concurrence of a majority of the trustees of each township shall be necessary for the formation or alteration of any such district.

trict to be recor

Sec. 5. That it shall be the duty of the township trustees, Description and immediately after laying off or altering any district in their number of dis respective townships, to describe and number the same, and to ded by township deliver the number and description thereof to the clerk of the clerks township, who shall record the same in the township records; and when any district shall be laid off from two or more adjoining townships, or, being laid off, shall be altered, the num ber of such district, and a description of the several parts thereof, lying in the different townships, shall be signed by a majority of the trustees of each township, and a copy thereof delivered to the clerks of the respective townships, and by them recorded as aforesaid.

Sec. 6. That it shall be the duty of the township clerk, in when recorded, each township, within twenty days after he shall have recorded to be delivered to the same, to deliver the number and description of each dis- county auditor trict, and part of district, in his township, and a description of such alterations as shall be made therein by the trustees, from time to time, to the county auditor of his county, who shall file the same in his office.

Officers to take

Sec. 7. That whenever any school district shall be laid off Districts, how agreeably to the provisions of this act, any house holder may, organized for the purpose of organizing the same, call a meeting of the house holders residing therein, by posting up notices in three public places in said district, of the time and place, and object, of holding such meeting, not less than ten days previous to such meeting; and such meeting, when convened and organized, by choosing a chairman to preside, shall choose a district clerk, who shall keep a record of all the proceedings of district meet ings, in such district; three school directors, to manage the coneerns of the district; and a district treasurer: all of whom shall take an oath or affirmation, faithfully to discharge the duties an oath, and con of their respective offices, and shall hold their offices until the tinue in office first annual meeting of said district, and until their successors are chosen and qualified: and if any director, clerk or treasurer, of any school district, appointed under the provisions of ing to serve this act, shall refuse to serve as such, he shall forfeit and pay the same penalty as now is, or may hereafter be, assessed by law, against trustees of townships for refusing to serve as such; to be collected by the treasurer of said district, before any justice of the peace of the township in which said district, or any part of it, may be situated, and applied by the directors thereof to the use of the schools in said district: Provided, That no person shall be compelled to serve as a director, clerk or treasurer, two years in succession.

one year

Penalty for refus

Sec. 8. That there shall hereafter be an annual district meeting in each organized school district, which shall be held Annual dis on the third Tuesday of October in each year, at the school trict meetings

when and

holden

house in said district, if there be one, and if there be none, where to be then at such place as the school directors of such district shall appoint: and at all such annual meetings, they may transact all the ordinary business of the district, and shall elect three school directors, a district clerk, and a district treasurer for the ensuing year, who shall be qualified as aforesaid, and hold their respective offices until the next annual district meeting, and until their successors are chosen and qualified.

Sec. 9. That at all district meetings in those districts in How many which the number of householders residing therein does not shall consti exceed thirty, one third of the householders shall be a quorum tute & quorum for the transaction of business in such district; and if the number of householders in any district exceed thirty, in that case ten shall be considered a quorum for the transaction of business in such district: and at all district meetings, except those convened under the provisions of the thirteenth section of this act, a majority of the householders present (in case there be a quorum,) shall be competent to decide all matters and propo sitions submitted for the decision of such meeting.

at annual

Sec. 10. That if, from the want of a quorum, or from any If no election other cause, there be no election at the annual district meetmeeting, any ing, any householder residing in the district may call a meeting householder for the election of officers, in the manner prescribed in the may call a seventh section of this act; and the persons elected at such elect officers meeting, shall hold their offices until the next annual meeting, and until their successors are elected and qualified.

meeting to

directors may

Sec. 11. That the oath or affirmation required to be taken Clerk and by the directors and treasurer of the district, may be adminis administer tered by the clerk; and the oath or affirmation to be taken by oath of office the clerk, may be administered by any one of the directors. Sec. 12. That whenever, in the opinion of the school direcDirectors tors, a special district meeting may be necessary, they may call may call spe the same, by posting up notices of the time, place and object, cial meetings of such meeting, in three public places in the district, at least ten days prior to such meeting.

for the erec

Sec. 13. That whenever the school directors shall deem it

Meeting to determine necessary to erect, repair, or complete a school house for their whether a tax district, or to furnish such house, or to make any improvements shall be levied on the school house lot belonging to the district, they may call a special district meeting, in the manner prescribed in the prehouses, etc., ceding section of this act-with this difference, that the notices how called, shall be posted up at least thirty days prior to such meeting: and who may and such meeting shall decide whether a tax shall be levied

tion of school

vote

for any of the purposes aforesaid, the amount thereof subject. to the restrictions hereinafter specified, and the time within which the same shall be paid; and at such meeting, all persons liable to taxation for the purposes aforesaid, and residing within the district, shall, if present, be allowed to vote; and no such tax shall be assessed except by a vote of three fifths of the voters present at such meeting.

levied in any

one year

Sec. 14. That the amount of such tax shall not exceed fifty What amount dollars in any one year, unless at least one third of the proper- of tax may be ty subject to taxation within the district be owned by persons residing therein: and in case one third or more, but less than half of the taxable property within the district, be owned by persons residing therein, such tax shall not exceed one hundred dollars; and in case one half or more, but less than two thirds of such property, be owned by persons residing in such district, such tax shall not exceed one hundred and fifty dollars; and in no case shall such tax exceed two hundred and seventy five dollars in any one year.

tax

Sec. 15. That the site of the school house shall be agreed whatlands on, and designated by a district meeting, previous to the as not subjset to sessment of any tax for the erection of such house: and no tax school house for any of the purposes named in the thirteenth section of this act, shall be levied on any land lying more than three miles from the site of the school house to be erected, completed or repaired; and no land of any non-resident proprietor, once taxed for the purpose aforesaid, shall, by any alteration of districts, be again subject to taxation for the like purpose, for the term of three years from and after the assessment of such tax.

Sec. 16. That if the meeting convened for that purpose de- Tax how le cide that such tax shall be levied, the school directors shall vied apply to the auditor of the county, who, upon being furnished with a list of the names of all persons liable to taxation within such school district, shall furnish said directors with an abstract of all the property within such district, subject to such tax, not including the property of any black or mulatto person: and the said directors shall levy upon such property the amount of tax so agreed on by the meeting, and shall cause a duplicate thereof to be made out by the district clerk, or some other suitable person, and delivered to the district treasurer for collection; and in making out such duplicate, each householder residing in such district, on whose property such tax would not amount to fifty cents, shall be charged with fifty cents: and the school directors may, at their discretion, commute any tax assessed un- May be com der the provisions of this section, for labor or materials, to be muted for la applied, under their direction, to the erection, completion or rials repair of a school house, in their district.

bar or mate

How to pro

taxation and

part not

Sec. 17. That if the county auditor, when making an abstract of taxable property in any school district, as required in seed when the preceding section, shall find any tract of land to be divided part of a tract by the boundary line of such district,, or that part of a tract is subject to lies within three miles from the site of the school house for said district, and part thereof more than three miles from such site, he shall determine, from the best information in his possession, what proportion of such tract is situated within such district, and within three miles from the site of the school house, and make out such abstract accordingly; and the tax assessed on

such part of a tract, shall be as valid as if the whole were subject to taxation within such district and taxed entire.

Sec. 18. That the district treasurer, before he shall receive District trea any tax duplicate, or any money belonging to his district, shall aurer to give give bond to the directors of his district, and their successors bond in office, in such sum, and with such security, as shall be approved of by said directors; which bond shall be filed with the district clerk, and by him recorded.

tax of non

residents, how collected

Sec. 19. That the district treasurer to whom a tax duplicate Duty of dis shall be delivered for collection as aforesaid, shall, within the trict tresurer time prescribed by the district meeting for the payment of such in collecting tax tax, personally demand the same of the several persons charged thereon, if to be found within his county; and if such tax be not paid before the expiration of the time so prescribed, such district treasurer may then collect the same by distress and sale of personal property, in the same manner as county treasurers are authorized to do in the collection of State and county taxes, and shall be allowed the same fees for his services under the provisions of this section as are allowed to county treasurers for like services: and if the tax so assessed on the Delinquent real property of any non-resident, shall remain unpaid for the space of three months, after the expiration of the time prescribed as aforesaid, for the payment thereof; and if sufficient personal property belonging to such non-resident cannot be found within the county, whereof to make such tax by distress and sale; the district treasurer shall then report such delinquency to the auditor of the county: and said auditor, in making out the duplicate of State and county taxes next thereafter, shall enter such delinquent district tax in a marginal column of such duplicate, and on a line with the State and county tax on the same property: and such delinquent tax shall be collected by the county treasurer, at the same time, and in the same manner, as the State and county taxes charged on the same property are by him collected; and when so collected by the county treasurer, shall be by him paid to the treasurer of the school district in which such pro perty is situated, on the order of the county auditor.

School direo tors made a body corpo

rate

Sec. 20. That the directors of each school district, and their successors in office, shall be a body politic and corporate in law, and as such shall be capable of contracting and being contracted with, suing and being sued, pleading and being im pleaded, in any court of law or equity in this State; and as such shall be capable of receiving any gift, grant, donation or devise, made to, and for the use of such district, and may reTheir power ceive a deed of conveyance or lease, for any land whereon to erect a school house; which deed or lease shall be made to the school directors, and their successors in office, for the sole use of such district: they may, when authorized by a district meeting, contract on behalf of such district for the erection,

and duties

completion or repair of a school house: they may employ a school teacher, (or teachers if necessary) for their district; and shall manage and superintend the concerns of the school or schools therein, and faithfully appropriate and expend in the support of such school or schools, all subscriptions, donations, dividends of school funds, and other moneys belonging to their respective districts, for that use: they shall annually settle with the treasurers of their respective districts, and examine Settlement their vouchers; and in settling with any district treasurer, who with treasurer shall have received a duplicate of taxes for collection, as hereinbefore provided, they may exonerate such treasurer from all liability on account of such taxes as they shall be satisfied he has been unable to collect: and a statement of every settlement so made with the treasurer, shall be entered in the books of the treasurer, and signed by the directors: and said directors shall perform all such other lawful acts as may, from time to time, be required of them by any district meeting in their respective districts; and in all cases, the concurrence of any two of them shall be sufficient for the transaction of business. Sec. 21. That all moneys which shall come into the hands Duty of trea of any district treasurer, belonging to his district, shall be by surer in pay him paid over on the written orders of the directors of such ing out money district, and not otherwise; and all such orders received and and keeping paid by the treasurer, shall be by him carefully filed and preserved: he shall also keep a book, in which he shall enter an account of all receipts and disbursements on account of his district, and at the expiration of his term of service, shall deliver to his successor in office, all books, papers and moneys in his hands, belonging to his district.

accounts

trict treasu

Sec. 22. That all moneys which come into the hands of the Township trustees or treasurer of any original surveyed township in this treasurers to State, accruing from the rents of any school land belonging to pay school such township, shall be by them annually paid over to the money to dis treasurer of the respective school districts, or parts of dis- rers tricts, in such township, in proportion to the number of scholars in each district or part of district, between the ages of four and twenty one years: and all the money which shall come into the hands of the treasurer of any civil township, for the use of schools therein, shall be annually apportioned and paid over in like manner, to the treasurers of the several school districts in such township.

ners

Sec. 23. That there shall be appointed by the court of Appointment common pleas of each county in this State, a suitable number and duty of of persons, not less than five, nor more than double the num- school exami ber of townships in such county, to be called examiners of" common schools, and who shall serve for two years, and until their successors shall be appointed: and such examiners, or any two of them, shall examine every person wishing to be employed as a teacher, and if found qualified, and of good moral character, shall give him or her a certificate to that effect,