not, the said superintendent of common schools shall proceed, in like manner, in respect to the person receiving the next highest number of votes in the convention of directors, who, if found qualified, shall receive the commission aforesaid, as county, city or borough superintendent; but if his qualifications are also found insufficient, the said superintendent of common schools shall appoint with the advice and consent of the governor of the commonwealth, some other person, with the required qualifications, county, city or borough superintendent for the ensuing term of such office.

P. L. 228.

77. From and after the passage of this act, it shall be the duty of the county 8 June 1891 § 1. commissioners of each county in this commonwealth, and they are hereby authorized and required to provide, furnish and maintain fit and suitable office rooms, at Office to be prothe respective county seats of said counties, for the use of the county superintend- vided for county superintendent. ents of schools in all the counties of the commonwealth; and the said county commissioners shall also provide, furnish and maintain safe and suitable storage, in connection with such office rooms, for the preservation and safe-keeping of the school records, books and documents pertaining to such offices.

(r) This is not an absolute qualification; he must submit to an examination, after election, if objections are made. Commonwealth v. Wickersham, 90 P. S. 311.

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8 June 1891 § 2. P. L. 228. Repealing clause. 26 April 1893 § 1.

P. L. 24. County superintendent not to engage in teaching. Ibid. § 2.

Violation, cause for removal.

7 May 1885. P. L. 15. Election authorized.

Qualifications.

Term.

9 A

April

1867 § 8. P. L. 58.

Certificate of elec-
tion.

Commission.

24 May 1887.
P. L. 196.

Not to be subject
to county superin-

tendents.

State appropria-
tion.

Directors not to

vote for county
superintendents.

Ibid.

See amendment May hold separate annual teachers' institutes.

28 June 1895, 2. L. 415,

Supp. 2546.

78. All acts and parts of acts inconsistent herewith are hereby repealed. 79. From and after the passage of this act it shall be unlawful for any person holding the office of county superintendent of common schools to engage in the business or profession of teaching in any of the schools of the commonwealth, unless it be done without any other compensation than that paid them as county superintendent.

80. Any violation of the provisions of this act on the part of any county superintendent shall be deemed a sufficient cause for removal from office by the state superintendent of public instruction.

VIII. City and borough superintendents.

81. The school directors of any city, borough or township in this commonwealth having a population of over five thousand inhabitants, may, on the first Tuesday of May, one thousand eight hundred and sixty-nine, and every third year thereafter, elect, viva voce, by a majority of the whole number of directors present, one person of literary and scientific acquirements and skill and experience in the art of teaching, as city, borough or township superintendent, for the three succeeding school years.(s)

82. It shall be the duty of the president and secretary of the meeting of the directors of any city or borough, at which a city or borough superintendent has been elected, to certify to the superintendent of common, schools, the name and address of the person elected city or borough superintendent, in pursuance of the provisions of this act, and those of all other candidates who received votes, together with the amount of compensation fixed upon by said directors; upon the receipt of such certificate, if no valid objection be received within thirty days after the day of election, the superintendent of common schools, shall commission the person so elected, for the term for which he was elected; but if objection to issuing such commission be made within thirty days, the superintendent of common schools shall proceed, with the like power, and like manner, as he is now required to do, where objections are made against issuing commissions to persons claiming to be elected county superintendent.

83. From and after the appointment of a city or borough superintendent in any city or borough in this commonwealth and the proper notification of the superintendent of common schools of the fact, such city or borough shall not be subject to the authority and jurisdiction of the county superintendent of the county, in which said city or borough is located, except that in the matter of holding the annual teachers' institutes, as provided by sections second, third, fourth and fifth of this act, in which the city or borough superintendent shall co-operate; and the quota of the annual state appropriation to said city or borough shall not be diminished by reason of any contribution to the salaries of county superintendents, nor shall the directors of such city or borough vote at any election for county superintendent.

84. It shall be lawful for the board of school directors or controllers of any city or borough, which has elected a superintendent and employs not less than seventyfive teachers, by resolution at any stated meeting and duly recorded, to authorize the holding of a separate annual teachers' institute for said city or borough, and in all matters pertaining to the holding of institutes shall be in nowise subject to the authority and jurisdiction of the superintendent of the schools of the county in which said city or borough is located; and, when the holding of said separate annual institute shall have been so authorized as aforesaid, the superintendent of the schools of said city or borough shall have power to call a teachers' institute, and to draw from the county treasury moneys for the support of the same, in like manner and to the same extent as the county superintendents of this commonwealth are Committee on per- now empowered to do; and the said annual institute shall have power to elect a committee on permanent certificates in and for said city or borough, as county institutes are now empowered to do for their respective districts.(1)

City or borough
superintendent
may call a teach-
ers' institute.

manent certifi

cates.

9 April 1867 § 10.
P. L. 53.

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85. It shall be the duty of all city or borough superintendents to take a similar oath or affirmation to that now required of county superintendents, to perform, within the limits of their several jurisdictions, all the duties now by law enjoined upon county superintendents, and to discharge such other duties as the by-laws, rules and regulations of the respective boards of directors may require; and it shall be their further duty, in addition to an annual report, to report monthly to the department of common schools, such facts relating to their work, and the condition of the schools under their charge, as may be required by the superintendent of common schools, and to attend meetings of superintendents, called by said superintendent of common schools.

an amendment to the act 9 April 1867,
See the act 15 June 1871. P. L. 390.

(t) This is an amendment to the act of 9 April 1867, § 9. P. L. 53.

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