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No warrant shall be countersigned by the moderator until the amount for which the warrant is drawn is written upon its face. The moderator shall keep a record in a book furnished by the district, of the amount, date, purpose for which drawn, and name of person to whom issued, of each warrant countersigned by him. [Amended 1883, chap. LXXII.]
SEC. 17. [Annual report.]-The director shall, within ten days after the annual district meeting, deliver to the county superintendent to be filed in his office, a report under oath showing the whole number of children belonging to the district, between the ages of five and twenty-one years according to the census taken aforesaid; and any district board neglecting to take the enumeration and make return of the same, shall be liable to said district for all school moneys which such district may lose by such neglect. Within ten days after the beginning of the school year in July, the director shall report to the county superintendent to be filed in his office, a report under oath, showing: 1st. The number attending school during the year under five, and also the number over twentyone years of age. 2d. The whole number that have attended school during the year. 3d. The length of time the school has been taught during the year by a qualified teacher, the length of time taught by each teacher, and the wages paid to each. 4th. The total number of days all scholars between the ages of five and twenty-one years, have attended school during the year. 5th. The amount of money received from the county treasurer during the year, and the amount of money expended by the district during the year. 6th. The number of mills levied for all school purposes. 7th. The kind of books used in the school. 8th. Number of children to whom text books are furnished, and kind of books. 9th. The amount of bonded indebtedness. 10th. Such other facts and statistics as the superintendent shall direct. [Amended 1885, chap. 79.]
SEC. 18. [Superintendent may administer oaths.1-For the purpose of attesting school reports and other purposes connected with the administration of the school law, county superintendents are hereby authorized to administer the required oaths.
SEC. 19. [Statement-Valuation and taxes.]-It shall be the duty of the director to furnish, for the use of the annual meeting in April of each year, a statement of the aggregate assessed valuation of all property in the district, and the amount of taxes, as near as may be, that will be collected for the use of the district.
SUBDIVISION V.-DISTRICT BOARD, POWERS AND DUTIES.
SECTION 1. [Board.]-The moderator, director, and treasurer, shall constitute the district board, and in all meetings of the board two members shall constitute a quorum for the transaction of business. Meetings of the board may be called upon the agreement of two members, but all members shall have notice of the time and place of meeting. [Amended 1885, chap. 79.]
SEC. 2. [Report of taxes voted.]-Immediately after the annual district meeting, and not later than the first Monday in June, said board shall make and deliver to the county superintendent, and also to the county clerk of each county, in which any part of the district is situated, reports in writing, under their hands, of all taxes voted by the district during the current school year, to be levied on the taxable property of the district, and to be collected by the county treasurer at the same time, and in the same manner as state and county taxes are collected;
SEC. 16. School district orders are subject to same defense against a bona fide holder for value as against the payee. 4 Neb. 359. SEC. 1. A contract entered into and signed by persons styling themselves as director and moderator of a school district is their individual contract and not binding on the district. 4 Neb. 254. The action of a majority of the board will not bind the district without notice to or participation therein of the other members. Id. See also 11 Neb. 361.
SEC. 2. Taxes were voted by a district while comprising three townships. Before the levy 21⁄2 townships were detached. Held, taxes should be levied on the district as it existed at the time of the levy. 9 Neb. 336. But where such taxes were levied in the district as it existed at the time they were voted and collected from property therein, held, that the new district could recover from the old the amount collected in its territory. Id.
and when collected to be paid over to the treasurer of the proper district, on the order of the director, countersigned by the moderator of said district.
SEC. 3. General management.j-The district board shall have the general care of the school, and shall have power to classify and grade the scholars in their district and cause them to be taught in such schools and departments as they may deem expedient; to provide a course of study which may include all studies necessary for a first grade certificate; and to make such rules and regulations as they may think necessary for the government and health of the scholars. [Amended 1883, chap. LXXII.]
SEC. 4. [Non-resident pupils.]-Said board may also admit to the district school non-resident pupils, and may determine the rates of tuition of such pupils and collect the same in advance. [Id.]
SEC. 5. (Suspension of pupils.]-They may authorize or order the suspension or expulsion from the school, whenever in their judgment the interests of the school demand it, of any pupil guilty of gross misdemeanors or persistent disobedience, but such suspension shall not extend beyond the close of the term.
SEC. 6. [Procure site and house.]-They shall purchase or lease such site for a school house as shall have been designated by the district, in the corporate name thereof, and shall build, hire or purchase such school house out of the fund provided for that purpose, and shall make sale and conveyance of any site or other property of the district, when lawfully directed by the qualified voters at any annual or special meeting. [Amended 1885, chap. 79.]
SEC. 7. Title to site.]-The district shall not in any case build a stone or brick school house upon any site, without having first obtained a title in fee to the same; and also that they shall not in any case build a frame school house on any site for which they have not a title in fee, without the privilege to remove the same when lawfully directed to do so by the qualified voters of the district at any annual or special meeting.
SEC. 8. [Payment of moneys.-The district board shall apply and pay over all school moneys belonging to the district, in accordance with the provisions of law regulating the same, as may be directed by the district, but no school money apportioned to any school district shall be appropriated to any other use than the payment of teachers' wages; and no part thereof shall be paid to any teacher who shall not have received a certificate, as required in this chapter, before the commencement of his or her school.
SEC. 9. [Care of property.The said board shall have the care and custody of the school house and other property of the district, except so far as the same shall be confided to the custody of the director.
SEC. 10. [Vacancy in school district office.]-Every school district office shall become vacant by the death, resignation or removal from office, or removal from the district of the incumbent, or by his absence from the district for a continuous period of sixty days at one time.
SEC. 11. [Same-How filled.-The said board shall have power to fill by appointment any vacancy that may occur in their own number, and it shall be their duty to fill such vacancy after its occurrence; Provided, That in case such board shall, from any cause, fail to fill such vacancy, the same may be filled by election at a special school district meeting called for that purpose, by the quali fied voters present, which meeting shall be called in the same manner, and be subjected to the same regulations as other special school district meetings. Persons elected under the provisions of this section, shall hold their office until the next annual election.
SEC. 12. [Same, on division of district.]-When, by a division of a district not more than one officer is left in the old district, the county superintendent shall appoint, to fill the vacant offices, suitable persons, who shall hold their offices
Sc. 11. The amendment to this section made 1885. chap. 79 is not included in title of the act and is accordingly omitted not being in compliance with the constitution.
until the second Monday in July after the next annual meeting, and until their successors are elected and qualified. [1885, chap. 79.]
SEC. 13. [Officers not interested in contracts.]-No school officer shall be party to any school contract for building or furnishing supplies, except in his official capacity as a member of the board.
SUBDIVISION VI.-HIGH SCHOOL DISTRICTS.
SECTION 1. [District board.]—Any district containing more than one hundred and fifty children, between the ages of five and twenty-one years, may elect a district board consisting of six trustees; Provided, The district shall so determine at an annual meeting, by a vote of the majority of the voters attending such meetings. When such change in the district board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees for the term of one year, two for a term or two years, and two for a term of three years, and annually thereafter two trustees shall be elected, whose term of office shall be three years, and until their successors shall have been elected and filed their acceptance; Provided, further, That all officers whose term of office would otherwise expire upon the first Monday in April, shall continue to exercise the duties of their office until the second Monday in July. [Amended 1885, chap. 79.] SEC. 2. [Officers.]-Within ten days after their election, such trustees shall file with the directors a written acceptance of the office to which they have been elected, and shall annually elect from their own number a moderator, a director, and a treasurer and for cause may remove the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary school districts in this state, except as hereinafter provided. The trustees shall have power to fill any vacancy that may occur in their number till the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual report shall appoint the said officers from the members of said trustees.
SEC. 3. [Trustees--Powers,-Said trustees shall have power to classify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in such district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admissions to such schools, and the price to be paid for tuition on any branch therein; to employ all teachers necessary for the several schools of said district; to prescribe courses of study and text books for the use of said schools, and to make such rules and regulations as they may think needful for the government of the schools, and for the preservation of the property of the district, and also to determine the rates of tuition to be paid by non-resident pupils attending any school in said district.
SEC. 4. [Annual statement.]-The said trustees shall present at each annual meeting a statement in writing, of all receipts and expenditures on behalf of the district for the preceding year, and of all funds then on land, and an estimate of the amounts necessary to be raised by the district, in addition to the money to be received from the primary school fund and from other sources, for the support of the schools of said district for the ensuing year, and for incidental expenses thereof; and the said district may, at the annual meeting, vote such sums, to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof for the year.
SUBDIVISION VII.-COUNTY SUPERINTENDENT.
SECTION 1. [Election-Term.-There shall be a county superintendent in each organized county, whose term of service shall be two years, and who shall be elected at the same time and in the same manner as other county officers. It shall
be the duty of the county clerk to notify the state superintendent of the election of the county superintendent at the time said election is ascertained. [Amended 1883, chap. LXXII.]
SEC. 2. [Compensation.]-The county commissioners, or a majority of them present at the first regular session of each year, shall determine the compensation to be paid to the county superintendent, but such compensation shall not be less than twelve hundred dollars per annum in counties having a school population of five thousand or more; and not less than one thousand dollars per annum in counties having a school population of four thousand and less than five thousand; and not less than eight hundred dollars per annum in counties having a school population of three thousand and less than four thousand; and not less than five hundred dollars per annum in counties having a school population of two thousand and less than three thousand: and in counties having a school population less than two thousand, a per diem of not less than three and one-half dollars or more than five dollars for each day actually employed in the duties of his office. The number of days necessary for the duties of his office shall be determined by the county superintendent, but the number of days so employed shall not be less than the number of school districts in said county, and one day for each precinct thereof for the examination of teachers. The superintendent shall file in the office of the county clerk a sworn statement of his account. [Amended 1883, chap. LXXII.]
SEC. 3. [Teacher's examination.]- The county superintendent shall examine all persons offering themselves as teachers for the public schools, and shall attend at the county seat upon the third Saturday in each month in the year for that purpose, and at such other times and places as he may select, by giving not less than five days notice in some paper published in his county; or, if there be no paper published in such county, then he shall cause to be posted up in three public places in the precinct where such examination is to take place, not less than five days prior to such examination, a notice of the time or place thereof. Any certificate granted at any other time or place than those specified above shall be null and void. And any county superintendent who shall violate the provisions of this section shall, upon conviction of the same, be fined in any sum not less than twenty-five dollars. [Amended 1883, chap. LXXII.]
SEC. 4. [Teachers' certificates.]-The county superintendent may endorse a certificate in force in any county of this state, or of any other state, without examination, and said endorsement shall render the said certificate valid in his county for such time as the superintendent may determine, not exceeding two years from the date of said endorsement, but in no instance for a longer time than said certificate was originally intended; Provided, That the superintendent shall have power to revoke said certificate for the same causes and in like manner as those granted by himself.
SEC. 5. [Same.]-He shall grant certificates in such forms as shall be prescribed by the state superintendent of public instruction, licensing as teachers ali persons whom, on thorough and full examination, he shall deem qualified in respect to good moral character, learning, and ability to instruct and govern a school; but no certificate shall be granted to any person who shall not pass a satisfactory examination in orthography, reading, writing, geography, arithmetic, physiology, English composition, and English grammar; Provided, That no person shall be entitled to receive more than three (3) third grade certificates.
SEC. 6. [Same-Grades.]--There shall be three grades of certificates of teachers to be granted by the county superintendent, in his discretion, to wit: The certificate of the third grade shall be granted to persons who shall have passed satisfactory examination in the branches specified in the above section, which certificate shall license the holder thereof to teach in some special district, and shall not continue in force more than six months. The certificate of the second grade may be granted to any person of approved learning and character, who, in addition to the branches specified in the above section, shall pass a satis
factory examination in history of the United States, civil governments, book keeping, blackboard drawing, and theory and art of teaching, which certificate shall be valid throughout the county for one year, unless sooner revoked. The certificate of the first grade shall be granted to no person who has not taught at least one year, with approved ability and success, and who shall not pass a satisfactory examination in all the branches required to obtain a second grade certificate, and in algebra, geometry, botany, and natural philosophy, which certificate shall be valid throughout the county in and for which it was granted, for two years, unless sooner revoked.
SEC. 7. [Same-Revocation-Record.]-The county superintendent, or any authority or corporation authorized to grant certificates to teachers, may revoke any such certificate for any reason which would have justified the withholding thereof when the same was given; as for gross negligence of duty, or for incompetency or immorality, which reasons shall not be spread on the records, unless requested by the teacher, but no certificate shall be revoked without notice by the superintendent, and an opportunity to explain or defend his conduct, if he desires such opportunity. No certificate shall be revoked except by the authority granting it, but the county superintendent shall report to the authority granting said certificate, the fact that it should be revoked, giving his reasons therefor. superintendent shall keep a record of all certificates granted and annulled by him,. with the grade, date, and duration of each, and shall deliver such record, with all other books and papers belonging to his office, to his successor.
SEC. 8. [General duties. It shall be the duty of the county superintendent to visit each of the schools of his county at least once in each year, to examine carefully into the discipline and modes of instruction, and into the progress. and proficiency of the pupils, and to make a record of the same, and to counsel with teachers and district boards as to the course of study to be pursued, and for the improvement of the instruction and discipline of the school; to note the condition of the school house and appurtenances thereto, and to suggest a place for new school houses to be erected, and for warming and ventilating the same, and for the general improvement of the school house and grounds; to promote, by public lectures and teachers' institutes, and by such other means as he may devise for the improvement of the schools in his county, and the elevation of the character and qualifications of the teachers thereof; to consult with the teachers and school boards, to secure general and regular attendance of the children of his county upon the public schools.
SEC. 9. [Communication from state superintendent.]-It shall bethe duty of the county superintendent to receive all such blanks and communications as may be directed to him by the state superintendent of public instruction, and to dispose of the same in the manner directed by the state superintendent.
SEC. 10. [Report to same.]-The county superintendent shall examine into the correctness of the reports of the district boards, and may, when necessary, require the same to be amended, and shall endorse his approval on such as he shall find correct, and transmit. duplicates thereof, together with such other information as may be required of him, to the state superintendent of public instruction, when required by said state superintendent.
SEC. 11. [Orders from same.]-The county superintendents shall be subjected to such rules and instruction as the state superintendent of public instruction may from time to time prescribe, and they shall report annually to the superintendent of public instruction, at such times as he may direct, of the official labors performed, and of the general condition and management of the schools under their charge, and such other information as may be required of them by said superintendent.
SEC. 12. [Vacancy, how filled.]-Whenever, by death, resignation, or removal, or otherwise, the office of superintendent shall become vacant, the county board shall have power to fill such vacancy.
SEC. 13. [Negligent reports of districts.]-Should any district neglect to send in the reports required by section 2, subdivision V, of this chapter, by