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4 April 1889 § 2. P. L. 25.

Damages, how secured.

Ibid. § 3.

viewers.

Notice.

201. For all damage done or suffered, or which shall accrue to the county holding or owning such land, by reason of the taking of the same for the purposes aforesaid, the funds of the district taking such land, which may be raised by taxation, shall be pledged and deemed as security.

202. It shall and may be lawful for the court of quarter sessions of the county wherein such land is situate, upon the petition either by the school district Court to appoint through the principal officer or officers thereof, or by the county holding or owning such land, through the principal offices or officers thereof, to appoint a jury of viewers, consisting of three disinterested citizens, not residents of nor owners of property in the county or district in which such land is situate, and to fix a time, within sixty days thereafter, for said viewers to meet upon said land, of which time and place of meeting not less than ten days' notice shall be given to the said viewers and to the other party, by the petitioners, and the said viewers or any of them, having been first duly sworn or affirmed, faithfully 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, shall establish and determine the quantity and value of such land so taken and 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 damage has been or may be sustained, and to whom the same is payable, and make report thereof to the said court. And if damage 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 ninety days after the entry of said judgment, execution may be issued to enforce the collection thereof, as in other judgments against school districts.

Assessment of damages.

Report.

On confirmation judgment to be entered.

Compensation of viewers.

Ibid. § 4.

203. Each viewer shall be entitled to three dollars for every day necessarily employed, and five cents for each mile circular necessarily travelled, in the performance of the duties herein prescribed, to be paid by said district.

204. All acts and parts of acts inconsistent herewith be and the same are hereby

Repealing clause. repealed.

6 June 1893 § 1. P. L. 342.

Public burial

ground may be
taken.
See amendment

25 June 1895,
P. L. 290,
Supp. 2548.
Exception.

Ibid. § 2. Appointment of viewers.

Viewers to be

205. Whenever the board of directors or controllers of any school district in this commonwealth shall deem it desirable to occupy for purposes of common school education any ground therein used as a public burial-place, or conveyed in fee to a municipal corporation to be kept as a public burial-place, such board may, by resolution passed by the affirmative vote of at least four-fifths of all the members thereof, and duly entered on the minutes, declare its intention to take, use and occupy the same for the purposes aforesaid, designating the same in said resolution by metes and bounds: Provided, No more than one-half acre of ground shall at any one time be so taken, used or occupied: And provided, This act shall not apply to burial-grounds of religious societies, churches or congregations, or of private corporations or associations, nor to portions thereof devoted to public use or the burial of the poor, nor to burial-grounds on or connected with almshouse properties.

206. After the passage of said resolution, the court of common pleas of the proper county shall, on application of said board through its president, appoint three discreet citizens of the county in which said school district is located as viewers to view and ascertain the damages done, and likely to be done, by reason of such taking, use and occupancy, and shall appoint a time, not less than thirty nor more than sixty days thereafter, for said viewers to meet at or upon the Notice of meeting. premises so to be taken, used and occupied, of which time and place notice shall be given by said board of said viewers and to all parties interested, by publication for four successive weeks prior to the day of meeting, in not more than four nor less than two newspapers published in said county. The said viewers or any two sworn or affirmed. 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 submitted to them, and in relation to which they are authorized by law to inquire, and having viewed the premises shall establish and determine the quantity of said land so to be taken, used and occupied for the purposes aforesaid, and after having made a fair and just comparison of the advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damages has been and seems likely to be sustained by reason of such taking, use and occupancy, 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 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 two dollars per day for every day necessarily employed in the duties herein prescribed, to be paid by the school district.

To determine quantity of land to be taken.

To estimate amount of damages.

Report.

Collection of damages.

Pay of viewers.

Ibid. § 3. Appeal from report.

207. Upon the report of said viewers or any two of them being filed in said court, any party interested may, within thirty days thereafter, except to the same, or file his, her, its or their appeal from the same to said court. Such appeal shall

purposes of a lot conveyed to the county for the use of its public buildings, an academy, and for the erection of a church. Tarbell's Appeal, 129 P. S. 146.

COMMON SCHOOLS.

6 June 1893 § 3.
P. L. 342.

be in writing and accompanied by an affidavit of the appellant, or his, her, its or
their agent, chief officer or attorney, that the same is not taken for the purpose of
delay, but because the affiant firmly believes that injustice has been done; after Form of issue.
such appeal either party may put the cause at issue in the form directed by said Trial and appeal
court, and the same may be tried by said court and a jury, and said proceedings to Supreme Court.
Ibid. § 4.
shall be with the same right of appeal to the Supreme Court as in other cases.

208. After the damages so finally determined upon, if any there be, shall have been paid to the parties in whose favor they are adjudged, or to the persons legally when land may be entitled thereto, such school district may, by its board of directors or controllers, as occupied. the case may be, or by any person, contractor, agent, employé or officer thereto authorized by said board, enter upon, take, use and occupy such ground and erect building thereon, and do all things necessary and convenient for the purposes aforesaid: Provided, That before entering upon, using or occupying the same, four Removal of bodies. See amendment weeks' notice shall be given by the board by publication in manner hereinbefore 25 June 1895, set forth, within which time any person having any relative or kindred buried in Supp. 2549. such burial-place may designate where the same are buried and make demand upon P. L. 290, said board or the president thereof that the remains of such relative or kindred be removed therefrom and separately interred elsewhere and marked with substantial stones, with appropriate inscriptions thereon, at the proper expense and charge of Expenses. said school district, which said demand shall be complied with before the commencement of the erection of any building on said grounds, and said school district shall, if necessary, purchase other land, not more than twice the amount so to be taken, for the purpose of re-interring therein the remains of persons buried in the ground to be taken, and all remains so far as they can be found shall be removed to the grounds so purchased, or elsewhere, and interred in an orderly and decorous manner at expense of said district, and any grounds so purchased may thereafter be used as a public burial-place in like manner as the property taken.

XX. School-houses.

8 May 1854 § 15. P. L. 627. Superintendent to

209. The superintendent of common schools shall be authorized to employ a competent person or persons to submit and propose plans and drawings for a school architecture for different grades and classes of school buildings, that shall be adapted for furnishing good light and healthful ventilation; and if such plans procure plans for and drawings are approved by the superintendent of common schools, he is hereby directed to have them engraved and printed, with full specifications and estimates for building in accordance therewith, and shall furnish a copy of the same to each school district.

school-houses.

6 June 1893 § 1. P. L. 339.

210. Boards of school directors and controllers shall provide suitable and convenient water-closets for each of the schools under their official jurisdiction, not less than two for each school or school building where both sexes are in attendance, Water-closets to each school. in their respective school districts, with separate means of access for each, and be provided for How they shall be unless placed at a remote distance one from the other, the approaches or walks thereto shall be separated by a substantial, close fence, not less than seven feet in arranged. height, and it shall be the duty of the directors or controllers to make provisions for keeping the water-closets in a clean, comfortable and healthful condition.

Ibid. § 2.

211. Any failure on the part of school directors or controllers to comply with Failure to comply the provisions of this act shall make them liable to be removed from office by the court of quarter sessions of the county in which the schools are located, upon com- with requirements plaint made to the court, under oath or affirmation, of not less than five taxable of this act to be citizens resident in the school district in which the school is located.

cause for removal.

P. L. 880.

212. Whenever the school directors or controllers of any city, borough, township 6 June 1893 § 1. or independent school district shall wilfully neglect or refuse to provide suitable houses, rooms or buildings in and for any school district within their jurisdiction, Appointment of and under their supervision and control, with ample room and seating capacity for inspectors. the reasonable and convenient accommodation of all the school children residing within the district who may be in attendance, or who desire to attend the school or schools therein, then ten or more taxable citizens, residents of the said district, may set forth in writing the facts in the case, under oath or affirmation of at least six persons who sign the statement, and petition the court of common pleas of the county in which said school district is situated, or in vacation any judge of the said court, for the appointment of a competent inspector, and the court or judge thereof may appoint such inspector, whose duty it shall be to visit the district by order of Duty. the court or judge thereof, and inquire into the facts set forth in the complaint submitted, giving due notice to the members of the board of directors against whom the complaint for neglect of duty is made, and to other persons concerned, and the said inspector shall report to the court or proper judge thereof, under oath To report to the or affirmation, of the result of his personal inspection and investigation, accompa- court result of pernied by statements of facts and proofs obtained in the case.

sonal inspection.

Ibid. § 2.

To hear allega

213. If, after hearing the allegations and proofs offered to substantiate the charges set forth in the complaint or to disprove them, and after having fully and diligently inquired into all the facts and circumstances bearing on the case in point, the afore- tions and proofs. said inspector finds that the directors or controllers have refused, neglected or

P. L. 330.

Rule upon direct

ors to show cause why they should not be removed.

6 June 1893 § 2. failed, without valid cause for such refusal, neglect or failure on their part, to provide and maintain suitable and adequate accommodations for the school children of the district as the law requires, he shall so report to the court or to the judge appointing him, and the court in such case is hereby authorized and empowered to grant a rule upon the directors and controllers then having jurisdiction in the district, or such of them as have wilfully neglected or failed without justifiable excuse to perform the duties enjoined upon them by law, to show cause why the court or the judge thereof should not remove them from office and appoint others in their stead, until the next annual election for directors.

19 May 1887.

P. L. 139.

Minimum school term fixed at six

months.

Proviso.

25 June 1885. P. L. 176.

Twenty days'

XXI. School term.

214. The minimum school term shall be six months, and after the close of the school year ending on the first Monday of June, one thousand eight hundred and eighty-seven, school directors or controllers shall keep the schools of their respective districts in operation at least six months each year: Provided, That the length of the annual term may remain as at present in districts where the maximum amount of tax allowed by law to be levied for school purposes shall be found insufficient to keep the schools open a greater length of time.

215. A common-school month shall hereafter consist of twenty days' actual teaching, and no school shall be kept open in any district for the purpose of actual teaching to ordinary instruction on any Saturday, or on any legal holiday, or in any county, constitute a school during the time of holding the annual county institute therein.

month.

17 April 1865 § 1. P. L. 60.

ment of teachers.

216. Twenty-two days shall be held to be a school month,(g) and two Saturdays in each month, as the proper board shall designate, which two Saturdays shall be held to be a part of the school month, may, at the discretion, and by an affirmative Days for improve- vote of a majority of all the members of the board of directors or controllers, be appropriated to institutes for the improvement of the teachers of the said district: Provided, That in districts in which the schools are, or shall be kept open and in operation the maximum term now allowed by law, and the teachers employed by the year, the foregoing clause as to the number of days in the school month shall not apply any further, than that the reports and statistics of the school shall be kept in accordance therewith, and that district institutes may be held as thereby directed.(h)

Ibid. § 3. Presidents of boards to certify

to county superin

tendents.

intendent.

217. As soon as the schools of any district shall have closed for the school year, commencing on the first Monday in June preceding, the president of the board of directors or controllers shall certify, under oath or affirmation, as to the whole number of months the schools in their respective districts have been kept open and in operation, according to law; also that no teacher has been employed for or had charge of any of the schools of said district, during the year, who had not a valid certificate from the county superintendent, together with the name and post-office address of the district treasurer, and shall forward the same to the County superincounty superintendent, who shall immediately approve said certificate, if found to tendents to trans- be correct, and transmit it to the state superintendent of common schools; if it mit to state super- shall appear by said certificate, that the schools of the district have been kept open and in operation, according to law, at least four months subsequent to the first Monday in June preceding, and that no teacher has had charge of any of the schools of the district, during the whole time they have been kept open during the year, who had not a valid certificate from the county superintendent, the state superintendent shall draw his warrant upon the state treasurer, for the whole amount which such district is entitled to receive from the annual state appropriaWarrants for state tion: Provided, That the board of directors or controllers shall, at the same time, appropriation. forward to the county superintendent, a report of the condition of the schools in their respective districts, as directed in the 23d section of the act of May 8th, 1854: And provided further, That said certificate and report shall have been transmitted to the superintendent of common schools, on or before the 15th day of July of the school year succeeding the one for which the certificate and report were made.

9 April 1867 § 11. P. L. 55. Qualifications of teachers.

Ibid. § 12.

XXII. Teachers.

218. No teacher in this commonwealth shall receive from a county, city or borough superintendent, a certificate as a teacher, who has not a fair knowledge of orthography, reading, writing, geography, English grammar, mental and written arithmetic, history of the United States, and the theory of teaching; nor shall such certificate be given to any person who is in the habit of using, as a beverage, any intoxicating drinks; and all certificates given to teachers, shall set forth the branches in which those holding them have been found proficient, and indicate by suitable marks the degree of that proficiency.

219. County, city or borough superintendents shall issue two grades of teachers' certificates, one of which shall be called a provisional certificate, and shall be given

(g) Twenty days, by the act 25 June 1885, P. L. 176, supra.

(h) Repealed as to Westmoreland county, by act 11 April 1866. P. L. 656.

P. L. 55.

tificates.

to applicants possessing a fair knowledge of the branches named in section eleven, 9 April 1867 § 12. or to those who, possessing a thorough knowledge of the branches, have little or no experience in teaching, and shall license the holder to teach in the county, city Grades. or borough, where issued, for one year, and which shall not be renewed without a Provisional certifire-examination; and the other shall be called a professional certificate, and shall cates. be given only to those who possess a thorough knowledge of the branches above Professional cernamed, and who have had successful experience in teaching, and shall license the holder to teach in the county, city or borough where issued, during the official term of the county, city or borough superintendent issuing it, and for one year thereafter: Provided, That all so-called professional certificates, heretofore issued by any county, city or borough superintendent, shall cease to be valid on the first Monday of June 1868, except those issued since the first Monday of June 1866; which certificates shall be valid as long as others issued during the present term of the superintendency: Provided, That any professional certificate may be renewed Renewals. by a county, city or borough superintendent, without re-examination, after having fully satisfied himself, by personal observation, in his or her school, of the competency and skill, as a teacher, of the person holding it: And provided further,

See amendment
28 June 1895,
P. L. 417,
Supp. 2550.

That the state superintendent of common schools shall cause to be prepared a new Permanent certifigrade of teachers' certificate, to be called a permanent certificate, which shall be cates. granted by him to practical teachers holding professional certificates, upon the recommendation of the board or boards of directors, in whose employment the To whom granted. applicant shall have taught for the three preceding annual school terms, which shall be countersigned by the proper county, city or borough superintendent in office when the application shall be made and approved, after examination, if they deem it necessary, by a committee of five teachers, a part of whom may be females, holding permanent certificates, if there be that many holding such certificates; but if there be none, or not a sufficient number of that grade of teachers, the committee shall be constituted wholly, or in part, as the case may be, of teachers holding professional certificates; said committee to be elected by ballot, by the members of the teachers' institute, at its annual session, from the same county, city or borough in which the applicant resides at the time of making the application; and such permanent certificate shall continue to be valid in such county, city or borough, Effect thereof. unless forfeited according to the provisions of this act, and shall also entitle the holder to teach one year, in any other county, city or borough in this commonwealth without a re-examination; at the end of which time it may be indorsed by the proper county, city or borough superintendent, if, from personal knowledge, he deem it worthily held, and shall then confer upon the holder the same rank and When and how privileges as in the county where issued; and such permanent certificate shall only annulled. be annulled, upon complaint, duly proven, of incompetency, cruelty, negligence or immorality, made to the state superintendent of common schools, by a county, city or borough superintendent and a committee of teachers elected and constituted as aforesaid.

P. L. 110.

220. Permanent certificates shall be granted by the state superintendent to 23 May 1878 § 1. teachers in the employment of directors of cities of the fifth class, and holding professional certificates, upon the recommendation of the board or boards of directors Permanent certifiin whose employment the applicant shall have taught for the three preceding annual cates to be issued school terms, and after a favorable examination by a committee of five teachers in certain cities. holding permanent or professional certificates, to be elected annually by the city institute, which recommendation shall be indorsed by the proper city superintendent in office when the application shall be made; such permanent certificates to be as valid and entitle the holder to all the privileges conferred by a permanent certificate, issued by the state superintendent in obedience to a recommendation, countersigned by the proper county superintendent, and approved by a committee of five teachers to be elected at the annual county institute: Provided, That cities of the fifth class which are county seats shall not be included in the provisions of this act.

P. L. 36.

221. Permanent certificates shall be granted by the state superintendent to 22 May 1888 § 1. teachers in the employment of directors of cities of the fourth class, and holding professional certificates upon the recommendation of the board or boards of directors, in whose employment the applicant shall have taught for the three preceding annual terms, and after a favorable examination by a committee of five teachers holding permanent or professional certificates, to be elected annually by the district institute of said cities, organized under the provisions of the act of assembly of this commonwealth passed April 17th, 1865, entitled, "A further supplement to an act for the regulation and continuance of a system of education by common schools," approved the 8th day of May, Anno Domini 1854, relative to district institutes; which recommendation shall be indorsed by the proper city superintendent in office, when the application shall be made; such permanent certificates to be as valid and entitle the holder to all privileges conferred by a permanent certificate issued by the state superintendent in obedience to a recommendation countersigned by the proper county superintendent, and approved by a committee of five teachers, to be elected at the annual county institute: Provided,

22 May 1888 § 1. That this act shall apply only to such cities as shall elect superintendents under the provisions of the act of April 9th, 1867.

P. L. 36.

22 June 1883 § 1. P. L. 156.

222. All examinations for permanent certificates for teachers in the common schools, shall be by written questions and answers; and in case the examination of Examination to be the applicant is satisfactory to the committee of teachers on permanent certificates, by written ques- the list of questions and answers, with all other papers accompanying the applications and answers. tion, shall be forwarded to the department of public instruction, and if approved To be approved by superintendent. by the superintendent of public instruction, he shall issue and forward to the applicant a permanent certificate, in accordance with the recommendation made by the committee, as now required by law: Provided, That the questions shall be answered immediately and in the presence of the committee.

Ibid. § 2.

When permanent certificates shall be valid.

Exceptions.

2 April 1885 § 3. P. L. 7. Qualifications of teachers.

25 June 1885. P. L. 175.

for two or three years.

223. Any permanent certificate granted or hereafter issued on the recommendation of a committee of teachers, duly elected at the annual session of the county institute, shall be a valid certificate, and shall continue to be valid in all the districts of the county where issued, including the several cities and boroughs within the county, except such cities and boroughs as may be authorized by law to hold separate annual teachers' institutes, and empowered to recommend the granting of permanent certificates, which certificate shall be valid only in the city or borough where issued.

224. No certificate shall be granted any person to teach in the public schools of the commonwealth, or in any of the educational institutions receiving money from the commonwealth, after the first Monday of June, Anno Domini one thousand eight hundred and eighty-six, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system.

225. Local school boards of the various townships, boroughs and wards, and boards of education, boards of control and other bodies having authority, under May be employed the laws of this commonwealth, to elect principals and assistant teachers of public high and state normal schools of said commonwealth, may elect principals and assistant teachers, holding the grade of "professional certificates," for two successive school terms, and those holding the grade of "permanent certificates," or diplomas, issued by state normal schools of this commonwealth, for three succesMay be dismissed sive school terms: Provided, That any of the aforesaid boards shall have

for cause.

10 May 1893 § 1. P. L. 39.

Permanent

teachers' certifi

cates to be

ates.

Conditions.

power, at any time, to dismiss any principal or assistant teacher in their employ, for any of the causes mentioned in the act of May eighth, one thousand eight hundred and fifty-four, of the school laws of this commonwealth.

226. After the passage of this act, the state superintendent of public instruction be empowered to and shall grant, without examination, permanent state teachers' certificates to all applicants therefor, who are graduates of recognized literary or scientific colleges legally empowered to confer the degrees of Bachelor of Arts granted to gradu- (B. A.), Master of Arts (M. A.), Bachelor of Science (B. S.), Master of Science and Bachelor of Philosophy (Ph. B.), and whose course of study embraces not less than four collegiate years: Provided, Said applicants are at least twenty-one years of age and have taught at least three full annual terms in the public schools of the commonwealth Provided further, That each applicant shall produce to the said state superintendent of public instruction a certificate from the school board or boards, countersigned by the county superintendent of the same county where he or she last taught, showing that the said applicant is a person of good moral character; has been successful as a teacher in the public schools during said term: And provided further, That said certificates shall be granted by the state superintendent of public instruction, after having received satisfactory evidence from the said applicants that they have complied with the requirements of this act.(i)

Ibid. § 2.

Superintendent of
Public Instruction.

Repealing clause.

8 May 1854 § 27. P. L. 621.

227. The forms of application shall be submitted by applicants, and the certificates to be issued in accordance with the provisions of this act shall be prescribed and determined by the superintendent of public instruction, and he shall have authority to annul such certificates granted by himself or predecessors in office, upon complaint duly proven, of incompetency, cruelty, negligence or immorality on the part of the holder thereof.

228. All acts or parts of acts inconsistent herewith are hereby repealed.

229. It shall be the duty of every teacher employed under the provisions of this act, to make out and file with the board of directors or controllers of the disTeachers to report trict, at the end of each month, a report, setting forth the whole number of pupils monthly. attending school during the month, designating whether male or female, the number of days each attended, the books used, and branches taught; and until such report shall have been made, it shall not be lawful for the board of directors to pay said teacher for his or her services. The reports made in pursuance of the foregoing provisions, shall be regularly filed by the secretary of the board of directors or controllers, and shall at all times be subject to the inspection of any citizen of the district.

(i) The superintendent of public instruction is not required to grant, without examination, permanent certificates, except to graduates of colleges legally

empowered to confer degrees. Matter of College Graduates, 14 C. C. 108.

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