children between the ages of six and eighteen years in each county and in each city of the first and of the second class, with the number of such attending district schools, the average number of children that have attended district schools during the two years previous to July first of that year, the number that can read and write, the amount of school money raised by county taxation or otherwise, the amount expended for salaries of teachers and for building schoolhouses. 5. A comparison of the results of the two years then closing, with those of the years preceding, indicating the progress of public instruction; and, as far as can be ascertained, the number and condition of private schools, academies, and colleges in the state. ['96, pp. 471-2; '97, p. 113.

1779. Id. He shall append to his report such information relative to the system of public instruction, the schools, their annual revenues, and such other matters as he may deem proper. He shall include in his report statistical tables compiled from information transmitted to his office, with summaries, averages, and totals appended thereto; also a statement of the annual collections of school revenue, and his apportionment thereof; and when he deems it of sufficient interest, he shall append extracts from the correspondence of school officers, showing either the salutary or defective operation of the system. He shall furnish the United States commissioner of education at Washington such information as that officer may require. ['96, pp. 472-3; '97, pp. 113-14.

1780. Quarterly expense account of state superintendent. Allowance. Books, etc., to successor. At the end of each quarter year he shall file with the state board of examiners an itemized account of his expenses verified by his oath. The said board shall examine the same, and, if the account is found to be correct and the expenditures necessary, shall certify the same to the state auditor, who shall issue a warrant to the state treasurer for the amount due on such account, and for one-fourth of the superintendent's annual salary, and shall charge the same to the state district school fund. At the expiration of his term of office, he shall deliver to his successor all books, records, documents, maps, reports, papers, and other articles pertaining to his office. ['96, p. 473; '97, p.

114.

1781. May call convention of school superintendents. Traveling expenses. The state superintendent shall have power to call biennially a convention of county and city superintendents, to assemble at such time and place as he shall deem most convenient, for the discussion of questions pertaining to the supervision and administration of the public schools, the laws relating thereto, and such other subjects affecting the welfare and interest of the public schools as shall properly be brought before it. It is hereby made the duty of all county and city superintendents to attend such conventions when called. The actual traveling expenses of county superintendents for attending such conventions shall be allowed by the board of county commissioners, and paid out of the same fund as the salaries of county superintendents. The actual traveling expenses of city superintendents attending such convention shall be allowed and paid out of the same fund as salaries of city superintendents. ['96, p. 473; '97, p. 114. Annual county convention, 1793. Superintendent may call text book convention, 1855.

CHAPTER 3.

COUNTY SUPERINTENDENTS,

1782. Election of county superintendents. Term.

Oath and

bond. At the time of the election for school trustees in the year eighteen hundred and ninety-eight, and biennially thereafter, there shall be elected for each

county in the state, a county superintendent of district schools, who shall be the holder of a valid certificate not lower than the grammar grade, and shall be a qualified elector in said county. His term of office shall be two years and until his successor is elected and qualified. He shall take office at twelve o'clock m. of the first Monday of August next succeeding his election. The present incumbents shall hold office until their successors are elected and qualified. Before entering upon the duties of his office, he shall qualify by taking and subscribing the oath of office and giving a bond for the faithful discharge of his duties, in the penal sum of one thousand dollars, with sureties to be approved by the county clerk, which oath and bond shall be filed with said clerk; provided, that voters residing within the limits of cities of the first and of the second class shall not be permitted to vote for the election of county superintendents. ['96, pp. 473–4*;

'97, pp. 114-15.

Canvass of vote for county superintendent, 545.

1783. To superintend county schools. The county superintendent shall have the general superintendence of all district schools in his county, except in cities of the first and of the second class. ['96, p. 474; '97, p. 115.

1784. Boundaries of school districts to be fixed. It shall be the duty of every county superintendent to ascertain whether the boundaries of the school districts in his county are definitely and plainly described in the records of the board of county commissioners, and to keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting or incorrectly described, he shall immediately report the fact to the board of county commissioners, who shall change said boundaries so as to make them harmonize. ['96, p. 474; '97, p. 115.

1785. County superintendent to visit schools. Record. He shall visit every district school under his supervision within the county at least twice in each school year, and oftener if necessary to increase its usefulness. He shall at such visits carefully observe the condition of the school, the mental and moral instruction given, the methods employed by the teacher, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, government, and discipline of the school and prescribe the course of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teacher's ability to teach and govern, and the conditions and progress of the school, which information shall be used for or against teachers at the time of their examination for certificates. ['96, p. 474; '97, p. 115.

1786. To keep records. Delivery to successor. He shall keep a record of all his official acts, preserve all books, maps, charts, and apparatus belonging to his office, file all reports and statements from teachers and school trustees, and deliver them to his successor in office. ['96, p. 474; '97, p. 116.

1787. May meet with school officers. Notice. The county superintendent may arrange for meetings with school officers at designated times and places, due notice of which shall be given, for the purpose of inspecting the district records, insuring their accuracy, and giving instruction in the manner of keeping the same and preparing the reports of district officers. ['96, pp. 474-5; '97, p. 116.

1788. Decide controversies. He shall decide all controversies pertaining to discipline arising in the administration of the school law in his county or appealed to him from the decision of school trustees. ['96, p. 475; '97, p. 116. Decisions of state superintendent, ? 1777.

1789. May administer oaths. The county superintendent shall have power to administer oaths of office to all subordinate school officers and witnesses and to examine them under oath in cases that may come before him for investigation, but he shall not receive pay for administering such oaths.

'97, p. 116.

['96. p. 475;

1790. To see that required instruction is given. He shall see that the pupils are instructed in the several branches of study required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction on any subject required by law, the county superintendent shall promptly report the fact to the county board of examiners, who, after due examination and inquiry, may revoke such teacher's certificate and cause him to be discharged. ['96, p. 475; '97, p. 116.

of

1791. To report to state superintendent. On or before the first Monday of August in each year, he shall make and transmit to the state superintendent reports, containing such census, statistical, and financial items as may be required by law or by the state department. Such reports shall include a list persons between five and thirty years of age, too deaf, too dumb, or too blind to obtain an education in the public schools, stating their names, ages, addresses, and the names of their parents. Such report shall be made upon and conform to the blanks furnished by said state superintendent for that purpose. He shall not receive any compensation for the last quarter in his official year until he presents to the board of county commissioners the state superintendent's receipt for such report. ['96, p. 475*; '97, p. 116.

1792. May appoint a deputy. The county superintendent may appoint a deputy, who shall be a qualified elector within said county, and for whose official acts and compensation he shall be responsible. ['96, p. 475; '97, p. 117,

the same.

1793. Annual teachers' institutes to be held. Expense. Union institutes. The county superintendent shall annually hold a teachers' institute for the instruction of teachers, and those who desire to teach, and procure such assistance as may be necessary to conduct the same. Said institute shall be held at such times as the district schools in the county are generally closed, and it shall be the duty of the county superintendent to see that all teachers in his County and the state superintendent are notified of the time and place of holding Such institute shall hold a session of not less than two nor more than ten days. The actual expense of holding the institute, which shall not exceed one hundred dollars in any one year, shall be paid out of the county school fund, upon the warrant of the county superintendent accompanied with vouchers showing to whom and for what purpose the money was paid. Under the direction of the state superintendent, union institutes may be held by two or more counties with an additional expense of not more than fifty dollars for each additional county represented, the whole expense thereof to be divided equally among the counties so represented; provided, that institute meetings held once or twice a month during each year shall be equivalent to the institute mentioned in this section. ['96, pp. 475-6; '97, p. 117.

State convention of superintendents, 1781.

The

1794. County board of examiners. Appointment of associates. Compensation. The county superintendent, together with two other persons practically experienced as teachers, shall constitute the county board of examiners. The county superintendent shall be the chairman of the board. The associate examiners shall be residents of the county in which they are to serve, and shall be appointed by the county superintendent for a term of one year. county superintendent shall have power to remove them, or either of them, for misconduct and incapacity, and to fill any vacancies occurring in the office of either of the said two appointees. The two appointees shall be paid for their services from the county school funds upon the warrant of the county superintendent approved by the board of county commissioners. ['96, p. 476; '97. p. 117. State examinations and certificates, ?? 1764–1768; city examinations and certificates, ?? 1916-1926. 1795. Id. To hold teachers' examinations. Certificates. The County board of examiners shall hold teachers examinations during each year,

at such times as the chairman may direct. If from the percentage of correct answers required by the rules and other evidences disclosed by the examination, including particularly the superintendent's knowledge and information of the candidate's experience and ability as a teacher, the applicant is found to be a person of good moral character and to possess such knowledge and understanding, together with aptness to teach and govern, as will enable the applicant to teach successfully in the district schools of the state the various branches required by law, said board of examiners shall grant such applicant a certificate of qualification. ['96, pp. 476-7; '97, pp. 117-18.

1796. County certificates. Qualifications necessary. Temporary and special certificates. The certificates issued by the county board of examiners shall be of two grades, county grammar and county primary, and shall be valid for one year, but may be renewed year by year without examination under such regulations as the board may provide. All certificates heretofore granted shall be valid for the full term for which they were issued. No certificate shall be granted unless the applicant be found proficient in pedagogy, and qualified to teach the following branches of common English education, namely: reading, writing, spelling, English grammar, geography, United States history, arithmetic, physiology and hygiene, nature studies, and drawing. The percentage required to pass in any branch shall be prescribed by the board of examiners. In addition to the regular grades of certificates, the county superintendent may grant a temporary certificate, valid until the next regular meeting of the board, but in no case shall such certificate be granted to the same person more than once; provided, that special certificates may be issued for one year by the board of examiners to teachers of special branches. ['96, p. 477; '97, p. 118.

1797. Id. Where valid. No county certificate to teach shall be granted to any person under eighteen years of age. The certificates issued by county boards shall be valid only in the county where issued. ['96, p. 477; '97, p. 118.

1798. Teacher must hold certificate. Revocation. No person shall be employed or permitted to teach in any of the district schools of the state who is not the holder of a lawful certificate of qualification. Any contract made in violation of this section shall be void. All boards of examiners are authorized and required to revoke, for immoral or unprofessional conduct or evident unfitness for teaching, any certificate granted by them. ['96, p. 477; '97, p. 118. Teacher not holding lawful certificate not entitled to compensation, ? 1839.

CHAPTER 4.

SCHOOL DISTRICTS.

1799. Each school district a corporation. district or high school district now or hereafter created constituted a public corporation to be designated as high school district, as the case may be,) of

Powers. Every school

shall be and is hereby school district (or county, state of Utah, with its proper name inserted in the blank before the word school, and the proper name of the county inserted in the blank before the word county; and in its own proper name as such corporation may sue and be sued, contract and be contracted with, and it may acquire, purchase, convey, and hold real and personal property for school purposes. ['96, pp. 477-8; '97, p. 119.

1800. Extent of school district. Each county and each city, unless divided by proper authority, shall form a school district. ['96, p. 478: '97, p. 119.

For purpose of taxation the whole city considered one school district,

1934.

1801. County commissioners may create or modify, districts. Special taxes. The board of county commissioners of any county may create into a school district any territory not already so created, or may create a district out of a part or parts of one or more districts upon being petitioned so to do by as many residents of such territory as have the care and custody of not less than twenty school children of school age residing therein, or upon the recommendation of the county superintendent. The board of county commissioners may change the boundaries of, divide, and consolidate existing school districts. Whenever the board of county commissioners of any county shall divide, consolidate, or change the boundaries of existing school districts, such board shall have the power, as an incident to the division, consolidation, or change, equitably to adjust the property rights and burdens of the several districts affected thereby, by apportioning existing school property and debts, and by modifying or reapportioning taxes already voted, in such manner as the justice of the case shall, in the opinion of the board, demand. To accomplish the adjustment, the board of county commissioners may from time to time direct necessary special taxes to be levied and collected on particular areas of districts so changed. ['96, p. 478; '97, p. 119.

County commissioners may create districts, etc., 511, sub. 1. County commissioners may levy taxes, 511, sub. 37.

It is within the legislative authority to abolish and consolidate school districts and apportion their property. Raybould v. Hardy, 7 U. 368; 26 P. 982. The boundaries of a school district were extended

fifteen miles westward, taking in certain of defendant's property twenty-five miles away from the schoolhouse. The intervening country was mountainous and difficult to cross. Held, that the defendant's property was liable for the tax assessed upon it for school purposes. King v. U. C. Ry. Co., 6 U. 281; 22 P.158.

1802. Division of new county into school districts. In any county hereafter created the board of county commissioners thereof shall so divide the county, or any part thereof which has residing therein not less than twenty children of school age, into school districts as will best promote the permanent. interests of the district schools in the county, upon the same petitions and subject to the conditions and restrictions provided in the last preceding section. ['96, p. 478; '97, pp. 119-20.

1803. Trustees for new district. Whenever any new district shall be created by the board of county commissioners, said board shall forthwith appoint three trustees of said district, who shall be qualified electors therein, to serve until the next ensuing regular election for trustees. ['96, p. 478; '97, p. 120.

CHAPTER 5.

ELECTION OF TRUSTEES.

1804. Election of trustees and term of office. Oath and bond. Except in cities of the first and of the second class, there shall be held an annual election on the second Monday in July, in each school district. At such election there shall be elected by the registered voters residing in such school district, one school trustee to serve for the term of three years and until his successor is elected and qualified. In each newly organized district, at the first annual school election occurring after such organization, there shall be elected three trustees, one for three years, one for two years, and one for one year, and until their successors are elected and qualified; and annually thereafter there shall be elected, at such annual election, one trustee to hold office for three years and until his successor is elected and qualified. Trustees shall qualify by taking and subscribing the oath of office and giving bonds to the district in which they reside in such sums and with such sureties as the county clerk of the county wherein said school district is situated, may approve, conditioned for the faithful discharge of the