of scholarship than that required by the ninth section of this act, shall be issued 20 May 1857 § 11. by said board of principals, nor by the faculty of any of said schools; but the P. L. 581. principal of each of said schools may certify in writing, to the length of time No certificate to be which teachers may have attended under the eleventh article of the sixth section issued for less deof this act, and the manner of their deportment while in attendance. gree of scholarship. schools. 157. The students who shall graduate on district account in any of said normal Ibid. § 12. schools, shall be liable to devote the next three years after their graduation, to Graduates to dethe exercise of their profession as teachers in the common schools of the district vote three years to which defrayed the expense of their professional instruction, if so required by the teaching in public respective boards of directors of such districts, and at the medium salary or compensation paid in such districts; and if not so required by their proper district, they shall devote said three years to the employment of teaching in the common schools of some other district or districts, at such salary as may be given therein; and each of said students, before admission to the proper normal school, shall subscribe a written declaration of his or her intention to comply with the provisions of this section, which shall be deposited with the secretary of the board of directors of the proper common school district. 158. It shall be the duty of the superintendent of common schools to prescribe all forms, and to give all instructions required for carrying this act into full effect on all points not herein set forth in detail. Ibid. § 13. Duty of superintendent. 15 April 1859 § 1. P. L. 680. 159. As soon as the normal school, such as is contemplated and described by the act to which this is a supplement, shall be in full operation in any of the districts created by said act, and shall have all the requisites, and have been visited, When normal approved and recognized in the mode directed by said act, then said act shall go schools to go into into operation as fully and effectually, in regard to said school, as if the four operation. schools thereby required had been established and recognized: Provided, however, That not more than one school in each district shall be recognized under this act. Ibid. § 2. Requisites for 160. The requisites to entitle any school to the benefits of this act, or the one to which this is a supplement, as set forth in the sixth section thereof, are hereby altered in the following particulars, viz.: The pupils of the model school may or establishment of a may not be from the immediate vicinity of the normal school with which it is normal school. connected, as in the discretion of the trustees thereof shall seem most expedient; that the cost of the tuition of all classes of students, whether admitted on common school district account, private account, or whether they are actual school teachers, shall be fixed by the trustees of the several schools; that the examination of students for graduation, if only one school shall be in recognized operation, shall be by the faculty thereof; if two schools shall be in operation, it shall be by the principals of both; if three, it shall be by the principals of all, or at least two of them; and when more than three shall be in operation, the examination shall never be conducted by less than three principals, to be designated as prescribed by the twelfth paragraph of the sixth section of said act, of whom the principal of the school whose students are to be examined shall be one: And pro- Examinations. rided, That these examinations shall in all cases be conducted in the presence of the superintendent of common schools and the county superintendents of the proper district, if they desire to attend, upon receiving due notice; that the certificate to graduates shall embrace such branches of learning, in addition to those of orthography, reading, writing, English grammar, geography and arithmetic, as shall be prescribed by the board of principals, in accordance with the seventh paragraph of the sixth section of said act, or by the principal of the first school recognized, so long as only one shall be in operation; and the certificate shall be signed by all the examiners, if less, and by at least two-thirds of them, if more than three, and also by the whole faculty of the proper school, in every case. P. L. 16. 161. The state superintendent shall appoint, on or before the first Monday of 15 Feb. 1872 § 1. May, annually, two citizens of each normal school district in which a normal school is in operation, and which have received, or shall receive, any appropriation State trustees. from the state, to act as trustees on the part of the state, with all the rights and privileges of other trustees in the boards of trustees of the several normal schools: Provided, That this act shall apply to such normal school associations as shall accept its provisions. P. L. 12. 162. Each student in a normal school, drawing an allowance from the state, 18 March 1875 § 3. must receive regular instruction in the science and art of teaching, in a special class devoted to that object, for the whole time such an allowance is drawn ;(w) in Classes and examithe allowance to soldier students to normal schools no distinction shall be made nations. on account of age; and all examinations of the graduating class at the normal schools shall be conducted by a board, of which the state superintendent, or his deputy, shall be president, of two principals of normal schools, of whom the principal of the school where students are under examination shall be one, and two county, city or borough superintendents of the district in which the school is located, to be appointed by the state superintendent. 163. The pecuniary and other affairs of each state normal school shall be (w) Re-enacted by act 23 March 1877. P. L. 21. 12 April 1875 § 1. P L. 43. 12 April 1875 § 1. managed by a board of eighteen trustees, twelve elected by the contributors or stockholders, and six appointed by the superintendent of public instruction. P. L. 43. Trustees. Ibid. § 2. Elections. Nomination and appointment of state trustees. Ibid. § 4. First election and appointment. Ibid. § 5. Quorum. Ibid. § 6. Powers of trustees. Ibid. § 7. Distribution of state appropriation. Ibid. § 8. Limitation of indebtedness. Ibid. § 9. 24 March 1877 § 1. P. L. 37. at a meeting of the board. 164. The trustees, on the part of the contributors or stockholders, shall be elected from their own number, at a meeting to be held on the first Monday in May annually. 165. The contributors or stockholders shall, at the annual meeting, select and nominate to the superintendent of public instruction twice as many persons as are to be appointed, from whom, if satisfactory to him, he shall appoint the required number to act in the board, as trustees on the part of the state; but if the nominations so made be not satisfactory to the said superintendent of public instruction, he shall, with the advice and consent of the governor, choose others deemed more suitable. 166. At the first annual meeting, after the passage of this act, of the contributors or stockholders of all normal schools now acting as state institutions, and at a meeting of the contributors or stockholders of all normal school associations applying to the proper authorities for recognition as state normal schools, twelve persons shall be elected trustees on the part of such contributors or stockholders, four to serve for one year, four for two years, four for three years; and thereafter only four persons are to be elected annually, to serve for three years; and at the same time, said meetings of contributors or stockholders shall nominate twelve persons to the superintendent of public instruction, from whom, if satisfactory, or if not, as hereinbefore directed, he shall appoint two trustees, to serve for one year, two for two years, two for three years; the nominations for all subsequent years being limited to four, and the appointments to two, to serve for three years. 167. Seven trustees shall be necessary to constitute a quorum to do business; and after the approval provided for in section seventh of the act of 1857, (x) all changes in by-laws and rules for regulating the proceedings of the board must be approved by the superintendent of public instruction. 168. The powers and privileges of the two classes of trustees in the board shall be the same; but it shall require a three-fourths vote of all the trustees present at any meeting of the board to pass any motion or resolution on which the yeas and nays are called.(y) 169. All state appropriations made directly to normal schools, shall be distributed through a commission consisting of the governor, the superintendent of public instruction and the attorney-general, on such conditions as shall protect the interests of the state, and to do exact and equal justice to the several schools; and the conditions of all such appropriations, when made to aid students in becoming teachers, shall be fixed by the law making them. 170. No institution shall hereafter be recognized as a state normal school, with an indebtedness exceeding one-third of the value of the property belonging thereto, nor without being fully provided with buildings, furniture and apparatus as the law requires. 171. No person shall graduate at a state normal school, or receive a state certificate as a practical teacher, unless by the affirmative vote of four out of five members of the board of examiners. 172. A meeting of the principals of the several normal schools, for the purpose of fixing upon a general course of study, and arranging other matters coming within their jurisdiction as a body, shall be called at Harrisburg, by the superintendent of public instruction, whenever he shall deem it necessary, or upon a request so to do, made by three principals of state normal schools. 173. That so much of the sixth section of the act to which this is a supplement, (y) as provides that it shall require a three-fourths vote of all the trustees Powers of trustees present at any meeting of the board, to pass any motion or resolution on which the yeas and nays are called, be and the same is hereby repealed, except so far as relates to any motion or resolution for the sale of real estate belonging to the corporation, or for the purchase of real estate by the corporation, or for creating any lien on said real estate by payment (judgment) or mortgage, or for the expenditure of moneys appropriated by the state, where such expenditure is not specifically designated by law, or for the surrender of the franchises of the corporation: Provided, That at any such meeting, a majority of the whole board of trustees be present. (x) Supra 152. XVI. High schools. 174. The board of controllers or directors of school districts which are composed of cities or boroughs divided into wards for school purposes, or boroughs not divided into wards for school purposes, having a population of five thousand or over, shall, in addition to the powers and duties conferred or enjoined by the act of the eighth day of May, one thousand eight hundred and fifty-four, and the supplements thereto, possess the following powers and perform the following duties:(2) (y) See infra 173. 1887, P. L. 104. See acts 25 April 1889, P. L. 53, and 8 (z) This act is an amendment of the act 13 May May 1889, P. L. 124, which are hereby supplied. COMMON SCHOOLS. 175. They may establish a public high school. 26 May 1893 Cl. 1. school. Ibid. Cl. 2. mitted. Ibid. Cl. 3. 176. They shall admit to said public high school all children under the age of twenty-one years residing within said school district, who shall be found qualified May establish high for admission thereto after having undergone such an examination as shall be prescribed by the said board of controllers: Provided, Said board of controllers or directors shall have power to prescribe the terms upon which other children than Who shall be adthose residing in said district shall be allowed to attend said public high school. Supervision over 177. They shall exercise a general supervision over said public high school, appoint all the teachers therefor, fix the amount of their salaries, and shall have power to dismiss any teacher at any time for incompetency, cruelty, negligence, high school. immorality or other cause; they may suspend or expel from said school all Powers over teachpupils found guilty, on full examination and hearing, of refractory or incorrigibly ers and pupils. bad conduct, and shall have power to make all proper regulations and rules for the government and discipline of said school. 178. Said board of controllers or directors shall visit said public high school, by at least one of their number, at least once in each week, and cause the results of such visit to be entered on the minutes of said board of controllers. 179. They shall direct what branches of learning shall be taught and what books shall be used in said public high school. Ibid. Cl. 4. Ibid. Cl. 5. Ibid. Cl. 6. 180. The said board of controllers or directors shall not employ any person as teacher in said public high school unless such person shall produce such a certificate as would entitle him or her to teach in the ward schools, which certificate Qualifications of shall set forth the branches of learning which the holder thereof is qualified to teach, and provided no teacher shall be employed in teaching any branch of learning other than those enumerated in his or her certificate. teachers. Ibid. Cl. 7. of term. Ibid. Cl. 8. 181. The said board of controllers or directors shall maintain and operate said public high school, not exceeding ten months in each year, and shall pay all the Maximum length necessary expenses thereof by drafts on the treasurer of said board signed by the president and attested by the secretary thereof. 182. They shall have power to purchase, procure and hold such real and per- Power to purchase sonal property as may be necessary for the establishment and support of said public high school, and the same to sell, alien and dispose of, when no longer necessary estate. for the purposes aforesaid: Provided, Said real estate shall not exceed one hundred Value of real thousand dollars. or convey real estate. Ibid. Cl. 9. 183. They shall cause suitable lots of ground to be procured and suitable buildings to be erected thereon for the accommodation of said public high school, and Grounds and buildshall keep the same in repair, and shall cause to be rented a suitable building for ings. the temporary accommodation of said public high school until a suitable, permanent building can be obtained. Ibid. Cl. 10. Power of eminent before entry 184. Whenever said board of controllers or directors shall be unable to procure an eligible site for the erection of said public high school by agreement of the owner or owners of the land, it shall and may be lawful for said board of con- domain. trollers or directors to enter upon and occupy sufficient ground for such purpose, but before doing so, said board of controllers or directors shall tender to such Shall tender bond owner or owners the bond of said school district conditioned for the payment of the damages suffered by said owner or owners by reason of such entry and occupancy when finally ascertained; if the owner refuse to accept said bond, or cannot be found, or is not sui juris, the same shall then be presented to the court of common pleas of the proper county for its approval, after notice to the property owner by advertisement in a newspaper of said county at least once a week for three weeks. Upon approval of said bond, and its being filed, the right of said board of controllers or directors to enter upon said land shall be complete. Ibid. 185. Either said board of controllers or directors, or said owner or owners of said land may, within twenty days from the approval of said bond, apply by peti- Petition for aption to the court of common pleas of the proper county for the appointment of pointment of viewers, and thereupon said court shall appoint three disinterested citizens of said viewers. county, and not owners of property or residents in said school district, and appoint sworn. a time not less than twenty or more than thirty days thereafter, when said viewers When viewers amount of dam ages. tax. P. L. 146. Levying of tax in boroughs not divided into wards. 26 May 1893 Cl. 11. 186. The councils of any such city or boroughs divided into wards for school purposes referred to in the first section of this act, shall at any time, not oftener Councils shall levy than once in each school year, levy a special tax for such amount as the said board of controllers or directors may by resolution duly passed fix and determine, to be called, "The public high school building tax," not exceeding the amount of one mill in any one year; boroughs not divided into wards for school purposes mentioned in this act shall levy and collect said high school tax as they levy and collect other school tax, without the intervention of the borough council aforesaid, to be applied solely to the purpose of purchasing or paying for the ground and the erection of a school building thereon and the repair of the same, which tax shall be levied and collected at the same time and in the same manner and with like authority as other taxes are levied and collected for school purposes in the respective districts to which this act shall apply. Ibid. Cl. 12. May borrow money and issue bonds therefor. Proviso. 10 June 1881 § 1. P. L. 116. Establishment of joint schools. Ibid. § 2. 187. For the purpose of erecting such school building, or purchasing or procuring grounds whereon to erect such school building as provided by this act, it shall be lawful for said board of controllers or directors to borrow money at a rate of interest not exceeding six per centum, and issue bonds therefor, in sums not less than one hundred dollars, which bonds may be registered in such manner as the said board of controllers or directors may hereafter provide: Provided, That this act shall not apply to school districts governed by special act of assembly. XVII. Joint schools. 188. It shall be lawful for the boards of school directors of school districts of different counties or townships, adjoining each other, to establish joint schools on or near the county or township line for parts of said districts, upon petition of not less than twenty taxables of said adjoining districts, whenever, by reason of natural difficulties and distance from the schools of the said district, it becomes desirable and proper to so establish the same. 189. The said boards of directors, for the purpose aforesaid, shall meet jointly, and are hereby empowered to exercise the same authority as in case of the estabboards of directors. lishment of joint schools for districts of the same county; all proceedings in relation thereto to be spread at large upon the minutes of the respective boards. Joint meeting of 22 May 1883 § 1. P. L. 37. When evening schools to be opened. Branches to be taught. Term. Ibid. § 2. XVIII. Evening schools. 190. It shall be the duty of the board of school directors or school controllers of any school district in this commonwealth, upon the application of the parents of twenty or more pupils, above the age of six years, residents of said school district, to open a free evening school for their tuition in orthography, reading, writing, arithmetic, and such other branches as may be deemed advisable, and to keep open said schools for a term of not less than four months in each year, each of the said months to consist of twenty days, and each of said days an evening session of at least two hours: Provided, however, That when the average daily attendance for one month falls below fifteen daily, said board of school directors or school controllers may, at their option, close said evening school for the remainder of said term. 191. Upon such application, the board of school directors or school controllers shall proceed, without unnecessary delay, to hire a competent teacher, and open To be opened with- said evening school in a convenient location: Provided, however, That two or out delay. more contiguous school districts may, at any time, unite in the establishment and support of one or more evening schools, and contribute pro rata to the expense of their maintenance. 192. The qualifications of teachers for said evening schools shall be the same as those for the teachers of the public schools of the commonwealth, as already made and provided, or as may hereafter be made and provided by law. 193. The expenses for the support and maintenance of said evening schools shall be defrayed out of the taxes raised for the support of the common schools: Provided, That said school board may, in making their estimates for the school year, allow and set aside a certain sum for the support and maintenance of said evening schools, and levy and collect their tax rate accordingly. 194. The board of school directors or school controllers of any school district may, where necessary, establish an evening high school, and the board of school directors or school controllers of two or more contiguous school districts may unite for the establishment and support of an evening high school; the curriculum of which shall be drawn up and arranged by the several school boards, in joint session met and assembled, according to their best judgment and the necessities of their respective districts. 195. No pupil shall be admitted to said evening schools, who is unemployed during the day, or in actual attendance upon any school during the day, public or private. 196. As the average daily attendance [upon the evening schools] increases, additional teachers may be engaged and retained at the discretion of the school directors or controllers aforesaid. (a) 7 May 1889. P. L. 110. Additional teachers for evening P. L. 37. 197. Should any board of school directors, or controllers, neglect or refuse to carry out the provisions of this act, the petitioners aforesaid may present their schools. petition to the court of common pleas of the proper county, setting forth, that 22 May 1889 § 8. application had been made to the proper board of school directors or controllers Procedure on reas aforesaid, and that said board had neglected or refused to carry out the pro- fusal to establish visions of this act; whereupon, such court shall, after due proof of notice of the an evening school. presentation of such petition having been served upon the president and secretary Duties of the of such board, proceed to hear and determine as to the necessities and propriety of the establishment of such school or schools, and in its discretion order the board of school directors or controllers, to open and maintain such school or schools, with power to enforce such order by attachment or mandamus, at the discretion of the court. court. Ibid. § 9. When act to take 198. The provisions of this act shall not go in force until the beginning of the regular school year, Anno Domini 1883: Provided, That the provisions of this act shall not apply to any part or section of the state, where special provision exists effect. for night school. XIX. Sites for school-houses. P. L. 51. 199. Whenever the board of directors or controllers of any school district in 9 April 1867 § 1. this commonwealth shall be unable to procure such eligible sites for the erection of school-houses therein, as they may deem expedient, by agreement with the Rights of eminent owner or owners of the land, it shall and may be lawful for the board of directors, domain. in behalf of the district, to enter upon and occupy sufficient ground for the purpose, (b) which they shall designate and mark off, not exceeding in any case one acre, and to use and occupy the same for the purpose of erecting thereon a school house, with its necessary or convenient appurtenances; (c) and for all damage done How damages to and suffered, or which shall accrue to the owner or owners of such land, by reason be assessed. of the taking of the same for the purposes aforesaid, the funds of the district which may be raised by taxation, shall be pledged and deemed as security. And it shall and may be lawful for the court of common pleas of the proper county, on application thereto, by petition, either by the said school district, through the president and secretary of the board of directors, or by the owner or owners of said land, or any one of them, in behalf of all, to appoint a jury of viewers, consisting of three discreet and disinterested citizens of said county, who shall not be the owners of property or residents in the school district in which such land is taken, as aforesaid, and appoint a time not less than twenty, nor more than thirty days thereafter, for said viewers to meet upon said land; of which time and place ten days' notice shall be given by the petitioners, to the said viewers and the other party; and the said viewers, or any of them, having been first duly sworn or affirmed, faithfully, justly and impartially to decide, and a true report to make, concerning all matters and things to be submitted to them; and having viewed the premises, they shall establish and determine the quantity and value of said land so taken, to be used for the purposes aforesaid, and after having made a fair and just computation of the advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damages has been or may be sustained, and to whom payable, and make report thereof to said court; and if damages be awarded and the report be confirmed by the said court, judgment shall be entered thereon; and if the amount thereof be not paid within thirty days after the entry of said judgment, execution to enforce the collection thereof may be issued, as in other cases of judgment against school districts; and each viewer shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein prescribed, to be paid by such district: Provided, That either Reviews. party shall have the right to have reviewers appointed by said court.(d) P. L. 25. taken for educa 200. Whenever any county shall have had, or may hereafter have, land con- 4 April 1889 § 1. veyed to it, for its use, or to be appropriated to the public buildings thereof and for educational purposes, and there shall be more of such land than is necessary to Lands owned by be used and occupied for such public buildings, and more of such land than is so county may be used and occupied, it shall and may be lawful for the directors or controllers of tional purposes. any school district to enter upon and occupy sufficient of such land for the erection of a public school house or houses, and to use and occupy the same for the purpose of erecting, and to erect thereon a public school house or houses, with the necessary or convenient appurtenances.(e) (a) This is an amendment of the act 22 May 1883, $7. P. L. 37. (b) This act is constitutional. Long v. Fuller, 68 P. S. 170. (c) They may take improved town lots for school purposes, under this act." Ferree v. School District, 76 P. S. 376. They may take land for the purpose of enlarging a lot on which a school-house is already erected. Thompson v. East Marlborough School Dis trict, 3 Luz. L. Reg. 198. Or for enlarging the site of an intended school-house. Ferree v. School District, 76 P. S. 378. (d) This act does not apply to Philadelphia, but the board of education in cities of the first class have been granted the right of eminent domain by the act 25 April 1889, P. L. 50. See tit. "Municipal Corporations." (e) This act does not authorize the use for school |