They may adopt rules, prescribe forms, exa naming therein the branches which he or she is found qualified to teach; which certificate sball be valid for one year from the date thereof, and no longer: and no person who shall not have obtained such certificate, shall receive from the treasurer of any district any compensation for teaching a school therein. Sec. 24. That the school examiners in each county, may meet at such times and places as they may deem expedient: they may adopt such rules for the examination of teachers and schools, and prescribe such forms for certificates as they may mine schools, deem necessary, to produce uniformity in such examinations and certificates throughout the county; and they may, if they deem it expedient, appoint days for the public examination of teachers, and require all teachers to be examined in public: and said examiners, or any one of them, may visit all district schools in their county, and examine the same. etc. Each exami majority, etc. Sec. 25. That each examiner shall be governed by such rules in his examinations, and observe such forms in his certificates, ner to be gov as shall be prescribed by the majority of the examiners of his erned by the county; and no certificate of qualification shall be given by rules of the the examiners, or any one of them, to any teacher, unless he or she be found qualified to teach reading, writing and arithmetic. Sec. 26. That the clerk of each school district shall attend Duty of dis all district meetings, and record in a book to be provided for trict clerk in that purpose, all the proceedings of such meetings, stating keeping a re therein the time and place at which the meeting was held; and cord Record sub tion if convened in pursuance of a notice, stating the notice, and the object for which the meeting was convened, and that a quorum was present, (if such be the fact,) and the names of all the district officers elected and qualified: and if the meeting be convened under the provisions of the thirteenth section of this act, the clerk shall state in his record, the names and number of voters present, and the names and number of those who vote in favor of, and against a tax, and the time agreed on by the meeting for the payment of such tax; and no such record shall be invalid for want of form, provided it contain the substance. Sec. 27. That the record kept by the district clerk, may, at any time, be inspected by any householder residing in the disject to inspec trict: and the clerk shall make out and deliver to any person demanding the same, whether residing in such district or not, a certified copy of such record, or of such part thereof as shall be demanded, on being paid therefor at the rate of ten cents for every hundred words contained therein; and such certified copy shall be received in all courts and places, as prima facie evidence of the truth of the matters therein stated. Certified co pies made evidence Sec. 28. That the clerk of each school district shall, annuClerk to take ally, in the month of November, take a list or enumeration in and return to writing, of all the white youth in his district, between the ages county audi of four and twenty-one years, not including any who are marfor an annual ried, and shall return the same to the auditor of his county, A with an oath or affirmation indorsed thereon, that the same is enumeration of children a true enumeration to the best of his knowledge. when district Sec. 29. That if any school district shall be partly situated How to make in an original surveyed township, or fractional township, to enumeration which belongs any section sixteen, or other lands in lieu there- comprises a of, granted by Congress for the use of schools in such town- portion of two ship or fractional township; or to which belongs any interest or more origi arising from the money for which such land has been sold; the or civil town nal surveyed clerk of such district shall, in taking the annual enumeration of ships youth therein, as required in the preceding section, enumerate separately those residing in that part of the district situated in such original surveyed township, or fractional township: and where any district comprises a portion of two or more civil townships, the clerk shall specify in his enumerations of the youth, the township in which they severally reside. Sec. 30. That the district clerk, at the expiration of his Clerk to deli term of service, shall deliver to his successor in office, all the ver books, &c books, records and papers, in his possession, relating to his school district. L to successor Sec. 31. That the auditor of each county shall, immediate- Duty of coun ly after his annual settlement with the county treasurer, appor- ty auditor in tion to the several school districts in such county, all the mo- apportioning school funds ney then in the treasury of such county, for the use of schools to the several therein, as follows, to wit: All the money collected on the tax districte duplicate of any township, for the use of schools, shall be apportioned to the several districts and parts of districts, in such township; all the money received from the State treasury, on account of interest on the money accruing from the sale of section sixteen, or other land in lieu thereof, shall be apportioned to the several districts, and parts of districts, in the original surveyed township, or fractional township, to which such land belonged; all moneys received by the county treasurer from the State treasury, on account of the Virginia military school fund, shall be apportioned to the several school districts, and parts of districts, within the county, lying within the Virginia military district; and all other money for the use of schools in the county, shall, if its appropriation is not otherwise directed by law, be apportioned to all districts in the county: and all such apportionments shall be made to the several districts and parts of districts, in proportion to the number of youth therein, as returned by the district clerks, in November next preceding. each school Sec. 32. That the county auditor shall open an account Auditor to with each school district in his county, in a book to be by him open an ae kept for that purpose; and if any district in his county shall count with comprise a portion of two or more original surveyed or civil district, &c townships, he shall open an account with the parts of the districts situated in the different townships; and he shall credit each district, and part of district, with its annual apportionment, to be made as aforesaid, of the school fund in the county ers orders on county treas ury To give dis treasury: and on the application of the treasurer of any district, trict treasur at any time after such apportionment shall be made, the auditor shall give to such treasurer an order on the treasurer of the county, for the amount so credited to his district, or part of district, and shall charge the district, or part of district, therewith: Provided, That the district treasurer applying for such order, shall first produce to the auditor a certificate from the clerk of the district, stating that such district treasurer has been duly elected and qualified, and has given bond according to law. Proviso School fund to the pay ment of quali fied teachers only Sec. 33. That all the money which shall come into the treasury of any school district, for the use of schools therein, shall to be applied be appropriated, on the orders of the directors, to the payment of the teachers of schools in such district, and to no other purpose whatever; and no order presented by any teacher to the district treasurer, shall be by him paid, unless such teacher, at the same time, exhibit such a certificate of qualification and moral character, from the examiners of schools in the county, as is required by this act. Sec. 34. That when any appropriation shall be made by During the ex the directors of any school district, from the treasury thereof, penditure of for the payment of a teacher, the school in such district shall school fund, be open to all the white children residing therein, for the space schools to be of three months, and as much longer as such appropriation will free, &c. pay the teacher: and if such appropriation shall be insufficient to pay the teacher for the term of three months, the residue of his wages, if not raised by voluntary subscription, shall be paid by those sending to such school, in proportion to the number of scholars by them respectively sent to said school, and the time Proviso as to they shall attend the same: Provided, That in those districts comdistinct funds prising a part of two or more original surveyed or civil townships, the school funds shall be so applied, that the several parts of the district divided by township lines, shall receive the benefit of their separate funds. Sec. 35. That if any township already organized, shall not, The school within three years from the passage of this act, and any townfunds of organ ship hereafter organized, within three years from the organizaized t'wnships tion thereof, be districted according to the provisions of this act, not districted within three and some district therein organized, all the money collected on years, to be the tax duplicate of such township, for the use of schools, shall apportioned be by the auditor of the county apportioned to the organized districts in the other townships of his county; and he shall so con-tinue to do until such township be districted, and some district therein organized: and ail the money for the use of schools, collected on the tax duplicate of any unorganized township, shall be retained in the county treasury until such township shall be organized, and for three years thereafter, unless sooner districted, and some district therein organized, according to the provisions of this act. in other town ships Suits for and Sec. 36. That all suits brought in behalf of any school disagainst school trict, except such as shall be brought against the treasurer there of, shall be in the name of the district treasurer, for the use of districts, how such district; and when any suit in behalf of, or against any dis. brought &o. trict, shall be entered in the court of common pleas, or supreme court of any county in this State, whether an original suit, or entered by way of appeal or certiorari, the prosecuting attorney of such county shall attend to the prosecution or defence thereof, in behalf of such district, as a part of his official duties: and in all suits against any district, leaving an attested copy of the process with the district clerk, shall be considered sufficient service thereof. tion of school Sec. 37. That the courts of chancery in this State, may enjoin the collection of any tax, for the erection, repair, or comple- house tax tion of a school house, when satisfied that the assessment thereof may be enjoin is illegal. cd Sec. 38. That the act, entitled "An act to provide for the Acts repealed support and better regulation of common schools," passed February 10th, 1829; and the act, entitled "An act to amend the act, entitled 'An act to provide for the support and better regulation of common schools," passed February 22d, 1830; and all the acts contrary to the provisions of this act; be, and the same are hereby repealed: Provided, That the acts done, obligations incurred, and rights acquired, under the provisions of said acts, shall remain in no wise altered or affected by this act. This act to take effect and be in force from and after the first day of May next. JAMES M. BELL, Speaker of the House of Representatives. March 10, 1831. SAMUEL R. MILLER, AN ACT to establish a fund for the support of Cammon Schools. perintendent Be it enacted by the General Assembly of the State of Ohio, That there is hereby constituted and established a fund, Fund estab to be designated by the name of "The Common School Fund;" lished. the income of which shall be appropriated to the support of common schools in the State of Ohio, in such manner as shall Auditor of be pointed out by law; of which fund the auditor of State shall State the su be the superintendent, until otherwise directed by law. Sec. 2. That whenever, and so often, as any moneys shall be paid into the State treasury, arising from the sale of any lands which heretofore have been, or hereafter may be, appropriated count with by Congress, for the use or support of schools in any original each townsurveyed township, or other district of country, in this State, of country to ship or district the auditor of State shall forthwith open an account, in a book which fund be or books to be provided for that purpose, and shall pass the said longs moneys to the credit of such township, or other district of coun Auditor to open an ac propriated. Fund irreducible try; which said moneys shall constitute an irreducible fund, the and interest ap proceeds accruing from which shall be paid over and appropriated, in the manner which shall be pointed out by law, for the support of common schools within the township, or other district of country, to and for which such land was originally appropriated, and for no other use or purpose whatever. and from what time cast ecunt Sec. 3. That all moneys paid into the State treasury as Rate of interest, aforesaid, shall bear an annual interest of six per centum; which interest shall be cast from the time of the payment of any principal sum, up to the first day of January next succeed. ing such payment, and on the first day of January, annually, Auditor to open thereafter: and where the same has not been done, the auditor an interest ac. of State shall, in a book or books to be provided for that purpose, open an interest account with every township, or other district of country, to which a credit in the irreducible fond aforesaid shall have been passed; and he shall, in such book or books, keep accurate accounts of the accrual and disbursement of all interest accruing from such fund, so as aforesaid belong. Faith of the ing to any township or district of country: and the faith of the State pledged for State of Ohio is hereby pledged for the annual payment of the interest aforesaid, to the person who, and in the manner which, shall be pointed out by law; which said interest shall be appropriated and expended for the support and maintenance of common schools within the township, or other district of country, entitled as aforesaid to the same. payment of inte.. rest. annually from State thereof to the Sec. 4. That for the payment of any interest that shall have Manner of draw. accrued, and be payable to and for any township, or other dis ing the interest trict of country as aforesaid, the county auditor of the proper treasury, county shall, annually, on or after the first day of January, and distribution draw an order on the treasurer of State, in favor of the treaschool districts surer of the proper county, for the interest which shall be pay. able in such county; and upon such order being presented to the auditor of State, he shall thereupon certify an abstract of the amount of interest payable to each township, or other district of country, in such county: and thereupon, on presentation of said order, the treasurer of State shall pay the amount of interest appearing by said abstract to be due; and the said county treasurer, or the person presenting said order for him, shall indorse on said order a receipt for so much as shall be paid thereon, and shall also sign a duplicate receipt, which shall be lodged with the auditor of State, who shall credit the State treasurer therewith, and charge the several items constituting the aggregate of such abstract, to the proper township, or other district of country; and the money so drawn, shall be paid out by the county treasurer, on the order of the county auditor, in the proportions established by law, to the proper person or persons in each school district authorized to receive the same: and in all cases in which a county line shall divide any original surveyed township, or fractional part thereof, the interest payable in such township, shall be received and dis |