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the state shall provide for their respective schoolhouses a suitable flag of the United States, which shall be hoisted on the respective schoolhouses on all suitable occasions. The respective boards of trustees are hereby authorized and directed to cause said flags to be paid for out of any county school money in their respective school district funds not required for regular expenses. If the trustees in any school district fail or neglect to provide such flag, the deputy superintendent of public instruction shall himself provide the school with a flag and shall install the same upon the schoolhouse, and shall pay the expenses incurred in such action by drawing his order on the county auditor, and the county auditor shall draw his warrant on the county treasurer in payment of same. The State Flag.

SEC. 114. The official flag of the State of Nevada is hereby created, to be designed of the following colors, with the following lettering and devices thereon, to wit: The body of the flag shall be of solid blue. On the blue field, and in the center thereof, shall be placed the great seal of the State of Nevada, as the same is designed and created by section 4402, Revised Laws, 1912; the design of said seal to be in scroll border, and the words " The Great Seal of the State of Nevada” to be omitted. Immediately above the seal shall be the words " Nevada” in silver-colored block Roman capital letters. Immediately below the seal, and in the form of a scroll, shall be the words "All For Our Country” in gold-colored block Roman capital letters. Above the words "Nevada” there shall be placed a row of eighteen gold-colored stars, and below the words "All For Our Country” there shall be placed a row of eighteen silver-colored stars. Each star shall have five points, and shall be placed with one point up. As enacted, Stats. 1915, 251, 250. Attorney-General Advisor of Deputy Superintendents.

Sec. 116. The state attorney-general shall give, when required, and without fee, his opinion in writing to deputy superintendents of public instruction on matters relating to the duties of their offices. Teachers Exempt from Jury Duty.

Sec. 117. Teachers actually engaged in teaching in the public schools of the state and members of the faculty of the state university shall be exempt from jury duty during the session of the public schools or university, but nothing in this act shall be construed as to excuse said teachers from liability to jury duty during a vacation. Classification of Funds.

SEC. 118. On and after the fifteenth day of September, nineteen hundred and eleven, the county auditors and the county treasurers of the several counties of the State of Nevada shall keep separate accounts in their books for the library fund, the county school fund, and the state school fund of each district within their respective counties, and in no case shall they keep any school fund account in such manner that its balance shall at any time include the amounts on hand in any two school funds.

If on the said fifteenth day of September, nineteen hundred and eleven, the county auditor and the county treasurer in any county shall not have their respective school fund accounts arranged so that no school fund account shall show by its balance the amount on hand in any two or more school funds, the said county auditor and the county treasurer shall adjust their school fund accounts in the following manner:

The county auditor shall determine the total amount of money in the county treasury to the credit of each school district on the said fifteenth day of September, nineteen hundred and eleven. He shall then deduct from the said total amount to the credit of each school district at the time mentioned, the amount of money which should be in the library fund of each of the said school districts on the fifteenth day of September, nineteen hundred and eleven, and the amount so deducted shall constitute, for each school district, a separate fund which shall thereafter be designated as the library fund for such school district, and the county auditor shall thereafter make such entries in the said library fund as will show, at all times, the apportionments made to that fund, and all amounts drawn from the said fund in payment of legal claims.

If for any reason the auditor cannot tell the exact amount which should be in the library fund of any school district on the date mentioned above, he shall deduct from the total amount to the credit of the school district an amount equal to the apportionment to the library fund of that district made in July, nineteen hundred and eleven, and the amount so deducted shall constitute, for such school district, a separate fund which shall thereafter be designated as the library fund as provided above.

After the auditor has established the library fund for each school district, as described above, he shall deduct from the remainder of the total amount to the credit of each school district, the amount apportioned to the state school fund of that district in July, nineteen hundred and eleven, and the amount so deducted shall constitute the state school fund of that school district, and the auditor shall open a separate account in his books for the said state school fund, and he shall thereafter make such entries in the state school fund account as will show, at any time, the apportionments made to such state school fund, and all amounts drawn from the said fund in payment of teachers' salaries; provided, that only the salaries of teachers shall be paid from such fund.

After establishing a library fund, and a state school fund, for each school district in the manner described above, the auditor shall establish a county school fund for each school district in the county by opening a separate account in his books and making proper entry therein of the amount left to the credit of each district after deducting from the said total amount the several amounts described above as constituting the library fund and the state school fund for each district, and the remainder left, when the said two amounts shall have been deducted from the total amount to the credit of each school district, shall constitute the county school fund of each school district, and the county auditor shall thereafter make such entries in the county school fund account as will show, at all times, the apportionments made to that fund, and all amounts drawn from the said fund in payment of legal claims.

After the county auditor in each county has established the library fund, the state school fund, and the county school fund for each school district in the manner described above, he shall certify the amounts in each of the said funds to the county treasurer, and the county treasurer shall immediately open a separate account in his books for each of the three funds mentioned above, and he shall, thereafter, make such entries

in each of the said accounts as will show, at all times, the apportionments made to each fund, and all amounts drawn from each fund in payment of legal claims. Penalty.

Sec. 119. In case of failure or neglect on the part of the county auditor or the county treasurer of any county to comply with the provisions of the foregoing section, he shall forfeit for the benefit of the county school fund the sum of one hundred dollars from his official compensation, and it is hereby made the duty of the county commissioners, on notice from the deputy superintendent of public instruction of such failure or neglect on the part of any county auditor or county treasurer to comply with the provisions of the foregoing section, to deduct the said one hundred dollars from the compensation of the said negligent officer, and the commissioners shall place the said amount to the credit of the county school fund. Penalty for Nonfulfilment of Contract.

SEC. 120. Should any teacher employed by a board of school trustees for a specified time, leave the school before the expiration of such time, without the consent of the trustees, in writing, said teacher shall be deemed guilty of unprofessional conduct, and the deputy superintendent of public instruction is authorized, upon receiving notice of such fact, to suspend the certificate of such teacher for the period of one year. Appeal, How Made.

Sec. 121. From any decision made by a deputy superintendent affecting adversely the rights, powers, or duties of any teacher or school board as fixed by law, in any case in which no appeal is allowed to the board of education, an appeal may be taken to the superintendent of public instruction, and his decision in the premises shall be final.

CHAPTER 9

CENSUS MARSHALS

Schools Classified for Census Purposes.

SEC. 122. For the purpose of securing the school census each year in the State of Nevada, the school districts of the state are hereby classified as follows: All school districts having thirty or more school census children at the last preceding school census shall be known as districts of the first class. All school districts having fewer than thirty census school children at the last preceding school census shall be known as districts of the second class. Teacher Ex Officio Census Marshal, When.

In all school districts of the second class as described in this section the regularly appointed and qualified teachers shall be ex officio school census marshals and shall serve without compensation for such services

census marshals; provided, that if there shall not be any regular teachers employed and engaged in teaching in any school district of the second class as described in this section on the first day of March of each year, then it shall be the duty of the trustees of such districts to appoint on the said first day of March of each year a competent person over twenty-one years of age as census marshal for the district in the same

as

manner as provided herein for appointment of census marshals in school districts of the first class, and in case a census marshal is appointed in such school district of the second class because there is no teacher therein, then the said marshal shall be paid for the services in the same manner as marshals in the districts of the first class are paid. Women May Serve as Census Marshals.

It shall be the duty of the board of trustees of each school district of the first class as described in this section to appoint a competent person over twenty-one years of age as school census marshal before the first day of March of each year, and to notify the deputy superintendent of public instruction of such appointment immediately after it is made. This section shall not be construed in such a way as to prevent the appointment of a member of the board of school trustees or of a woman as school census marshal. Deputy Superintendent Appoints Census Marshal, When.

If the board of school trustees shall fail to appoint a school census marshal in any district of the first class as described in this section, or in any district of the second class when necessary, as provided in this section, before the fifteenth day of March of each year, the deputy superintendent of public instruction shall appoint the census marshal for such school districts, such appointee to proceed in like manner as if appointed by the school trustees, and any appointment of census marshal made by the trustees subsequent to that time shall be void. As amended, Stats. 1913, 153, 154. Blanks for Marshal.

Sec. 123. The superintendent of public instruction shall supply each school census marshal with printed instructions as to his duty, and with all blank forms required for taking and reporting the census. Duties of School Census Marshal.

SEC. 124. The board of trustees shall designate to each census marshal the portion of the school district in which the said marshal shall take the census, and each census marshal shall be responsible for a correct census in the territory to which he is appointed, and he shall return his census reports to the clerk of the board of trustees. The board of trustees shall, in case of two marshals in the same district, designate which marshal shall compile the final report for the deputy superintendent of public instruction and the board of trustees.

Before the school census marshal shall enter upon the performance of his duties, he shall take and subscribe to the oath of office, and such oath shall be filed in the office of the deputy superintendent of public instruction.

It shall be the duty of the school census marshals to take annually in the month of April a census of the resident children in the districts for which they shall be appointed, and to report the same to the deputy superintendent of public instruction. The term "resident children" as used in this section shall be defined in such a way as to include:

1. Children residing with their parents or guardians in such district.

2. Children temporarily residing outside of said district for the purpose of attending institutions of learning or benevolent institutions, except those children who shall be residents of a state orphans' home, in which case the said residents of a state orphans' home shall be taken in the district in which the state orphans' home shall be located; provided, that the parents of resident children of any district must have resided in the district on the first day of April; and provided further, that the resident children must themselves have been actual residents of the district immediately previous to such outside residence.

The term "resident children” is further defined as to exclude: 1. Children temporarily visiting or in passing through said district.

2. Children who have never actually resided within the district, even though their parents or guardians shall reside within the district.

3. Children who are residing within the district for the purpose of attending institutions of learning or benevolent institutions, except the children of a state orphans' home, whose census shall be taken in the district in which the state orphans' home shall be located.

4. All children who may properly be included in the census of some other district.

5. Indian children who shall not have attended public school at least eighty days in the twelve months preceding the date of taking the census during the last preceding year. As amended, Stats. 1913, 154, 155. Census Marshal Must Visit Each Home.

SEC. 125. The school census marshal shall visit each home, habitation, residence, domicile, or place of abode in his district and require the necessary information of parents or others competent to give accurate information, supplementing and correcting this by actual observation when necessary.

The school census marshal shall have power to administer the legal oath to parents, guardians, and other persons furnishing such information. What Report Shall Contain.

SEC. 126. The reports of the school census marshals shall be made upon blank forms to be furnished by the superintendent of public instruction, and shall show the following facts:

1. The full names of all children less than eighteen years of age and residing in the district on the first day of April, such names to be given by families under the name of the parents or guardian.

2. The year, month, and day on which each child was born, and the age in years, counting to the first day of April.

3. The sex and race of each child.
4. The place of birth of each child and of each parent.

5. The total number of children less than six years of age; the total number of children not less than six years of age nor over eighteen years of age. Only those children who are not less than six years of age nor more than eighteen years of age shall be considered as school census children.

6. Such other facts as the superintendent of public instruction may require. As amended, Stats. 1913, 155, 156. Districts in Two Counties.

SEC. 127. In the case of districts lying partly in two or more counties, the school census marshal shall report separately the children of each county. Clerk to Examine Marshal's Report.

SEC. 128. Immediately after the school census marshal shall have completed the work of taking the census, he shall submit a report of the

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