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every person taking such oath shall be permitted to vote on all questions proposed at such meeting.
SEC. 6. [Perjury.]-If any person so challenged shall refuse to take such oath, his or her vote shall be rejected, and any person who shall wilfully take a false oath, or make a false affirmation under the provisions of the preceding section, shall be deemed guilty of perjury, and be punished accordingly.
SEC. 7. [Challenge to viva voce vote.]-When any question is taken in any other manner than by ballot, a challenge immediately after the vote has been taken, and previous to an announcement of the vote by the chair, shall be deemed to be made when offering to vote, and treated in the same manner.
SEC. 8. [Adjournment--Change of site.]-The qualified voters in the school district, when lawfully assembled, shall have power to adjourn from time to time, as may be necessary, to designate a site for a school house, by a vote of two-thirds of those present, and to change the same by a similar vote at any regular meeting; Provided, That in any school district where the school house is located three-fourths of a mile or more from the center of such district, such school house site may be changed to a point nearer the geographical center of the district by a majority vote of those present at any such school meeting.
SEC. 9. Superintendent to fix site.]-When no site can be established by such inhabitants aforesaid, the county superintendent of the county in which the district is situated shall determine where such site shall be, and his determination shall be certified to the director of the district, and shall be final, except that such decision may be changed by the county superintendent on a written request of two-thirds of the qualified voters of the district.
SEC. 10. Site of school-Purchase-Lease-Tax.]-The said qualified voters shall also have power, at any regular or special meeting, to direct the purchasing and leasing of any appropriate site, and the building, hiring, or purchasing of a school house, and the amount necessary to be expended the succeeding year, and to vote a tax on the property of the district for the payment of the same. Not to conflict with section 2.
SEC. 11. [Tax limit for general purposes.]-The legal voters at any annual meeting shall determine by vote the number of mills on the dollar of the assessed valuation which shall be levied for all purposes-except for the payment of bonded indebtedness and purchase or lease of school house-which number shall not exceed twenty-five (25) mills in any year. The tax so voted shall be reported by the district board to the county clerk, and shall be levied by the county board, and collected as other taxes.
SEC. 12. [Same-Building purposes.]-The legal voters may also, at such meeting, determine the number of mills, not exceeding ten mills on the dollar of assessed valuation, which shall be expended for the building, purchase, or lease of school house in said district, when there are no bonds voted for such purpose, which amount shall be reported levied and collected as in the preceding section; Provided, That the aggregate number of mills voted shall not exceed twentyfive (25) mills.
SEC. 13. [Same-How expended.]-The tax levied and collected, as provided by the preceding section, shall be expended under the direction of the district made at the annual meeting, or in the absence of such direction by the district, then such tax shall be expended as the district board of the district may direct. Money remaining in the treasury after the purpose for which it was raised has been accomplished, and after all debts for which the fund is liable have been discharged, may be transferred to any other fund of the district at any regularly called meeting. [Amended 1883, chap. LXXII.]
SEC. 14. [Time school taught.-They may also determine at each annual meeting the length of time a school shall be taught in the district the ensu
SEC. 10. Contracts for erection of school house should be made with reference to funds on hand. 4 Neb. 360. The board cannot bind the district by an increased expenditure beyond the amount authorized by the district. 10 Neb. 242.
SEC. 11. Cited 11 Neb. 360.
ing year, which, to entitle the district to any portion of the state fund, shall not be less than three months by a legally qualified teacher in the districts which have less than thirty-five pupils, nor less than six months in districts that have between thirty-five and one hundred pupils, nor less than nine months in districts where there are more than one hundred pupils; and whether the money apportioned or voted for the support of the school therein shall be applied to the winter or summer term or a certain portion to each; Provided, That in case of epidemic sickness prevailing to such an extent that the school board in any district may deem it expedient to close any or all schools within their district, or if on account of the destruction of the school house, it shall be impossible to continue the school, such closing of schools shall not prevent any district from drawing its proper share of the state apportionment. Such sickness, or destruction of school house, shall be sworn to by the district board, which oath shall be filed with the county superintendent within ten days after the annual school meeting. [Id.]
SEC. 15. [Sale of property.]-Said qualified voters shall also, at any regular meeting, authorize and direct by a two-thirds vote the sale of any school house site, building, or other property belonging to the district when the same shall no longer be needed for the use of the district. And when real estate is sold, the district may convey the same by deed, signed by the moderator of the district, and such deed, when acknowledged by such officer to be the act of the district, may be recorded in the office of the recorder of deeds of the county in which the real estate is situated, in like manner as other deeds.
SEC. 16. [Suits-District interested in.]-They may also give such directions and make such provision as they shall deem necessary, in relation to the prosecution or defense of any proceeding in which the district may be a party, or interested.
SUBDIVISION III.-DISTRICT OFFICERS.
SECTION 1. [Election.]-The qualified voters of every new district, when assembled pursuant to legal notice, and all existing districts at their annual meetings shall elect by ballot from the qualified voters of such district, a moderator for three years; a director for two years; and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, their several successors shall be elected for the term of three years each, and all officers so elected shall hold their offices till their successors are elected or appointed, and qualified; Provided, That officers of existing organized districts shall continue and discharge the duties of their respective offices until the expiration of the
SEC. 2. [New district.--When a new district is organized and officers elected at any other time than at the annual meeting, the time intervening between the date of such organization and the beginning of the next school year shall constitute the first year in the term of such officers. [Amended 1885, chap. 79.]
SEC. 3. [Acceptance.]--Within ten days after their election, these several officers shall file with the director, a written acceptance of the office to which they shall have been respectively elected, which shall be recorded by said director.
SEC. 4. [District deemed organized.]-Every such school district shall be deemed duly organized when any two of the officers elected at the first meeting, shall have filed their acceptance as aforesaid.
SEC. 5. [Failure to organize.-In case the inhabitants of any district shall fail to organize the same, in pursuance of such notice as aforesaid, the said county superintendent shall give a new notice in the manner hereinbefore provided, and the same proceeding shall be had thereon as if no previous notice had been delivered.
SEC. 6. [Appointed by superintendent.]—In all cases where the county superintendent of any county shall form a school district therein, and where no election for school district officers shall be held therein, it shall be the duty of the county superintendent of the county in which such district is situated, to appoint the officers of such district from the legal voters thereof, which officers thus appointed shall severally file with the director a written acceptance of the offices to which they shall have been appointed, which shall be recorded by the director,
SEC. 7. [Organization in such case.]-Every such school district shall be deemed duly organized, whenever any two of the officers thus appointed shall have filed their acceptance as aforesaid, and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law.
SEC. 8. Organization presumed.-Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year.
SEC. 9. [Vacancy.]-District officers elected or appointed to fill vacancies. shall hold their offices until the beginning of the next school year. [Amended 1885, chap. 79.1
SEC. 10. [Teacher when an officer.]-No person holding a school district office shall be employed to teach in the district of which he is an officer, unless upon a petition signed by two-thirds of the legal voters of the district, which petition shall be filed with the papers of the district. The contract of such officer shall be made by the other members of the district board. [Amended 1883, chap. LXXII.]
SEC. 11. [Disputed accounts.-Whenever a director or moderator refuses to sign orders on the treasurer, or the treasurer thinks best to refuse the payment of orders drawn upon him, the difficulty shall be referred for adjudication to the county superintendent, who shall proceed at once to investigate the matter, and if he finds that the officer complained of refuses through contumacy or for insufficient reasons, it shall be the duty of the superintendent, on behalf of the district, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty.
SUBDIVISION' IV.-DISTRICT OFFICERS, POWERS AND DUTIES.
SECTION 1. [Moderator.]-The moderator shall have power, and it shall be his duty, to preside at all meetings of the district, to countersign all orders upon the treasurer for moneys to be disbursed by the district, and all warrants of the director on the county treasurer for moneys raised for district purposes, or apportioned to the district by the county superintendent; but, if the moderator shall be absent from any district meeting, the qualified voters present may elect a suitable [person] to preside at the meeting.
SEC. 2. Disorderly conduct at meeting.]-If, at any district meeting, any person shall conduct himself or herself in a disorderly manner, and after notice of the moderator, or person presiding, shall persist therein, the moderator or person presiding may order him or her to withdraw from the meeting, and on his or her refusal, may order any constable, or any other person or persons to take him or her into custody until the meeting shall be adjourned.
SEC. 3. (Same-Penalty.]-Any person or persons who shall refuse to withdraw from such meeting on being so ordered as provided in the preceding section, or who shall wilfully disturb such meeting, shall, on conviction thereof, be fined a sum not exceeding twenty dollars, which fine shall be paid into the school fund of the district.
SEC. 4. [Treasurer-Bond.]-The treasurer of each district shall, within ten days after the election, execute to the county and file with the director a bond of not less than five hundred dollars in any instance, nor less than double the amount of money, as near as can be ascertained, to come into his hands as
treasurer and at any one time, with sufficient sureties to be approved by the director and moderator, conditioned for the faithful discharge of the duties of his office; such bond when approved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond his office shall be declared vacant by the district board and the board shall immediately appoint a treasurer, who shall be subject to the same conditions and possess the same powers as if elected to that office. [Amended 1883, chap. LXXII.]
SEC. 5. Moneys received and disbursed.]-It shall be the duty of the treasurer of each district to apply for and receive from the county treasurer all school moneys apportioned to the district or collected for the same by said county treasurer, upon order of the director, countersigned by the moderator, and to pay over on the order of the director, countersigned by the moderator of such district, all moneys received by him.
SEC. 6. [Cash book-Report.]-The treasurer shall keep a book furnished by the district, in which he shall enter all the moneys received and disbursed by him, specifying particularly the source from which money has been received, and to what fund it belongs, and the person or persons to whom, and the object for which the same has been 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 during the preceding year, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, and at the close of the term of his office, shall settle with the district board, and shall hand over to his successor said books and all receipts, vouchers, orders and papers coming into his hands as treasurer of the district, together with all moneys remaining in his hands as such treasurer.
SEC. 7. [Appear in actions for district.]-It shall also be the duty of the treasurer to appear for and on behalf of the district in all suits brought by or against the same, whenever no other directions shall be given by the qualified voters in the district meeting, except in suits in which he is interested adversely to the district; and in all such cases the director shall appear for such district, if no other directions shall be given as aforesaid..
SEC. 8. [Additional security.-Whenever by the failure of his sureties, or otherwise, the official bond of the district treasurer becomes in the opinion of the other members of the board insufficient to protect the district from loss, it shall be the duty of the director and moderator to demand additional security, or a new bond of the treasurer. If the treasurer refuse or neglect to procure a satisfactory bond and present it to the other members for approval within ten days after said demand, the said moderator and director may declare his office vacant, and proceed to call a district meeting to elect a new treasurer, to fill the unexpired term; Provided, That nothing in this section shall be construed to interfere with the liabilities of principals and sureties in such bond or the rights of sureties as defined by law regulating official bonds.
SEC. 9. Director.-The director shall be clerk of the district board, and of all district meetings when present, but if he shall not be present, the qualified voters may appoint a clerk for the time being, who shall certify the proceedings to the director to be recorded by him.
SEC. 10. [Record.-The director shall record all proceedings of the dis-trict in a book furnished by the district, to be kept for that purpose, and preserve copies of all reports made to the county superintendent, and safely preserve and keep all books and papers belonging to his office.
SEC. 5. The district has no authority to release its treasurer from liability for money lost or misapplied. by him. 10 Neb. 296. SEC. 7. When the action is not brought by the treasurer the petition should state the cause. 10 Neb. 268 Action should be brought in name of district. 11 Neb. 285.
SEC. 10. It is to this record alone that resort must be had to ascertain what the district has done, what taxes it has voted, otc. 4 Neb. 307.
SEC. 11. [Hire teachers.]-The director, with the consent and advice of the moderator and treasurer, or one of them, or under their direction, if he shall not concur, shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing and shall have the consent of the moderator and treasurer, or one of them endorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate shall be filed in his office; Provided, That if the director shall refuse to make and sign such contract, when directed so to do by the moderator and treasurer, then it may be made and signed by the moderator and treasurer. The director shall notify the county superintendent at the time the contract is made of the length of the proposed term of school, when the school will begin, and of the name of the teacher. And no money belonging to the district shall be paid for teaching to any but legally qualified teachers. [Amended 1883, chap. LXXII.]
SEC. 12. [Census.]-Within ten days previous to the annual district meeting the director shall take the census of his district, and make a list in writing of the names of all the children belonging thereto, between the ages of five and twentyone years, together with the names of all the taxpayers in the district. In case of the absence or inability of the director, such census shall be taken by the moderator or treasurer, or such person as they may appoint, and a copy of such list, verified by the oath of the person taking such census, by affidavit appended to or endorsed thereon, setting forth that it is a correct list of the names of all children belonging to the district between the ages of five and twenty-one years, and that it was taken within ten days preceding the annual meeting, shall be returned with the annual report of the director to the county superintendent; Provided, That in cities of the first and second classes, thirty (30) days shall be allowed for taking said census.
SEC. 13. [Care of buildings.]-The director shall, with the concurrence of the moderator and treasurer, or either of them, provide the necessary appendages for the school house, and keep the same in good condition and repair during the time school shall be taught in said school house, and shall keep an accurate account of all expenses incurred by him as director. Such account shall be audited by the moderator and treasurer, and on their written order shall be paid out of the general school fund.
SEC. 14. [Estimate of expenses-Statement of orders.]-He shall present at each annual meeting an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes, and for the payment of the services of any school district officer; but no tax for these purposes shall be voted at any special meeting, unless notice of the same shall be expressed in the notice of such meeting, and unless such special meeting shall be held between the time for the annual meeting and the first Monday in June. He shall also present to the annual meeting a statement of all orders drawn on the county treasurer, and the amount of each and of all orders on the district treasurer and the amount of each, for what purpose and to whom given.
SEC. 15. [Post notices.]-He shall give the prescribed notice of the annual district meetings, and of all such special meetings as he shall be required to give notice of, in accordance with the provisions of this chapter, one copy of which for each meeting shall be posted on the outer door of the school house, if there
SEC. 16. [Orders on treasurer.]--He shall draw and sign all orders upon the treasurer for all moneys to be disbursed by the district, and all warrants upon the county treasurer for moneys raised for district purposes, or apportioned to the district by the county superintendent, and present the same to the moderator, to be countersigned by him, and no warrant shall be issued until so countersigned.
SEC. 11. The board may remove teachers. 1 Neb. 176. 6 Id. 173. If the contract is signed by one who is a director de facto it will bind the district. 9 Neb. 56. Contract by director and treasurer valid. 13 Neb. 69.