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naming therein the branches which he or she is found qualified to teach; which certificate shall 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 They may meet at such times and places as they may deem expedient: adopt rules, they may adopt such rules for the examination of teachers and prescribe schools, and prescribe such forms for certificates as they may torms, exa mine schools, deem necessary, to produce uniformity in such examinations etc.

and certificates throughout the county; and they may, if they deer 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. A

Sec. 25. Tbat each examiner shall be governed by such rules Each esami 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 eroed by the county; and no certificate of qualification shall be given by majority, etc.

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

3 a te therein the time and place at which the meeting was held; and cord

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 Record sub 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 tion

demanding the same, whether residing in such district or not, Certified co

a certified copy of such record, or of such part thereof as shall pies made

o be demanded, on being paid therefor at the rate of ten cents evidence 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.

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 married, and shall return the same to the auditor of his county,


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with an oath or affirmation indorsed thereon, that the same is enumeration a true enumeration to the best of his knowledge.

of children Sec. 29. That if any school district shall be partly situated How to make in an original surveyed township, or fractional township, to enumeration

when district which belongs any section sixteen, or other lands in lieu

leu 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 of more origi, arising from the money for which such land has been sold; the or

banal 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.

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

school funds ney then in the treasury of such county, for the use of schools to the several therein, as follows, toavit: All the money collected on the tax districte duplicate of any township, for the use of sehools, shall be ap. portioned 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.

Sec. 32. That the county auditor shall open an account Anslitor 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 co

IS county shal, each school comprise a portion of two or more original surveyed or civil district, &e 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

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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
countee treas shall give to such treasurer an order on the treasurer of the coun-

ty, for the amount so credited to his district, or part of district,
and shall charge the district, or part of district, therewith: Pro-

vided, That the district treasurer applying for such order, shall Proviso first produce to the auditor a certificate from the clerk of the

district, stating that such district treasurer has been duly elect-
ed and qualified, and has given bond according to law.

Sec. 33. That all the money which shall come into the treaSchool fuod sury 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 ment of quali on

wi of the teachers of schools in such district, and to no other purfied teachers pose whatever; and no order presented by any teacher to the only 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 fun, be open to all the white children residing therein, for the space
schools to be
free, &c.

e of three months, and as much longer as such appropriation will

pay the teacher: and ii 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 ng to they shall attend the same: Provided, That in those districts comdistinct funds prising a part of two or more original surveyed or civil town

ships, 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 town-
funds of organ ship hereafter organized, within three years from the organiza-
ized l’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 dis-

Wn tricts in the other townships of his county; and he shall so conebips

tinue to do until such township be districted, and some district therein organized: and all 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 provi

sions of this act. Suits for and Sec. 36. That all suits brought in behalf of any school disagainst school trict, except such as shall be broaght against the treasurer there


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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 &c. 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 bis official duties: and in all suits against any district, leaving an attested copy of the process with the district clerk, shall be considered suflicient service thereof.

Sec. 37. That the courts of chancery in this State, may en- The join the collection of any tax, for the erection, repair, or comple-house tas

tion of school tion of a school house, when satisfied that the assessment thereof may be enjoin is illegal.

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.

Speaker of the House of Representatives.

Speaker of the Senate.
March 10, 1831.

AN ACT to establish a fund for the support of Cammon Schools.

Sec. 1. 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;" Jished. the income of which shall be appropriated to the support of common schools in the State of Obio, in such manner as shall Auditor of be pointed out by law; of wbich fund the auditor of State shall State the su be the superintendent, until otherwise directed by law. perintendent

Sec. 2. That whenever, and so often, as any moneys shall .. be paid into the State treasury, arising from the sale of any lapds open an ac

de Auditor to which heretofore have been, or hereafter may be, appropriated count with by Congress, for the use or support of schools in any original each town. surveyed township, or other district of country, in this State,

in this stote ship or district

he, of country to the auditor of State shall forth with open an account, in a book which fund be or books to be provided for that purpose, and shall pass the said loogs money, to the credit of such township, or other district of coun



payment of inte. rest.

Fund irreducible try; which said moneys shall constitute an irreducible fund, the and interest ap. preceeds accruing from which shall be paid over and appropropriated.

priated, in the mapper 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.

Sec. 3. That all moneys paid into the State treasury as Rate of interest, aforesaid, shall bear an annual interest of six per centum; and from what which interest shall be cast from the time of the payment of time cast

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 pur.

pose, open an interest account with every township, or other district of country, to which a credit in the irreducible food 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.

Sec. 4. That for the payınent of any interest that shall have Banner of draw. accrued, and be payable to and for any township, or other dising the interest

trict of country as aforesaid, the county auditor ofthe proper State ireasury, county shall, annually, on or after the first day of January,

stribution 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 abstraet 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 disa



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