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 the third Monday in May, it shall be the duty of the county superintendent to notify the officers of such districts that the report is due, and should be sent at

once.

SEC. 14. [Report of blind, deaf and dumb.]-The county superintendent shall report on or before the first Tuesday in September of each year, to the superintendent of the blind asylum, the name, age, residence, and postoffice address of every person blind to such an extent as to be unable to acquire an education in the common schools, and who resides in the county in which he is superintendent, and also to the superintendent of the Nebraska institute for the deaf and dumb, the name, age, and post office address of every deaf and dumb person between the ages of five and twenty-one years, who resides within his county, including all such persons as may be deaf to such an extent as to be unable to acquire an education in the common schools.

SUBDIVISION VIII.--STATE SUPERINTENDENT.

SECTION 1. [Office-Location.]-The superintendent of public instruction shall keep an office, which shall be furnished for him, at the seat of government of the state, and he shall keep all books and papers pertaining to his office therein, subject at all times to the examination of the governor or auditor of state, or a committee from either branch of the legislative assembly.

SEC. 2. [Teachers institutes.]-He shall organize teachers normal institutes at such times and places as he shall deem practicable. He shall, as far as practicable, attend said institutes and provide proper instructors for the same, and in other ways seek to improve the efficiency of teachers, and advance the cause of education in the state.

SEC. 3. [Visit schools.]-He shall visit such schools as he may have it in his power to do, and witness and advise with teachers and school officers upon the manner in which they are conducted.

SEC. 4. [Questions of law.]-He shall decide disputed points in school law, and all such decisions shall be held to have the force of law till reversed by the courts.

SEC. 5. [Forms of reports.]--He shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state.

SEC. 6. [School laws.]-He shall cause to be printed, in pamphlet form, the school laws and laws relating to the school lands, with blank forms prescribed by him, and furnish each county superintendent with a sufficient number to supply the district officers within; his jurisdiction.

SEC. 7. [Annual report.]-He shall annually, on the first day of January, submit to the governor of the state a full report of the operations of his office during the year, which report shall contain a statement of the school funds of the state, and an account of the receipts and expenditures for the purpose of schools, a statement of the condition of the common schools and other educational institutions chartered or fostered by the state, embracing the number of schools of the several grades, the number and average compensation of the teachers, the names and compensations of county superintendents, the number of pupils attending the several schools, the enumeration of youth by counties, the value of school

houses, sites, apparatus, and furniture, a statement of such plans as he may devise for the better management of the school funds and the school system, and such other statements as he may deem expedient to communicate relating to his office and popular education.

SEC. 8. Same-Distribution.]--He shall cause his report to be printed by the state printers, and shall deliver at the commencement of each regular session of the legislature one hundred copies thereof to the senate and four hundred copies to the house of representatives, and transmit one copy to each district director in the state, and one to each county superintendent.

SEC. 9. School fund--Apportionment.]-He shall, semi-annually, on or before the third Monday in June and the last Monday in December, make an apportionment of the funds which are in the treasury and which are applicable to the support of schools, which apportionment shall be based upon the enumeration of youth reported to the state superintendent by the county superintendents.

SUBDIVISION IX.--THE TEACHER.

SECTION 1. [Qualifications.]—No person shall be accounted a qualified teacher within the meaning of the school law, who has not a certificate in force from a county superintendent, or one as provided for in subdivision 14, section 19 of this chapter (Subdivision "Schools in cities") or a certificate or diploma from a state normal school of Nebraska, a certificate from the state superintendent of public instruction, or a diploma from a state normal school of another state, approved by the state superintendent of this state.

SEC. 2. [Monthly returns.]--Every teacher shall make a monthly return to the director of the district, of the number of pupils attending his or her school, the names and ages of each, the days attended, the studies pursued, and no teacher will be entitled to receive pay in full for a term's service till the term summary is properly filled out and approved by the director.

SEC. 3. (School month.]-In the absence of any agreement between the director and teacher, to the contrary, twenty days shall constitute a school month. SEC. 4. [State certificate.]-Permanent teachers of high character, and broad scholarship, and who have a successful experience, may upon examination by the state superintendent or by a committee of three competent teachers appointed by him, receive a professional state certificate, which shall authorize the holder to teach in any public school in the state, without further examination; Provided, That no life certificate shall be in force after its holder shall permit a space of three years to lapse without following some educational pursuit, unless said certificate be endorsed by the acting state superintendent. Provided, further, That graduates of colleges and universities of good standing, who have received a certificate of the first grade in this state and who shall have taught in any high school in the state with ability and success for at least three years, shall be entitled to a professional certificate without further examination.

SEC. 5. Same-Studies requisite.]-The branches required for a professional state certificate, shall be the following, to wit: Written arithmetic, U. S. history, reading and elocution, English grammar, common and physical geography with map drawings, mathematical geography and projection, school economy, physiology, algebra, natural philosophy, chemistry, composition and rhetoric, book keeping, plane and solid geometry, plane trigonometry, geology, zoology, botany, English literature, general history, political economy, intellectual philosophy, moral philosophy, logic, astronomy, civil government and school laws, history of education, and the theory and art of teaching.

SUBDIVISION X.-TEACHERS INSTITUTES.

SECTION 1. Kinds.]-For the purpose of allowing teachers an opportunity to improve themselves in the art of teaching, two kinds of teachers institutes shall be held in the state, viz: normal institutes to be organized by the state superintendent, and county institutes to be organized by the county superintendents.

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SEC. 2. [Normal institutes.]-Normal institutes shall be organized at such times and places as the state superintendent shall deem practicable. He shall fix the length of term, designate what counties shall be included, and provide competent instructors to conduct them.

SEC. 3. [Attendance by superintendent,]-It shall be the duty of the county superintendents of the counties included in such district to attend such institute, at least one week, for the purpose of comparing notes with the state superintendent, and other county superintendents on the methods of school work.

SEC. 4. [Expenses, how defrayed.]-For the purpose of defraying the expenses of these institutes there is hereby appropriated the entire institute fund of the county in which the institute is located; and the further sum of two dollars to be paid out of the institute fund of any county from which any teachers go to attend said institute, for each teacher who attends from such county.

SEC. 5. [Institute fund.]-To form a fund to defray the expense of institutes, each teacher examined for a certificate, or who has a certificate renewed or indorsed by the county superintendent, shall pay the sum of one dollar to the county superintendent, who shall, at the end of each month, deposit all such sums in the county treasury, to be designated the institute fund. To the sum thus raised the county board, if they deem it desirable, may add the sum of twentyfive dollars from the public funds of the county.

SEC. 6. [Same-Disbursements.]-All disbursements from this fund shall be by order of the county superintendent, and upon bills approved by him, which bills shall be filed in the office of the county treasurer.

SUBDIVISION XI.-SCHOOL FUNDS.

SECTION 1. [Levy for school purposes.]-For the purpose of affording the advantages of free education to all the youth of this state, the state common school fund, in addition to the funds derived from the sale of school lands and interest thereon, and fines and forfeitures as provided by statutes and the constitution, shall be further increased by annual levy and assessment of not to exceed 14 mills upon the dollar valuation on the grand list of the taxable property of the state; and the amount so levied and assessed shall be collected in the same manner as other state taxes, and when collected shall be semi-annually distributed to the several counties of this state, in proportion to the enumeration of scholars, and be applied exclusively to the payment of teachers wages.

SEC. 2. [Collections-Report to the state treasurer.]—The county treasurer shall collect, or cause to be collected, the fines and all moneys for school purposes in his county, and take all proper measures to secure to each district its full amount of school funds, and all county treasurers shall report to the state treasurer and state auditor semi-annually, on or before the third Monday in April and the first Monday of November, and at such other times as the auditor may require, a statement showing the whole amount of moneys collected on account of state, county, and district school tax, and from all other sources respectively, noting the interest separately, and the amount received on account of licenses and fines, and from all other sources from which school funds are derived, together with a statement showing the amount paid out, to whom and on what account, and at the same time the county treasurer shall pay over to the state treasurer all funds and moneys, from whatever source derived, belonging to the general school fund in his hands, and make a settlement thereof with the state treasurer.

SEC. 3. [Exhibit of state treasurer - Apportionment to counties.]-The state treasurer shall, semi-annually, on or before the third Monday in May and the first Monday in December, make a complete exhibit of all moneys

SEC. 1. See sec. 75. ante p. 413.

SEC. 2. The treasurer may maintain an action to recover fines, forfeited recognizances and liquor license money belonging to the school fund. 5 Neb. 309. 9 Id. 352, 405. But the county is not liable for the acts of the treasurer in disbursing or disposing of such funds. 9 Neb. 405.

belonging to the school fund of the state, as returned to him from the several counties, together with the amount derived from other sources, and deliver the same duly certified to the state superintendent; and within twenty days thereafter the state superintendent shall make the apportionment of said funds to such counties according to the pro rata enumeration of scholars in each county last returned from the county superintendent, and certify the apportionment of each to the county superintendent of the proper county and to the state auditor, who shall draw a warrant on the state treasurer in favor of the various counties for the amount so specified by the state superintendent.

SEC. 4. Apportionment to districts.]-The several county superintendents shall immediately and within twenty days after receiving such apportionments, and after adding thereto all moneys received by the county treasurer on account of fines and licenses, apportion the entire amount as follows, to wit: One fourth of the whole amount to be distributed equally to the several districts in the county, and the remaining three-fourths of the whole to be distributed to the several districts in his county pro rata, according to the enumeration of scholars last returned by the directors of the various districts, and no district, city, or village, which shall have failed to sustain a school for the length of time required by section 14, subdivision II. of this chapter, shall be entitled to receive any portion of the fund.

SEC. 5. [New districts.]-When a new district is formed from other districts where during the preceding school year school has been kept open the term required by law, such new district will be held and deemed to have had school the lawful time, and apportionment shall be made to it accordingly.

SEC. 6. [Fractional district.—In making the "one-fourth" apportionment each fractional district shall receive one-half as much as a full district.

SEC. 7. [Certificate of apportionment.]-The county superintendent hall, immediately after making such apportionment, enter the same in a book kept for that purpose, and shall furnish the county treasurer with a certified copy of such apportionment, and each of the directors in the respective districts in his county a certificate, showing the amount due such district, which amount shall be subject to the order of the director on the county treasurer, when properly countersigned by the moderator.

SEC. 3. No fees for receiving or paying.]-County treasurers are not allowed to charge a per cent. for receiving and disbursing the state school appropriation.

SEC. 9. [Misuse of funds.]-School district treasurers are forbidden to lend or use any part of the school moneys which may be in their hands under penalty of fine and imprisonment, under the provisions of the statute regarding embezzlement.

SEC. 10. [Apportionment, when drawn.]-Hereafter before a school district treasurer shall be allowed to draw the state apportionment from the county treasurer he must present a certificate from the county superintendent setting forth that such district has had the legal number of months school, has made the census report properly, and has made the proper financial report required by law.

SUBDIVISION XII.-SCHOOL HOUSE SITES.

SECTION 1. [Appropriation-Appraisers.--If the owner of any real esstate on which a school board may desire to locate a school house, refuses or neglects to grant the site on his or her premises, or if such owner cannot be found, the county superintendent shall appoint three disinterested persons, none of whom shall be residents of the district, whose duty it shall be, after taking an oath to faithfully discharge the duties imposed on them by this subdivision, to inspect such real estate and assess the damages which such owner shall sustain by the appropriation of his land for the use of said house and school, and make a report to said county superintendent, giving amount of land and damages, with exact location of land, and who shall file and preserve the same in his office. Each per

son acting as such appraiser shall receive the sum of two dollars per day for his services.

SEC. 2. [Site-Use-Reversion.]-The school board shall pay the cost of this appraisement, and after paying to the owner of the land the amount of damages assessed may enter upon and occupy the land as long as the district desires to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner of the fee simple of the land from which it was taken on the payment by him of the amount originally paid for the land without interest.

SEC. 3. [Extent of site taken.]-When land is thus taken without the consent of the owner, it shall not be more in amount than one acre, and all orchards, gardens, public parks, shall not be liable to be thus taken, nor shall land be taken, within twenty rods of any residence.

SEC. 4. [Appeal from appraisement.]-The owner of land thus taken may appeal to the district court, and such appeal shall be taken within 60 days and in the same manner and by the same proceedings as in cases of condemnation by a railroad company for right of way, but the school board shall not be liable for costs of appeal unless the court grant greater damages than the committee of appraisement gave.

SEC. 5. [Site on state land.]-When it is desired to locate a school house site on school land belonging to the state, the state land commissioner is hereby authorized to sell to the district not less than one nor more than four acres, and give a deed to the district in fee simple in the name of the state as in other cases.

SUBDIVISION XIII.-THE STATE NORMAL SCHOOL.

SECTION 1. [Direction.]-The state normal school shall be under the direction of a board of education, consisting of seven members, five of whom shall be appointed by the governor for a term of five years each, and the state treasurer and the state superintendent of public instruction shall by virtue of their office be members of said board; Provided, That the present appointed members of the board shall continue to hold their several offices till the limit of the time for which they were appointed. All vacancies occurring in the board shall be filled by appointment by the governor.

SEC. 2. [Officers of board.]-The members of the board of education shall annually elect a president and a secretary from among their own number, and the state treasurer shall be treasurer of the board by virtue of his office.

SEC. 3. [Secretary duties-Report.]-It shall be the duty of the secretary to keep an exact and detailed account of the doings of the board, and on the first day of January of each year he shall transmit to the governor a report of all expenditures made during the preceding years, vouchers for which shall be kept on file in the office of the secretary and open to the inspection of the governor, auditor, and members of the legislature.

SEC. 4. [Teachers--Employees.]-The said board shall have power to appoint a principal, assistant teachers, and such other employees as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, provided that the affirmative votes of four members of the board shall be necessary to remove a principal or an assistant during the time for which such persons were appointed.

SEC. 5. [Compensation of board.]-The board of education shall receive no compensation for their services, but shall be reimbursed actual expenses incurred in attending upon meetings of the board.

SEC. 6. [Meetings.]-The board shall hold each year two regular meetings, the last week of the spring term in June, and the last week of the winter term in December, and such special meetings as may be found necessary.

SEC. 7. [Property-Preservation.]-The board shall adopt all needful rules and regulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, &c., belonging to the school.