fidavit of the principal and sureties as required by law in other cases; and the director of the district and the county superintendent of public instruction are hereby authorized to administer the oaths for the justification of the treasurer and his sureties. Said bond shall be filed with the county superintendent of public instruction, and in case of the breach of any condition thereof, the county superintendent, or the director or clerk of the district shall cause a suit, to be commenced thereon in the name of the district, and the money collected in such suit shall be applied by the board to the use of the district as the same should have been applied by the treasurer. If the county superintendent, clerk and director shall fail and refuse to prosecute said treasurer, then any taxpayer of the district may cause such prosecution to be instituted as provided in this Act. Treasurer, SECTION 2. The treasurer of such district shall pay Duties of. out on the order of the clerk of the district, attested by the seal thereof, and countersigned by the director of such district, all public moneys which shall come into his hands for the use of the district. SECTION 3. The county treasurer shall pay to each County district treasurer from time to time all school moneys in the county treasury belonging to the district, upon the order of the clerk and director of the district; Provided, That said order shall be accompanied by a certificate from the county superintendent, stating that said treasurer has executed and filed his bond as required by law; but such order and certificate shall not be necessary except the first time money is desired to be paid to him by the county treasurer after his qualification. How Paid. SECTION 4. Said district treasurer shall pay on pre- warrants, sentation any warrant or other order properly drawn on any fund in his custody by virtue of his office; and when paid he shall write across the face of said Warrants, to Be Registered. Warrants, When. warrant or order in red ink the word "Paid," the date when paid, the amount of principal and interest, if any, paid, and shall sign the same officially; Provided, That there is sufficient money in his hands belonging to the fund upon which said warrant or order is drawn to pay the same. SECTION 5. In case there is not sufficient money in the hands of any such treasurer belonging to the particular fund drawn upon to pay any warrant or order when presented for payment it shall be the duty of such treasurer to make a certificate of that fact upon the back of any such warrant or order, and to date, sign, and number the same in regular order; and he shall set down and enter in a book to be kept for that purpose, the registry number, amount, date and upon what fund drawn, to whom payable, and the date when presented for payment, as provided in Section 4 of this Act; and all such warrants or orders shall be paid in their order of presentation for payment and of their registration as shown by said book; and said books shall be known in each such offices as the "Warrant Register." And all warrants after registration shall draw interest at the rate of six per centum per annum from the date of such registration until fully paid; and such registration books shall be open to the inspection of any person interested at all reasonable times. SECTION 6. Whenever any money shall come into his hands by virtue of his office, it shall be the duty Be Published, of such district treasurer to set apart a sufficient sum from the several funds to which said money belongs to pay all warrants or orders that may have been registered against said several funds in compliance with the provisions of this Act; or so much, of said money as shall be necessary for such purpose. And if such money in any fund is not sufficient to pay all the warrants and orders registered against Annual Re County ent, Duties of. said fund, he shall set apart said money for the pay. ment of the warrants registered against the fund to which said money may belong until said money is exhausted; and he shall keep the money so set apart until it is called for by the person to whom it is pay. able; and it shall be the duty of said treasurer to post up in three public places in his district between the 15th and the last days of February and August in each year a list of the warrants or orders unpaid, and for the payment of which he has sufficient funds in his hands, and one of which lists shall be posted on the door of the school house of his district; and from and after thirty days after such posting, interest shall cease upon the warrants which he has so posted as being payable. SECTION 7. The treasurer shall keep a book in Treasurer, which he shall keep and enter an account of all port of: moneys received and disbursed by him, specifying particularly the sources from which money has been received and the person or persons to whom and the objects for which the same was paid out. He shall present to the district at each annual meeting a report in writing containing a statement of all moneys received by him from the county treasurer during the year; also all moneys collected by him during the year from assessments in his district, and of the disbursements made by him, with the item of such disbursements and shall exhibit the vouchers therefor; and the same shall be examined at such annual meeting of the district and if found correct shall be approved. Said report shall be in writing and shall be by the district clerk recorded at length; and within ten days after such annual meeting said district treasurer shall present a copy of said report to the county superintendent of public instruction of his county, together with all the vouchers for disbursements by him made, and said county superintendent Books and Treasurer shall examine the report and vouchers and if he finds the same correct, he shall approve it; but if not found correct, he shall take such steps as the law and the facts may require; and at the close of his term of office the said treasurer shall settle with the county superintendent and shall turn over to his successor all the books vouchers, orders, warrants and papers coming into his hands as the treasurer of such school district, together with all moneys remaining in his hands as such treasurer. SECTION 8. The books, records, papers, vouchers and other archives of the school district treasurer's office shall be open at all times to the inspection and examination of the county superintendent, the district clerk and director, and to all persons holding obligations against said district. SECTION 9. If any district treasurer shall refuse to pay over to his successor any money in his hands belonging to the district, it shall be the duty of his successor in office to prosecute without delay the official bond of said treasurer for the recovery of such money. And in case such successor shall fail or neglect to proceed, any taxpayer of the district may prosecute such suit in the name of the district. Any treasurer who shall wilfully fail, refuse or neglect to pay over any money in his hands belonging to the district shall be deemed guilty of embezzlement, and upon conviction thereof, shall be punished in the manner prescribed for the felonious stealing of property of the value of that embezzled. SECTION 10. All Acts and parts of Acts in conflict with this Act are hereby repealed. SECTION 11. This Act shall take effect and be in force from and after its passage and approval. Approved this 4th day of March, 1901. SECTION. ARTICLE 9.-SEPARATE SCHOOLS. 1. Separate Schools Established; 4. County Superintendent, Re- 5. County Commissioners, Duties of; Advertisement for Bids, Letting Contract. 6. Furniture and Equipments. SECTION. 7. School Funds. 8. School Board to Employ 9. Teachers, How Paid; School 10. Districts Boards to Settle With 11. District Clerk, County Clerk AN ACT Providing for the Establishment and Maintenance of Separate Be it Enacted by the Legislative Assembly of the Territory Separate Maintenance. SECTION 1. In all counties separate schools for Schools white and colored children are hereby established Tax Levy for and such schools shall be permanently maintained and the Board of County Commissioners shall annually lexy a tax on all taxable property in their respective counties, sufficient to maintain said separate schools as hereinafter provided; said taxes shall be estimated, published, levied and collected in the same manner as other taxes for county purposes and in school districts where such separate schools are maintained no white child shall attend a colored school or colored child attend a white school. SECTION 2. That in any school district in such No Separate county, having both white and colored children of When. school age, where the number of such children, either white or colored, does not exceed ten, and they can be transferred to schools of their own color in adjoining districts, as hereinafter provided, no separate schools shall be maintained. Schools, Transferred to District, SECTION 3. When either the white or colored Children children of school age in any such school district, Adjoining having both white and colored children of school When: age, do not exceed ten in number, the county County Superintendent, super- Buties of. |