Glass LB 2.5,Z :3 Book , K33/- OFFICIAL DONATION. 907 STATE OF NORTH DAKOTA GENERAL SCHOOL LAWS Comprising all ihe Laws in Force Pertaining to Public Schools, State Educational Institutions, School Lands and Public Lands Appropriated to the Use of the State Educational Institutions, with Appendices PUBLISHED BY DEPARTMENT OF PUBLIC INSTRUCTION W. L. STOCKWELL, Superintendent JUNE, 1907 Published by Authority BISM AR CE ! XBIBONK, PRINTERS AND BINDERS, 1 90 7 m n OF ^ Co THIS VOLUME) IS STATE PROPERTY And is for the use of of School District No County of State of North Dakota. School officers on retiring from office are required by law to de- liver this volume, with all other books and documents of an official character, to their successors in office. INTRODUCTORY This compilation of the General School Laws is authorized by sec- tion. 756 of the Revised Codes of 1905, and is designated to include all provisions relating to education at present in force which make the laws governing the complete school system of the state. It embraces the laws pertaining to the public schools, the state educational insti- tutions, and the lands appropriated to the use of the public schools and the state educational institutions. The compilation contains all general laws in full as appear in the code, amended or extended by the legislative assembly of 1907, Special acts are referred to by title only. Special Ews, designated by title only, laws pertaining to specula- tion in office and to penalty for failure to make reports, the filing of bond of school district treasurer, bonds for labor and material for public buildings and the decisions of the supreme court of the terri- tory of Dakota and of the state of North Dakota pertaining to school matters are to be found in •;he appendices. A calendar will also be found in the appendices which may be of assistance to school officers in the timely discharge of their duties. W. L. STOCKWELL, Superintendent of Public Instruction. Bismarck, N. D., June 1, 1907. CONGRESSIONAL ENACTMENT ORGANIC LAW NARCOTICS. Section 75. The nature of alcoholic drinks and narcotics, and spe- cial instruction as to their effects upon the human system, in connec- tion with the several divisions of the subject of physiology and hy- giene, shall be included in the branches of study taught in the com- mon or public schools, and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the territories in the military and naval academies of the United States and in the District of Columbia and in all Indian and colored schools in the territories of the United States. Sec. 76. It shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the pro- visions of this act ; and any such officer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all the pupils in each and every school under his jurisdiction, shall be removed from office and the vacancy filled as in other cases. Sec. 77. No certificate shall be granted to any person to teach in the public schools of the District of Columbia or territories, after the first day of January, anno Domini eighteen hundred and eighty-eight, who has not passed a satisfactory examination in physiology and hy- giene, with special reference to the nature and effects of alcoholic drinks and other narcotics upon the human system. Act of congress approved May 20, 1886. (See, also, sections 774 and 883, post.) RESERVATION OF SCHOOL LANDS. Sec. 88. Sections numbered sixteen and thirty-six in each town- ship of the territories of '-'^^ * * Dakota * * * shall be re- served for the purpose of being applied to schools in the several territories herein named, and in the states and territories hereafter to be erected out of the same. §1846 R. S. U. S., 1874, approved March 2, 1861. (See, also, Enabling Act, section 10, post.) GENERAL SCHOOL LAWS ENABLING ACT. (Approved February 22, 1889.) Sec. 4. (Providing for the Constitutional Conventions for North Dakota, South Dakota, Montana and Washington. And said con- vention shall provide by ordinances irrevocable without the consent of the United States and the people of said states : Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children of said states, and free from sectarian control. Sec. 10. That upon the admission of each of said states into the union, sections numbered sixteen and thirty-six in every township of said proposed states, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equivalent thereto, in legal subdivi- sions of not less than one-quarter section * * * are hereby granted to said states for the support of common schools. * * * Sec. 11. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than $10 per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be leased for periods of not m.ore than five years, in quantities not exceeding one section to any one person or company, and such land shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. Sec. 13. That five per centum of the proceeds of the sales of pub- lic lands lying within said states which shall be sold by the United States subsequent to the admission of said states into the union, after deducting all expenses incident to the same, which shall be paid to the said states, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said states, respectively. Sec. 14. That the lands granted to the territories of Dakota and Montana by the act of February 18, 1881, * * * are hereby vested in the states of South Dakota, North Dakota and Montana re- spectively, * * * to the extent of the full quantity of seventy- two sections to each of said states, * * * but said act of Febru- ary 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10 per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said states severally, and the income thereof be used exclusively for uni- versity purposes. * * * None of the lands granted in this sec- tion shall be sold at less than $10 per acre ; but said lands may be leased in the same manner as provided in section 11 of this act. The STATE OF NORTH DAKOTA schools, colleges and universities provided for in this act shall for- ever remain under the exclusive control of the said states, respec- tively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of anv sectarian or denominational school, college, or university. * * * Sec. 16. That 90,000 acre^ of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said states, except to the state of South Dakota, to which 120,000 acres are granted, for the use and support of agricultural colleges in said states, as provided in the acts of congress making donations of lands for such purpose. Sec. 17. That in lieu of the grant of land for purposes of internal improvement made to new states by the eighth section of the act of September 4, 1841, which act is hereby repealed as to the states pro- vided for by this act, and in lieu of any claim or demand by the said states, or either of them, under the act of September 28, 1850, and section 2479 of the revised statutes, making a grant of swamp and overflowed lands to certain states, which grant it is hereby declared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the following grants of lands are hereby made, to-wit : To the State of South Dakota : For the school of mines, 40,000 acres ; for the reform school, 40,000 acres ; for the deaf and dumb asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for the universitv. 40,000 acres ; for state normal schools, 80,000 acres ; for public buildings at the capital of state, 50,000 acres, and for such other educational and charitable purposes as the legislature of said state may determine, 170,000 acres ; in all 500,000 acres. To the State of North Dakota a like quantity of land as is in this section granted to the state of South Dakota and to be for like pur- poses, and in like proportion as far as practicable. CONSTITUTIONAL PROVISIONS [Adopted October 1, 1889.] PREAMBLE. We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution. 4 ARTICLE n. THE LEGISLATIVE DEPARTMENT. Sec. 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Hi * * * * * 12. Providing for the management of common schools. ARTICLE III. EXECUTIVE DEPARTMENT. Sec. 82. There shall be chosen by the qualified electors of the state at the time and places of choosing members of the legislative assem- bly a * * * superintendent of public instruction * * * who shall have attained the age of twenty-five years, shall be a citizen of the United States, and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government for the term of two A^ears and until their successors are elected and duly qualified. Sec. 83. The powers and duties of the * * superin- tendent of public instruction, * * shall be as pre- scribed by law. Sec. 84. Until otherwise provided by law, the * * superintendent of public instruction, * * shall each receive an annual salary of $2,000 ; * * but the salary of any of said officers shall not be increased or diminished dur- ing the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury. STATE OF NORTH DAKOTA 11 ARTICLE V. ELECTIVE FRANCHISE. Sec. 121. (Amended.) Every male person of the age of twenty- one years or upwards belonging to either of the following classes, who shall have resided in the state one year, and in the county six months, and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election : First — Citizens of the United States. Second — Civilized persons of Indian descent who shall have sev- ered their tribal relations two years next preceding such election. (See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.) Sec. 123. Electors shall in all cases except treason, felony, breach of the peace or illegal voting, be privileged from arrest on the days of election during their attendance at, going to and returning from such election, and no elector shall be obliged to perform military duty on the dav of election except in time of war or public danger. Sec. 125. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States. Sec. 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in conse- quence of his being stationed therein. Sec. 127. (Amended.) No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any elec- tion ; nor shall any person convicted of treason or felony, unless re- stored to civil rights ; and the legislature shall by law establish edu- cational test as a qualification, and may prescribe penalties for failing, neglecting or refusing to vote at any general election. Sec. 128. Any woman having qualifications enumerated in section 121 of this article as to age, residence and citizenship, and including those now qualified by the laws of the territory, may vote for all school officers, and upon all questions pertaining solely to school mat- ters, and be eligible to any school office. Sec. 129. All elections by the people shall be by secret ballot sub- ject to such regulations as shall be provided by law. ARTICLE VIII. EDUCATION. Sec. 147. A high degree of intelligence, patriotism, integrity and morality on the part of everv voter in a government by the people being necessary in order to insure the continuance of that govern- ment and the prosperity and happiness of the people, the legislative assemblv shall make provisi )n for the establishment and maintenance of a system of public schools which shall be open to all children of 12 GENERAL SCHOOL LAWS the state of Nnrth Dakota and free from sectarian controL The leg- islative reauirements shall be irrevocable v/ithout the consent of the United States and the people of North Dakota. {See Sec. y83, post.) Sec. 148. The legislative assembly shall provide at its first session after the adoption of this Constitution for a uniform system of free public schools throughout the state ; beginning with the primary and extending through ail grades up to and including the normal and col- legiate course. Sec. 149. In all schools instruction shall be given as far as prac- ticable in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind. Sec. 150. A superintendent of schools for each county shall be elected every two years, whose qualifications, duties, powers and com- pensation shall be fixed by law. Sec. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracv, secure a reasonable degree of uniformity in course of studv and to promote industrial, scientific and agricultural improvement Sec. 153. All colleges, universities and other educational institu- tions, for the support of which lands have been granted to this state, or which are supported by a public tax, shall remain under the abso- lute and exclusive control of the state. No money raised for the sup- port of the public schools of the state shall be appropriated to or used for the support of any sectarian school. ARTICLE IX. SCHOOL AND PUBLIC LANDS. Sec. 153. All proceeds of the public lands that have heretofore been or may hereafter be granted bv the United States for the sup- port of the common schools in this state ; all such per centum as may be granted by the United States on the sale of public lands; the proceeds of property that shall fall to the state by escheat; the proceeds of all gifts and donations to the state for common schools, or not otherwise appropriated by the terms of the gift, and all other property otherwise acquired for common schools, shall be and re- main a perpetual fund for the maintenance of the common schools of the state. It shall be deemed a trust fund, the principal of which shall forever remain inviolate, and may be increased but never diminished. The state shall make good all losses thereof. (See sec. 164.) Sec. 154. The interest and income of this fund, together with the net proceeds of all fines for violation of state laws, and all other sums which may be added thereto by law shall be faithfully used and applied each year for the benefit of the common schools STATE OF NORTH DAKOTA 13 of the state, and shall be for this purpose apportioned among and between all the several common school corporations of the state in proportion to the number of children in each of school age, as may be fixed by law, and no part of the fund shall ever be diverted even temporarailv from this purpose, or used for any other purpose whatever than the maintenance of common schools for the equal benefit of all the people of the state ; provided, however, that if any portion of the interest or income aforesaid be not expended during the year, said portion shall be added to and become a part of the school fund. Sec. 155. After one year from the assembling of the first leg- islative assembly, the lands granted to the state from the United States for the support of the common schools, may be sold upoil the following conditions, and no other: No more than one-fourth of all such lands shall be sold within the first five years after the same become saleable by virtue of this section. No more than one- half of the remainder within ten years after the same become saleable as aforesaid. The residue may be sold at any time after the expira- tion of said ten years. The legislative assembly shall provide for the sale of all school lands subject to the provisions of this article. The coal lands of the state shall never be sold, but the legislative assembly may by general laws provide for leasing of the same; the words "coal lands" shall include lands bearing lignite coal. Sec. 156. The superintendent of public instruction, governor, attorney general, secretary of state and state auditor shall con- stitute a board of commissioners, which shall be denominated the "Board of University and School Lands," and subject to the pro- visions of this article and any lav/ that may be passed by the legislative assembly, said board shall have control of the appraise- ment, sale, rental and disposal of all school and university lands, and shall direct the investment of the funds arising therefrom in the hands of the state treasurer, under the limitations in section IGO of this article. Sec. 157. The county superintendent of common schools, the chairman of the county board and the county auditor shall con- stitute boards of appraisal, and under the authority of the state board of university and school lands shall appraise all school lands within their respective counties, which they may from time to time recommend for sale, at their actual value, under the prescribed terms, and shall first select and designate for sale the most valuable lands. Sec. 158. No lands shall be sold for less than the appraised value, and in no case for less than ten dollars per acre. The purchaser shall pay one-fifth of the price in cash, and the remain- ine four-fifths as follows : One-fifth in five years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty years, with interest at the rate of not less than six per centum, payable an- 14 GENERAL SCHOOL LAWS nually in advance. All sales shall be held at the county seat for the county in which the land to be sold is situate, and shall be at public auction, and to the highest bidder, after sixty days' advertisement of the same in a newspaper of general circulation in the vicinity of the lands to be sold, and one at, the seat of gov- ernment. Such lands as shall not have been specially subdivided shall be offered in tracts of one-Quarter section, and those so sub- divided in the smallest sub-divisions. All lands designated for sale and not sold within two years after appraisal shall be reappraised before thev are sold. No grant or patent for any such lands shall issue until payment is made for the same ; provided, that the lands contracted to be sold by the state shall be subject to taxation from the date of such contract. In case the taxes assessed against any of said lands for any year remain unpaid until the first Monday in October of the following year, then and thereupon the contract for sale of such lands shall become null and void. Sec. 159. All lands, money or other property, donated, granted or received from the United States or any other source for a uni- versity, school of mines, reform school, agricultural college, deaf and dumb asvlum, normal school, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source shall be and remain perpetual funds, the interest and income of which together with the rents of all such lands as may remain unsold, shall be inviolably appro- priated and applied to the specific object of the original grants or gifts. The principal of every such fund may be increased but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the state, and the state shall make good all losses thereof. {See Sec. 164.) Sec. 160. All lands mentioned in the preceding section shall be appraised and sold in the same manner and under the same limitations and subject to all the conditions as to price and sale as provided above for the appraisal and sale of lands for the benefit of common schools ; but a distinct and separate account shall be kept by the proper officers of each of said funds ; provided, that the limitations as to the time in which school lands may be sold shall apply onlv to lands granted for the support of common schools. Sec. 161. The legislative assembly shall have authority to pro- vide bv law for the leasing of lands granted to the state for edu- cational and charitable purposes ; but no such law shall authorize the leasine of said lands for a longer period than five years. Said lands shall only be leased for pasturage and meadow purposes and at a public auction after notice as heretofore provided in case of sale ; provided, that all of said school lands now under cultivation may be leased at the discretion and under the control of the board STATE OF NORTH DAKOTA 15 of university and school lands for other than pasturage and meadow purposes until sold. All rents shall be paid in advance. Sec. 163. The moneys of the permanent school fund and other educational funds shall be invested only in bonds of school cor- porations within the state, bonds of the United States, bonds of the state of North Dakota, or in first mortgages on farm lands in the state not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of appraisers of school lands. Sec. 163. No law shall ever be passed by the legislative assem- bly granting to any person, corporation or association any privileges by reason of the occupation, cultivation or improvement of any public lands by said person, corporation or association subsequent to the survey thereof by the general government. No claim for the occupation, cultivation or improvement of any public lands shall ever be recognized, nor shall such occupation, ciiltivation or improvement of any public lands ever be used to diminish, either directly or indirectly, the purchase price of said lands. ^ Sec. 164. The legislative assemby shall have authority to pro- vide by law for the sale or disposal of all public lands that have been heretofore, or may hereafter be granted by the United States to the state for purposes other than set forth and named in sec- tions 153 and 159 of this article. And the legislative assembly in providing for the appraisement, sale, rental and disposal of the same, shall not be subject to the provisions or limitations of this article. Sec. 165. The legislative assembly shall pass suitable laws for the safe-keeping, transfer and disbursement of the state school funds, and shall reauire all officers charged with the same or the safe-keeping thereof to give ample bonds for all moneys and funds received by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan, with or without interest or shall deposit in his own name, or otherwise than in the name of the state of North Dakota, or shall deposit in any banks or with any person or persons, or exchange for other funds or property any por- tion of the school funds aforesaid, or purposely allow any portion of the same to remain in his own hands uninvested except in the manner prescribed by law, every such act shall constitute an embezzlement of so much of the aforesaid school funds as shall be thus taken or loaned, or deposited, or exchanged, or withheld, and shall be a felony ; and any failure to pav over, produce or account for the state school funds or any part of the same entrusted to any such officer, as by law re- Quired or demanded, shall be held and be taken to be prima facie evidence of such embezzlement. 16 GENERAL SCHOOL LAWS ARTICLE XII. PUBLIC DEBT AND PUBLIC WORKS, Sec. 183. The debt of any county, township, town, school district or anv other nolitical subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein; provided, that anv incorporated citv may by a two-thirds vote increase such in- debtedness three per centum on such assessed value beyond said five per cent limit. In estimating- the indebtedness which a city, county, township, school district or any other political subdivision may incur, the entire amount of existing indebtedness, whether contracted prior or subsequent to the adoption of this constitution shall be included ; * * * All bonds or obligations in excess of the amount of indebtedness permitted by this constitution, given by any city, county, township, town, school district or other political subdivision, shall be void. Sec. 184. Any city, county, township, town, school district, or any other political subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid. Sec. 185. Neither the state nor anv county, city, township, town, school district or any other political subdivision shall loan or give its credit or make donations to or in aid of any individual, association or corporation, except for necessary support of the poor, nor sub- scribe to or become the owner of the capital stock of any association or corporation. * * * Sec. 186. * * ^- j.^Q bills, claims, accounts or demands against the state, or any county or other political subdi- vision, shall be audited, allowed or paid until a full itemized statement in writing- shall be filed with the officer or officers whose duty it may be to audit the same. Sec. 187. * vie * j^Q bond or evidence of debt of an-^- county, or bond of any township or other political subdi- vision shall be valid unless the same have endorsed thereon a certifi- cate signed by the county auditor, or other officer authorized by law to sign such certificate, stating that said bond, or evidence of debt, is issued pursuant to law and is within the debt limit. ARTICLE XIX. PUBLIC INSTITUTIONS. Sec. 215. (Amended.) The following public institutions of the state are permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States in the act of congress approved February 22, 1889, to be disposed of STATE OF NORTH DAKOTA 17 and used in such manner as the legislative assembly may prescribe, subject to the limitations provided in the article on school and public lands contained in this constitution : * * * Second. The state university and the school of mines at the city of Grand Forks, in the county of Grand Forks. Third. The agriculural college at the city of Fargo, in the county of Cass. Fourth. A state normal school at the city of Valley City, in the county of Barnes; and the legislative assembly in apportioning the grant of 80,000 acres of land for normal schools made in the act of congress referred to, shall grant to the said normal school at Valley City aforementioned 50,000 acres, and said lands are hereby appro- priated to said institution for that purpose. *Fifth. The school for the deaf and dumb of North Dakota at the city of Devils Lake in the county of Ramsey. * * * * * * Seventh. A state normal school at the city of Mayville. in the county of Traill; and the legislative assembly in apportioning the grant of land made by congress in the act aforesaid for state normal schools, shall assign 30,000 acres to the institution hereby located at Mayville, and said lands are herebv appropriated for said pur- pose. Eighth. A state hospital for the insane at the city of Jamestown, in the county of Stutsman. And the legislative assembly shall ap- propriate twenty thousand acres of the grant of lands made by the act of congress aforesaid for "other educational and charitable insti- tutions," to the benefit and for the endowment of said institution, and there shall be located at or near the city of Grafton, in the county of Walsh, an institution for the feeble minded, on the grounds pur- chased by the secretary of the interior for a penitentiary building. M; * * * * * Sec. 316. The following named public institutions are hereby per- manently located as hereinafter provided, each to have so much of the remaining grant of 170,000 acres of land made by the United States for "other educational and charitable institutions," as is allot- ted by law, viz. : Second. A blind asylum, or such other institution as the legisla- tive assembly may determine, at such place in the county of Pembina as the qualified electors of said county may determine at an election to be held as prescribed by the legislative assembly, with .a grant of 30,000 acres. Third. An industrial school and school for manual training, or such other educational or charitable institution as the legislative assembly may provide, at the town of Ellendale, in the county of Dickey, with a grant of 40,000 acres. ♦Amended 1905 School Laws— 2 18 GENERAL SCHOOL LAWS Fourth. A school of forestry, or such other institution as the legislative assembly may determine, at such place in one of the coun- ties of McHenry, Ward, Bottineau or Rolette as the electors of said counties mav determine by an election for that purpose, to be held as provided by the legislative assembly. Fifth. A scientific school, or such other educational or charitable institution as the legislative assembly may prescribe, at the city of Wahpeton, county of Richland, with a grant of 40,000 acres ; pro- vided, that no other institution of a character similar to any one of those located by this article shall be established or maintained with- out a revision of this constitution. GENERAL SCHOOL LAWS OF THE STATE OF NORTH DAKOTA FROM THE REVISED CODES OF 1905 AND LAWS OF 1907 CHAPTER 9, POLITICAL CODE. Article 1. — Superintendent of Public Instruc- tion. Sec. 747. QUALIFICATIONS OF, TERM OF OFFICE. — There shall be elected by the qualified electors of the state at the time of choosing members of the legislative assembly, a superintendent of public instruction, who shall have attained the age of twenty- five years and who shall have the qualifications of an elector for that office, and be the holder of a state certificate of the highest grade, issued in this stat^, or a graduate of some reputable university, college - • normal school. He shall hold his office at the seat of government for the term ot two years commencing on the first Monday in January following his election and until his successor is elected and qualified. Sec. 748. TO PRESERVE MISCELLANEOUS DOCUMENTS.— He shall preserve in his office all books, maps, charts, works on education, school reports and school laws of other states and cities, plans for school buildings and other articles of educational inter- est and value -which mav come into his possession as such officer, and at the expiration of his term he shall deliver them rogether with the reports, statements, rec- ords and archives of his office to his successor. Sec. 749. SUPERVISION OF SCHOOLS.— He shall have the general supervision of the public schools of the state and shall be ex-officio member of the board of university and school lands and of the normal school boards of the state. Election. Qualifications, Term 2 years. Records served. pre- Powers. 20 GENERAL SCHOOL LAWS Blanks, etc. List of books. Traveling libraries. Appropriation. Teachers' ex- amination. Revoke certifi- cates. Course of study. Institute con- ductors. Course of study. Sec. 750. TO FURNISH SCHOOL SUPPLIES, BLANKS, ETC., AND TO ESTABLISH CIRCU- LATING LIBRARIES.— He shall prepare, cause to be printed and furnish to the proper officers or persons all district clerks' record books and warrant books, school treasurers' record books, school registers, re- ports, statements, notices and returns needed or re- quired to be used in the schools or by the school officers of the state. He shall prepare and furnish to school officers, through the county superintendents, lists of publications approved by him as suitable for district libraries ; such lists shall contain also the lowest price at which each publication can be purchased and such other information relative to the purchase of district libraries as he may deem requisite. He shall also select and purchase books suitable for district libraries, and cause the same to be circulated as traveling libraries under such rules and regulations as he may prescribe. And for the purpose of selecting and purchasing such books there is herebv appropriated the sum of seven hundred and fiftv dollars annually, to be paid by war- rant of the state auditor on the state treasurer^ upon the presentation, of itemized bills in due form, duly ap- proved by the superintendent of public instruction. (See sec. '822, post.) ■ Sec. 751. EXAMINATIONS AND TEACHERS' CERTIFICATES. — He shall prepare or cause to be prepared all questions to be used in the examination of applicants for teachers' certificates, prescribe the rules and regulations for conducting such examinations and issue or revoke state certificates as provided in this chapter. Sec. 75i3. 'PRESCRIBE COURSE OF STUDY.— He shall prepare and prescribe a course of study for all the public and normal schools of the state and the course of study, training and practice of the profes- sional- department of schools, designated and supported wholly or in part by the state. Sec. 753. RULES FOR TEACHERS' INSTI- TUTES. — He shall prescribe rules and regulations for the holding of teachers' institutes and teachers' train- ing schools, and after counseling and advising with county superintendent, shall appoint conductors there- for. He shall prescribe the course of instruction for teachers' institutes and for teachers' training schools, and the course of reading for the teachers' reading cir- cles within the state. STATE OF NORTH DAKOTA 21 Sec. 754. ADVISE COUNTY SUPERINTEND- ENTS. — He shall counsel with and advise county su- perintendents upon all matters involving the welfare of schools and he shall, when requested, give them writ- ten answers to all questions concerning the school law. He shall decide all appeals from the decision of the county superintendents, and may for such decisions require affidavits, verified statements or sworn testi- mony as to the facts in issue. He shall prescribe and cause to be enforced rules of practice and regulations pertaining to the hearing and determination of ap- peals, and necessary for carrying into effect the school laws of the state. Sec. 755. RECORD OF OFFICIAL ACTS.— He shall keep a complete record of all his official acts and shall file in his office all appeals and the papers pertain- ing thereto. . Sec. 756. SCHOOL LAWS TO BE PRINTED. — He shall at least once in two years cause to be printed the school laws of the state^ with such notes and de- cisions thereon as may seem to him advisable, and shall furnish them as they are needed to the school officers in the state. Sec. 757. CONFERENCE WITH COUNTY SU- PERINTENDENTS.— He shall meet the county su- perintendents of each judicial district or of two or more districts combined at such time and place as he shall appoint, giving them due notice of such meeting. The objects of such meeting shall be to accumulate valuable facts relative to schools, to compare views, to discuss principles, to hear discussions, and sugges- tions relative to the examinations and qualifications of teachers, methods of instruction, text books, institutes, visitation of schools and other matters relating to the public schools. Sec. 758. SEAL. — He shall provide and keep a seal by which all his official acts may be authenticated. Sec. 759. TO ASSIST AT TEACHERS' INSTI- TUTES. — He shall when practicable, attend and assist at teachers' institutes and aid and encourage generally teachers in Qualifying themselves for the successful discharge of their duties ; he shall labor faithfully in all practicable ways for the welfare of the public schools of the state, and shall perform such other duties as shall be required of him by law. Advise on school laws. Decide ap- peals. Practice. Official rec- ords. School laws and decisions. By judicial districts. Objects. Seal. Labor for wel- fare of public schools. 22 GENERAL SCHOOL LAWS Sec. 760. BIENNIAL REPORT, WHAT TO CONTAIN. — He shall, on or before the first day of November preceding the biennial session of the legis- lative assembly, make and transmit to the governor a report showing 1. The number of school districts, schools, teachers employed and pupils taught therein and the attendance of pupils and studies pursued by them. 2. The financial condition of the schools, their re- ceipts and expenditures, value of school houses and property, cost of tuition and wages of teachers. 3. The condition, educational and financial, of the normal and higher institutions connected with the school system of the state and as far as it can be ascer- tained, of the private schools, academies and colleges in the state. 4. Such general matters, information and recom- mendations relating to the educational interests of the state, as he may deem important. Sec. Wl. REPORTS TO BE PRINTED.— Two thousand copies of the report of the superintendent of public instruction shall be printed biennially in the month of December preceding the session of the legis- lative assembl3^ One copy hall be furnished to each of the members of the legislative assembly, one copy to each county superintendent of the state, one copy to the president of each school board, one copy to each state officer, one copy to each state and territorial superin- tendent, and tv/enty copies shall be filed in the office of the superintendent of public instruction and ten copies in the state library. The remaining copies shall be dis- tributed among the various colleges, universities and other libraries of the United States. Report, when Contents: Number of schools, etc. Financial. Condition of schools. General in- formation. 2000 copies printed. Distribution. Scliool Laws to be revised by attorney gener- al and gover- nor. CHAPTER 102, SESSION LAWS OF 1907. § 1. GOVERNOR AND ATTORNEY GEN- ERAL COMPILE. MAKE RPORT.— Acting un- der the supervision of the governor, the attorney gen- eral shall revise, compile, arrange, simplify and classify the school laws of this state which may be in force on the first day of July, 1907. The laws so compiled shall be comprehensive!}^ and accurate!}^ indexed, pre- faced with a general table of contents and shall have brief and comprehensive annotations. The said attor- ney general and governor shall report to the next ses- sion of the legislative assembly any contradictions, inconsistencies and omissions found in the existing STATE OF NORTH DAKOTA 23 Report to legis- lature. laws and shall draft and report to that session of the said legislative assembly such school laws as, in their judgment, would be of use and benefit to the state, for the information, assistance and action of said legis- latiA^e assembly. § 2. COMPILATION TO BE ACTED UPON BY THE LEGISLATIVE ASSEMBLY.— When the revision, compilation and report is made to the legis- lature, a bill, embodying such revision, compilation and report shall be introduced into the legislature, and upon its passage and approval by the governor the laws contained in such revision and compilation shall thereafter constitute the school laws for the state of North Dakota, and upon the issuance of a proclamation by the governor, said school laws shall take effect and thereafter be in force and be received as evidence of the school laws of this state in all courts thereof. Sec. 762. PUBLICATION OF PROCEEDINGS OF EDUCATIONAL ASSOCIATION.— The state superintendent of public instruction is hereby au- thorized and required to publish annually, as public matter, two thousand five hundred copies of the proceedings of the North Dakota Educational associa- tion, the same to be distributed throughout the state by the department of public instruction; provided, that a copy of the proceedings of said association shall be filed by the secretary or other officer of said asso- ciation with the superintendent of public instruc- tion, on or before the first day of February of each year. Sec. 763. SALARY, TRAVELING EXPENSES. — ^He shall receive an annual salary of two thousand Salary, dollars and in addition thereto his actual and necessary traveling expenses incurred in the discharge of his offi- cial duties, not exceeding one thousand dollars in any one year, such expenses to be paid monthly on the war- rant of the stit? auditor upon his filing with such au- ditor an itemized statement of such expenses properly verified. Publish pro- 'ceedings of Elducational Association. Distribution. Traveling ex- penses. Article 2. — County Superintendent of Schools. Sec. 764. ELECTION, TERM OF OFFICE.— There shall be elected in each organized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in Janu- ary following his election, and until his successor is elected and qualified. Any voter residing in an inde- Eleetlon. Term — 2 yrs. 24 GENERAL SCHOOL LAWS Vote— who may not. General over- sight. Exception. Shall visit schools. Advise teach- ers. Keep records. General duties Convene teachers. Object. Teachers shall attend. pendent school district, organized under a special act, having a board of education and city superintendent of schools, shall not be qualified to vote for county su- perintendent of schools. Sec. 76'5. GENERAL DUTIES.— The county su- perintendent of schools shall have the general superin- tendence of the public schools in his county, except those in cities which are organized under special lav/ and those in special or independent school districts. Sec. '7m. VISITATION OF SCHOOLS.— He shall visit each public school under his supervision. He shall at such visit carefully observe the condition of the school, the mental and moral instruction given, the methods of teaching employed by the teacher, the teach- er's ability and the progress of the pupils. He shall ad- vise and direct the teacher in regard to the instruction, classification, government and discipline of tho school and the course of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teacher's ability to teach and govern and the condition and progress of the school, which shall be open to inspection by any school director. Sec. 767. GENERAL DUTIES.— He shall carry into effect all instructions of the superintendent of pub- lic instruction given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by such superintendent, and needed by such officers and teachers. Acting under the instructions of the superintendent of public instruc- tion, he shall, when expedient, convene the teachers of his county at least one Saturday in each month dur- ing which the public schools are in progress, or if the distance is too great he may convene the teachers of two or more districts in each of the several portions of his county in county or district institutes, or teachers' circles, for norn->al instruction and the study of methods of teaching, organizing, classifying and governing schools, and foi such other instruction as may be set forth in the course of reading prescribed by the super- intendent of public instruction for the state teachers* reading circle. Each teacher shall attend the full ses- sion of such institute or circle and participate in the duties and exercises thereof or forfeit one day's wages for each day's absence therefrom, unless such absence is occasioned by sickness of the teacher or others to whom his attention is due ; but when, on account of dis- tance or otherwise, it would impose a hardship upon STATE OF NORTH DAKOTA 25 any teacher to attend, or would cause such teacher to neglect his school, the countv superintendent may ex- cuse such teacher from attendance. Sec. 7'68. RECORD OF OFFICIAL ACTS.— He shall keep a record of all his official acts, and shall pre- serve all books, maps, charts and apparatus sent him as a school officer, or belonging- to his office. He shall file all reports and statements from teachers and school boards and shall turn them over to his successor in office. He shall be provided with a seal by which his official acts may be authenticated. Sec. 769. MEETINGS WITH SCHOOL OFFI- CERS. — He may arrange for meetings with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keep- ing the same, and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records. He shall, on or before the first day of April of each year, prepare and furnish to the several assessors of the county a correct sectional map of their respective districts, showing the boundaries and names or numbers of all school dis- tricts therein : provided, also, that in counties having the district system, he may convene the members and clerks of the school boards in his county, or such rep- resentatives of the school officers of each district as the president or members of the school boards may ap- point, in case he or they cannot attend personally, for the purpose of discussing plans and methods for the improvement and general care of the schools ; pro- vided, further, that such general meeting shall not occur more than once in each year. Sec. 770. TO DECIDE QUESTIONS IN CON- TROVERSY.— He shall decide all matters in contro- versy arising in his county in the administration of the school law or appealed to him from the decisions of school officers or boards. An appeal may be taken from his decision to the superintendent of public in- struction, in which case a full written statement of the facts, together vv^ith the testimony and his decision m the case shall bo certified to the superintendent of pub- lic instruction tor his decision in the matter, which de- cision shall be final, subject to adjudication or the proper legal remedies in the courts. Excused — when. Keep official records. File reports. Seal. Instruct offi- cers in record keeping. Furnish as- sessors with plats. Meet officers to discuss general wel- fare ofschools Decides ques- tions of school law. Appeal to the state superin- tendent— How talien. 26 GENERAL SCHOOL LAWS May adminis- ter oaths In school matters Institute fund Use of. Apportion state funds. Sec. 771. POWER TO ADMINISTER OATHS. — He shall have power to administer oaths of office to all subordinate school officers, and to witnesses and to examine them under oath in all controversies pending before him arising in the administration of the school laws ; but he shall not receive pay for administering such oaths. Sec. 772. INSTITUTE FUND, HOW RAISED AND USED. — All funds received by him for the ex- ammation of teachers shall be turned over to the county treasurer, who shall keep the same as a special fund to be known as the "Institute Fund," and which shall be used only for the expenses of holding county teachers' institutes, or supporting teachers' training -schools, to be paid out upon proper warrants issued by the county auditor upon the sworn and itemized voucher of the county superintendent. Sec. 773. APPORTIONMENT OF STATE TUI- TION FUND. — He shall make apportionment of the state tuition fund among the school corporations of the county, as provided in this chapter. Sec. 774. TEACHER'S CERTIFICATE MAY BE REVOKED, WHEN.— He shall see to it that the pupils are instructed in the several branches of study required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction as required by law in physiology and hygiene and the nature and effect of alcoholic drinks and other nar- cotics, the county superintendent shall promptly re- voke such teacher's certificate and cause him to be discharged. If the teacher so neglecting or refusing to give instruction in said branches holds a state cer- tificate the county superintendent shall immediately certify such refusal or neglect to the state superin- tendent of public instruction. (See organic law, ante. ) ■ ' Sec. 775. REPORT TO STATE SUPERIN- TENDENT. — He shall, on or before the fifteenth day of September in each year, make and transmit a report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required by such super- intendent. Such report shall be made upon and con- form to the blanks furnished by the superintendent of public instruction for that purpose. He shall not be paid his salary for the last quarter of his official year May revoke teacher's cer- tificates — when. Annual report STATE OF NORTH DAKOTA 27 until he presents to the county commissioners the re- ceipts of the superintendent of pubHc instruction for such annual report. Salary held. with- Sec. 776. OFFICE, POSTAGE AND STATION- ERY. — He may provide for himself a suitable office for the transaction of official business when not pro- vided therewith bv the county commissioners, and such commissioners shall audit and pay his reasonable ac- counts for the use and furniture of such office. They shall also furnish him with all necessary books, station- ery and postage. Sec. 777. SALARY. DEPUTY. TRAVEL- ING EXPENSES.— The salarv of the county super- intendent of schools shall be as follows : In each county having one school and not over five, one hun- dred and fifty dollars ; six schools and not over ten, three hundred dollars ; eleven schools and not over fifteen, four hundred dollars ; sixteen schools and not over twenty, five hundred dollars ; twenty-one schools and not over twenty-five, six hundred dollars ; twenty- six schools and not over thirty, seven hundred dollars ; thirty-one schools and not over thirty-five, eight hun- dred dollars ; thirty-six schools and not over forty, nine hundred dollars ; forty-one schools and not over fifty, one thousand dollars ; and for each additional school ten dollars additional ; provided, that in computing the salary of such superintendent no salary shall be in- cluded unless the same shall have been taught at least four months during the preceding school year; pro- vided, further, that such salary shall not exceed one thousand five hundred dollars in any county where the number of schools does not exceed one hundred thirty, and in counties where the number of schools exceeds one hundred thirty, the county superintendent shall be allowed in computing such salary five dollars addi- tional for each school above one hundred thirty; pro- vided, always, that such salary shall in no case exceed two thousand dollars. In addition thereto he shall receive ten cents a mile for the distance actually and necessarily traveled by him in the discharge of his duties. He shall at the end of every three months make and furnish to the conuty commissioners an itemized statement, subscribed and sworn to, of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commissioners. The amount of his salary and the appropriation for deputy shall be determined Office rent, postage, etc., paid by coun- ty. Salary. Amount— How determined. Mileage. 28 GENERAL SCHOOL LAWS each year by the actual number of schools or separate departments in graded and high schools over which said superintendent had official supervision during the preceding year and the same shall be paid out of the county general fund, monthly, upon the warrant of the county auditor ; provided, that whenever the num- ber of schools in a county is diminished by reason of the consolidation of schools or other provision for the instruction of pupils in any district or districts, the same number of schools shall be counted for such dis- trict or districts in computing the salary of the county superintendent as existed before said consolidation or other provision until such time as the number of separate departments in the general school or schools Salaries in new provided for the pupils of vacated schools shall equal the number of original schools vacated. In each county which shall be organized for school purposes after the adoption of this code the county superintend- ent shah be paid a salary at the rate of one hundred dollars a year until the first Monday in January next following his election, after which his salary shall be as provided for in this section. In counties having fifty or more schools, the county superintendent may appoint a deputy for whose acts as such he shall be responsible, which deputv shall be entitled to a salary equal to fifty per cent of the county superintendent's salary ; provided, further, that in counties having a population of thirty thousand or more the county super- Deputy, intendent shall be allowed one deputy for each one hundred schools or major fraction thereof, under the supervision of said superintendent. Such deputies shall each receive the salary specified in the preceding para- graph of this section. Must hold state cer- tificate Must hold first grade certificate. Sec. 778. (Amended.) QUALIFICATIONS OF. — No person shall be deemed qualified for the office of county superintendent in any county where the salary is one thousand dollars or more per year, who is not a graduate of some reputable normal school or higher institution of learning, or does not hold a state certificate of the first class or a life professional cer- tificate, and who has not had at least two years' suc- cessful experience in teaching, one year of which shall have been in this state. No person shall be deemed qualified for the office of county superintendent in counties where the salary is less than one thousand dollars per year unless he holds a certificate of the highest county grade or its equivalent. STATE OF NORTH DAKOTA 29 Not to teach. Not to have other business or be absent from county. Sec. 779. SHALL NOT ENGAGE IN TEACH- ING. — No county superintendent of schools, except as hereinafter provided, shall engage in teaching during the term for which he was elected, nor shall any person under contract to teach be qualified to hold the office of county superintendent of schools. Sec. 780. SHALL NOT ABSENT HIMSELF FROM COUNTY.— No county superintendent of schools shall engage in any profession or occupation, nor shall he absent himself from the county or district for which he is elected to engage in any occupation, profession or pursuit during the term for which he is elected for such time and in such manner as to inter- fere with the proper discharge of his duties as county superintendent of schools. Sec. 781. SUBJECT TO REMOVAL.— Any coun- ty superintendent of schools who neglects or violates any of the provisions of sections 779 and 780 shall be subject to removal from office. Sec. 782. NOT APPLICABLE IN EVERY COUNTY. — None of the pirovisions of sections 779 and 780 shall be applicable to counties in which the salary of county superintendents of schools is less than one thousand dollars per annum. May be re- moved—when Not unless sal- ary Is less than $1,000 Article 3. — Free "Public Schools. Sec. 783. The state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal schools at Valley City and Mayville, the deaf and dumb asylum at Devils Lake, the industrial school and school of manual training at Ellendale, a scientific school at Wahpeton, the school of forestry at Bottineau, and all other schools heretofore estab- lished by law and maintained by taxation constitute the svstem of free public schools of the state. {See sec. ilfl, Const.) Article 4. — School Districts. Sec. 784. WHAT CONSTITUTES A SCHOOL CORPORATION.— Each civil township in the state, not organized for school purposes under the district system at the taking effect of this code, shall be and is hereby constituted a distinct school corporation, and whenever in any county a civil township shall hereafter be organized it shall from and after such or- ganization be and constitute a distinct school corpora- tion, except as otherwise specially provided in this chapter. (Appendix C. — VI, 2, a.) Free public schools. School corpor- ations — what constitutes. 30 ■GENERAL SCHOOL LAWS To conform to civil township. Sec. 785. SCHOOL TOWNSHIP TO CON- FORM TO CIVIL TOWNSHIP WHEN POS- SIBLE. — Each school township in every county in the state, which at the taking effect of this code consists of territory not organized into a civil township, shall be and remain a distinct school corporation ; provided, that whenever such school township, or any part there- of, shall be organized into or annexed to a civil town- ship, such civil township shall thenceforth constitute a distinct school corporation ; but nothing in this section shall be construed to alter the boundary lines of any school township organized prior to the passage of this code, except upon petition as hereinafter provided. (Appendix C. — VI, 2, a.) Sec. 786. WHAT TERRITORY MAY BE OR- GANIZED INTO DISTRICT SCHOOL CORPOR- ATIONS. — The county commissioners of each county not organized for school purposes under the district school system at the taking effect of this code, shall organize into a district school corporation any terri- tory not, at the taking effect of this code, already or- ganized into a civil township or a school township upon being petitioned so to do by one-third of the resi- dents of such territory, having the care and custody of any child of school age ; provided, such territory shall consist of not less than one congressional town- ship, having at least eight thousand dollars in taxable property and at least ten children of school age resid- ing therein. The county commissioners of every such county, with the advice and consent of the county superintendent, may rearrange the boundaries in any school corporation whose territory is not included within a civil township, when petitioned so to do by a majority of the voters residing within such school corporation, whose boundaries will be affected thereby, subject to the same restrictions and conditions as to extent of territory, value of taxable property and num- ber of resident children of school age as in the organi- zation of a school corporation from territory not in- cluded in a civil township. In the formation of school corporations and the rearrangement of their boundar- ies as provided for in this section, the boundary lines of congressional townships shall be followed as far as possible on school corporation lines. (Appendix C. -VI, 2, f.) Sec. 787. NEW SCHOOL DISTRICTS, HOW FORMED. — In any county hereafter or- ganized the county commissioners shall so divide the Duty of county commissioners. Petition. Conditions. County com- missioners may re-arrange ter- ititory — when. Boundaries. STATE OF NORTH DAKOTA 31 New districts —on what con- ditions formed. District divid- ed by natural obstacle. county or the parts thereof, which include every con- gressional township in such county which has residing therein not less than ten children of school age, into school corporations as will best promote the perma- nent interests of public schools in the county, upon the same petition and subject to the same conditions and restrictions as are contained in section 786. Sec. 788. {Amended.)— N^Yi-E-N SCHOOL COR- PORATIONS MAY BE DIVIDED AND AT- TACHED TO OTHER DISTRICTS— If a portion of any such school corporation having not more than ten children of school age residing therein is separated from the other portion of such corporation by any natural obstacle which practically prevents such chil- dren from attending school in such other portion, the county commissioners of the county may annex such portion so separated to an adjoining school corpora- tion, and the portion so annexed shall constitute a part of such adjacent corporation. If such adjacent corporation lies in another county, the county com- missioners of the two counties may jointly make such annexation; provided, that whenever portions of a school corporation lie in different civil townships there may be created therefrom two or more distinct school corporations, when in the judgment of such commis- sioners and superintendent, such change can be made without detriment to the schools or to the pupils there- in, and the divison can be m.ade by following the boundary line or lines of congressional townships, or the meander lines of the government survey. Sec. 789. ANNEXATION OF SCHOOL COR- PORATIONS. — In any county not organized for school purposes under the district system at the taking effect of this code, if a town or village not organized into a special district is divided by a civil township line or if such town or village is divided by any coun- ty line, the county commissioners of such county, or the county commissioners of such adjacent counties acting in joint session, as the case may be, may when petitioned so co do by a majority of the voters of each part of said town or village, annex one part of such town or village to the adjacent school corporation which includes the other part of such town or village and the part so annexed shall constitute a portion of such adjacent corporation. Sec. 790. WHEN CIVIL TOW^NSHIPS MAY CONSOLIDATE INTO SCHOOL DISTRICT.— In any county not organized for school purposes un- Territory in two counties — how divided. Town or vil- lage divided by county line — procedure. 32 GENERAL SCHOOL LAWS fractional township con- solidated witli adjacent dis- trict, when. Name of school district. School district numbered. Old numbers retained. Re-arrange- ment under this code. der the district system at the taking effect of this code, if a civil township having less than fifteen per- sons of school age residing theren, by reason of the irregular course of natural boundary, contains less than twelve sections or square miles of territory, it shall constitute a portion of the adjacent school dis- trict with which it has the longest common boundary line. Sec. 791. SCHOOL DISTRICTS, HOW NAMED — Each school corporation constituted or formed under the provisions of this article, shall be designated a school district as distinguished from a^ civil town- ship or congressional township and -shall be named as follows : Eacli school district which consists of a civil township shall be named " school district of county, state of North Dakota," with the name of ihe civil township which constitutes the districts inserted in the blank before the word "school," and the name of the county in which it is situated in- serted before \he word "county." Each school dis- trict which consists of territory not organized into a civil township, but which has been named by a dis- tinctive name shall have such distinctive name inserted in the blank before the word "school." Each school district consisting of territory not organized into a civil township which has no distinctive name shall be named "school district No of county, state of North Dakota," with its proper number in- serted in the blank after the word "number,'' and the proper name of the county inserted in the blank before the word "county;" provided, that in each county organized for school purposes under the district sys- tem at the taking effect of this code, the several school districts shall retain and be known by the number which they have respectively at the time of the taking effect of this code and any school district hereafter formed in any such county shall be known by the num- ber next higher than that of the highest pre-existing numbered district. Sec. 793. WHEN BOUNDARIES TO BE RE- ARRANGED AND ESTABLISHED AND HOW. ■ — The county commissioners and county superintend- ent of schools in each county, which at the taking effect of this code is organized for school purposes un- der the district system, shall meet on the first Monday in May, A. D. 1896, at the place where the meetings of such commissioners are usually held and shall rear- STATE OF NORTH DAKOTA 33 Civil township a single dist- trict. Congressional township, Partly organ- ized territory. range and establish the boundaries of the several school districts of the county unless the same has already been done, as follows : 1. Each civil township in a county, no part of which is included in a school district already organ- ized, shall be formed into a single school district. 2. Each congressional township in the county, no part of which is included in a civil township nor in an organized school district, if it contains twelve or more persons of school age, shall be formed into a single school district. 3. All territory in a county situated in a civil town- ship, part of which is organized into a school district, or situated in a congressional township not included in a civil township, and a portion of which is organized into a school district shall be annexed to and form part of the organized school district lying wholly or in part in such civil or congressional township. 4. Each school district now organized which has less than ten persons of school age residing therein shall be annexed to and form a part of such adjacent school district as shall be most convenient for such persons of school age, when in the judgment of such commissioners and superintendent such annexation can be made without detriment to the school or to the pupils residing in such district. 5. The boundary lines of each school district which lies partly within two or more civil townships shall be so changed that such school district shall lie wholly within one civil township, so far as in the judgment of such commissioners and superintendent such change can be made without detriment to the schools or to the pupils therein. 6. Such commissioners and superintendent shall make such changes generally in the boundary lines of the school districts of the county, not in their judg- ment detrimental to the interests of the schools of the county as will reduce the number of school districts in the county, and form school districts not extending beyond the boundaries of the civil township. (See Sec. 786.) Districts to be consolidated — when. Boundaries changed— when General changes. Sec. 793. {Amended.) BOUNDARIES, HOW CHANGED IN FUTURE.— After the boundary lines of the several school districts of any of the counties of this state are re-arranged and established as provided for in the last preceding sec- tion of this article, such boundary may be changed or Future changes in boundaries. School Laws-i-3 34 GENERAL SCHOOL LAWS !New district formed District may sue; be sued; contract; hold property. Plats of school districts, coun- ty auditor shall furnish. re-arranged by the county commissioners and the super- intendent of schools at any regular session, and if a town or village, not organized into a special district and containing twelve or more persons of school age is divided by the line of a civil or congressional town- ship or is partly in two or more districts, such town or village with adjacent territory in both or all of the districts in which it is situated not exceeding ten square miles in extent and not at any point more than three miles distant from said town or village may be formed into a new and separate district, if in the judgment of the commissioners and superintendent such a change or the formation of such new district is for the best interests of the schools. Any change or re-arrange- ment of boundaries may be made or new district formed as hereinbefore provided for upon petition signed by one-third of the voters residing in each district whose boundaries will be affected by such change or re-arrangement and by three-fourths of the voters resident in the parts of districts to be included in any new district formed' under the provisions of this sec- tion ; provided, that each congressional township not whollv or in part included in a civil township, and no part of which is organized for school purposes, shall be formed into a school district as soon as it shall have residing therein twelve or more children of school age. {See Appendix C. — VI, 2, a; also Appendix D. — Note 8.) Sec. 794. RIGHTS AND POWERS OF SCHOOL CORPORATIONS.— Each school district constituted and formed as provided in this article shall be a distinct corporation, and under its proper name or number as such corporation, may sue and be sued, contract and be contracted with, and may acquire, pur- chase, hold and use personal or real property for school purposes or for the purposes mentioned in this chap- ter and sell and dispose of the same. Sec. 795. PLATS OF SCHOOL DISTRICTS TO BE FURNISHED BY COUNTY AUDITOR. —The county auditor shall within thirty days after the first school election held as provided herein, transmit to the state auditor, to the superintendent of public instruction and to the county superintendent, a plat of the county, showing the boundaries and name of each school corporation therein, and shall record a copy of the same, together with all proceedings of the county board had and done under this chapter in a proper STATE OF NORTH DAKOTA 35 book kept for that purpose. He shall promptly fur- nish such officers with a correct plat showing any changes at any time in the boundaries of school cor- porations. The superintendent of public instruction shall furnish instructions for the suitable preparation and construction of such plats in regard to scale and markings, in order to secure a uniform series of maps for binding for office use. Sec. 796. LEGALIZING IRREGULARITIES. — All school districts, whether duly and legally organ- ized under the provisions of statutes or not, which for the eight years last past have had a defacto or- ganization, are hereby declared to be legally organized and are authorized to exercise all the functions of school districts which have been duly and legally or- ganized as provided by statute, with the boundaries which they may have at the time of the going into effect of this article^ and all contracts or obligations of said districts, and the acts of the officials thereof, are hereby ratified and confirmed in so far as to give them the same validity which they would have had if said districts had been legally organized. Specifications to be furnished by state sup- erintendent. District irreg- ularly organ- ized 8 years recognized as regular. Contracts of such districts ratified. Article ,5. — Election of School Officers. Sec. 797. (Amended.) OFFICERS TO BE ELECTED. — On the first Tuesday in June of each year there shall be elected one school director for the term of three years and on the first Tuesday in June of each even numbered year a school treasurer for the term of two years. Such officers shall hold their re- spective offices from the second Tuesday in July fol- lowing their election for the number of years respec- tively for which they were elected, and until their suc- cessors are elected and qualified. At the first election for the organization of a new school district there shall be elected at large for such school district three direct- ors, one to serve until the first annual election, one to serve until the second annual election, and one to serve until the third annual election thereafter and a school treasurer to serve until the annual election in the next even numbered year and until his successor is elected and qualified. (See Appendix D. — Note p.) Sec. 798. POLLING PLACES, HOW ESTAB- LISHED. APPOINTMENT OF ELECTION OF- FICERS. — The county superintendent in each coun- ty shall, at least twenty days prior to the first elec- tion in the new district, fix and designate some polling School officers elected— when Term. In new district County super- intendent to fix polling places and ap- point election officers. 36 GENERAL SCHOOL LAWS Bhall notify election boards and furnish election blanks Notices of election. Other duties. place in each school district so located as to be con- venient for the voters of such district, and shall ap- point two persons to act as judges and two to act as clerks of the election of such school officers; such judges and clerks shall be qualified voters in their respective districts. The county superintendent shall notify in writing such judges and clerks of their ap- pointment, and of the place fixed and designated as the polling place in their respective districts, and shall furnish them with the necessary blanks and poll books for such election. He shall also furnish one of such clerks with three notices of such election specifying the time and place at which such election is to be held, the officers to be elected and term of each, which notices such clerk shall post in three of the most public places in the district at least ten days prior to such election. The county superintendent shall fix the date and perform such other duties as devolve upon him by the provisions of this section for the first election in any school district hereafter formed under the provisions of this chapter, and such election shall be called by the county superintendent within thirty days after the formation of such school district. Sec. 799. WHO QUALIFIED TO VOTE OR HOLD OFFICE. — At any election of school officers in any school corporation in this state all persons who are qualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifications as to citizenship and resi- dence required of male voters bv law, shall be qualified voters and shall be eligible to the office of county superintendent of scixools, school directc/ or member of the board of education or school treasurer, or may be judge or clerk of such election.; provided, however, that the countv superintendent must possess the educa- tional qualifications named in section 778 of the revised codes of 1905. Sec. 800. HOURS POLLS OPEN.— At all elec- tions for school district officers, the polls shall be opened at two o'clock p. m. and closed at five o'clock p. m. Sec. 801. (Amended.) NOTICE OF ANNUAL ELECTION.— At least fifteen days before the first Tuesday in June of each year the district school board of each school district shall designate one polling place as convenient as possible to the voters of such district at which such annual election shall be held, and shall cause notice of such election to be posted in at least Who may vote Polls open — hours. Annual elec- tion — notice of. STATE OF NORTH DAKOTA 37 three o£ the most public and conspicuous places within the district. Such notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of holding such election and the officers to be elected and their term of office, and shall be substantially in the fol- lowing form: Notice is hereby given that on Tuesday the day of June, A. D an election will be held at (here insert polling place) for the purpose of electing (here insert officers to be elected and term each is to serve) for school district No or for (here insert name of school district.) The polls will be opened at two o'clock P. M. and closed at five o'clock P. M. of that day. By order of school board. Signed Clerk. Form. Election board — how consti- tuted. Vacancy. Sec. 802. JUDGE'S OATH.— At such annual elec- tion any two of the directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen by the vot- ers present at the opening of the polls, shall act as clerks. The voters present at the opening of the polls shall choose a person to fill any vacancy caused by the absence of either of such officers to act as judge or clerk of such election. Before opening the polls each of the judges and clerks of election shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will perform my duties as judge or clerk (as the case may be) accord- ing to law and the best of my ability." Such oath or affirmation may be administered by any officer authorized to administer oaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is author- ized and empowered, to administer any oath or affirm- ation pertaining in any manner to school offices. Sec. 803. ELECTION, HOW CONDUCTED. CANVASS OF VOTES.— Such election shall be con- ducted and the votes canvassed as provided by law Eiections-con. of general elections, except as otherwise provided in this chapter. Immediately after the polls are closed the judges shall proceed to count and canvass the votes for each person voted for at such election for any office, and the person receiving the highest num- Oath. Who may minister. ad- Canvass. 38 GENERAL SCHOOL LAWS Tie— how de- termined. ber of votes for the office of director or treasurer shall be declared elected. If the election results in a tie for any such office the district clerk shall immediately notify in writing the parties having received such tie votes, and a time shall be agreed upon by the parties, within three days after the election, at which the election shall be decided in the manner that may be agreed upon by the parties, in presence of the judges and clerks of election, and a record of the proceed- ings shall be made in the records of the district clerk. Sec. 804. CERTIFICATES OF ELECTION.— The clerk of the school district shall within five days after such election furnish each person elected to any district office a written notice of his election, and that he shall take the oath of office as such officer on or before the second Tuesday in July following such election. He shall also forward to the county super- intendent within ten days after such election, a cer- tified list of all the officers elected thereat. Clerk shall notify person elected. Also county- superintendent Official oath. School board- how consti- tuted. Quorum. Annual meet- ing. Clerk. Meetings. Sec. 805. OATH OF OFFICE.— Each person elected to the office of school director or treasurer shall before entering upon the duties of his office, take and subscribe the oath prescribed in section 211 of the constitution, which oath shall be filed with the clerk of the school district board. Article 6. — Organization, AIeetings and Duties OF District Officers. Sec. 806. DISTRICT SCHOOL BOARD QUORUM. — The three school directors in each school district shall constitute the district school board. A majority of the board shall constitute a quorum and the agreement of a majority shall be necessary to the validity of any contract entered into by the board. Sec. 807. ORGANIZATION. CLERK.— The school board shall meet annually on the second Tues- day in July and organize by choosing one of the members president, and a competent person, not a member of the board, clerk, who shall hold his office during the pleasure of the board. {See Appendix D — Note II.) Sec. 808. {Amended.) MEETINGS OF BOARD. FEES. — The board shall, on the second Tuesday in January, April, July and October of each year, hold regular meetings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the presi- STATE OF NORTH DAKOTA 39 Ings. Compensation. dent or the other two members. Written notice of the time and place of any special meeting shall be given Special meet- to each member of the board at least forty-eight hours before the time ' of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, 'less two dollars for each regular meeting which he fails to attend ; provided, that in any common school district which contains a graded school of three or more departments the board shall hold regular meet- ings for the transaction of business on the second Tuesday of each month at such time and place as may be fixed by the board, and in such districts, the mem- bers of the board shall receive a compensation of one dollar for each meeting attended ; provided, further, that in counties having the district system, the presi- dent and clerk, and in counties having the township system, the members and clerks or such officers as such president and • board may appoint to represent them shall receive ten cents a mile for the distance necessarily traveled in attending general meetings of the presidents, members and clerks of school boards convened by the county superintendent, and also a salary of two dollars, but the total sum of such salary and mileage shall not exceed five dollars for each rep- resentative in attending any one meeting. Sec. 809. (Amended.) DUTIES OF THE PRESIDENT. — The president shall preside at all meetings of the board, and shall perform such duties as usually pertain to such office, and in accordance with the customary rules of order. In his absence a president pro tempore shall preside. The president shall perform such other duties as are prescribed in this chapter. It shall also be the duty of the presi- dent to attend such general meetings of school officers as may be convened by the county superintendent of schools. When the president cannot attend such meetings personally, he shall appoint some other school officer to represent the district at such general meet- President- duties of. Sec. 810. ' DUTIES OF CLERK. COMPENSA- TION. — The clerk of the board shall keep an ac- curate record of all proceedings of the board, give or post all notices, make out all reports and statements and perform all other duties required by law or by the board. He shall receive such compensation as shall be fixed by the board, not less than ten dollars for Clerk— duties of. Compensation. 40 GENERAL SiCHOOL LAWS Treasurer's bond. one school and five dollars for each additional school in his district; provided, that such salary shall not exceed forty dollars in any one year. Sec. 811. TREASURER'S BOND, HOW AP- PROVED. VACANCY, HOW FILLED.— The school treasurer shall, on or before the second Tues- day in July following his election and before entering upon his duties give a bond to the school district con- ditioned for die honest and faithful discharge of his duties and that he will render a true account of all funds and property that shall come into his hands and pay and deliver the same according to law. Such bond shall be in such sum as may be fixed by the board, but not less than double the sum to come into his hands in any one year as nearly as may be ascertain- ed, which bond shall be signed by two or more suffi- cient sureties to be approved by the school board. In case the school board neglects or refuses to approve the bond of such treasurer and the sureties thereon, such treasurer may present the same to the county superintendent and serve notice thereof upon the board and due proof of such notice being made to the county superintendent, he shall unless good cause for delay appears, proceed to hear and determine the suf- ficiency of the bond and the sureties thereon, and may approve or disapprove the same as the facts warrant. In case a vacancy occurs in the office of district treas- urer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon being notified by the county superintendent or clerk of such school district that such vacancy exists, to perform the duties of treasurer of such school district until the vacancy is duly filled. Sec. 812. WHEN ADDITIONAL BONDS RE- QUIRED — Whenever the amount in the hands of the treasurer or subject to his order exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county superintendent the security on such bond is impaired, the board or county super- intendent shall require an additional bond. If the treasurer fails for twenty days to give such additional bond the office shall be declared vacant and the vacancy shall be filled as provided by this chapter. Sec. 813. SURETY BONDS, PREMIUMS, HOW PAID. — That every person hereafter elected to the office of district school treasurer within the state of North Dakota, be, and is hereby required to give Vacancy. Additional bond— wlien re- quired. Vacancy on failure to give. STATE OF NORTH DAKOTA 41 Surety com- pany bond may be re- quired. Premium to be paid by district. Annual state- ment to be published. No money to be paid except on warrant. an official bond in a penal sum to be fixed by the board of directors, which bond shall not be in a less penal sum than double the amount of money likely to come into his hands in any one year, and such board may by resolution require that such bond shall be executed by some responsible fidelity or surety company author- ized and qualified to do business in the state of North Dakota, and subject to approval as provided by law; provided, further, if a surety bond is given it shall be given for a sum fixed by the board of directors. The amount of premiums for such surety or fidelity bond shall be audited by the board of directors and paid out of the general fund of the district. Sec. 814. SCHOOL FUNDS, HOW PAID OUT. — The school treasurer shall keep such accounts and make such reports as are required of him by law and shall publish his annual statement in a newspaper pub- lished in the nearest city or town to his district. He shall pay no money out of the fujids in his hands except upon 'he warrant of the school board, signed by the president and countersigned by the clerk. He shall pay all warrants properly drawn and signed when pre- ,sented, if there is any money in his hands or subject to his order for their payment. Sec. 815. (Amended.) WARRANTS TO BE IN- DORSED WHEN NO FUNDS TO PAY.— When a warrant is presented to the treasurer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrants, he shall indorse on such warrant "pre- sented for payment this day of , 190. . . ., and not paid for want of funds," and shall sign such indorsement. If he has in his hands or sub- ject to his order money for the part payment of such warrant he shall make such part payment and indorse the sum on the warrant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and in- dorsed. Each warrant thus presented and indorsed shall draw interest on the amount unpaid at a rate not to exceed eight per cent per annum from the date of such presentation and indorsement until paid ; pro- vided, that when there shall come into the hands of the treasurer or subject to his order, money applicable to the payment of any warrant which has been so pre- sented and registered, the treasurer shall notify in writ- ing by mail the drawee of such warrant at his last Endorsment on unpaid warrants. Interest 8 per cent. Notice to drawee. 42 GENERAL SCHOOL LAWS Warrants— what to speci- fy. Official oaths and bonds— where filed. known place of residence to present such warrant for payment, and interest shall ceaSe upon every such war- rant ten days after such notice shall have been sent, and such money shall be held for the payment of such warrant. Sec. 816. WARRANTS, WHAT TO SPECIFY. Each warrant drawn by the clerk of the board on the district treasurer must specify the purpose for which it is drawn, the fund on which it is drawn, and the per- son to whom payable ; and no warrant shall be issued except for an indebtedness incurred prior to its issue. Sec. 817. OATHS AND BONDS, WHERE TO BE FILED. — All official oaths and bonds of school district officers shall be filed with the district clerk, who shall immediately certify to the county superin- tendent the fact of such oaths and bonds being filed. Said clerk shall file school treasurers bond with county auditor after such bond has been approved by the dis- trict school board, as provided in this chapter. In case of the breach of any of the conditions of the treasurer's bond, the board, through its president, and in case of his refusal so to do, the county superintendent shall cause an action to be commenced and prosecuted there- on in the corporate name of the district, and any money collected for the district shall be paid to the dis- trict treasurer and any money collected for fines shall be paid into the county treasury and be credited to the general school fund of the state. If the board and county superintendent both fail or refuse to bring such action any taxpayer in the district may commence and prosecute such action, and the necessary expense there- of shall be paid out of the district treasury unless other- wise ordered by the court. {See appendix C. VIII, also appendix D, note 13.) Sec. 818. SALARY OF SCHOOL TREAS- URER. — The school treasurer shall be paid for his services such sum as shall be fixed by the board not 'less than five nor more than twenty-five dollars per annum. Action on treasurer's bond. Treasurer's salary. Board shall have general charge and control. Article 7 — Powers and Duties of District School Boards. Sec. 819. GENERAL POWERS.— The district school board shall have the general charge, direction and management of the schools of the district, and the care, custody and control of all tne property belong- ing to it, subject to the provisions of chls chapter; pro- STATE OF NORTH DAKOTA 43 May establish, locate, main- tain, change or discontinue schools. Repairs, fuel, etc. Furniture and apparatus School library. vided, that in the employment of teachers, no relative of any member of the district hoard shall be hired without the nnanimous consent of the board. Sec. 820. POWER TO ESTABLISH SCHOOLS. — It shall organize, maintain and conveniently locate schools for the education of children of school age within the district, and change or discontinue any of them in the cases provided by law. (.S'^^ sec, 704.) Sec. 821. REPAIRS, FUEL AND SUPPLIES. — It shall make all necessary repairs to the school houses, outbuildings and appurtenances, and shall fur- nish fuel and all necessary supplies for the schools. Sec. 822. {Amended.) FURNITURE, MAPS, REGISTERS, SCHOOL LIBRARY.— It shall fur- nish to each school all necessary and suitable furniture, maps, charts, and apparatus, including Webster's In- ternational dictionary. The school register and all school blanks used shall be those furnished by the state department of public instruction. It may appropriate and expend each year not less than ten nor more than twenty-five dollars for each school, or separate depart- ment thereof, of the district for the purpose of a school library, to be selected by the school board and the county superintendent of schools from any list of books, prepared by the superintendent of public in- struction, and furnished by him to the county super- intendents for that purpose, and it shall not purchase any books not contained in such list, or which have not been approved by the superintendent of public in- struction. It shall have the care and custody of the library and may appoint as librarian any suitable per- son, including one of their number, but whenever prac- ticable, the library shall be kept in the school house, and always so when school is in session. It shall make rules to govern the circulation and care of the books while in the hands of pupils or other persons, subject to such general rules as may be prescribed by the state superintendent of public instruction, and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or while in his possession, but no book shall be loaned to any person not a resident of the dis- trict. It may at any time temporarily exchange any part or all of its library with any other district or per- son, so far as different books may be obtained, but each district shall recall its books before the close of the school term. It may at any time accept donations of books for the hbrary, but it shall exclude therefrom Appoint librar- ian. Rules govern- ing use of books. May exchange or exclude books. 44 GENERAL SCHOOL LAWS Annual report. all books unsuited to the cultivation of good character and good morals and manners, and no sectarian publi- cation, devoted to the discussion of sectarian differences and creeds shall be admitted to the library. It shall be held accountable for the proper care and preserva- tion of the library, and shall report annually to the county superintendent all library statistics which may be required by the blanks furnished for that purpose by the superintendent of public instruction. Sec. 823. (Amended.) TEACHERS, HOW EM- PLOYED. SALARIES, HOW GRADED.— It shall employ the teachers of the school district and may dis- miss a teacher at any time for plain violation of con- tract, gross immorality or flagrant neglect of duty. No person shall be permitted to teach in any public school, who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in which such school is situated, and every contract for the em- ployment of a teacher must be in writing and such contract must be executed before such teacher begins to teach in such school. It shall grade the salaries of teachers for the district in accordance with the grades of certificate and no teacher holding a certificate of a lower grade shall receive a salary equal to or in excess of that paid to a teacher holding a certificate of a higher grade in the same district ; provided, further, that no teacher holding a second grade certificate shall receive less than forty-five dollars per month on and after the passage and taking effect of this act. And nothing in this section shall be construed to mean that teachers holding the same grade of certificate must necessarily receive the same wages. Who may- teach. Contract. Salaries graded. Minimum sal - ary, second grade, $45 per month May admit pupils from other districts. Sec. 824. (Amended.) PUPILS FROM OTHER DISTRICTS. — It shall have the power to admit to the schools in the district pupils from other districts, when it can be done without injuring or overcrowding such schools and shall make regulations for their ad- mission and the payment of their tuition. It shall have the power to arrange with the board of an adjacent district for sending to such district such pupils as can, conveniently be taught therein, for paying their tuition, and for arranging and paying for their transportation to and from the school in such district ; and when petitioned by a majority of the voters of a district it shall be the duty of the board of any district to arrange for sending to such district such pupils as can conven- iently be taught therein, for paying their tuition and for STATE OF NORTH DAKOTA 45 May transfer pupils. arranging and paying for their transportation to and from the school in such district. ■ It shall have the power to admit to the schools in the district pupils re- siding in unorganized territory adjacent to the district, and shall arrange with the parents or guardians of such pupils for paying their tuition ; but in no instance shall a board refuse privileges to or collect tuition from pupils residing in such adjacent unorganized territory, if the parents of such pupils are property holders in the district and pay taxes. It shall also have the power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district, and their transfer from one school to another. (See appendix D, note 14.) Sec. 825. RULES. SUSPENSION OE PU- PILS. — It shall assist and co-operate with teachers in the government and discipline of the schools,, and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insubordinate or habitually disobedient, but such sus- pension shall not be for a longer period than ten days nor such expulsion beyond the end of the current term of school. Sec. 82i6. BRANCHES OF STUDY.— Subject to the approval of the county superintendent, it shall have power to determine what branches, if any, in addi- tion to those required by law shall be taught m any school of the district. Sec. 827. TAX LEVY. NOTICE TO COUNTY AUDITOR. — It shall have power to levy upon the property in the district a tax for school purposes of not exceeding thirty mills on the dollar in any year, which levy shall be made by resolution of the board prior to the twentievh day of July. The clerk shall immedi- ately thereafter notify in writing the county auditor of the amount of tax so levied. It shall not have power to abate or reduce the amount of tax so levied after the county auditor has been notified of the amount of such levy. (See Appendix C, VI. if.) Sec. 828. WHEN SCHOOL HOUSES CAN BE USED FOR OTHER PURPOSES.— It may per- mit a school house, when not occupied for school pur- poses, to be used under careful restrictions for any proper purpo:^e, giving equal rights and privileges to all religious denominations or political parties, but for any such use or privilege it shall not be at any cost for fuel or otherwise to the district. Nor shall any Government and discipline. Suspension. Course of study. Tax levy — how made and when. No reduction — when. School house used for other purposes. Conditions. 46 GENERAL SCHOOL LAWS furniture which is fastened to the floor be removed, and whoever removes any school furniture . for any other purpose than repairing the same or for repair- ing the school room shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dollars for each offense. All fines imposed and collected under the provisions of this section shall be paid into the general school fund of the state. Fines. School sites — how selected. Procedure. No removal within 3 years. Sec. 829. SCHOOL HOUSES AND SITES, HOW DETERMINED. PLANS FOR SCHOOL HOUSES, HOW PREPARED. BOARD OF IN- SPECTORS; HOW CONSTITUTED.— Whenever in the judgment of the board it is desirable or neces- sary to the welfare of the schools in the district, or to provide for the children therein proper school privi- leges, or whenever petitioned so to do by one-third of the voters of a district, the board shall call a meeting of the voters in the district at some convenient time and place fixed by the board, to vote upon the ques- tion of the selection, purchase, exchange or sale of a school house site, or the erection, renioval or sale of a school house. Said election shall be conducted and votes canvassed in the same manner as at the annual election of school officers. Three notices of the time, place and purpose of such meeting shall be posted in three public places in the district by the clerk at least ten days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a school house site, or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, the board shall locate, purchase, ex- change or sell such site, or erect, remove or sell such school house, as the case may be, in accordance with such vote ; provided, that it shall require a vote of two-thirds of the voters present and voting at such meeting to order the removal of the school house and such school house so removed cannot again be re- moved within three years from the date of such meet- ing ; provided, further, that whenever a school house is to be purchased, erected or constructed in a com- mon school district, the school board shall consult with the county superintendent of schools and the county Fjuperintendent of health with regard to plans provid- ing for the proper construction, lighting, heating and ventilation ; provided, further, that it shall be the duty of the state superintendent of public instruction to furnish plans for school houses of one and two rooms STATE OF NORTH DAKOTA 47 Board of in- spectors — who as will be in accord with the best ideas pertaining to heating, lighting, ventilating and other sanitary re- quirements. 2. The county superintendent of health, the chair- man of the board of county commissioners and the county superintendent of schools of each county are hereby constituted a board for the purpose of inspect- ing school houses and outbuildings with reference to their sanitary condition, and whenever the county superintendent shall report to said board of inspection that a school house or outbuilding is in an unsanitary or unsafe condition said board shall inspect the same and recommend to the district school board that such changes or repairs be made as are necessary to make such building or buildings sanitary, safe and fit for school purposes. Sec. 830. SCHOOL HOUSE SITES, HOW OB- TAINED.— The school board of any ,school district may take in the corporate name thereof, any real prop- erty not exceeding two acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school purposes only. Should the owner of such real property refuse or neglect to grant and convey such site, a site for such school house may be obtained by proceeding in eminent domain as provided in the code of civil pro- cedure. If the site so selected is not used for the pur- poses for wh'ch it is taken for two successive years, it shall revert to the original owner or his assigns up- on repayment of the sum originally paid by the cor- poration together with a reasonable consideration for the improvement. If such owner or his assigns neglects or refuses to make such repayment for one year after demand therefor by the' board such site shall be the property of the district. Sec. 831. SCHOOLS TO BE ORGANIZED ON PETITION. — If a petition signed by the persons charged with the support and having the custody and care of nine or more children of school age, all of whom reside not less than two and one-half miles from the nearest school, is presented to the board, asking for the organization of a school for such chil- dren, the board shall organize such school and employ a teacher therefor, if a suitable room for such school can be leased or rented at some oroper location not more than two and one-half miles distant from the residence of any one of such children, and if such Grants— how taken. Area. Eminent do- main. Reversion on repayment. New school for remote pupils. 48 GENERAL SCHOOL LAWS Call meeting to select site. petition is signed by the persons charged with the sup- port and having the custody and care of twelve or more such children, the board shall organize a school and employ a teacher therefor, and if no suitable room for such school can b_ leased or rented, the board shall call a meeting of the voters of the district for the selec- tion and purchase of a school house site therefor and the purchase or erection of a school house, as pro- vided for in section 829. If at such meeting no such site is selected or if it is not voted to erect or purchase a school house for such school the board shall select and purchase a school house site and erect, purchase or move thereon a school house at a cost of not more than twelve hundred dollars for such house and furni- ture therefor ; provided, that the provisions of this sec- tion shall not apply in instances where schools have been consolidated in accordance with the provisions of section 832. Length of time of school each year. Not less than six months. Conveying pupils. Consolidation. Sec. 832. (Amended.) SCHOOL TERMS, HOW ARRANGED AND WHEN DISCONTINUED. CONSOLIDATION OF COMMON SCHOOLS.— The district board shall determine and fix the length of time the schools in the district shall be taught each year, and when each term of school shall begin and end. It shall so arrange such terms as to accommo- date and furnish school privileges equally and equit- ably to pupils of all ages ; provided, that every com- mon school shall be kept in session for not less than six months in each school year ; provided, further, that any school may be discontinued when the average attendance of pupils therein for ten consecutive days shall be less than four ; and all contracts between school boards and teachers shall contain a provision that no compensation shall be received by such teacher from the date of such discontinuance, or when, with the consent of a majority of the patrons of such school, proper and convenient school facilities can be provided for the pupils therein in some other school ; provided, further, that a board may call, and, if peti- tioned by one-third of the voters in the district, shall call an election to determine the question of "convey- ing .pupils at the expense of said district to and from schools already established," or "of consolidating two or more common schools, and of selecting a site and erecting a suitable building, or of making suitable additions to buildings already erected, to accommodate the pupils of schools to be vacated." Said elections STATE OF NORTH DAKOTA 49 Transportation and routes of travel. Nine months sclwol— wlien. shall be conducted, both as to notices and as to man- ner of canvassing the votes, in the same manner as the annual school election. If a majority of the votes cast at such election are in favor of conveying pupils to and from schools already established or of consolidat- ing two or more schools and of providing a suitable building for the accommodation of the pupils of vacated schools, then the board shall make all necessary ar- rangements to carry out the decision of the district. The board shall arrange for the transportation of pupils to and from such schools. It shall establish routes of travel, adopt rules and regulations for such transportation and shall contract with responsible parties for such transportation. Sec. 833. ADDITIONAL SCHOOL TIME.— If a majority of the patrons of any school averaging for its last te^-m twelve or more pupils in daily attend- ance, shall petition the board to continue such school for an additional time, not exceeding nine months in any school year, the board shall continue such school for that length of time, if there are funds in the treas- ury sufficient for that purpose. Sec. 834. (Amended.) DISTRICT HIGH SCHOOLS, HOW ESTABLISHED AND CON- TROLLED. — In any district containing four or more common schools, and having an enumeration of sixty or more persons of school age residing therein the board may call, and if petitioned so to do by ten or more voters in the district, shall call a meeting of the voters of such district in the manner prescribed in section 839 to determine the question of estab- lishment of a district high school. If a majority of the voters at such meeting vote in favor of establishing such high scliool, the meeting shall further proceed ' to select a site therefor, and to provide for the erec- tion or purchase of a school building, or for the neces- sary addition to some school building therefor. Thereupon the board shall erect or purchase a building or make such addition for such high school, as shall be determined at such meeting and shall establish therein a district high school containing one or more departments, and employ teachers therefor. Such school shall be kept in session for such time each year, Length of term not less than three months, as the board may deter- mine. The board shall, subject to the approval of the county superintendent, grade such high school, and prescribe the studies to be pursued therein, and shall District high schools. How estab- iished. School Laws — 4 50 GENERAL SCHOOL LAWS Course of study. have the same management and control thereof as of the common schools in the district. Two or more ad- jacent school districts may join in the establishment and maintenance of such high school, or of a graded school or of both, when empowered so to do by a majority of the voters in each district, at a meeting called and held as provided for in this section, in which case the building and furniture occupied and used for such high school or graded school shall belong to the districts so uniting, and all the costs of main- taining such school, or schools, including wages of teachers and all necessary supplies shall be paid by such districts in proportion to the assessed valuation of the property in each, and the employment of teachers therefor, and the management, control and grading thereof shall be vested in the joint boards of such districts, subject to the approval of the county superintendent of the county in which such districts are located. Adjacent dis- tricts may unite. Census. Defect! res. Sec. 835. SCHOOL CENSUS. ANNUAL RE- PORT. — The school board shall cause the clerk to make an enumeration between the first and twentieth day of June of each school year, of all unmarried per- sons of school age, being over six and under twenty, having their legal residence in the district, exclusive of any unmarried person of school age who is sup- ported wholly at the expense of the state at any insti- tution for the blind, institution for deaf and dumb, institution for feeble minded, the reform school or any model school in connection with any state normal school, giving the names and ages of such persons . and the names of parents and guardians having the care and custody of each ; also the names, ages and ipostofiice address of parents and guardians of each deaf and dumb, blind and feeble minded person be- tween the ages of five and twenty-five years, residing in the district, including all such persons as may be too deaf or feeble minded to acquire an education in the common schools. The enumeration shall be made upon and in accordance with the blanks furnished how made and therefor bv the countv superintendent, and shall be returned to the county supermtendent prior to the tenth day of July ; provided, that in districts where the number of persons of school age attending school for a period of sixty days during' the school year is less than fifty per cent of the total enumeration, it shall be the duty of the county superintendent to withhold from such district its apportionment of state and county Enumeration — TTlien, STATE OF NORTH DAKOTA 51 tuition funds until such time as a satisfactory exiplana- tion of the failure to send pupils to school is made by the school board of said district to the county super- intendent and superintendent of public instruction. A copy of the enumeration of such deaf and dumb per- sons shall be furnished the superintendent of the school for the deaf ; a copy of tlie enumeration of such blind persons shall be furnished to the superintendent of the school for the blind ; and the enumeration of such fee- ble minded persons shall be furnished the superintend- ent of the institution for the feeble minded by the county superintendent immediately upon receipt of the same. A copy of such enumeration shall also be kept in the office of the district clerk. The board shall also cause the district clerk to make out an annual report for the 3^ear beginning July 1 and ending June 30, containing such financial and statistical statements and items as shall be required by the superintendent of public instruction, upon and in accordance with the blanks furnished therefor by the county superintend- ent. Such report shall be carefully examined and certified as correct by the board at its regular meeting in July and transmitted to the countv superintendent prior to the first day of August following. A copy of such report shall be filed in the district clerk's, office. Reports to whom sent. Records to public. Sec. 836. RECORDS OPEN TO INSPECTION. — All reports, books, records, vouchers, contracts and papers relating to school business in a school district, in the office of the clerk or treasurer, shall at all times be open to the inspection of any director, who shall advise and aid in securing correct records and accounts and legal reports, and they shall likewise be open to the superintendent of public instruction, and county superintendent and any particular paper or record shall be exhibited at reasonable hours to any voter or taxpayer. Sec. 837. RECORDS AND TEACHING IN ENGLISH. — All reports and records of school officers and proceedings of all school meetings shall be in the English language, and if any money belonging to any district shall be expended in supporting a schocd English lan- in which the English language shall not be taught delusively, exclusively, the county superintendent or any taxpayer of the school corporation may in a civil action in the name of the corporation recover for such corporation all such money from the officer so expending it or ordering or voting for its expenditure. be 52 GENERAL SCHOOL LAWS One mill tax. Sec. 838. MAINTENANCE OF STATE EDU- CATIONAL INSTITUTIONS.— For the purpose of providing for the maintenance of the state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal school at Valley City, the state normal school at Mayville, the school for the deaf and dumb at Devils Lake, the school of forestry at Bottineau, the North Dakota academy of science at Wahpeton.and the industrial school at Ellen- dale, as a part o± the public school system of this state, there is hereby levied upon all taxable property in the state — real and personal — an annual tax of one mill on each dollar of the assessed valuation of such prop- erty in each and every 3^ear hereafter. Sec. 839. COUNTY AUDITOR SHALL CAL- CULATE AMOUNT OF LEVY.— The county au- ditor of each county shall at the time of making the annual tax list in his county, calculate the amount of the levy hereinbefore provided for upon each and every Amount of levy item of property assessed in his county as it appears —how caicuiat- ^p^^^ ^j^^ j-g^ asscssmcnt roll and extend the same upon such tax list in a column to be provided for that purpose and such tax shall thereupon be calcu- lated and paid over to the state treasurer the same as other state taxes. Amount of mill tax. Sec. 840. TAXES, HOW APPORTIONED.— Such taxes so levied shall be apportioned by the state treasurer to the several institutions herein mentioned as follows : Thirty-three one-hundredths of a mill to the state university and school of mines at Grand Forks ; twenty one-hundredths of a mill to the agri- cultural college at Fargo ; fifteen one hun- d;^edths of a mill to the state normal school at Valley City ; thirteen one-hundredths of a mill to the state normal school at Mayville ; six one- hundredths of a mill to the school for the deaf at Devils Lake ; two one-hundredths of a mill to the school of forestry at Bottineau ; four one-hundredths of a mill to the North Dakota academy of science at Wahpeton; seven one hundredths of a mill to the industrial school at Ellendale ; provided, that all moneys hereafter collected from any tax heretofore levied shall be apportioned as herein provided. Sec. 841. MONEYS, HOW APPORTIONED.— The moneys arising from the taxes hereinbefore levied are hereby appropriated for the maintenance of the state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal school at Valley City, the state normal school at May- ville, the school for the deaf and dumb at Devils Lake, STATE OF NORTH DAKOTA 53 What funds. the school of forestry at Bottineau, the North Dakota academy of science at Wahpeton, and the industrial school at Ellendale, the same to be paid monthly to the board of trustees of the several institutions herein ment'oned and in proportion as herein provided, upon vouchers of said board signed by their respective presi- dents, and to be expended by the several boards, in their discretion, in the establishment and maintenance of said institutions hereinbefore mentioned. Sec. 842. FUNDS, WHEN PAID OVER.— All moneys received as interest, and all moneys received for rents, for penalties, for permits, and all moneys received from any other source from the respective lands of the different educational institutions herein- after mentioned (except moneys received as principal from the sale of lands belonging to the agricultural college, lands belonging to the state university and school of mines, lands belonging to the school for the deaf and dumb, lands belonging to the two normal schools, lands belonging to the North Dakota academy of science, lands belonging to- the industrial school), shall be paid over to the respective treasurers of the educational institutions above mentioned, by the state auditor on the first day of January, April, July and October in each year. The funds herein referred to shall be subject to the order of the respective boards of trustees of each institution hereinbefore mentioned and shall be used for the maintenance of such insti- tutions respectively. When paid over. Article 8. — School Funds. Sec. 843. STATE TUITION FUND, HOW RAISED — The net proceeds arising from all fines and penalties for violation of state laws, from leasing the school lands and the interest and income from the state permanent school fund shall be collected and paid into the state treasury in the same manner as is pro- vided by law for the collection and payment of state taxes, and shall constitute the state tuition fund, which shall be apportioned among the several counties of the state in proportion to the number of children of school age in each as shown by the last enumeration authorized by law. Sec. 844. COUNTY TREASURER TO RE- PORT STATE TUITION FUND QUARTERLY. SUPERINTENDENT OF PUBLIC INSTRUC- TION APPORTIONS.— It shall be the duty of the state Tuition Fund. Apportion- ment. Duty of coun- ty treasurer. 54 GENERAL SCHOOL LAWS Duty of state auditor. Apportionment by state super- intendent. Warrants. county treasurer to receive from the proper officers the net proceeds of fines, penalties and forfeitures for violation of state laws, and all moneys arising from leasing of school lands within the county, and to for- ward a detailed statement of moneys so collected, specifying the amount received from each of the above sources, to the state auditor at the same time that he is required to make reports of other moneys to such auditor. It shall be the duty of the state auditor on or before the third Monday in February, May, August and November in each year to certify to the superin- tendent of public instruction the amount of the state tuition fund and the superintendent of public in- struction shall immediately apportion such fund among the several counties of the state in proportion to the number of children of school age residing in each as shown by the last enumeration provided for by law and certify to the state auditor, state treasurer and to the county treasurer and county superintendent of each county, the amount apportioned to the respective counties. Immediately upon receipt of such apportion- ment from the state superintendent as herein provided, the state auditor shall draw a warrant upon the state treasurer for the full amount of the state tuition fund apportioned lo the several counties and shall deliver the same to the state treasurer taking his receipt there- for and shall notify the several county treasurers of the amiOunts due their respective counties and that such warrant had been issued therefor and the state treasurer shall pay on such warrant to the several county treasurers the amount due their respective counties ; provided, however, that all moneys arising from interest on the permanent school fund and from leasing school lands shall be apportioned under a sep- arate item and such money shall be taken account of as a separate item by all officers- making or certifying such apportionment, or through whose hands any por- tion of such fund shall pass and it is further made the duty of the district treasurer to keep such fund sep- arate from all other funds and if at the close of the school year any part of such fund which was appor- tioned prior to the third Monday of November of such year remains in the hands of the district treasurer, he shall return the same to the county treasurer, taking his receipt therefor, and the county treasurer shall re- turn all such funds so returned or that were not drawn by the district treasurer from the county treasury to Interest on permanent school fund kept separate STATE OF NORTH DAKOTA 55 State Institute fund. Special fund. the State treasurer who shall receipt for the same, and the county treasurer shall certify to the state auditor the amount so returned to the state treasurer. Sec. 845. FUNDS DEFINED. HOW USED.— All money received by the school district from the ap- portionment made by the superintendent of public in- struction shall constitute and be designated the state tuition fund. All money received from district taxes, from subscription, from sale of property, or from any other source whatever except from apportionment made by the superintendent of public instruction, shall be designated the special tund. in addition to the state tuition fund and the special fund, a sinking fund may be established as provided by this article. The state tuition fund shall be used only in the payment of teachers' wages ; provided that if the state tuition apportioned to any district in one year is insufficient for the payment of teachers' wages in such district any money on hand or available belonging to the spec- ial fund of such district may be applied to meet such deficiency; provided, further, that if the state tuition fund apportioned to any one district in any one year is more than sufficient for the payment of teachers' wages in such district the portion of such fund in ex- cess of the amount so required may be applied to the payment of warrants drawn upon the special fund of such district, if such district has school the required number of months during such year as required by law. Tuition fund- how used. Excess. Sec. 846. FUNDS CONTROLLED AND PAID OUT BY DISTRICT TREASURER.— All funds shall be kept in the possession or under the con- trol of and paid out by the district treasurer except as otherv/ise provided in this chapter, and he shall keep one general account for each district of the entire receipts and expenditures, and separate itemized ac- counts as herein provided for each class of receipts and expenditures. His books shall at all times show by entries under proper heads all receipts of funds and payments made therefrom, so as to enable any person readily to ascertain any balance in account of any fund. Sec. 847. (Amended.) NOT ENTITLED TO TUITION FUND, WHEN._ ENUMERATION.— No school district shall be entitled to receive any por- tion of the state tuition fund that fails to make a report of the enumeration of the children of school aee in Funds con- trolled by treasurer. Books— how kept. No tuition fund without enumeration. 56 GENERAL SCHOOL LAWS Bond and oath of treasurer must be filed. the manner provided 'by law, nor until such enumera- tion has been taken and reported as required by law. The county superintendent of schools shall not au- thorize the payment of money apportioned to any dis- trict unless the bond and oath of such treasurer has been duly approved and filed, as provided for by sec- tion 817; provided, also, that the county superin- tendent is empowered to withhold the payment of state and county tuition from any district whose clerk and treasurer have failed to make the reports pro- vided for in section 835. New districts organized after the annual enumeration has been taken shall pro- ceed immediately to take the enumeration as provided by law ; and after the receipt of such enumeration bv the superintendent of public instruction through the county superintendent, the newlv organized district shall receive its proportionate share of the funds to be apportioned ; provided, further, that the county superintendent shall have the right to withhold the apportionment of the county and state tuition fund from any school district other than the new district herein provided for, which has not maintained school therein for a period of not less than six school months in each school of said district in the school year pre- ceding such apportionment or has not otherwise pro- vided school facilities for the pupils of that district ; provided, further, that it shall be mandatory upon the county superintendent to withhold the apportionment of state and county tuition fund from any district which has not maintained school for a period of at least four months in each school in said district or otherwise provided school facilities for the pupils of that district for the school year preceding such appor- tionment. New districts. County superin- tendent must wittihold funds — when? County super- intendent to apportion funds. Sec. 848. (Amended.) APPORTIONMENT OF STATE TUITION FUNDS BY COUNTY SUP- ERINTENDENT.— Within thirty days and not less than twenty days after receiving the certificate of ap- portionment from the superintendent of public in- struction and the certificate from th.e county auditor as provided for in section 855 of this chapter, the county superintendent shall apportion separately to the several school districts, special districts, indepen- dent districts, and districts organized under special laws which are entitled to any portion of the state tuition and special funds within the county, in propor- tion to the number of children residing in each district over six and under twenty years of age, excluding all STATE OF NORTH DAKOTA 57 married persons, as appears from the last enumeration authorized by law, upon which the superintendent of public instruction made the apportionment to the sev- eral counties, and he shall immediately notify each district treasurer of the amount of tuition fund in the county treasury, due each district, and shall certify to the county treasurer and to the county auditor the amount due each school district. The county treas- urer shall deliver to the several district treasurers upon the order of the county auditor the amounts ap- portioned to their respective districts, taking a receipt therefor. And notify dis- trict treasurers thereof. Funds to spec- ial and inde- pendent dis- tricts. iSec. 849. SPECIAL AND INDEPENDENT DISTRICTS AND DISTRICTS ORGANIZED UNDER SPECIAL LAWS ENTITLED TO TUI- TION FUNDS.— Special and independent school dis- tricts and districts organized under special laws shall be entitled to receive their proportion of the state and special tuition funds; provided, that the clerk or sec- retary of the board of education thereof shall make a report to the county superintendent of the enumeration conditions, of children of school age therein at the time and in the manner prescribed in this chapter. Sec. 850. (Amended.) TREASURER'S AC- COUNTS. ANNUAL SETTLEMENT.— The dis- trict treasurer shall open new accounts with each fund at the beginning of each school year, and the balance of each fund shall be brought down and become a part of the first entry in opening the account for the new year. On the second Tuesday in July the school board shall make settlement with the district treasurer, and shall carefully examine his books, accounts and vouchers and shall ascertain if the amount of all war- rants, bonds and coupons paid and redeemed or paid in part, together with the cash in his hands or under his control, is equal to the amount of cash on hand at the beginning of the school year, together with all money received by him from all sources for school purposes during the year. The district treasurer shall deliver to the board at such annual meeting all war- rants, bonds and coupons paid and redeemed by him during the school year and held by him as vouchers, taking the receipt of the board therefor, and such vouchers shall forthwith be filed with the district clerk. He shall at that meeting make his annual re- port in triplicate, one copy to be preserved in the treas- urer's office, one to be filed with the clerk of the Treasurer's ac- counts—how kept. Settlement— when. Report in trip- licate 58 GENERAL SCHOOL LAWS Form Other items Funds payable to treasurer— when. school board and one to be transmitted to the county superintendent of schools, and the board shall cause to be published an itemized statement of the receipts and expenditures of the preceding year in a newspa- per of the county nearest said school district ; provided, that if said board or treasurer shall have failed to pub- lish said statement by the first of September following the presentation of the treasurer's annual report, then it shall be the duty of the county superintendent of schools to cause the publication of the same in a news- paper of the county, said publication to be paid for by the school district. The treasurer's reports shall show the following: RECEIPTS. The "balance at the close of the year. The amount received into the state tuition fund. The amount received into the state special fund. The amount received into the sinking fund. EXPENDITURES. The amount paid for school houses, sites and fur- niture. The amount paid for apparatus and fixtures. The amount paid for teachers' wages. The amount paid for services and expenses of school officers. The amount paid for redemption of bonds. The amount paid for interest on bonds. The amount paid for incidental expenses. The cash on hand at the close of the school year. Such report shall include such other items as may be required by the district board, or the superintend- ent of public nistruction, and shall be upon and in con- formity with the blanks furnished him for that pur- pose. (See Appendix B. — Sec- 30/.) Sec. 851. WHEN COUNTY TREASURER TO PAY FUNDS TO DISTRICT TREASURER- - The treasurer of each district shall apply to the county auditor for an order, and the county treasurer shall pay over to him on such order all of the school money collected for such district and all school money ap- portioned to such district by the county superintendent and the county auditor shall issue such order; pro- vided, such district treasurer has qualified and filed his oath and bond as provided by law. It shall be the duty of the county treasurer, when payment is made STATE OF NORTH DAKOTA 59 Notice to clerk. County treas- urer's ac- counts with school districts to any school treasurer of any funds herein provided for, immediately to notify the clerk of the school board of the payment of the same. Sec. 852. COUNTY TREASURER TO KEEP ACCOUNTS WITH SCHOOL CORPORATIONS — Each county treasurer shall keep a regular account with each school corporation, in which he shall charge himself with all taxes collected by leyy of the district school board and all sums apportioned to the district by the county superintendent or other authority and all sums received from the district, and he shall credit himself with all payments made to the treasurer of the district, distinguishing between the items paid by ap- portionment, those from county taxes and those from other sources. He shall also credit himself with all payments for redemption or indorsement of warrants in the collection of taxes and shall deliver to the dis- trict treasurer a duplicate tax receipt for the amount of each warrant so indorsed or redeemed together with all warrants so redeemed at the time of making other regular payments to the district treasurer. To these credits, to balance the accounts, he shall add all items for legal fees, for collection and other duties. Sec. 853. SCHOOL TAXES, HOW AND WHEN COLLECTED.— It shall be the duty of the county treasurer to collect the taxes for school pur- poses at the same time and in the same manner that the county and state taxes are collected, and full power is hereby given him to sell property for school taxes the same as is provided by law for the collection of other taxes. Whenever an error occurs in any school corporation's tax list the district school board or board ,of education in special or independent districts or dis- tricts organized under special laws may correct such errors and refund such taxes improperly collected. All penalties and interest collected on delinquent school taxes shall be applied t( > the proper fund to which such delinquent taxes belong. Taxes to be collected by county treas- urer. Refund oC taxes. Article 9. — Taxes. Sec. 854. SCHOOL BOARD TO LEVY TAX. — Each district school board shall have power and it shall be its duty to levy upon all property subject to taxation in the district a tax for school purposes of all kinds authorized by law, not exceeding in the ag- gregate a rate of thirty mills on the dollar in any one year. Such tax shall be levied by resolution of the Tax levy- when and how made. bO GENERAL SCHOOL LAWS board prior to the twentieth day of July in each year, which resolution shall be entered in the records of the proceedings of the board. The clerk shall immediate- ly thereafter notify the county auditor in writing of the amount of tax so levied, and such notice shall be in substantially the following form : State of North Dakota. ] County of )- ss. School District ) To • County Auditor of County. Sir: You are hereby notified that the school board of school district has levied a tax of dollars upon all real and personal property in said school district for school purposes. You will duly enter and extend such tax upon the county tax list for collection upon the taxable property of such school district for the current year. Dated at this . . • . . day of 190 . . Notice to county auditor Levy to pay judgment. Poll tax. District Clerk. The notice of a tax to pay any judgment against the district shall be in addition to the regular tax and shall be certified to the county auditor under the same general form, as near as may be; provided, that if the boundaries of such district shall embrace a portion of two counties then the clerk of such district shall cer- tify to the county auditor of the county in which is located the original district to which such portion of the district embraced in the other county is attached in addition to the tax levy above mentioned, a list and valuation of all property subject to taxation in such portion of such district embraced in the other county, as shown by the assessor making the assessment in such county, township or assessor's district, and the auditor shall enter such property upon the tax dupli- cate of his county and levy all school taxes upon the same, and the county treasurer of the county shall col- lect the taxes levied thereon the same as other taxes are collected and pay the same over to the treasurer of the district entitled thereto, {See Appendix C. — V.) Sec. 855. HOAV LEVIED, HOW APPOR- TIONED. APPORTIONMENT OF DELIN- QUENT TAXES.— 1. The county auditor of each county shall at the time of making the annual assess- STATE OF NORTH DAKOTA 61 ment and levy of taxes levy a tax of one dollar on each elector in the county for the support of common schools, and a further tax of two mills on the dollar on all taxable property in the county, to be collected at the same time and in "the same manner as other taxes are collected, which shall be apportioned by the county superintendent of schools among the school districts of the county. County tuition fund. 2. It shall be the duty of the county auditor on or before the third Monday in February, May, August and November in each year, to certify to the county superintendent of schools the amount of such county tuition fund, which the county superintendent of schools shall apportion among the several school dis- tricts in the same form and manner as provided for the apportionment of the state tuition fund. The county superintendent shall file with the county audi- tor and the county treasurer a certified statement showing the amount apportioned to each district. 3. It shall also be the duty of the county auditor to certify at the time herein specified the amount of delinquent taxes collected for the special tuition fund prior to those levied for the year 1899 which amounts shall be apportioned by the county superintendent of schools as herein provided; and the county treasurer shall pay such amounts to the district treasurers the same as other special funds are paid. Apportioned how. Delinquent taxes. Sec. 856. MAXIMUM LEVY FOR FINAL JUDGMENT. TAXES TO BE UNIFORM.— When any final judgment shall be obtained against a school district the board thereof shall levy a tax up- on the taxable property of such district not exceed- ing in amount twenty mills on the dollar in any one year, which shall be used in the payment thereof. The county auditor shall make out, charge and extend up- on the tax list against each description of real prop erty and against all personal property, ana upon all taxable property of the district, all such taxes for schools and judgments he is so notified has been levied by the district in which the property is situated and taxable, in the same manner in which the county and state tax list is prepared, and deliver it to the county treasurer at the same time. All taxes for school pur- poses shall be uniform upon the property within each school district. Levy to pay judgment. Taxes to be uniform. 62 GENERAL SCHOOL LAWS Sec. 857. STATEMENT OF ASSESSED VAL- UATION. — Each assessor shall on or before the first day of July in each year furnish to the clerk of the school district, to the county superintendent of schools and to the county auditor a statement of the assessed valuation of all the property in such corporation sub- ject to taxation. Assessor to furnish state- ment of valua- tion. Taxes how levied in dis- tricts having no school board. Creditors of such district- how paid. State Superin- tendent. Vacancy, how filled. Sec. 858. INDEBTEDNESS OF DISTRICT, HOW ADJUSTED WHEN NO LEGAL SCHOOL BOARD EXISTS.— If any school district in the state has for one or more years past, either through failure to elect a school board or through failure of the county superintendent to appoint a school board, been with- out a legal school board or if hereafter any school district through such failure to elect or appoint such school board shall be without such legal school board and such district shall have an authorized indebtedness either in bonds, interest due on bonds, or otherwise, it shall be the duty of the county superintendent, the county treasurer and county auditor, acting as a board of adjusters, lo assess upon the taxable property of such school corporation a tax not to exceed twenty mills on the dollar in any one year upon the assessed valuation thereof for the payment of the same. Which tax so levied shall be extended upon the tax lists by the count}^ auditor and be collected by the county treasurer as other taxes are collected and shall be ap- plied upon and used for the payment of such indebted- ness, and shad be paid to the creditors of such district upon the warrant of the county auditor, countersigned by the county superintendent, and all warrants, bonds, interest coupons, receipted bills or accounts shall be filed in the office of the county auditor and in the case such school corporation has a bonded indebtedness, it shall be the duty of such board of adjusters to levy a tax upon the property of such district sufficient to create a sinking fund for the redemption of such bonds upon the maturity of the same, such sinking fund to be levied and provided for in compliance with the requirements of such bonds. Article 10. — Vacancies. Sec. 859. VACANCY IN OFFICE SUPERIN- TENDENT PUBLIC INSTRUCTION FILLED BY APPOINTMENT.— Should a vacancy occur in the office of the superintendent of public instruction, the governor shall have power and it shall be his duty STATE OF NORTH DAKOTA 63 to fill such vacancy by appointment, which appoint- ment shall be valid until the next general election and until his successor is elected and qualified. Sec. 860. VACANCY IN OFFICE OF COUNTY SUPERINTENDENT.— Should a vacancy occur in the office of county superintendent of schools, the board of county commissioners of such county shall have power and it shall be their duty to fill such vacancy by appointment, as provided by law, which appoint- ment shall be valid until the next general election. The county auditor shall immediately notify the superin- tendent of public instruction of such appointment. County super- intendent. Vacancy, how filled. Sec. 861. -VACANCY IN OFFICE OF DIREC- TOR OR TREASURER, HOW FILLED.— When any vacancy occurs in the office of director or treas- urer of a school district by death, resignation, removal from the district, or otherwise, the fact of such vacancy shall be immediately certified to the county superintendent by the clerk of the district, and such superintendent shall immediately appoint in writing some competent person who shall qualify and serve until the next annual school election. The county superinetndent shall at the same time notify the clerk of the school district and the county auditor of every such appointment. Sec. 862. VACANCY IN OFFICE OF CLERK, HOW FILLED.— Should the office of clerk of a school district become vacant, the school board shall immediately fill such vacancy by appointment and the president of the board shall immediately notify the county superintendent and the county auditor of such appointment. District offi- cers -vacancy, how filled. School clerb— vacancy, bow filled. Sec. 863. OFFICE, WHEN DEEMED VA- CANT. — Any office of a school district shall become vacant by resignation of the incumbent thereof, but such resignation shall not take effect until a successor has qualified according to law. Any office of a school district shall be deemed vacant if the person duly elected thereto shall neglect or refuse for the period of two weeks after the beginning of the term for which he was elected, to accept and qualify for such office and serve therein. Any school officer may be removed from office hy a court of competent jurisdiction, as provided by law. {See Appendix D, Note 3.) Vacancy— when. Removal. 64 GENERAL SCHOOL LAWS Equalization of property, funds and debts. Arbitrators. Tax levy to equalize. Levy 15 mills per year. Article 11. — Equalization of Indebtedness. Sec. 864. EQUALIZATION OF INDEBTED- NESS BY ARBITRATION.— After the boundaries of a school district have been established as provided for in this chapter all school districts or parts of school districts that existed as school corporations, or as parts thereof before the taking effect of this code and that are now included in one school district shall effect an equalization of propert)^, funds on hand and debts, or whenever the boundaries of two or more districts are re-arranged, all districts affected by such change shall effect an equalization of property, funds on hand and debts. To effect this each school board of such cor- poration constituting a school district under the opera- tion of this cnapter, shall select one arbitrator, and the several arbitrators so selected, together with the county superintendent shall constitute a board of arbi- tration to effect such equalization. If in any case the number of arbitrators, including the county super- intendent, shall be an even number, the county treas- urer shall be included and be a member of such board. The county superintendent shall fix the time and place of such meeting. Sec. 865. TAX TO EQUALIZE AND PAY PRE-. VIOUS DEBTS. — Such board shall take an account of the assets, funds on hand, the debts properly and justly belonging to or chargeable to each corporation or part of a corporation affected by such change, and levy such a tax against each as will in its judgment justly and fairly equalize their several interests. Sec. 866. MAXIMUM ANNUAL TAX LEVY FOR SUCH PURPOSES.— When the amounts to be levied upon the several corporations or parts of cor- porations mentioned in the preceding section shall be fixed, a list thereof shall be made wherein the amount shall be set down opposite each corporation. The whole shall be stated substantially in the form herein required for certifying school taxes and addressed to the county auditor, and shall be signed by a majority of such board of arbitration ; such levy shall be deemed legal and valid upon the taxable property of each- corporation ; provided, however, that not more than fifteen mills thereof shall be extended against such taxable property in any one year, and such a levy not exceeding fifteen mills on the dollar shall be ex- tended as in this section provided from year to year, until the whole amount shall be so levied. The county STATE OF NORTH DAKOTA 65 Tax shall be paid to district treasurer. auditor shall preserve such levies and shall extend the several rates from year to 3^ear, as above required by law for district taxes and the taxes shall be collected at the same time and in the same manner as other taxes are collected. Sec. 867. PROCEEDS TO BE TURNED OVER TO THE RESPECTIVE DISTRICTS.— Opposite the several descriptions of property on the tax list shall be entered the school districts within which it lies, and all the proceeds of these equalizing taxes shall be collected and paid over to the treasurer of the proper school district within which the property is situated. The proceeds of taxes upon parts of districts lying out- side the district as at present constituted with which they were equalized shall be paid to the treasurer of the school district within which the property is situated, the same as hereinbefore provided for regular taxes. Sec. 868. MAXIMUM TAX LEVY FOR ALL SCHOOL PURPOSES.— The taxes levied for pur- poses of equalization shall be, in addition to all other taxes for school purposes ; provided, that all taxes for school purposes, including such taxes for equaliza- tion, shall not exceed thirty mills on the dollar in any one year. The provisions of this article shall apply to and govern all school districts and parts of school dis- tricts hereafter divided or consolidated with each other, or with other districts in the division vmiting or appor- tionment of their debts and liabilities or property and assets. Tax levy to exceed mills. not 30 Article 13. — Examinations and Certificates. Sec. 869. (Amended.) EXAMINATIONS FOR TEACHERS' CERTIFICATES.— The superintend- ent of public instruction shall prepare or cause to be prepared all questions for the examination of appli- cants for teachers' certificates, both county and state, and shall prescribe rules for the conduct of all such examinations. He shall examine, mark and file, or cause to be examined, inarked and filed, all answer papers submitted by candidates for first, second and third grade county certificates, which answer papers shall be forwarded by the county superintendent im- mediately after the close of each examination to the superintendent of public instruction. He may appoint such clerical assistants as he may deem necessary, but the expenditures therefor shall not exceed in the ag- gregate the sum annually collected from applicants for county certificates for this purpose. Teacher's ex- aminations. Schoo Law 66 GENERAL SCHOOL LAWS Professional certificate— how obtained. Sec. 870. (Amended.) LIFE PROFESSIONAL CERTIFICATE, WHO ENTITLED.— He may is- sue a state certificate, to be valid for life, unless it lapse or be revoked, to be known as a life professional certificate. Such certificate shall be issued only to persons of good moral character who pass a thorough examination in all the branches included in the course of study prescribed for the common and high schools of the state, including pedagogics and such other branches as the superintendent of public instruction may direct, and to persons who have received degrees in liberal arts, granted by any college or university of recognized standing. Such certificate shall in no case be granted unless the applicant has had an experience as a teacher of at least five years ; provided, that any person who is a graduate of the normal college of the university of North Dakota or of the state normal schools of North Dakota, and has had three years' successful experience after graduation, may be granted such certificate without further examination ; provided, further, that if the holder of a professional certificate shall at any time cease to teach or be engaged in other educational work for a period of five years, such cer- tificate shall lapse and the lapse, with date and cause shall be made a matter of record in the office of the state superintendent of public instruction. Such cer- tificate, however, may be reinstated under such rules as may be prescribed by the superintendent of public instruction. Five years' experience. Normal grad- uates. Certificates lapse— when State certifi- cates — first class Sec. 871. (Amended.) STATE CERTIFI- CATES. FIRST AND SECOND CLASS. SPE- CIAL. WHO ENTITLED.— 1. He may issue a state certificate, to be valid for a term of five years unless sooner revoked, to be known as a state certifi- cate of the first class. Such certificate shall be issued only to persons of good moral character who have completed the prescribed curriculum of study in the normal college of the state university or in one of the normal schools of the state or in a normal school else- where, having a reputation of thoroughness or to those persons who have degrees in liberal arts, granted by any college or university of recognized standing, but the superintendent of public instruction may ex- amine any such applicant in his discretion. Such cer- tificate shall not be granted unless the applicant shall have taught school successfully for at least eighteen months after graduation. STATE OF NORTH DAKOTA 67 2. He may issue a state certificate, to be valid for a term of three years, unless sooner revoked, to 'be known as a state certificate of the second class. Such certificate shall be issued only to persons of good moral character who have completed the prescribed curricu- lum of study in any reputable normal school or who have received degrees in liberal arts from a college or university of good standing in this state and have made at least one year's study in pedagogics, such as shall be prescribed by the superintendent of public instruction, but the superintendent of public instruc- tion may examine any such applicant in his discretion. 3. Any person who is a graduate of the normal college of the university of North Dakota or of one of Second das the normal schools of North Dakota, and who has had nine months' successful experience as a teacher after graduation may be granted the state certificate of the first class ; provided, that a diploma from the normal department of the university of North Dakota or of either of the normal schools of this state shall be the equivalent of a state certificate of the second class, if the party holding such diploma have the required age specified in section 875. 4. He may issue special certificates authorizing the holders thereof to teach music, drawing, kindergarten, primary subjects or manual and industrial training, which certificates shall be valid throughout the state, each for a term of three years, under such regulations Special as the superintendent of public instruction may pre- scribe ; provided, that graduates from the state manual training school shall be entitled to certificates author- izing them to teach manual and industrial training without further examination. Sec. 872. FEE FOR CERTIFICATE. CER- TIFICATE. HOW REVOKED.— The superintend- ent of public instruction shall require a fee of five dollars from each applicant for a life professional cer- p,gj,j.jg^.^^g tificate, a fee of three dollars for a state certificate of fee' ^ the first or second class, and a fee of two dollars from each applicant for a special certificate, which fees shall be used by him to aid in the establishment and mainte- nance of teachers' reading circles and in the profes- sionalizing of teaching in the state in such other ways as he may deem advisable. He shall revoke at any time any certificate issued in this state for any cause which would have been sufficient ground for refusing to issue the same had the cause existed or been known at the time it was issued, and shall revoke the same Revocation of certificate. 68 GENERAL SCHOOL LAWS Examination by county sup- erintendent. for willful violation of any teacher's contract entered into by the holder of any such certificate and any school board or board of school trustees in this state. Sec. 873. (Amended.) EXAMINATION OF TEACHERS BY COUNTY SUPERINTENDENT. —The county superintendent shall hold a public exam- ination of all persons over eighteen years of age offer- ing themselves as candidates for teachers of common schools at the most suitable place in the county, on the second Friday in March, and on the last Friday in May, August and October of each year, and when necessary, such examination may be continued on the following day, at which time he shall examine them by a series of written or printed questions, according to the rules prescribed by the superintendent of public instruction. The countv superintendent shall forward all answer papers submitted by candidates for county certificates, designating each by number instead of nam.e, immediatelv after the close of the examination to the superintendent of public instruction for exam-, ination, marking, filing and recording. The superin- tendent of public instruction shall transmit, within thirty days from the date of said examination, a record of the standings of each applicant to the county super- intendent who shall then grant to the anolicant a cer- tificate of qualification, if from the percentage of cor- rect answers required by the rules, said applicant is found to possess the requisite knowledge and under- standing to teach in the common schools of the state the various branches required by law ; orovided, the countv superintendent has sufficient evidence that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness to teach and govern. Sec. 874. (Amended.) TEACHERS' GRADES, HOAV ESTABLISHED. RE-EXAMINATION, WHEN ALLOWED.— County certificates shall be of three regular grades: First grade for a term of three years ; second grade for a term of two years, and third grade for a term of one year, according to the ratio of correct answers for each applicant, and other evidence of ciualification ; provided, that after January 1, 1908, county certificates shall be of two regular grades : First grade for a term of three years ; second grade for a term of two years. No certificate shall be granted unless the applicant shall be found proficient in and qualified to teach the comm.on iDranches of a common English education, reading, Papers sent state superin- tendent. Grades of cer- tificates and basis thereof. STATE OF NORTH DAKOTA 69 Permits to teach. writing, orthography, language lessons and English grammar, geography. United States history, civil government, physiology and hygiene and can pass a satisfactory examination in physical culture and theory and practice if teaching. In addition to the above, an applicant for a first grade certificate shall pass a satis- factory examination in physical geography, elementary physics, psychology, elementary algebra and geometry. The percentage required to pass any branch shall be prescribed by the superintendent of public instruction. Tihe county superintendent may grant permission to teach until the results of the next regular examina- tion are received from the superintendent of public instruction, to any person applying at any other time than at a regular examination, who can show satis- factory reasons for failing to attend such examination and satisfactory evidence of qualification, subject to such rules and regulations as may be prescribed by the superintendent of public instruction. Subsequent permits may be granted by the county superintendent with consent and approval of the superintendent of public instruction. The written answers of applicants for county certificates, after being duly examined by the superintendent of public instruction, shall be kept by ihim for a period of six months after such exami- nation, and any candidate, thinking an injustice has been done him, may, by paying a fee of two dollars into the institute fund ot the county and notifying both the county superintendent and the superintendent of public instruction of the same, have his pipers re- viewed by the superintendent of public instruction, in person, and, if such answers warrant it, he shall in- struct the county superintendent to issue such applicant a county certificate of the proper grade and the county superintendent shall carry out such instructions. Sec. 875. (Amended.) QUALIFICATIONS OF TEACHERS. CONTRACTS, WHEN VOID.— No certificate or permit to teach shall be issued to any person under eighteen years of age, and no first grade certificate to any person who is under twentv years of age, and who has not taught successfully twelve school months, and no person shall be allowed to teach more than fifteen school months on third grade certificates. First and second grade certificates may be renewed without examination, under such re- ouirements as shall be imnosed bv the superintendent of public instruction. The certificate issued bv a county superintendent shall be valid only in the county Certificates and permlts- to whom Is- sued. 70 GENERAL SCHOOL LAWS Fee. Contract when. void, were issued ; provided that a county superintendent Valid where, shall indorse for the full period for which they are valid when presented to him for indorsement first and second grade certificates. A fee of one dollar shall be paid into the institute fund of the county for each renewal or indorsement. No person shall be employed or permitted to teach in any of the public schools of the state, except those in cities organized for school purposes under special laws, or organized as inde- pendent districts, under the general school laws, who is not the holder of a lawful certificate of qualification or a permit to teach, and no teacher's certificate, issued by the superintendent of public instruction, nor a teacher's diploma granted by any institution of learn- ing in this state shall entitle a person to teach in such public schools of any county, unless such certificate or diploma shall have been recorded in the office of the county superintendent and it shall be the duty of the county superintendent to record such certificate or diploma ; provided, further, that no certificate or per- mit to teach in the schools of the state shall be granted to any person who is not a citizen of the United States, unless such person has resided in the United States for one year, at least, prior to the time of such appli- cation for such certificate or permit. Anv contract made in violation of this section shall be void. Sec. 876. (Amended.) FEES FOR CERTIFI- CATE. — Each applicant for a county certificate shall pay two dollars to the county superintendent, one dol- lar of which shall be paid into the countv teachers' institute fund to be used in support of teachers' insti- tutes or the teachers' training schools in the county, as otherwise provided, and one dollar of said fee shall be used by the superintendent of public instruction for such clerical assistance as he may deem necessary and competent for the reading of teachers' answer papers and work connected therewith. It shall be the dutv of the countv suoerintendent, immediately after each examination, to forward one dollar for each applicant for teacher's certificate to the superintendent of public instruction, such sums to be used bv him as hereinbe- fore provided. (See Sections 772 and 890.) Sec. 877. (Amended.) CERTIFICATES. WHEN REVOCABLE. — The county superintendent is au- thorized and required to revoke and annul, at any time, a certificate granted bv him or his predecessor for any cause which would have authorized or re- quired him to refuse to grant it, if known at the time Fee for certi- ficate. Revocation of certificate — when. STATE OF NORTH DAKOTA 71 it was granted, and for incompetency, immorality, in- temperance, cruelty, crime against the laws of the state, breach of contract, refusal to perform his duty or general neglect of the work of the school. The revocation of the certificate shall terminate the employ- ment of such teacher in the school where he may be at the time employed. Such teacher must be paid up to the time of receiving notice of such revocation. The county superintendent shall immediately notify the clerk of the school district where such teacher is em- ployed and he may notify the teacher, through the clerk, of such revocation, and he shall also notify the state superintendent of public instruction and each tounty superintendent in the state, and shall enter his action in such case in the books of record in his office. Sec. 878. PROCEEDINGS TO REVOKE. TEACHERS ALLOWED DEFENSE.— In proceed- ings to revoke a certificate the county superintendent may act upon his personal knowledge or upon com- petent evidence obtained from others. In the latter case, action shall be taken only after a fair .hearing, and the teacher must be notified of the charge and given an opportunity to make a defense at such time Revocation and place as may be stated in such notice. Upon his p"""^^^"^^- own knowledge the superintendent may act immediate- ly without notice, after an opportunity has been afford- ed such teacher for personal explanation. When any certificate is revoked the teacher shall return it to the superintendent but if such teacher refuses or neglects so to do the superintendent may issue notice of such revocation by publication in some newspaper printed in tne county. Article 13. — Duties of Teachers. Sec. 879. GIVE NOTICE OF OPENING AND CLOSING SCHOOL. — Each teacher on commencing a term of school shall give written notice to the county superintendent of the time and place of beginning such school and the time when it will probably close, and prior to receiving salary for the first month each teacher must exhibit his certificate to the clerk of the ■district school board. If such school is to be sus- pended for one week or more in such term the teacher shall notify the county superintendent of such sus- pension. Sec. 880. WHEN TEACHER NOT ENTITLED TO COMPENSATION.— No teacher shall be en- titled to or receive any compensation for the time he Opening and closing school — notice. 72 GENERAL SCHOOL LAWS teaches in any public school without a certificate valid and in force for such time in the county where such school is taught, except that if a teacher's certificate shall expire by its own limitation within six weeks of the close of the term, such teacher niav finish such term without re-examination or renewal of such cer- tificate. No compensa- tion to teacher —when. Teacher's reg- ister. Report. Wages held back. School year. School week. Holidays. Course of study. Sec. 881. TEACHER'S REGISTER, WHAT TO CONTAIN. — Each teacher shall keep a school register and at the close of each term make a report, containing the number of visits of the county superintendent, and such items and in such form as shall be required. Such report shall be made in duplicate, both copies oi which shall be 'Sent to the county superintendent, who if he finds such report to be correct, shall immediately return one copy to the district clerk, same to be filed with him. No teacher shall be paid the last month's wages, in any term until such report shall have been approved by the county superintendent and one copy returned to the district clerk. Sec. 882. SCHOOL YEAR AND SCHOOL WEEK DEFINED. HOLIDA ifS.— The school year shall begin on the first day of July and close on the thirtieth day of June of each year. A school week sball consist of five days and a school month of twenty days. No school shall be taught on a legal holiday nor on any Saturday. A legal holiday in term time falling upon a day which otherwise would be a school day shall be counted and the teacher shall be paid therefor, but no teacher shall be paid for Saturday, nor be permitted to teach on Saturday, to make up for the loss of a dav in the term. {See Appendix D — Note 27.) Sec. 883. (Amended.) BRANCHES TO BE TAUGHT IN ALL SCHOOLS.— Each teacher in the common schools shall teach pupils as they are suffi- ciently advanced to pursue the same, the following branches : ' Orthography, reading, spelling, writing, arithmetic, language lessons, English grammar, geog- raphy, LTnited States history, civil government, physi- ologv and hygiene, giving special instruction concern- ing the nature of alcoholic drinks and other narcotics, and their efTect upon the human system. Physiolog)' and hygiene, including the nature of alcoholic drinks and other narcotics and their efifect upon the human system, shall be taught as thoroughly as anv branch is taught. All pupils in the above-mentioned schools STATE OF NORTH DAKOTA 73 Humane treat- ment of ani- mals below the hig^h school and above the third year of school work, computing from the beginning of the lowest primary year, shall receive instruction in this subject every year from text books adapted to grade in the hands of pupils, for not less than four lessons per week for ten weeks 'of each school year. In all schools above mentioned, all pupils in the lowest three primary school years shall each year be instructed orally in this subject for not less than three lessons per week for ten weeks of each school year by teachers using text books adapted to grade for such instruc- tion as a guide or standard. Each teacher in the schools in special districts and in the cities organized for school purposes under special law shall conform to and be governed by the provisions of this section. Sec. 884. TEACHING HUMANE TREAT- MENT OF ANIMALS.— That there shall be taught in the public schools of North Dakota, in addition to the other branches of study now prescribed, a system of study of the humane treatment of animals ; such instruction shall be oral and to consist of not less than two lessons of ten minutes each per week. The prin- cipal or teacher of every school shall certify in each of hiis or her reports that 'such instruction has been given in the school under his or her control. Sec. 885. TEACHERS' INSTITUTES AND TEACHERS' TRAINING SCHOOLS, HOW NO- TICED. PENALTY FOR FAILURE TO AT- TEND. — When a teachers' institute or teachers' train- ing school is appointed to be held in or for any county it shall be the duty of the county superintendent to give written or printed notice thereof to each teacher stltute^notlce in the public schools of the county, and as far as possi- °*' ble to all others not then engaged in teaching, who are holders of teachers' certificates, at least ten days before the opening of such institute or teachers' training school of the time and place of holding it. Each teacher receiving such notice, engaged in teaching a term of school which includes wholly or in part the time of holding such institute or teachers' training school, shall close school and attend the same and shall be paid bv the school board of the district his regular wages as teacher for the time he attended such institute or teachers' training school, as certified by the county superintendent, but no teacher shall receive pay unless he has attended four consecutive days nor shall any teacher receive pay for more than five days. The county superintendent may revoke the certificate Teachers' In- Sehools to close. 74 GENERAL SCHOOL LAWS Failure to at- tend—penalty. Exception. of any teacher in his county for inexcusable neglect or refusal after due notice, to attend a teachers' insti- tute or teachers' training school held for such county. The provisions of this section shall not apply to high school teachers, nor to teachers in cities organized for school purposes under a special law, nor to teachers in cities organized as independent districts under the provisions of this chapter. Sec. 886. PUPIL MAY BE SUSPENDED FOR CAUSE. — A teacher may suspend from school for not more than five days any pupil for insubordination or habitual disobedience, or disorderly conduct. In such case the teacher shall give immediate notice to the parent or guardian of such pupil, also to some mem- ber of the district school board of such suspension and the reason therefor. {See Sec. 82^.) Suspension of pupils. Pupils to be graded by teacher. Bible shall not be excluded. Moral instruc- tion. Sec. 887. ASSIGNMENT OF STUDIES TO PUPILS. — It shall be the duty of the teacher to assign to each pupil such studies as he is qualified to pursue, and to place him in the proper class in anv studies subject to the provisions in section 883; pro- vided, that in a graded school under the charge of a principal or local superintendent, such principal or superintendent shall perform this duty. In case any parent or guardian is dissatisfied with such assign- ment or classification, the matter shall be referred to and decided by the county superintendent. Sec. 888. BIBLE NOT SECTARIAN BOOK. READING OPTIONAL WITH PUPIL.— The Bible shall not be deemed a sectarian book. It shall not be excluded from any public school. It may at the option of the teacher be read in school without sectarian com- ment, not to exceed ten minutes daily. No pupil shall be required to read it nor be present in the school room during the reading thereof contrary to the wishes of his parents or guardian or other person having nim in charge. Moral instruction tending to impress upon the minds of pupils the importance of truthfulness, temperance, purity, public spirit, patriotism and re- spect for honest labor, obedience to parents and due deference for old age, shall be given by each teacher in the public schools.' Sec. 889. PHYSICAL EDUCATION.— Physical education, which shall aim to develop and discipline the body and promote health through systematic exer- cise, shall be included in the branches of study required by law to be taught in the common schools, and shall STATE OF NORTH DAKOTA 75 be introduced and taught as a regular branch to all pupils in all departments of the public schools of the state, and in all educational institutions supported wholly or in part by money from the state. It shall systematic be the duty of all boards of education and boards of Physical exer- educational institutions receiving money from the state, to make provision for daily instruction in all the schools and institutions under their respective juris- diction, and to adopt such method or methods as will adapt progressive phvsical exercise to the development, health and discipline of the pupils in the various grades and classes of schools and institutions receiving aid from the state. Article 14. — Institutes, Associations and Read- ing Circle. Sec. 890. TEACHERS' COUNTY INSTITUTE FUND. — All money received by the county superin- tendent from examination fees for the county institute fund, and all moneys paid into this fund from the county general revenue fund, shall be used by him to aid in the support of teachers' institutes or teachers' training schools, to be held within or for the county and to pay necessary expenses incurred therein. The county superintendent shall present an itemized state- ment, duly verified to the county auditor for the amount of all such necessary expenses and the auditor shall issue a warrant therefor as provided by law. The county superintendent shall, at the end of each year, submit a full and accurate statement of the receipts and expenditures of these funds, under oath, to the superintendent of public instruction. {See Sec- tions 11 2 and Syd.) Sec. 891. APPROPRIATION FOR INSTITUTE FUND. DESIGNATION OF CONDUCTORS.— There is hereby appropriated out of any funds in the state treasury, not otherwise appropriated, the sum of fifty dollars each year to each organized county in the state in which there are ten or more resident teachers, which shall be designated as the state institute fund and which shall be used exclusively in employing per- sons of learning, ability and experience as conductors of teachers' institutes, and the further sum of ten cents a mile for the distance actuall}^ and necessarily traveled by a lecturer for such institute. The superin- tendent of public instruction after consultation with Conductors, the county superintendents as to the special needs and wants of their respective counties, shall appoint the County Insti- tute fund. Appropriation to counties. 76 GENERAL SCHOOL LAWS time, place and duration of these institutes and shall designate the persons to act as conductors of and lecturers at such institutes, as in his judgment the needs of the various counties demand. Sec. 892. (Amended.) INSTITUTE FUNDS, HOW PAID OUT.— It shall be the duty of the county superintendent of school in all cases to consult with the state superintendent of public instruction in refer- ence to the management of such institute or teachers' training school, and he shall carry out the sugges- tions of such state superintendent as to the modes of instruction. No salary shall be paid to any conductor or instructor not previously appointed or employed as herein provided. The money hereby appropriated paid. ^' ^ from the state treasury for the support of teachers' institutes or teachers' training schools shall be paid to the persons to whom it is due by warrant of the state auditor upon the state treasurer, which shall be issued upon the presentation of an account in due form, receipted by the person to whom due and ap- proved b}^ the state superintendent of public instruc- tion ; provided, that no county shall receive more than ten dollars from such appropriation for the payment of conductor's salary for each day its institute is in session ; provided, that the state and county institute funds specified by sections 890 and 891, and the ap- propriation specified by section 893 of one or more counties may be applied to the support of a teachers' training school for such count}^ or counties at the request of the county superintendent for such county or counties with the consent and under the direction of the state superintendent of public instruction ; pro- vided, further, that where a teachers' training school of not less than three weeks' duration is held within or for any county, the conductor of such training school and the county superintendent shall file a certified statement with the county auditor, specifying the time and place of such teachers' training school and the • . total number of schools and separate departments in graded and high schools in said county in which school has been taught at least four months during the pre- ceding school year. The county auditor shall file a copy of said statement with the county treasurer who shall therepuon transfer from the county general reve- nue fund to the county institute fund the sum of two dollars for each school or separate department in high and graded schools in the county, as per specified state- ment filed with the county auditor. STATE OF NORTH DAKOTA 77 School age. Defectives. Sec. 893. COUNTY COMMISSIONERS MAY AID INSTITUTES.— The money assigned for any particular institute may be added to any fund fur- nished for the purpose by any county, and the institute county com- extended as long as the entire fund will allow. If a ™^^^|^°^f^^g ^p. sufficient county fund is not otherwise provided, the propriations. board of county commissioners may appropriate not more than fifty dollars in any county each year in aid of institutes. The superintendent of public instruction may require a statement of the amount of funds the county has on hand for this purpose at any time. Article 15. — ^Compulsory Education. Sec. 894.' SCHOOL AGE, WHO EXEMPT FROM COMPULSORY ATTENDANCE.— Every parent, guardian or other person who resides in any school district or city, who has control of any child or children of or between the ages of eight and fourteen years, shall send such child or children to a public school in each year during the entire time the public schools of such district or city are in session, and every parent, guardian or other person having con- trol of any deaf or feeble minded child or youth be- tween seven and twenty-one years of age shall be required to send such deaf child to the school for the deaf at the city of Devils Lake, and any feeble minded child to the institution for the feeble minded at Graf- ton; provided, that such parent, guardian or other person having control of any child shall be excused Exceptions, from such duty by the school board of the district or by the board of education of the city or village when- ever it shall be shown to their satisfaction, subject to appeal as provided by law, that one of the following reasons therefor exists : 1. That such child is taug'ht for the same length of time in a parochial or private school, approved by such board; that no school shall be approved by such board unless the branches usually taught in the public schools are taught in such schools. 2 That such child is actually necessary to the sup- port of the family. 3. That such child has already acquired the branches of learning taught in the public schools. 4. That such child is in such a physical or mental ■ condition (as declared by the county physician, if re- quired by the board) as to render such attendance Distance. inexpedient or impracticable. If no school is taught the requisite length of time within three miles of the 78 GENERAL SCHOOL LAWS residence of such child 'by the nearest route, such at- tendance shall not be enforced, except in cases of con- solidated schools where transportation may be ar- ranged for by the school board; provided, that in dis- tricts where children reside beyond the three-mile limit and school facilities are not otherwise provided, the district school board shall provide transportation for such children to and from school. In districts hav- ing consolidated schools where transportation is ar- ranged for by the school board, or in other districts providing transportation, attendance shall be required of pupils residing within four miles of such school or schools, but this provision shall not apply to deaf or feeble minded children in this state. The common schools provided for in this chapter shall be at all times equally free, open and accessible to all children over six and under twenty years of age, residents of the school districts where they are held or entitled to attend school, Under any special provisions of this chapter, subject to the regulations herein made, and to such regulations as the several school boards and boards of education mav prescribe, equitably and justly and not in conflict with the provisions of law ; pro- vided, that no parent, guardian or person having con- trol over such child shall be prosecuted without being first notified by the county superintendent of schools or the president of the school board in the district in which said child resides, and being given ten days within which to comply with the law ; provided, fur- ther, that this section shall not be construed to apply to parents, guardians or other persons having control of any child or children between the ages of eight and fourteen, who desire to send such child or children for a period not exceeding four months in any year to any parochial school for the purpose of preparing such child or children for certain rehgious duties. Schools must be free. Neglect to sead children to school- penalty for. Sec. 895. PENALTY.— Any such parent, guard- ian or other person failing to comply with the require- ments of the foregoing section, shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be fined in a sum not less than five nor more than twenty dollars for the first ofifense and not less than ten dollars nor more than fifty dollars for the second and every subsequent ofifense, with costs in each case. See. 896. (Amended.) PROSECUTION FOR NEGLECTING THIS DUTY.— It shall be the duty of the clerk or secretary of the board of education of STATE OF NORTH DAKOTA 79 President of school board must prose- cute. any city, town or village, or the clerk of the school board of any district to inquire into all cases of neg- lect of the duty prescribed in this article and to ascer- tain from the person neglecting to perform such duty the reason therefor, if any, and to notify the county superintendent of schools of such neglect ; and said county superintendent, upon proper presentation of facts, shall lay the matter before the state's attorney whose duty it will, be to proceed forthwith to secure the prosecution for any offense occuring under this article ; provided, further, that the board of education in any city of over five thousand inhabitants may em- Truant officer ploy a truant officer who shall perform the duties im- plied in this section. Sec. 897. CHILD LABOR PROHIBITED DUR- ING SCHOOL HOURS.— No child between e^ht and fourteen years of age shall be employed in any mine, factory or workshop or mercantile establishment or, except by his parents or guardian, in any other manner during the hours when the public schools in the city, village or district are in session, unless the person employing him shall first procure a certificate from the superintendent of schools of the city or vil- lage, if one is employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as iprovided in section 894 ; and it shall be the duty of such superintendent or clerk to furnish such certificate upon application of the parent, guardian or other persons having control of such child, entitled to the same. Sec. 898. PENALTY FOR VIOLATION.— Each owner, superintendent or overseer of any mine, factory, workshop or mercantile establishment, and ai^y other person who shall employ any child between eight and, fourteen years of age contrary to the provisions of this article, is guilty of a misdemeanor, and upon convic- tion thereof shall be fined for each offense in a sum not less than twenty nor more than fifty dollars and costs. Each person authorized to sign a certificate as prescribed in the preceding section, who certifies to any materially false statement therein, shall be fined not less than twenty nor more than fifty dollars and costs. Sec. 899. PROSECUTIONS, HOW BROUGHT. — Prosecutions under this article shall be brousfht in Child labor prohibited— when. Penalty. 80 GENERAL SCHOOL LAWS the name of the state of North Dakota before any Prosecution. court of competent jurisdiction, and the fanes collected shall be paid over to the county treasurer and by him credited to the areneral school fund of the state. Neglect of duty by school offleer — penal- ty for. Falsifying election re- turns—penalty for. School officers not to be in- terested in contracts. Unlawful drawing of money— penal- ty for. Embezzlement — what is. Article 16. — Fines^ Forfeitures and Penalties. Sec. 900. PENALTY FOR NEGLECT OF DUTY BY SCHOOL DIRECTOR, TREASURER OR CLERK. — Each person duly elected to the office of director, treasurer or clerk of any district, who, having entered upon the duties of his office, shall neg- lect or refuse to perform any duties required of him by the provisions of this chapter shall upon conviction be fined in the sum of ten dollars and his office shall be deemed vacant. Sec. 901. PENALTY FOR FALSE ELECTION RETURNS. — Any judge or clerk of election, school district clerk or county auditor who wilfully violates the provisions of this chapter in relation to elections or who wilfully makes a false return shall upon con- viction be deemed guilty of a felony. Sec. 903. SPECULATION IN OFFICE PRO- HIBITED. — No school officer shall personally engage in the purchase of any school bonds or warrants nor shall any such officer be personally interested in any contract requiring the expenditure of school funds ex- cept for the purchase of fuel and such supplies as are in daily use, but not including furniture, or the ex- penditure of funds appropriated by the state, county, school corporation or otherwise for any school purpose connected with his office. Any violation of this sec- tion shall be a misdemeanor. {See Appendix B. — Sec. 9402.) Sec. 903. PENALTY FOR UNLAWFUL DRAWING OF SCHOOL MONEY.— Any person who draws money from the county treasury, who is not at the time a duly qualified treasurer of the school corporation for which he draws the money and author- ized to act as such, shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than twenty-five dollars. Sec. 904. USE OF SCHOOL FUNDS. WHEN EMBEZZLEMENT.— Sach treasurer who shall loan any portion of the money in his hands belonging to any school district, whether for consideration or not, or who shall expend any portion thereof for his own or any other person's private use, is guilty of embezzle- STATE OF NORTH DAKOTA 81 Action on treasurer's bond. ment, and no such treasurer shall pay over or deliver the school money in his hands to any officer or person or to any committee to be expended by him or them; but all public funds shall be paid out only by the proper treasurer as hereinbefore provided. Sec. 905. ACTION TO RECOVER MONEY WHEN TREASURER FAILS TO PAY OVER.— If any person shall refuse or naglect to pay over any money in his hands as treasurer of a school district to his successor in office his successor must, without delay, bring action upon the official bond of such treasurer for the recovery of such money. {See Ap- pendix D—Note 13.) Sec. 906. PENALTY, WHEN INDORSEMENT OF UNPAID WARRANTS IS NOT MADE.— Any violation by a district treasurer of the provisions of this chapter requiring indorsement of warrants not paid for want of funds, and the payment thereof in the order of presentation and indorsement is a misdemeanor pun- ishable by a fine not exceeding one hundred dollars. Sec. 907. PENALTY FOR FALSE REPORTS. — Each clerk or treasurer of a district who wilfully signs or transmits a false report to the county super- intendent or wilfully signs, issues or publishes a false statement of facts purporting or appearing to be based upon the books, accounts or records, or of the affairs, resources and credit of the district shall upon convic- tion be punished by a fine not exceeding fifty dollars or by imprisonment in the county jail not exceeding fifteen days. {See Appendix B. — Sec. 306.) Failure to In- dorse unpaid warrants — penalty for. False reports —penalty for. Sec. 908. PENALTY FOR WILFUL DIS- TURBANCE OF PUBLIC SCHOOL.— Each person whether pupil or not, who wilfully molests or disturbs a public school when in session or who wilfully inter- feres with or interrupts the proper order of manage- ment of a public school by act of violence, boisterous conduct or threatening language, so as to prevent the teacher or any pupil from performing his duty, or who shall in the presence of the school or school children upbraid, insult or threaten the teacher shall upon con- viction thereof be punished by a fine not exceeding twenty-five dollars or by imprisonment in the county jail for a period not exceeding ten days, or by both. Sec. 909. (Amended.) PROPOSALS FOR CON- TRACTS. — No contract, except for teachers' or jani- tors' wages, or school text books, involving the ex- penditure of school funds or money appropriated for Disturbance of school— what is — pen- alty for. Contracts- how let. School Laws — 6] 82 GENERAL SCHOOL LAWS any purpose relating to the educational system of this state, or any county, district or school corporation therein, when the amount exceeds one hundred dollars, shall be let until proposals are advertised for, and after such advertisement, only to the lowest responsible bid- der. Any violation of this section shall be a misde- meanor. {See Sec. 918.) Article 17. — Bonds, Bonds— how Is- sued. Notice of elec- tion. How long posted. Voting. Sec. 910. (Amended.) SCHOOL BONDS, HOW ISSUED.— Whenever a duly constituted school district, including independent school districts, in any organized county in the state at any regular or special meeting held for that purpose shall determine 'by a majority vote of all the qualified voters of such school district present at such meeting and voting to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to locate the same or to fund any outstanding indebtedness or for the purpose of taking up any out- standing bonds the district school board may lawfully issue such bonds in accordance with the provisions of this article. (See Apendix C. — I, h, e, f ; also Sec. pip; also Appendix D. — Sections 2414-2488.) Sec. 911. NOTICE OF ELECTION TO VOTE BONDS. — Before the question of issuing bonds shall be submitted to a vote of the school district, notices shall be posted in at least three public and conspicuous places in such district, stating the time and place of such meeting, the amount of bonds proposed to be issued and the time in which they shall be made pay- able. Such notices shall be posted at least twenty days before the meeting, and the voting shall be done by means of written or printed ballots, and all ballots de- posited in .favor of issuing bonds shall have thereon the words "for issuing bonds," and those opposed thereto shall have thereon the words "against issuing bonds," and if a majority of the votes cast shall be in favor of issuing bonds the school board, through its proper officers shall forthwith issue bonds in accord- ance- with such vote ; but if a majority of all votes cast are against issuing bonds then no further action can be had and the question shall not be again submitted to a vote for one year thereafter, except for a different amount; provided, that the question of issuing bonds shall not be submitted to a vote of the district and no STATE OF NORTH DAKOTA 83 Number of petitioners necessary. Denomination of bonds. Iilterest. Limit of Issue. meeting shall 'be called for that purpose ustil the dis- trict school board shall have been petitioned in writing by at least one-third of the voters of the district. Sec. 912. (Amended.) BONDS, DENOMINA- TION OF. INTEREST. LIMIT OF ISSUE.— The denominations of the bonds which may be issued under the provisions of this article shall be fifty dol- lars or some multiple of fifty, not exceeding five hun- dred dollars, and shall bear interest at a rate not ex- ceeding five per rent per annum, payable semi-annually on the first day of January and July in each year, in accordance with interest coupons which shall be at- tached to such bonds ; provided, that the amount of bonds, including all other indebtedness shall not ex- ceed five per cent of the assessed valuation of the school district and may be made payable in not less than ten or more than twenty years from their date. Sec. 913. BONDS, RECORD OF TO BE KEPT. — Whenever any bonds are issued under the provi- sions of this chapter they shall be lithographed or printed on bond paper and shall state upon their face the date of their issue, the amount of the bonds, to whom and for what purpose issued, also the time and place of payment and the rate of interest to be paid. They shall have printed upon the margin the words "Authorized by article 16 of chapter 9 of the political code of North Dakota of 1899." Immediately after the issuing of school bonds pursuant to this chapter the clerk of the school district so issuing its bonds shall file with the county auditor of the county in which such district is situated, certified copies of all the proceedings had In such district relative to the issuing of such bonds and also a statement of the amount of the Indebtedness of such school district ; and before any of the bonds are disposed of they shall be presented to the county auditor of the county in which the school district issuing the same Is situated. He shall carefully examine the records of the proceed- ings of such school district upon the question of issu- ing such bonds as the same are filed with him as here- inbefore directed, and shall satisfy himself by the evi- dence thus furnished whether or not all the laws of the state relative to the issuing of such bonds have been complied with. If satisfied that they have been and that the bonds in question have been legally is- sued, he shall In a book kept for such purpose pre- serve a register of each bond showing in separate columns the name of the school district issulnof the Description. Duties of clerli and county auditor Register. 84 GENERAL SCHOOL LAWS bonds, the number of such bonds, the denomination thereof, the date of their issue, the date when they will mature, the names of the school officers execut- ing the same and such other facts as may be pertinent and he shall then indorse on each of such bonds the following certificate : Auditors certl' flcate. Sinking fund and interest- tax levy for. Sclaool board may purcliase bonds. State of North Dakota. ss. County of ) I, , county auditor, do hereby certify that the within bond is issued ipursuant to law and is within the debt limit prescribed by the constitution of the state of North Dakota, and in accordance with the vote of school district at a (regular or special meeting held on the day of A. D. 190. ., to issue bonds to the amount of dollars, and is a legal and valid debt of such school district ; that such bonds are duly regis- tered in this office and that such school district is legally organized and the signatures affixed to such bonds are the genuine signatures of the proper officers of such school district. The blanks shall be filled according to the facts and the certificate officially signed by the county auditor and attested by his official seal. Such bonds shall be signed by the president and clerk of the school board and shall be registered in a book to be kept by the clerk for that purpose in which shall be entered the number, date and name of the person to whom issued and the date when the same will become due. {See Appendix D.—Note 23.) Sec. 914. SINKING FUND AND INTEREST TAX. — In addition to the amount that may already be assessed under existing laws there shall be levied upon the taxable property of the school district so issuing bonds at or before their issuance and collected as other taxes are collected a sum sufficient, not exceeding five mills on the dollar of assessed valuation of such dis- tricts, to pay interest upon such bonded indebtedness, and after five years in like manner a further tax not exceeding two mills on the dollar for a sinking fund to be used in payment of such bonds when they be- come due, and for no other purpose, except that when- ever there are sufficient funds on hand, belonging to such sinking fund, the school board may in its discre- tion, purchase any of the outstanding bonds at their market value and pay for the same out of such sink- STATE OF NORTH DAKOTA 85 ing fund ; provided, that the school district board may designate one or more national or state banks in its county for a depository for such sinking fund, and in Depositories, such case the school board shall advertise for at least two weeks in some newspaper printed in the county for sealed proposals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids, and satisfying itself of the responsi- bility of all banks proposing to act as depositories. Before any bank shall be designated as such deposi- tory, it shall present to the school board a sealed pro- posal stating in writing what rate of interest will be paid for the deposit of such sinking fund, and shall submit to the board for its approval, .a bond payable to the school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three free- holders of the county as sureties, such bond to be in the sum required by the school board but in nO' case less than double the probable amount of funds to be deposited in such bank. The approval of such bond shall be indorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be desig- nated by the school board as a depository for the sink- ing fund, and shall continue as such, until such time as the board shall readvertise for bids as aforesaid, or until such funds are needed for the payment or purchase of bonds as provided in this section. When the sinking fund of any school district is deposited by the school treasurer in the name of the school dis- trict in such depository, such treasurer and his sure- School treas- ties shall be exempt from all liability thereon by reason from ^iiabfiity of loss of any such funds from the failure, bankruptcy °^ deposit. • or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such deposi- tory shall furnish to the school district clerk prior to the fifth day of July of each year, a verified statement of the school district's account with such depository for the year ending June thirtieth, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. (Sec Sec. Qi6.) Sec. 915. BONDS, HOW NEGOTIATED.— . When any bonds shall be issued under the provisions ,, ., ., , r 1 • • ^ 1 111-- 111, Negotiation of ot this article, the school district treasurer shall have bonds. authority to negotiate and sell such bonds for not less 86 GENERAL SCHOOL LAWS than par, and the said school district treasurer shall apply the proceeds arising from the sale of such bonds only for the purpose of building and furnishing a school house and purchasing grounds on which the said school house shall be located, or to fund any out- standing indebtedness, or for the purpose of taking up any outstanding bonds, as provided by section 910 of this article. {See Appendix C. — VI, 1, d, e.) Sec. 916. COUNTY AUDITOR MAY LEV/ TAX TO PAY BONDS, WHEN.— When any school board neglects or refuses to levy a tax in accordance with law to meet outstanding bonds or the interest thereon, the county auditor shall have power to lev}^ such tax and when collected to apply the proceeds to the payment of such coupons and bonds. Tax levy to pay bonds — by county auditor — when. Bonds— can- celled how — record of. Building school house procedure. Bond by con- tractor. Sec. 917. CANCELLED BONDS, RECORD OF. — When the bonds of any school district shall have been paid by the school board they shall be cancelled by writing or printing in red ink the words "cancelled and paid" across each bond and coupon, and the date of payment and amount paid shall be entered in the clerk's register against the proper number of the bonds and bonds so cancelled shall be filed in the office of the district treasurer until all the outstanding bonds are paid, when they shall be destroyed in the presence of the full board. Sec. 918. PROPOSALS FOR BUILDING SCHOOL HOUSES.— When any school house is built with funds provided for in the manner herein authorized, the school board shall advertise at least thirty days in some newspaper printed in the county,, or by posting notices for the same length of time in at least three of the most public and conspicuous places if no newspaper is published in the county, for sealed proposals for building and furnishing such school house in accordance with plans and specifications fur- nished by the school board, reserving the right to reject any and all bids, and if any of the proposals shall be reasonable and satisfactory such board shall award the contract to the lowest responsible bidder and shall re- quire of such contractor a bond in double the amount of the contract, conditioned that he will properly ac- count for all money and propertv of the school district that may come into his hands and that he will perform the conditions of his contract in a faithful manner and in accordance with its provisions ; and in case all the STATE OF NORTH DAKOTA 87 » proposals are rejected, such board shall advertise anew Re-advertise -- in the same manner as before until a reasonable bid ^iien. shall be submitted. {See Appendix B.) Sec. 919. PROVISIONS OF THIS ARTICLE, HOW APPLICABLE.— The provisions of this article shall be applicable to and authorize the issuance of bonds by such school districts as have already built school houses and issued orders or warrants therefor Districts with and any such school district may vote to bond the in- may bond. debtednes'S incurred by reason of building and furnish- ing a school house and purchasing a site for the same and bonds may be issued in the same manner as here- inbefore provided for building and furnishing school houses. Article 18. — School Funds. Sec. 920. SCHOOL FUNDS REQUIRED TO BE DEPOSITED. — All funds of each and every city or school district of this state shall be deposited by the treasurer of the city, county or school district, as soon as received by him, in the name of the city or deposited, school district of which he is an officer, in such bank or banks as shall have been designated as city or school district depositories in accordance with this article, as hereinafter provided. Sec. 921. DEPOSITORIES TO BE DESIG- NATED. — The city council or school board of each and every city or school district of this state, at its first regular meeting after this article shall take effect and at its first regular meeting in July of each odd tedelignated*° numbered year thereafter, shall designate one or more -when- national or state banks in its city or district or county as city or school district depositories, in which all of the funds of such city or school district shall be de- posited. Sec. 922. CITY AUDITOR OR SCHOOL CLERK TO ADVERTISE FOR PROPOSALS.— The city auditor or school clerk of each city or school district shall advertise in one or more newspapers of the city, county or village, for at least two weeks im- mediately prior to such meeting for sealed proposals ve^Hi^emlilt-^" for the deposit of funds of such city or school dis- when-contents trict, which advertisements shall state the date up to which such proposals will be received, which date shall be the day of the meeting of the city council or 'School board, at which such proposals are to be opened. Such proposals shall state in writing what GENERAL SCHOOL LAWS Proposals —con- sidered when rate of interest will be paid on average daily balances during the month, interest to be paid monthly on con- dition that such funds, with accrued interest, shall be held subject to draft at all times on demand. Such proposals shall be inclosed in sealed envelopes, ad- dressed to the city auditor or school clerk and marked "Proposals for deposit of city or school funds," and shall be by the city auditor or school clerk filed in his office. Sec. 923. HOW PROPOSALS ACTED ON. BOND REQUIRED.— Such proposals shall be pre- sented to the city council or school board at such meet- ings, and then, but not till then, shall be opened by the city auditor or school clerk in the presence of the council or school board, and the council or school board shall thereupon proceed to accept che proposal of the bank or banks offering the highest rate of in- terest, not inconsistent therewith, subject to the filing of a satisfactory bond as hereinafter provided, the amount of which bond shall then and there be fixed by the city council or school board. Before any bank shall be designated as such depository, it shall submit to the city council or school board for its approval a bond payable to the city or school district conditioned for the safe keeping and repayment of any and all funds deposited in such banks, which bond shall be signed by not less than five freeholders of the county or state as sureties ; such 'bond to be in the sum re- quired by the city council or school board, but in no case less than double the probable amount of funds to be deposited in such bank. If at any time the amount of funds on deposit in any such depositories shall exceed one-half of the amount named in such bond, it shall be the duty of the city council or school board at its next regular meeting thereafter to re- quire from such depository an additional bond in a sum not less than twice the amount of such excess. Such bond shall be approved by the city council or school board and the approval indorsed thereon by the mayor or president of the school board, and by him deposited with the city auditor or school district clerk ; and anv bank whose bond shall have been so approved shall thereupon be designated by the city council or school board as a city or school district depository and shall continue as such until such time as the city council or school board shall advertise for bids as aforesaid. If the city council or school board fails or refuses to approve such bond, the same may Bond of depository Bond approved STATE OF NORTH DAKOTA 89 Bond to be ap- proved by -whom Additional bond —when be presented to the judge of the district court, upon three days' notice to the city auditor or school dis- trict clerk, who shall proceed to hear and determine the sufficiency of such bond, and may approve such bond, and the said bank shall be dtclared a city or school district depository as aforesaid. The sureties on such bond shall be required to justify as required by law in arrest and bail proceedings ; provided, how- ever, that in lieu of such personal bond, the city coun- cil or school board may require such banks or bank to file a surety company bond for a sum equal to the amount of funds such bank may receive according to the provision of this article. If at ahy time the amount of funds such bank may receive according to the provisions of this article. If at any time the amount of funds on deposit in such depositories shall exceed the amount named in such surety company bond, it shall be the duty of the city council or school board at its next regular meeting thereafter to require from such depositories an additional surety bond in the sum of not less than the amount of such excess. Such surety company's bond shall be approved as pro- vided by law. Sec. 924. IN CASE BIDS ARE EQUAL, HOW DECIDED. — When two or more banks in the same city or village, proposing to be city or school district depositories, offer the same rate of interest, it shall be the duty of the city council or school board to select, ^quai bids- impartially, as many of such banks as depositories as how decided ofifer ample security for such deposits. In estimating the value of the security offered by any proposed de- pository the capital, surplus and general credit of the bank shall be taken into consideration, as well as the bonds proposed to be given. Sec. 925. TWO OR MORE BANKS MAY BE DESIGNATED. — In case two or more banks be des- ignated as depositories, the city or school district treasurer shall, as far as practicable, keep in each of the several depositories equal balances at all times ; provided, that in cities or villages where two or more banks are designated as depositories, the amount de- posited in any bank shall not exceed the capital of such bank ; provided, further, that in cities or villages where the city or school board deposits exceed the capital of the banks in said city or village, then the city council or school board shall deposit the funds of the city or school district in the banks of the city or village upon their giving a bond according to law. Two or more depositories 90 GENERAL SCHOOL LAWS Time deposits Depositories for time depos- its—how selected Rate of interest Funds to be de- posited in name of school dis- trict Sec. 926. WHEN TIME DEPOSITS MAY BE MADE. — ^Whenever there shall be accumulated in the sinking fund or any other revenue, city or school dis- trict fund, established by law, in any of the cities or school districts of this state, an amount of money exceeding- two hundred dollars, and for which there is no immediate use, the city council or school board of such city or school district is authorized and empow- ered to direct a time deposit of such funds for a period of one year or six months, as they may deem expe- dient, either in one or more of the city or school dis- trict depositories created by law, or such state or national bank as the city council or school board may designate. Sec. 927. HOW DEPOSITORIES FOR TIME DEPOSITS ARE SELECTED.— The depositories for such time deposits of the city or school district funds may be designated at any regular meeting of the city council or school board of such city or school district upon the advertisement and proposals as pro- vided by law for designating the depositories of the general city or school district funds, and the bank or banks designated as the depository or depositories of such time deposits of such city or school district funds shall be required to furnish a bond in the same amount, manner and form as prescribed by law for the sev- eral city and school district depositories. Sec. 928. MAXIMUM RATE OF INTEREST ON CALL DEPOSITS.— To further secure the safety of the city or school district funds deposited under the provisions of this article the city council or school board shall satisfy itself of the responsibility of the several banks proposing to act as depositories, and any bank offering more than four per cent per annum on deposits, subject to check, shall not be designated as a depository under the provisions of this article; provided, this act shall not apply to school districts in incorporated cities or villages. Sec. 929. IN WHOSE NAME DEPOSITED.— All funds of the city or school district shall be de- posited in the name of the city or school district by the city treasurer or treasurer of the school district, as soon as received by him, in such bank or banks as shall have been designated as city or school district depositories. Sec. 930. PENALTY FOR VIOLATION.— If any city or school district treasurer shall deposit any STATE OF NORTH DAKOTA 91 of the funds of his city or school district or loan the same in any manner except according to the provi- sio^js of this article, he shall 'be liable to a penalty of ^"^^ ^ five hundred dollars for each deposit or loan so made. Sec. 931. BANKS TO FURNISH MONTHLY STATEMENTS.— Each depository shall furnish to the city auditor or clerk of the school district on the first day of each month an itemized statement of the account of the city or school district with such deposi- tory, duly verified by the affidavit of the cashier of such bank, which statement shall be filed and carefully preserved in the office of the city auditor or school Banks must fur- clerk. All sums of interest accruinsf on the funds ?HL™'*°J^^^ 1. 1 statement deposited as aforesaid shall be credited to such de- posit account on the first day of each month for the preceding month, and a statement of such interest shall be rendered by such depository to the city auditor or school clerk on the first day of each month and the auditor or clerk shall charge the treasurer with the amount thereof and credit the sum to the general funds of the city or school district. Sec. 932. HOW CHECKS SHALL BE SIGNED. — All checks drawn upon the city or school district depositories shall be signed by the city or school dis- trict treasurer in the name of the city or school dis- trict, by himself as treasurer. Checks— how signed Sec. 933. WHEN BIDS NOT REQUIRED.— It is the duty of the officers mentioned in this article to comply with the provisions hereof; provided, that in cities or villages where only one bank is located, the city counsel or school board shall designate such When bids are •' . . ... , . , " , . not required bank or other bank withm this state the depository without advertising for bids, if such bank agrees to pay interest at the rate of at least two per cent per annum and furnishes a bond as hereinbefore provided for the safe keeping and repayment of any funds deposited in such bank. In cities or villages or coun- ties where there is no bank or where no bank offers to comply with the requirements of this act, the city Banks outside council or school board must designate some bank tJ^« district or banks outside of such city or village and within this state as such depositories, but [such] bank or banks must furnish a bond in the same manner as other depositories. Sec. 934. TREASURER NOT LIABLE FOR FUNDS DEPOSITED BY REASON OF BANK FAILURE. — When the funds of any city or school 92 GENERAL SCHOOL LAWS district are deposited by the city or school district treasurer as provided herein, such treasurer and his sureties shall be exempt from all liability thereon by reason of the loss of any funds from the failure, bank- ruptcy or any other act of such bank to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Treasurer, when exempt from liability Exceptions Violation mis- demeanor Special districts. What may be- come. Formed from other district. Division— how accomplished. ,Sec. 935. EXCEPTIONS TO LAW.— It shall not be incumbent upon the city council or school board to designate depositories as herein provided for until the amount in such city or school treasury equals or exceeds the sum of five hundred dollars. Sec. 936. VIOLATION CONSTITUTES MIS- DEMEANOR. — Any officer violating any of the pro- visions of this article shall be deemed guilty of a mis- demeanor. Article 19. — Special Districts. Sec. 937. (Amended.) CITIES GOVERNED BY THE PROVISIONS OF THIS ARTICLE.— All cities and incorporated towns and villages which have heretofore been organized under the general school laws, and w'hich are provided with a board of education, shall be governed by the provisions of this article. Any city or incorporated town or village, having a population of over one hundred and fifty inhabitants may be constituted a special school district in the manner hereinafter prescribed, and shall then be governed by the provisions of this article ; provided, that any city heretofore organized for school purposes under a special act, may adopt the provisions of this article by a majority vote of the voters therein, in the same manner as is provided for the organization of a new corporation under the provisions of this article. (See Sec. 952.) Sec. 938. SPECIAL SCHOOL DISTRICTS, CREATION OF. — Whenever any platted or incorpo- rated city, town or village having a population of over two hundred inhabitants shall constitute a portion of a school district, it may be organized into a special school district, alone or with contiguous territory, and the property and indebtedness of such organized school district divided as hereinafter provided. Sec. 939. SUPERINTENDENT SHALL CALL ELECTION ON PETITION. WHEN.— In such cases a petition signed by a majority of the voters of such school district, including women who are legal STATE OF NORTH DAKOTA 93 voters, as shown by the last election therein, may be presented to the county superintendent of schools for the division of such school district and the org-aniza- tion of such city, town or village together with such territory contiguous thereto as may be described in said petition into a special school district, and setting forth in detail the boundaries of such proposed special districts, the manner and terms of the division of the property, real and personal, and the indebtedness, bonded or otherwise, of such school districts as desired by the petitioners, and thereupon such superintendent shall within five days call an election to be held in such proposed special school district, incorporated city, town or village, and an election to be simultaneously held in that portion of such school district, situated outside of such proposed special school district, city, town or village. Sec. 940. ^NOTICE GIVEN. ELECTION, HOW HELD. — Such superintendent shall cause jiotice of Notice of the • ... ClGCtiOIl UV each of such elections to be given by publishing notice publication, thereof, stating the tim'e and place of holding such elections, in a newspaper published in such school dis- trict [if any, and if there is no newspa,per published in such school district], then by posting notices of gy posting, the election to be held in such proposed special school district, city, town or village in five public places in said district outside of such proposed special school district, city, town or village. Such notices shall be posted or published not less than ten days nor more than fifteen days before such an election. Such super- intenednt shall appoint judges and clerks of such elec- tions and the same shall be held and conducted in the Election offi- same manner, and the polls shall be opened and closed at the same time as in other school district elections, and the result of such elections shall be certified and delivered to such superintendent within three days after the close of the polls. Sec. 941. BALLOTS, HOW PRINTED.— There shall be printed on the ballots used at such elections the following statement : "For the division of (here state the name of the district to be divided) and the division of its property and debts as follows: (Here Ballots —form state the boundaries of the proposed special school dis- trict and the manner and terms of such division as set forth in the petition filed.)" The voter shall write after such statement the word "Yes" if in favor of such division, and the word "No" if against it. of. 94 GENERAL SCHOOL LAWS Se.c. 942. SUPERINTENDENT SHALL NOTI- FY PRESIDENT OF SCHOOL BOARD.— Such superintendent shall thereupon forthwith notify the president of the school board of such school district and the auditor or clerk of such city, town or village, of the result of such elections. Notice of re- sult to school board. District divid- ed—when. Election of of- ficers for new district. Division of property and debts. Division of bonded indebt- edness—and levy therefor. Sec. 943. DISTRICTS CONSTITUTED.— If such elections shall each be in favor of the division of such school district, such proposed special school district, city, town or village shall thereafter constitute a special school district, and such original school dis- trict situated outside of such special school district, city, town or village shall constitute a school district. Sec. 944. ELECTION OF OFFICERS FOR SPECIAL DISTRICT AND DISTRICT.— The county superintendent shall thereupon call an election for the election of officers of such special school dis- trict and school district, of which notice shall be given for at least fifteen days, which elections shall be held as in other cases, in school districts, and special school districts, and such special school district shall there- after be subject to all provisions of law affecting other school districts. Sec. 945. DIVISION OF PROPERTY.— Such school district and such special school district shall thereupon proceed to divide the property of such original school district according to such petition and shall be bound respectively to pay the indebtedness of such district as provided in such petition, and may make any contracts or conyevances necessary to carry into effect all the provisions of such petition. Sec. 946. BONDED INDEBTEDNESS. TAX TO BE LEVIED TO PAY.— In case such original school district shall have outstanding any bonded debt for the payment of which no sufficient levy of taxes has been made, the board of education of such special school district and the school board of such school district, shall at the time of making the next annual tax levy, levy a tax sufficient to pay the interest and also the principal of so much of such bonded debt as shall be assumed by such special school district and such school district respectively as the same mature and shall designate the amount of such tax to be collected in each year thereafter, and shall certify such levy to the county auditor who shall thereupon enter and extend upon the tax list in each year the amount of such tax to be collected in that year. STATE OF NORTH DAKOTA 95 Formation of special dis- tricts under present law. ter- ritory—how at- tached. Sec. 947. BONDED DEBT. SPECIAL SCHOOL DISTRICT AND SCHOOL DISTRICT TO PAY. — Such special school district and such school district same, shall provide for and pay according to the terms of the bonds, such portion of such bonded debt as is as- sumed by it. Sec. 948. FORMATION OF UNDER PRES- ENT LAW NOT PROHIBITED.-^Nothing in this act shall be construed to prevent or affect the forma- tion of special school districts in accordance with pro- visions of law now in force, or to require the equaliza- tion or adjustment of the property assets or indebted- ness of districts formed under the provisions of this act, otherwise than as herein provided. Sec. 949. (Amended.) ADJACENT TERRI- TORY, HOW ATTACHED FOR SCHOOL PUR- POSES. — When any city, town or village has been organized for school purposes and provided with a board of education under anv general law, or a special act, or under the provisions of this article, territory outside the limits thereof but adjacent thereto may be Adjacent attached to such city, town or village for school pur- poses by the board of education thereof, upon applica- tion in writing signed by a majority of the voters of such adjajcent territory; provided, that no territory shall be annexed which is at a greater distance than three miles from the central school in such soecial dis- trict, except upon petition signed by two-thirds of the school voters residing in the territory which is at a greater distance than three miles from the central school in such special district ; and, upon such applica- tion being made, if such board shall deem it proper and to the best interests of the school of stich corpo- ration and of the territory to be attached, an order shall be issued by such board attaching such adjacent territory to such corporation for school purposes, and the same shall be entered upon the records of the board. Such territory shall from the date of such order be and compose a part of such corporation for school purposes only. Such adjacent territory shall be attached for voting purposes to such corporation, or, if the election is held in wards, to the ward or wards or election 'precinct or precincts to which it lies adja- cent ; and the voters thereof shall vote only for school officers and upon such school questions ; provided, that nothing in this act shall prevent any such adjacent ter- ritory being annexed because of such adjacent terri- tory being in an adjoining county, and that the county 96 GENERAL SCHOOL LAWS commissioners shall detach anv part of such adjacent territory which is at a greater distance than three miles from the central school in such special district and attach to any adjacent school or special district or dis- tricts upon petition to do so, signed by three-fourths of the legal voters of such adjacent territory, and all assets and liabilities shall be equalized according to section 864. Sec. 950. NAME OF BODY CORPORATE.— Every such district shall be a body corporate for school purposes by the name of "The board of education of the city, town or village (as the case may be) of (here insert the corporate name of the city, town or village) of the state of North Dakota," and shall pos- sess all the powers and duties usual to corporations for public purposes or conferred upon it by this article or which may hereafter be conferred upon it by law ; and in such name it may sue and be sued, contract and be contracted with, and hold and convey such real and personal property as shall come into its possession by will or otherwise ; and it shall procure and keep a cor- porate seal by which its official acts may be attested. Name and powers of school corpora- tion. School proper- ty — how con- veyed. Organization of special school districts Sec. 951. CONVEYANCE OF SCHOOL PROP- ERTY, HOW EXECUTED.— Any such city or in- corporated town or village is authorized and required upon the request of the board of education, tO' con- vey to such board of education all property within the limits of any such corporation heretofore purchased by it for school purposes and now held and used for such purposes, the title to which is vested in any such civil corporation. All conveyances for such property shall be signed by the mayor or president of the board of trustees and attested by the clerk of such corpora- tion, and shall have the seal of the corporation affixed thereto and be acknowledged by the mayor or presi- dent in the same maner as other conveyances of real estate. Sec. 952. SPECIAL SCHOOL DISTRICTS, HOW ORGANIZED.— When a petition signed by one-third of the voters of a city, incorporated town or village or a school district, in which is located a city or incorporated town or village entitled to vote at such election, is presented to the council or trustees of such city, incorporated town or village or school district, asking that such city, incorporated town or village or school district be organized as a special school dis- trict, such council or board of trustees shall within ten STATE OF NORTH DAKOTA 97 days order an election for such purpose, notice of which shall be given, and the election conducted and the returns made in the manner provided by law for the annual school election ; and thv^ voters of such city, incorporated town or village or school district shall vote for or against organization as a special school dis- trict at such election. {See Sec. 937.) Sec. 953. ELECTION OF BOARD OF EDUCA- TION. — If a majority of the votes cast at such election is for organization as a special school district, anotner election shall be called in the same manner as is pre- scribed in the foregoing section, at which the voters of such city, incorporated town or village or school dis- trict shall elect five members of the board of educa- tion, two ■ of whom shall serve until the first annual election, two until the second annual election, and one until the third annual election thereafter, and until their successors are elected and qualified, and their respective terms shall be determined by lot. Board of edu- cation — elec- tion of. Sec. 954. TERMS OF OFFICE. QUORUM.— The board of education of each special district shall consist of five m.embers who shall be elected by the legal voters thereof and who shall hold their office for the term of three years and until their successors are elected and qualified, except as provided for first elections under this article, and three members shall constitute a quorum for the transaction of business at any legal meeting. Sec. 955. MEMBERS NOT TO BE INTER- ESTED IN SCHOOL CONTRACTS.— The mem- bers of such board shall receive no compensation, and shall not be interested, directly or indirectly, in any contract for making any improvements or repairs or for erecting any building or for furnishing any mate- rial or supplies for their district. Sec. 956. ANNUAL AND SPECIAL MEET- INGS OF BOARD.— The annual meeting of such board of education shall be held on the second Tuesdav in July following the annual election, at which time the newly elected members shall assume the duties of their office. Each board shall meet for the transac- tion of business as often as once in each calendar month thereafter and may adjourn for a shorter time. Special meetings may be called by the president or in his absence by any two members of the board by giving a personal notice to each member of the board Number— term of office — quorum. Board to re- ceive no com- pensation nor be interested in contracts. Meetings. Special meet- ings. School Laws — 7 98 GENERAL SCHOOL LAWS or by causing a written or printed notice to be left at his last place of residence at least, forty-eight hours before the time of such meeting. Sec. 957. ORGANIZATION OF BOARD.— At the annual meeting on the second Tuesday in July of each year such board of education shall organize by electing a president from among its members who shall serve for one year ; and they shall also elect a clerk, not one of their own number, who shall hold his office during the pleasure of the board and receive such com- pensation for his services as shall be fixed by the board. In the absence of the president at any meeting, a presi- dent pro tempore may be elected by the board. Sec. 958. DUTIES OF PRESIDENT.— The president shall preside at all meetings of the board, appoint all committees whose appointment is not other- wise provided for and sign all warrants ordered by the board to be drawn upon the treasurer for school moneys and perform other acts required bv law. Officers of board. Clerk. Duties of President. Duties of clerk Records. School board — powers and duties. Establish free schools. Maintain or discontinue same. High schools. Sec. 959. DUTIES OF CLERK. RECORDS.— The clerk shall keep a true record of all the proceed- ings of the board, take charge of its books and docu- ments, countersign all warrants for school moneys drawn upon the treasurer by order of the board and affix the corporate seal thereto and perform such other duties as the board may require. The records, books, vouchers and papers of the board shall be open to examination by any taxpayer of the district. Such record or a transcript thereof certified by the clerk and attested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth. Sec. 960. POWERS AND DUTIES OF BOARD. — Each board of education shall have power and it shall be its duty: 1. To establish a system of graded common schools which shall be free to all children of legal school age, residing within such special district, and shall be kept open not less than six nor more than ten months in any year. 2. To establish and maintain such schools in its city, town or village as it shall deem requisite or expe- dient and to change or discontinue the same. 3. To establish and maintain a high school, when- ever in its opinion the educational interests of the cor- poration demand the same, in which such courses of study shall be pursued as shall be prescribed or ap- STATE OF NORTH DAKOTA 99 School houses Build same. Property and fuel. Custodians oT property. proved by the superintendent of public instruction, together with such additional courses as such board of education may thereafter deem advisable to establish. 4. To purchase, sell, exchange and hire school 'houses and rooms, lots or sites for school houses, and to fence and otherwise improve them as it deems proper. {See Appendix C. — VI, 1, a-h.) 5. Upon such lots and upon such sites as may be owned by such special district to build, alter, enlarge, improve and repair school houses, outhouses and ap- purtenances as it may deem advisable. 6. To purchase, sell, exchange, improve and re- pair school apparatus, text books for the use of the pupils, furniture and appendages and to provide fuel for the schools. 7. To have the custody of all school property of every kind ,and to see that the ordinances and by-laws of the city or village in relation thereto are observed. 8. To contract with, employ and pay all teachers in such schools and to dismiss and remove for cause any teacher whenever the interests of the school may require it; but any such teacher shall be required to hold ,a certificate to teach, issued by the county super- intendent or the superintendent of public instruction, and if any such teacher holds only a county certificate the board may impose such further requirements as the best interests of the several grades may require. No person who is a relative of any member of the board shall be employed as teacher without the con- currence of the entire board. 9. To employ, should it deem expedient, a compe- tent and discreet person as superintendent of schools and to fix and pay a proper compensation therefor, and such superintendent may be required to act as principal or teacher in such school. 10. To defray the necessary and contingent ex- penses of the board, including the compensation of its clerk. 11. To adopt, alter and repeal, whenever it may deem expedient, rules and regulations for organizing, grading, government and instruction and the reception of pupils, their suspension and expulsion and their transfer from one school to another. But no pupil shall be suspended or expelled except for insubordina- tion, habitual indolence or disorderly conduct; such suspension shall not be for a longer period than ten days, nor such expulsion beyond the end of the current term of school. Teachers. Superintende"! Expenses of board. Grading and government. 100 GENERAL SCHOOL LAWS Visit schools. Make report. Publish same. Admit non- residents. School census. Moneys to be paid to treas- urer Supervision of schools. Taxable prop- erty. Levy not to ex- ceed 30 mills. 12. Each member shall visit, at least twice in each year, all the public schools in the city or village. 13. To make a report on July first, or as soon there- after as practicable, of the progress, prosperity and condition, financial as well as educational, of all the schools under its charge, a copy of which, together with such further information as shall be required by the superintendent of public instruction, shall be forwarded to the county superintendent, the same as reports are made by other school districts ; and such report or such portion thereof as the board of education shall consider advantageous to the pubhc, shall be published in a newspaper in the city or village, and in cities and vil- lages of over eight hundred inhabitants 'it may be pub- lished in pamphlet form. 14. To admit children of persons not living in such special district into the schools of such district, and to fix and collect the tuition therefor, if in its judgment the best interests of the school will permit. 15. To cause an enumeration of the children of school age within such special district, including those residing in any territory thereto attached for school purposes, to be made annually, as provided for other school districts, and return the same to the county superintendent. Sec. 961. TREASURER, CUSTODIAN OF SCHOOL MONEYS.— All moneys from whatever source, which the board of education of any special dis- trict shall by law be authorized to receive, shall be paid over to the treasurer of such board and he shall charge the same to the proper fund. Sec. 962. —SCHOOL UNDER SUPERVISION OF WHOM. — The schools of each special district shall be under the immediate supervision of the board of education or the school superintendent appointed by such board, subject to such general directions and supervision by the county superintendent as are pro- vided for in this chapter. Sec. 963. TAXABLE PROPERTY.— The tax- able property of the whole school corporation including the territory attached for school purposes shall be sub- ject to taxation. All taxes collected for the benefit of the school shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of education. Sec. 964. ANNUAL SCHOOL TAX.— The board of education shall on or before the twentieth day of July of each year levy a tax for the support of the STATE OF NORTH DAKOTA 101 schools oi the corporation, including any expenditures allowed by law, for the fiscal year next ensuing, not exceeding in any one year thirty mills on the dollar on all the real and personal property within the district which is taxable according to the laws of this state, the amount of which levy the clerk of the board shall certify to the county auditor, who is authorized and required to place the same on the tax roll of such county to be collected by the county treasurer as other taxes and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education. Sec. 965. EXPENDITURES. CONTRACTS.— No expenditures involving an amount greater than one hundred dollars shall be made except in accordance with the provisions of a written contract, and no con- tract involving an expenditure of more than five hun- dred dollars for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed proposals and to the lowest respon- sible bidder, after public notice for ten days previous to receiving such bids. Contracts- how let. For buildings or improve- ments. City or town treasurer ex- offlcio school treasurer. Duties of treasurer. Sec. 966 TREASURER.— The treasurer of any city, town or village comprising a special district shall be treasurer of the board of education thereof. Sec. 967. TREASURER, DUTIES OF.— The treasurer of each board of education shall keep a true account of the receipts and expenditures of the various funds separately, and shall prepare and submit in writ- ing a quarterly report of the state of the finances of the district, and shall, when required, produce at any meeting of such board of any commmittee appointed for the purpose of examining his accounts, all books and papers pertaining to his ofdce. He shall safely keep in his possession or under his control all school monevs coming into his hands, and shall pay out such moneys only upon a warrant signed by the president, Pay money on- countersigned by the clerk and attested by the corpo- warrant.^''°"^ rate seal of the board. Sec. 968. TREASURER'S BOND.— The treasurer of the board shall execute a bond to such board, with sufficient sureties to be approved by the board, in such sum and as such board may from time to time require. Bond of treas- as near as can be ascertained in double the amount of "r®'"- the moneys likely to come into his hands, conditioned i02 GENERAL SCHOOL LAWS for ithe faithful discharge of his duties as treasurer; which bond shall be in addition to his bond to the city,- town or village. In case of the failure of the city, town or village treasurer to give such bond within ten days after being required so to do by such board of educa- tion, such treasurer's office shall become vacant and the council or (board of trustees of such city, town or vil- lage shall appoint another person in his place, who shall give such additional bonds. {See Appendix D. — Note U.) "Vacancy on failure to give. Board assumes control — when. Special dis- trict part of general district — wlien. How. Sec. 969. BOARD ASSUMES CONTROL AFTER EQUALIZATION OF DEBTS AND PROPERTY. — When any board of education shall be organized under the provisions of this article, it shall, after the equalization hereinafter provided for, assume control of the schools of the city,, town or village, and shall be entitled to the possession of all property of the former district or districts or parts thereof lying with- in such city, town or village, for the use of schools. Such board shall also be entitled to its due proportion of all moneys on hand and taxes already levied but not collected, and shall be liable for a proper amount of the dehts and liabilities of such former district, to be determined in the manner provided in this chapter for the equalization, determination and division of debts, property and assets of school districts consoli- dated or divided. Sec. 970. SPECIAL DISTRICT MAY BECOME PART OF GENERAL DISTRICT, WHEN.— Any special district organized under the general school laws and provided with a board of education may become a part of the school district in which it is located, when- ever it is so decided by a majority vote of the school electors of the city, town or village and of such school district voting at an election called for that purpose. An election for such purpose shall be ordered and proper notice thereof given by the board of education and the school board of such district in the same man- ner as is required for the election of school officers in such district, when petitioned by one-third of the voters resident in such district, and when so united the de- termination and division of the debts, property and assets shall be made by arbitration as provided in this chapter for school districts consolidated or divided. Villages not incorporated but heretofore organized under the general school laws and provided with a board of education shall become a part of the school STATE OF NORTH DAKOTA 103 district in which they are located and the determina- tion and division of the property, debts and assets shall be made by arbitration as aforesaid. Sec. 971. ELECTION OF BOARDS OF 'EDU- CATION IN SPECIAL DISTRICTS.— On the third Election of Tuesday in June each year an election shall be held ^oard of edu- in each special district at which such members of the board of education shall be elected at large as shall be necessary to fill all vacancies therein caused by ex- piration of terms of office or otherwise, and each mem- ber elected shall serve for a term of three years, com- mencing on the second Tuesday in July following his election and until his successor is elected and qualified except when elected to serve an unexpired term. The polls shall be open at 9 o'clock A. M. and kept open until 4 o'clock P. M. on the day of such election. cation. Term. Polls open. Sec. 972. NOTICE OF ELECTION, CON- TENTS OF. — Such election shall be called by the board of education of such special district, which shall cause notice thereof to be posted or published as re- quired by law for the annual election of civil officers in the city, town or village comprising such special Notice. district ; such notice shall be signed by the clerk, or, in his absence, by the president of the board of education of such district, and shall state the time and place of holding such election and what officers are to be elected and their terms. Sec. 973. NOTICE OF ELECTION, FORM OF. — Such notice shall be in suibstantially the following form : Notice is hereby given, that on Tuesday the day of June, A. D , an annual election will be held at (here insert polling place) for the purpose of electing the following members of the board of education (here insert terms ^°^^ °*- for which they are to be elected), for the city, town or villasfe. (here insert name) and the polls will be open at nine o'clock A. M. and closed at four o'clock P. M. of that day. By order of the board of education. Signed , Clerk. Sec. 974. ELECTION PRECINCTS AND OF- FICERS OF ELECTION.— At least fifteen days prior to such election the board of education of each special Election pte- district shall designate one polling place and appoint cers!^ ^^^ °^ two persons to act as judges and two persons to act 104 GENERAL SCHOOL LAWS as clerks. Before opening the polls each of such judges and clerks shall take an oath that he will per- form l;is duties as judge or clerk (as the case may be) according to law and to the best of his ability, which oath may be administered by any officer authorized to administer oaths or by either of said judges or clerks to the others. Oath. Canvass. Certificates of election— clerk shall give. Vacancies Official oath. Bonds Issued when taxes are Insufficient — how. Sec. 975. CANVASS OF RETURNS.— Such elec- tion shall be conducted and the votes canvassed in the manner provided by law for elections of county offi- cers, and returns shall be made showing the number if votes cast for each person for any office, which shall be signed by the judges and clerks of election, and the person receiving the highest number of votes for each office in the district shall be declared elected, and the returns shall be filed with the clerk of the board of education within two da3''S thereafter. Sec. 976. CERTIFICATES OF ELECTION.— The clerk of the board shall give to each person elected at such election a certificate stating that he was duly elected as a member of the board of education and the time he is to take the oath and enter upon the duties of his office. Such clerk shall also certifv as soon as possible to the county superintendent of schools the persons so elected and their terms. Sec. 977. VACANCIES, HOW FILLED.— The board of education of each city, town and village shall have power to appoint a person to fill any vacancy which may occur in the board ; and such appointee shall hold his office until the next annual school elec- tion, at which time a person shall be elected to serve for the unexpired term ; but if such vacancy shall occur within ten days before an annual election, such appointee shall hold office until the annual election in the following year. When any such appointment shall be made the clerk shall certify the same to the county superintendent. {See Appendix D.- — Note 5.) Sec. 978. OATH OF OFFICE.— Before entering upon the duties of his office each person elected or appointed as a member of the board of education, shall take the oath or affirmation prescribed in section 211 of the constitution, which oath shall be filed with the clerk of the board. {See Appendix D. — Note 32.) Sec. 979. BONDS, HOW AND WHEN IS- SUED. — Whenever the taxes authorized by law shall not be sufficient or shall be deemed by the board of education to be burdensome, bonds may be issued and STATE 0.F NORTH DAKOTA 105 negotiated for the purpose of raising money to pur- chase a site or to erect suitable buildings thereon, or to fund any outstanding indebtedness, or for the pur- pose of taking up any outstanding bonds of the school corporation ; provided, that the issuance of such bonds shall first be authorized by the voters of such special district as hereinafter prescribed. Such bonds shall be signed by the president and clerk and attested by the corporate seal of the board, shall bear the date of their issue, and be payable in not less than five nor more than twenty years from their date, at such place as shall be designated upon their face. The denomi- nations of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, and shall bear interest at not more than seven per cent per annum, payable semi-annually on the first day of January and July in each year, shall show upon their face that they are issued for school purposes, and shall be sold at not less than par. Each bond shall have endorsed thereon the certificate of the clerk of the board stating that such bond is issued pursuant to law and is within the debt limit prescribed by the constitution. {See Appendix B.) - . Sec. 980. ELECTION. FOR ISSUING BONDS. — Before issuing any such bonds the board of educa- tion shall call an election for the purpose of submitting to the voters of the district the question of issuing such bonds, notice of which shall be given in the manner prescribed by law for giving notice of the annual elec- tion for the several officers of the city, town or village comprising such special district, except that such notice shall be given twenty days before such election. Such election shall be conducted and the returns made in the manner provided for the annual election of members of the board of education and may be held at tlie time of the annual school flection or at any other tim.e named in such notice. The notice of such election shall clearly state the amount of the bonds proposed to be issued, the time in which they shall 'be made payable, the pur- pose for which they are to be issued, and the time and place such election will be held. At such election the voters shall have written or printed on their ballots "for issuing bonds" or "against issuing bonds," and if a majority of the votes cast is for issuing bonds such bonds shall be issued and negotiated by such board of education, but if a majority thereof is against issuing bonds such bonds shall not be issued, nor shall the question be again submitted for one year thereafter Election ter issuing bonds —how con- ducted. 106 GENERAL SCHOOL LAWS except for a- different amount and then only upon a written petition of a majority of the voters of the dis- trict. Sec.98L BONDS TO SPECIFY WHAT. DEBT LIMIT. — The bonds, the issuance of which is pro- vided for in the foregoing section, shall specify the rate of interest and the time when the principal and interest shall he paid ; and no district shall issue bonds in pursuance of this article in a sum greater than five per cent of its assessed valuation, including other debts. (See Sec. 912.) Bonds — what to specify. Limit. Interest and sinking fund — levy to pay. Investment of sinking fund. In U. S. bonds. Depository. Sec. 982. LEVY FOR INTEREST AND SINK- ING FUND. — The board of education at the time of its annual tax levy for the support of schools shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this article, and, also to create a sinking fund for the re- demption of such bonds, which it shall levy and collect in addition to the rate per cent authorized by the provi- sions aforesaid for school purposes, and such amount of funds when paid into the treasury shall be and remain a special fund for such purpose only, and shall not be appropriated in any other way except as herein- after provided. At or before the issuance of any bonds as herein provided the board shall by resolution provide for such annual levy to. pay the interest and to create such sinking fund, and such resolution shall remain in force until all such bonds and the interest thereon shall have been paid. {See Sec. pii.) Sec. 983. INVESTMENT OF SINKING FUNDS. SCHOOL DISTRICTS.— All moneys raised for the purpose of creating a sinking fund for the final redemp- tion of all bonds issued under article 17 of chapter 9 of the civil code if the state shall be invested annually by the board of education of any special school district in this state as follows, viz. : 1. In the bonds of this state or of the United States. 2. Special school district board may designate one or more national or state banks in the county where such special school district is situated as a depository for such sinking fund, and in such case the school board shall advertise for at least two weeks in some newspaper printed within the limits of said special school district, if there be one, if not, in the county where said school district is situated, for sealed pro- posals for the deposit of the sinking fund of such school STATE OF NORTH DAKOTA 107 Bond of. district, reserving the right to reject any and all bids, satisfying itself of the responsibility of all banks pro- posing to act as depositories. Before any bank shall be designated as such depository it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking funds, and shall submit to the board for its approval a bond payable to the special school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders of this state as sureties or some surety bond company qualified to do business in this state and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such (bank. The approval of such bond shall be endorsed thereon by the board and de- posited with the county auditor and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a depository for the sinking fund, and shall continue as such, until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the purchase of bonds as provided for in this act. When the sinking fund of any special school district is deposited by the treasurer of the board of educa- tion if said school district in the name of the school district in such depository such treasurer and his sure- ties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depository shall furnish to the clerk of the board of education of such special school district prior to the fifth day of July of each year, a verified statement of the school district account with such depository for the year ending June 30, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. {See Sec. 9U.) Treasurer exempt from liability. 3. The board of education of any special school district may buy and cancel the bonds of such district May buy and pay for the same with the moneys in the sinking ^°^^^- fund created to pay such bonds. 4. In first mortgages on farm lands in this state Mortgages, only in the following manner, to-wit : 108 GENERAL SCHOOL LAWS (a) That said first mortgages and. all of them, shall run for a period of time and not exceed ten 3'ears and that the funds so invested shall bear in- terest at a rate not less than six per cent per annum and such interest when paid shall be covered into and become a part of the said sinking fund. Not to exceed ten years. By whom and on what lands (b) First mortgage loans shall only be made upon cultivated lands within the state, and to persons who are actual residents thereof. And in no case on lands of which the appraised value is less than seven dollars and fifty cents per acre, and in sums not more than one thousand dollars to any one person, firm or corpora- tion. Such appraisement to 'be made by the school board of such special school district or by some com- petent person designated by them for the purpose. Paid after five years. Foreclosure. Interest cou- pons — pay- ment of. Bonds— how secured. Sec. 984. SATISFACTION AND FORE- CLOSURE OF MORTGAGES.— All or any of said mortgages may be satisfied at an)^ time after five years from the date when made on payment of the full amount due thereon, by an instrument in writing exe- cuted in the corporate name of the special school dis- trict which shall be the payee in all notes taken for loans as herein provided and the mortgagee m all mortgages taken. Such instrument to be executed and acknowledged in the same manner as is or may be provided for by law for the execution and acknowl- edgment of transfers of real estate by corporations. Such mortgages may be foreclosed by advertisements or an action in the name of the special school district in any court of competent jurisdiction as is now or may be provided by law. Sec. 985. INTEREST COUPONS.— Wlhen the interest coupons of the bonds hereinbefore authorized shall become due they shall be promptly paid, upon pre- sentation, by the treasurer, out of any moneys in his hands collected for that purpose, and he shall indorse in red ink upon the face of such coupons the word "paid" and the date of payment and sign the initials of his name. Sec. 986. SECURITY FOR PAYMENT OF BONDS. — The school fund and property of such school corporation and territory attached for such pur- poses is hereby pledged to the payment of the interest and principal of the bonds mentioned in this article as the same may become due. STATE OiF NORTH DAKOTA 109 Bond register —what to show. Refunding bonds. Description of Sec. 987. BOND REGISTER.— The clerk of the board of education shall register in a book provided for that purpose the bonds issued under this article, and all warrants issued by the board, which register shall show the riumber, date and amount of such bonds and to whom payable. Sec. 988. REFUNDING BONDS, ISSUANCE OF. — The board of education of any special or inde- pendent school district shall have power, whenever two-thirds of the members of such board shall deem it necessary and for the best interests of such school district, to issue bonds for the purpose of refunding any outstanding bonds when the same become due. Such bonds shall be issued in denominations of fifty dollars or some multiple of fifty, and shall not exceed in amount the face value of the bonds they are issued to replace, and shall not bear a higher rate of interest than seven per cent per annum, payable semi-annually on the first day of January and July of each year, nor run for. a longer period than twenty 3^ears. Sec. 989. BONDS MAY BE EXCHANGED.— Such refunding bonds may be exchanged at par for an equal amount of outstanding bonds or may be sold at not less than par value and the proceeds applied solely to the payment of the bonds to be refunded, except that any premium that may be received on the sale of such bonds shall be kept as a separate fund and used for the payment of the interest on such bonds. Sec. 990. ISSUE OF BONDS, HOW GOV- ERNED.^ — In the issuance of such refunding bonds the board of education shall be governed by the pro- visions of sections 981 to 986. Sec. 991. SURPLUS FUNDS, HOW TRANS- FERRED. — Any moneys remaining in the treasury of such school districts, appropriated or held for the purpose of paying such bonds so refunded, ma}^, at the discretion of the board of education at any time within six months after such refunded bonds have been taken up and canceled, be transferred to the building or contingent fund of such district. Exchange of bonds. Law govern- ing. Surplus funds —disposal of. Article 20. — Independent School Districts. Sec. 992. INDEPENDENT DISTRICTS, HOW ORGANIZED. — Any city heretofore organized for school purposes under a special law and provided with a board of education may become incorporated as an independent school district under the provisions of this article in the manner following: Whenever one- independent districts. 110 GENERAL SCHOOL LAWS eighth of the legal voters of such city voting at the preceding municipal election shall petition the mayor and council thereof to submit the question as to whether such city shall establish an independent school district under this article to a vote of the electors in such city it shall be the duty of such mayor and council to submit such question accordingly and to appoint a time and place or places at which such vote may be taken and to designate the persons who shall act as judges at such election, but such question shall not be submitted oftener than once in two years. How organ- ized. Election board. Election- notice of. Ballots- form of. Bounded by city limits. Board of education- how elected. Sec. 993. NOTICE OF ELECTION.— The mayor of such city shall cause at least twenty days' notice of such election to be given by publishing a notice thereof in one or more newspapers within such city, but if no newspaper is published therein, then hy post- ing at least five copies of such notice in each ward or voting precinct. Sec. 994. FORM OF BALLOTS. RETURNS. — The ballots to be used at such election shall be in the following form : "For establishing an independent school district" or "against establishing an independ- ent school district." The judges of such election shall make returns thereof to the city council whose duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such city. If a majority of the votes cast at such election shall be for establishing an independent school district, such independent school district shall thenceforth be deemed to be organized under this article and the board of education then in office shall thereupon exer- cise the powers conferred upon like officers in this article until their successors are elected and qualified. Sec. 995. BOUNDARIES OF INDEPENDENT DISTRICTS.— All that portion included within the corporate limits of any city, together with the additions that are now or may be hereafter attached to such city limits shall 'be constituted and established an independ- ent school district to be designated as the "Independ- ent School District of the City of " and a board of education is hereby established for the same. Sec. 996. MEMBERS OF BOARD, HOW ELECTED. QUORUM.— Such board shall consist of one member from each ward in the city, and when the city is divided into an even number of wards, then such city shall elect one member of such board at large. Such members shall hold their office for the STATE OF NORTH DAKOTA 111 term of two years and until their successors are elected and qualified. A majority of the members of such board shall constitute a quorum for the transaction of Quorum. business, but a smaller number may meet and adjourn. The electors in each ward in such city shall elect one member of such board, and the electors of such city shall elect one member of the board at large. The wards having even numbers shall hold their election in each even numbered year, and the wards having odd numbers shall hold their election in each odd numbered year. The member at large shall be elected biennially in the even numbered years ; provided, when such city is divided into three wards, such board shall consist of "Member at five members, one member from each ward and two i^rge. members to be chosen at large ; provided, also, that at the first election members from even numbered Wards shall be elected for a term of one year, and members from odd numbered wards for a term of two years ; when two members are to be chosen at large at such first election, one shall be elected for a term of one year and one for a term of two years. date of. Sec. 997. DATE OF ELECTION. CANVASS OF VOTES. — The election referred to in the fore- going sections shall be held on the third Monday in April of each year, at the usual polling place for Election- municipal elections in each ward. The mayor shall have authority and is hereby empowered to appoint two judges and one clerk for such election, who shall open the polls at the hour of eleven o'clock in the fore- noon and hold the same open until five o'clock in the afternoon of the same day. Such election shall be conducted in all respects and the polls closed and votes canvassed in the same manner as municipal elections, and the judges shall have the same power and author- ity in all respects as the judges of election for munici- pal officers, and after the votes are canvassed the judges shall make their returns to the city clerk or auditor, as the case may be, within twenty-four hours after the polls are closed, and the city council shall canvass such returns and declare the result within three days thereafter, which result shall be entered upon the records of the city, and it shall be the duty of the city clerk or auditor to issue certificates of elec- tion to the persons declared elected. The judges and clerks of election shall receive the same compensation for their services as at municipal elections for mayor and aldermen. Conduct of. 112 GENERAL SCHOOL LAWS Sec. 998. VACANCIES, HOW FILLED.— If any vacancy occurs in the board for any cause, the remaining members thereof shall fill such vacancy by appointment until the next annual election, and at such election a new member shall be elected to fill the unex- pired term. Vacancies- how filled. Board— how styled. Powers, Ofiicers. Annual meeting. Compensa/tlon — contracts. Care of prop- erty. Meetings. Sec. 999. STYLE AND POWERS OF BOARD. — The board so elected shall be a body corporate in relation to. all the powers and duties conferred upon it by this article, and shall be styled "The Board of Edu- cation of the Independent School District of the City of (here insert the name of the city)" and as such shall have the power to sue and be sued, contract and be contracted with, and shall possess all the powers usual and incident to such bodies corpo- rate, and such as shall be herein given, and shall procure and keep a corporate seal. At each annual meeting of the board the members thereof shall elect one of their number president of the board, and when he is absent a president pro tempore shall be appointed who shall preside during such absence. The mem- bers so elected shall each qualify by taking the pre- scribed oath of office within ten days after receiving their certificates of election, and shall assume the duties of the office at the annual meeting of the board held on the first Monday in May of each year. Sec. 1000. RESPONSIBILITY OF BOARD.— The members of the board shall receive no compensa- tion, nor be interested directly or indirectly in any contract for building or making any improvements or repairs provided by this chapter. THey shall have the care and custody of all public property in such district pertaining to school purposes and the general management and control of all school matters. Sec. 1001. MEETINGS OF BOARD.— The regu- lar meetings of the 'board shall be held on the first Tuesday of each month, and the board may hold special meetings upon notice. The regular meetings may be adjourned for any time shorter than one month. Special meetings may be called by the president, or in case of his absence or inability to act, by any three members of the board as often as necessary by giving a personal notice in writing to each member of the board or by causing such notice to be left at his place of residence at least forty-eight hours before the hour of such special meeting. STATE OF NORTH DAKOTA 113 Secretary — duties of. Sec. 1003. SECRETARY, DUTIES OF.— Such board shall appoint a secretary, who shall hold his office during the pleasure of the hoard and whose com- pensation shall be fixed by the board. The secretary shall keep a record of the proceedings of the board and perform such other duties as the board may prescribe. Such record, or a transcript thereof, certi- fied by the secretary and attested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth ; and such rec- ords, and all books, accounts, vouchers and papers of the board shall at all times be subject to_ inspection by the members of such board or any committee there- of, or by any taxpayer of the district. For the purpose of economy the board may, if deemed advisable, ap- point one of its own members secretary. The annual report of the secretary shall contain such items as may be required by the superintendent of public instruction. Sec. 1003. POWERS OF BOARD.— The board shall have power and it shall be its duty to levy and raise from time to time by tax such sums as may be determined by the board to be necessary and proper Taxes-pow- for any of the following purposes : ers of board 1. To purchase, exchange, lease or improve sites ^® *°" for school houses. 3. To build, purchase, lease, enlarge, alter, improve and repair school houses and their outhouses and appurtenances. 3. To purchase, exchange, improve and repair Purposes for school apparatus, books, furniture and appendages. ^ay^ be levied. 4. To procure fuel and defray the contingent ex- penses of the board, including the expenses of the secretary. 5. To pay teachers' wages after the apportionment of public moneys which may be by law appropriated and provided for that purpose. Sec. 1004. COLLECTION OF TAX.-^The tax to be levied and collected as aforesaid 'by virtue of this article shall be collected in the same manner as other county taxes ,and for that purpose the board of educa- tion shall have power to lev}'' and cause to be collected such taxes as are herein authorized, and shall cause the amount for each purpose to be certified by the secretary to the county auditor in time to be added to and put upon the annual tax list of the county. And it shall be the duty of the county auditor to calculate and extend upon the annual assessment roll and tax Taxes — how collected. School Laws — 8 114 GENERAL SCHOOL LAWS list the tax so levied by such board, and such tax shall be collected as other county taxes are collected. Sec. 1005. AMOUNT OF TAX LIMITED.— The amount raised for teachers' wages and contingent ex- penses shall be only such as together with the public moneys coming to such district from the state and county fund and other sources shall be sufficient to maintain efficient and proper schools in such district. The taxes for the purchasing, leasing or improving of sites, and the building, purchasing, leasing, enlarging, altering or repairing of school houses shall not exceed in any year twenty mills on the dollar of the assessed valuation of the taxable property of the district and the board of education is authorized and directed, when necessary, to borrow in anticipation, the amount of the taxes to be raised, levied and collected as aforesaid. Taxes— limi- tation. Bonds- authority to Issue. Bonds must show what. Sec. 1006. AUTHORITY TO ISSUE BONDS.— The board of education of such district is authorized and empowered, and it is its dutv whenever the board deems it necessary for the efficient organization and establishment of schools in such district, and when the taxes authorized by this article shall not be sufficient or shall be deemed by the board to be burdensome upon the taxpayers of the district, from time to time to issue bonds of the district in the denomination of fifty dol- lars or some muliple of fifty, payable at a time not to exceed twenty-five years after date and bearing in- terest at a rate not to exceed seven per cent per annum, payable semi-annually on the first day of January and July of each year; and to show upon their face that they are issued for the purpose of building or furnish- a school house or school houses, purchasing grounds on which to locate the same, or to fund any outstand- ing indebtedness, or for the purpose of taking up any outstanding bonds ; and the said board of education is authorized to cause the same to be sold at not less than par value, and the money realized therefrom deposited with the city treasurer to the credit of such board of education; and when any bonds shall be so negotiated it shall be the duty of the board to provide by tax for the payment of the principal and interest of such bonds ; provided, that at no time shall the aggregate amount of such bonds, including all other indebtedness, exceed fifty mills on the dollar of valu- ation of the taxable property of such district, to be determined bv the last city assessment. {See Sec. 910.) STATE OF NORTH DAKOTA 115 Sec. 1007. MONEYS PAID TO CITY TREAS- URER. — All moneys raised pursuant to the provisions of this article and all moneys which shall by law be appropriated to or provided for such district, shall be paid over to the city treasurer of the city, and the ■county treasurer shall from time to time, as he shall receive the county school funds, and at least once in each month, on the first Monday thereof, pay over to such city treasurer the proportion thereof belonging to such district ; and for that purpose the board shall have the power to cause all needful steps to be taken including census reports or other acts or things, to enable such board to receive the school money belong- ing to such district, as fully and completely as though such district formed one of the school districts of the county where the same may be situated. City treasurer — moneys to be paid to. Sec. 1008. BOND OF TREASURER.— The city treasurer of such city shall give a bond to such board of education in such sum as the board shall from time to time require, with two or more sureties to be ap- proved by the board, conditioned for the safe-keeping of the school funds, which shall be in addition to his other bond ; and such treasurer and the sureties upon such bond shall be accountable to the board for the moneys that come into his hands, and in case of failure of such treasurer to give such bond when required by the board, or within ten days thereafter, his office shall become vacant and the city council shall appoint another person in his place. Sec. 1009. SCHOOL FUNDS, HOW KEPT AND PAID OUT.— All moneys required to be raised by virtue of this article shall be paid in cash or in war- rants hereinafter provided, drawn on the school fund only, and such moneys and all moneys received by such district for the use of the common schools therein shall be deposited for safe-keeping with such city treas- urer to the credit of the board of education and shall by him be safelv kept separate and apart from anv other funds until drawn from the treasurv as herein provided. Such treasurer shall pay out the monevs authorized by this article only upon warrants drawn by the president, countersigned bv the secretary and at- tested by the seal of such board of education. Sec. 1010. GENERAL POWERS OF BOARD.— The board shall have power and it shall be its duty : (See Sec. 960.) Treasurer's bond. Vacancy on failure to give. Moneys- how paid out. General pow- ers of board: 116 GENERAL SCHOOL LAWS 1. To organize and establish such schools in the Over schools, district as it shall deem requisite and expedient, and to change and discontinue the same. 2. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses, and to fence and improve the same. (See Appendix C. — VI, 1, a, b. 3. To build, enlarge, alter, improve and repair school houses, outhouses and appurtenances as it may deem advisable upon lots and sites owned 'by the dis- trict. 4. To purchase, sell, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages and provide fuel for schools. 5. To have the custody and safe keeping of the school houses, outhouses, books, furniture and appur- tenances, and to see that the ordinances of the city council in relation thereto are observed. 6. To contract with and employ all teachers in such schools and remove them at pleasure. 7. To pay the wages of such teachers out of the money appropriated and provided by law for the sup- port of common schools in such district, so far as the same shall be sufficient, and the residue thereof from the money authorized to be raised by this article. 8. Te defray the necessary and contingent expenses of the board, including the compensation of the sec- retary. 9. To have in all respects the superintendence, supervision and management of the common schools of such district, and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, grading, gov- ernment and instruction, for the reception of pupils and their transfer from one school to another, for the suspension and expulsion of pupils subject to the same restrictions as are contained in subdivision 11 of sec- tion 960, and generally for their good order, prosperity and utility. 10. To prepare and report to the city counsel of the city such ordinances and regulations as may be necessary and proper for the protection, safe-keeping, care and preservation of school houses, lots, and sites and appurtenances and all the property belonging to the district connected with or appertaining to the schools within the cit-'^ limits, and to suggest proper penalties for the violation of such ordinances and regu- lations, and annually, on or before the first Monday in Houses and sites. Buildings. Books and ap- paratus. Care of prop- erty. Teachers. Teachers wages. Expenses. Rules and reg- ulations. Prepare ordin- ances. STATE OF NORTH DAKOTA 117 Certify tax levy. July, to determine and certify to the county auditor the rate of taxation in its opinion necessary and proper to be levied under the provisions of this article for the year commencing on the first day of July there- after, and also at any time to determine how many and what denomination of bonds shall be issued and sold to pay the extraordinary outlays required. Sec. 1011. VISITING SCHOOLS.— Each mem- ber of the board shall visit all the public schools in the district at least twice in each year of his official term, visitation and the board shall provide that each of the schools shall be visited by a committee of three or more of their number at least once during such term. Sec. 1Q12. NON,-RESIDENT PUPILS.— Such board of education shall have power to allow the chilren not resident in such district, to attend the schools of such district under the control and care of such board, upon terms as the board shall prescribe, fixing the tuition which shall be paid therefor. Non-resident pupils. Sec. 1013. EXPENDITURES NOT TO EX- CEED REVENUES.— It shall be the duty of the board in all its expenditures and contracts to have ref- erence to the amount of money which shall be subject tO' its order during the current year for the particular expenditures in question and not to exceed that amount. Sec. 1014. TITLE TO PROPERTY OF DIS- TRICT. — The title to all property belonging to any such independent school district shall be vested in such district for the use of the schools, and the same while used and appropriated for school purposes shall not be levied upon or sold by virtue of any warrant or execution or other process, nor be subject to any judgment or mechanic's lien or taxation for any pur- pose whatever ; and the district in its corporate capacity may take, hold and dispose of any real and personal property transferred to it by gift, grant, bequest or devise for the use of common schools for the district, whether the same is transferred in terms to such dis- trict by its proper name or to any person or body for the use of such schools. ■ Sec. 1015. REAL PROPERTY. TITLE, HOW CONVEYED. — Whenever any property is purchased by the board a conveyance thereof shall be taken in the name of such district ; and whenever any sale of such property is made by the board, a resolution in favor of such sale shall first be adopted and spread Expenditures —must be within rev- enues. Title to prop- erty—how vested. Not subject to lien. By gift and devise. Real estate — how conveyed. 118 GENERAL SCHOOL LAWS Treasurer- reports by. Contents of report. upon the records o£ the board, and the conveyance of such property shall be executed in the name of such district by the president of the board attested by the secretary under the seal thereof, and acknowledged bv such officers. Such president and secretary shall have authority to execute conveyances as aforesaid, with or . without convenants of warranty on behalf of the dis- trict. Sec. 1016. REPORT OF CITY TREASURER.— It shall be the duty of the city treasurer at least fifteen days before the annual election for members of such board and as often as called upon by the board, to prepare and report to such board a true and correct statement of the receipts and disbursements of moneys under and pursuant to the provisions , of this article, during the preceding year, which statement shall set forth under appropriate head : 1. The monev raised by the board under section 100-3. 2. The school moneys received from the countv treasurer. 3. The money received under section 1006. 4. All moneys received by the city treasurer, sub- ject to the order of the board, specifying the sources from which it accrued. 5. The manner in which all money has been ex- pended, specifying the amount under each head of expenditures and the bo'a,rd shall at least one week before such election, cause such statement to be pub- lished in all the newspapers of the city which will pub- lish the same gratuitously. Sec. 1017. CITY COUNCIL TO PASS CER- TAIN ORDINANCES.— The city council shall have the power and it shall be its duty to pass such ordi- nances and regulations as the board of education may recommend as necessary for the protection, preserva- tion, safe-keeping and care of the school houses, lots, sites, appurtenances, libraries and all necessary prop- erty belonging to or connected with the schools of the city, and to provide proper penalties for the violation thereof ; and all penalties shall be collected in the same manner that the penalties for violation of city ordi- nances are collected, and when collected shall be paid to the city treasurer, and placed to the credit of the board of education, and shall be subject to its order as herein provided. Sec. 1018. FORFEIT FOR REFUSAL TO SERVE AS MEMBER OF BOARD.— It shall be Ordinances— eity council to pass. Penalties. Notice to member-elect of board. STATE OF NORTH DAKOTA 119 the duty of the clerk of such board immediately after the election of any person as a member thereof, per- sonally or in writing, to notify him of his election, and if any person shall not within ten days after receiving such notice of election, take and subscribe the oath as herein provided and file the same with the city auditor, the board may consider it as a refusal to serve, and fill the vacancy thus occasioned, and the person so refusing shall forfeit and pay to the city treasurer for the benefit of the schools of such district a penalty of fifty dollars, which may be recovered in the name of such city, by a civil action. Penalty for re- fusal to act. Sec. 1019. NEW DISTRICT TO ASSUME DEBTS OF OLD.— School districts created under the provisions of this article shall assume all obligations and liabilities incurred by the districts out of which they are formed, if old districts are not divided, and a proportionate part, if divided. Article 21. — Boards of Education in Certain Cities. Sec. 1020. BOARDS TO BE ELECTED AT LARGE. — In each city not organized under the gen- eral law there shall be a board of education consist- ing of seven members having the qualifications of electors who shall be elected at large by the electors of such citv qualified to vote at school elections ; and, except as may be otherwise provided herein for the first election, two members of such board shall be elected annually and three triennially at a special elec- tion to be held on the Tuesday after the first Mon- day in June ; provided, that the provisions of this article shall not apply to cities existing under a special act and which are now conducting their schools under the general school laws. Sec. 1021. TERM OF OFFICE.— The term of office of a member of the board of education, except as in this article otherwise provided, shall be three years and until his successor is elected and qualified. Sec. 1022. ELECTIONS, HOW CONDUCTED. — All- elections under the provisions of this article shall be called, conducted and the votes canvassed and returned in the manner provided by law for general city elections. Sec. 1023. RELATIVES NOT ELIGIBLE AS TEACHERS. — No son, wife or daughter of any member of the school board shall be eligible to a posi- Old debts to be assumed by district. Board elected at large — when Office— term of Elections — conduct of. Relatives Ineli- gible as teach- ers. 120 GENERAL SCHOOL LAWS tion as a teacher in schools of the district which such member represents except upon the consent of all the members of such board. Sec. 1024. INDEPENDENT SCHOOL ORGAN- IZATIONS UNDER SPECIAL LAWS ABOL- ISHED. — Any independent district organized for school purposes under a special law, which does not include or is not included in any city or incorporated town or village organized for municipal purposes, shall become a part of the school district in which it is located by the repeal of the special law organizing or governing such independent district. Any inde- pendent district organized for school purposes under Districts under a special law or under any other law than is contained special law [^ ^-^g chapter, which includes or is included in any city or incorporated town or village organized for municipal purposes, shall become a special district by the repeal of the special law organizing or governing such independent school district. Any school district or special district so constituted or constituted in part shall be governed by the provisions of this chapter ; provided, that nothing herein shall prevent any such independent district from coming under the operation of this chapter in the manner therein provided. Sec. 1025. OLD SCHOOL OFFICERS HOLD OVER. — The board of education or other governing board of such independent district shall continue to exercise the powers and duties devolving upon it under the provisions of such special or other law gov- erning such independent district, the same as though such law had not been repealed, until the second Tues- day in July following the repeal of such special or other law ; provided, that all that portion of the general school laws which provides for an annual school elec- tion shall apply to such independent district and shall be in full force and efifect for the purpose of electing school officers at such annual school election ; and such officers shall be elected in and for the whole school dis- trict, including the independent district or portion of such independent district located therein, or in and for the special district, the same as though no law had ever existed providing for the organization of such inde- pendent district; provided, further, that in a special district formed and created as herein provided, a full board of education shall be elected as provided by law for first elections, but in school districts formed and created as herein provided by the addition of such in- Offlcers of old district hold over. STATE OF NORTH DAKOTA 121 dependent district or portion thereof, there shall be elected only such officers as are required to fill the regular vacancies in the school offices of such school district heretofore organized. Sec. 1026. DEBTS AND ASSETS DETER- MINED BY ARBITRATION.— When the bound- aries of such school district shall have been arranged as contemplated in this article, the determination and divi- sion or consolidation of all debts, property and assets of the several portions of such district or districts so consolidated shall be made by arbitration as provided by law. {See Sec. 864-) Equalization of debts and assets. Free text books. Article 33. — Free Text 5ooks. Sec. 1037. POWER OF BOARD OF EDUCA- TION. — The board of trustees or board of education of each and every school district in the state of North Dakota is hereby authorized and empowered to select adopt and contract for all books and supplies needful for the school or schools under its charge ; and the said board of trustees or board of education shall have power to purchase the text books and supplies selected or contracted for,, and provide for the loan free of charge or sale at cost of such text books and supplies to the pupils in attendance at such school or schools ; provided, that no adoption or contract shall be for a period of less than three years nor more than five years ; during which time the text books so selected adopted and contracted for shall not be changed ; pro- vided, further, that before any publisher or publishers shall enter or attempt to enter into any contract for the sale of text books, as hereinbefore provided, they shall file with the superintendent of public instruction of the state of North Dakota a list of their books and the lowest prices at or for which they will sell any or all of such books to any board of trustees or board of education in the state of North Dakota ,and they, the And deposit said publishers, shall deposit with the superintendent whTr^^~ of public instruction a sample copy of each book so listed, which shall represent in style of binding, me- chanical execution, general make-up and matter the book or books they offer to sell to the board of trustees at or for the prices so listed and in no case shall prices be raised above said listed prices as filed. It shall be the duty of the superintendent of public instruction to furnish a certified copy of the list of books and prices filed in accordance with the provisions of this section No change within 3 years Publishers to file price lists. 122 GENERAL SCHOOL LAWS Free boobs— when pro- vided. United States flag to be dis- played—when. Failure— pen- alty for. Educational library. Appropriation. Number of members to the district clerk of each common school district in the state of North Dakota. Sec. 1028. FREE TEXT BOOKS PROVIDED, WHEN. — ^Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district or to provide for the children therein better school privileges, or whenever petitioned so to do by two-thirds of the voters in the district, the board shall provide free text books and supplies for all schools under its charge, in such manner as hereinbefore pro- vided. All books purchased in accordance with the provisions of this article shall be paid for out of the school funds of the respective districts, and it shall be the duty of the school districts and school boards to see that sufficient funds are raised and set aside for the purpose of this article. The clerk of each district shall also keep a record of all books furnished to the schools in the district. Article 23. — Purchase of Flags for School Dis- tricts. Sec. 1029. UNITED STATES FLAG TO BE DISPLAYED. — The school board of any city, town or district, is authorized and required to purchase at the expense of the city, town or district one or more flags of the United States, which shall be displayed in reasonable weather, upon the school houses or flag- staffs upon the school grounds during the school hours of each days session of school, and a failure to com- ply with the provisions of this article on the part of any board of education or district school board, shall be sufficient grounds for removal of members of such board from office. Article 24. — State Educational Library. Sec. 1030. APPROPRIATION FOR.— There is hereby appropriated out of any funds in the state treasury the sum of three hundred dollars annually, to be paid by warrant of the state auditor on the treas- urer upon the presentation of an itemized bill in due form by the superintendent of public instruction, for the purchase of reference or pedagogical books for the state educational library in the office of such superin- tendent. Chapter 243, Session Laws of 1907. Sec. 1. STATE PUBLIC LIBRARY COMMIS- SION. — There is hereby created a state public library commission consisting of three members. STATE OF NORTH DAKOTA 123 Sec. 2. MEMBERS, HOW CONSTITUTED.— The president of the North Dakota Kbrary association and the superintendent of pubhc instruction are hereby constituted ex-officio members of the said state pubHc Hbrary commission ; and the governor of the state shall appoint as soon as practicable after the passage and approval of this act, one suitable person within the state as a member of the said state public library com- mission, which appointment shall be confirmed by the senate. The commission shall elect its own officers from among its own members, and shall also have power to select a competent person as librarian, who Librarian shall have control and be in charge of the library work of the commission. Who are mem- bers. OflBcers. Sec. 3. TERM OF OFFICE.— The member ap- pointed by the governor shall be appointed for a term of two years from April 1, 1907, and until his successor is appointed and qualified. In case of ap- pointment to fill a vacancy caused by resignation, death or removal, the appointment shall be made for the un- expired term of the member whose death, resignation or removal caused the vacancy. • Sec. 4. COMPENSATION.— No member of said state library commission shall ever receive any salary or per diem or compensation of any kind for services as such commissioner. Members of the state library commission shall be allowed and paid necessary travel- ing expenses in attending meetings of the commission or in visiting or establishing libraries, and other inci" dental and necessary expenses connected with the work of the commission. Sec. 5. POWERS AND DUTIES OF COMMIS- SION. — The state library commission, on and after its creation and organization, shall take over and add to the educational reference library and the system of traveling libraries, and shall continue the same, and, as its funds permit, shall increase the number and use- fulness of the libraries. Any city, town, village, school district or community within the state of North Dakota may borrow books under the rules and regulations of the state library commission. The commission shall catalogue and otherwise prepare said books for cir- culation, and shall make rules and regulations accord- ing to which the business of the commission shall be done; and also such rules and regulations as shall insure the care, preservation and safe return of all books loaned. The state library commission shall Term of oflBce. Vacancy— how filled. Compensation, Powers and duties. Books borrowed Eules. 124 GENERAL SCHOOL LAWS have power and it shall be its duty to establish a legis- lative reference bureau for the information and assist- ance of the members' of the legislative assembly in the work of legislation. The legislation of other states and information upon legal and economic questions shall be classified and catalogued in such a way as to render the same easy of access to members, thereby enabling them better to prepare for their work. It shall ht the duty of the librarian of the state library commission to assist in every way possible the members of the legislative assembly in obtaining information and the preparation of bills. To be cata- logued. Information for legislators. To assist in or- ganizing librar- ies. To keep rec- ords. Eeport. Office— where. Appropriation. Sec. 6. COMMISSION MAY ASSIST FREE PUBLIC LIBRARIES.— The librarian or trustees of any free public library or the trustees of any village, town or community, entitled to borrow books from said traveling libraries, may, without charge, ask and receive advice and instruction from said state library commission upon any matter pertaining to the organiz- ation, maintenance or administration of the libraries, and the said commission shall, as far as possible, pro- mote and assist by counsel and encouragement the formation of libraries where none exist, and the com- mission may also send its members to aid in organizing new libraries or improving those already established. Sec. 7. REPORT. — The state library commission shall keep statistics of the free public libraries of North Dakota and a record of the work done and books loaned by said commission, and shall make a full report to each general session of the legislature of all expenditures by the commission, and of such statistics and records as shall show the work done by the com- mission, the use made of the traveling libraries, and all other matters which they deem expedient for the information of the legislature, and the printing of which, and all other printing coming within the pur- view of the library commission, shall be paid for by the state. Sec. 8. PLACE OF MEETING OF COMMIS- SION. OFFICE ROOM OF LIBRARIAN, WHERE. — ^There shall be provided in the office of the superintendent of public instruction a place of meeting and also office room for the librarian of the state library commission. Sec. 9. FUNDS. — There is hereby appropriated for the use and purposes of the state library commission any unexpended balances in the funds appropriated STATE OF NORTH DAKOTA 125 Repeal. for the educational reference library and traveling libraries, and also an annual appropriation of fifteen hundred dollars Out of any monies in the state treasury not otherwise appropriated. Sec. 10. REPEAL. — All acts and parts of acts in conflict with the provisions of this act are hereby re- pealed, especially any acts or parts of acts carrying any appropriation for the so-called educational reference library and traveling libraries. Sec. 11. EMERGENCY.— Whereas, an emergency exists in that there is now no provision for a state library commission, this act shall take effect and be in force on and after its passage and approval. Article 25. — High School Board. Sec. 1031. HIGH SCHOOL BOARD.— The gov- ernor, superintendent of pubHc instruction and presi- dent of the state university are hereby constituted a board of commissioners on preparatory schools for the encouragement of higher education in the state. Said board shall be called the "High School Board," and shall perform the duties and have and exercise the powers hereinafter mentioned. Sec. 1032. SCHOOLS CLASSIFIED.— Any_ pub- lic graded school in any city or incorporated village or township, organized into a district, under the town- ship or district system, which shall give instruction according to the terms and provisions of this article and shall admit students of either sex from any part of the state without charge for tuition, shall be entitled to be classified as a state high school and to receive pecuniary aid as hereinafter specified; provided, how- ever, that no such school shall be required to admit non-resident pupils unless they pass an examination in orthography, reading in English, penmanship, arith- metic, grammar, modern geography and the history of the United States. Sec. 1033. REQUIREMENTS FOR CLASSIFI- CATION. — The said board shall require of the schools applying for such pecuniary aid as prerequisite to re- ceiving such aid, compliance with the following condi- tions, to-wit : 1. That there be regular and orderly courses of study, embracing all the branches prescribed by the said board for the first two years of the high school course. High school board— of whom com- posed. State high school — what is. Examination for admission Into. Conditions up- on which state aid is granted. Course of study. 126 GENERAL SCHOOL LAWS Visitation. State aid to approved schools. Amount of aid Appropriation. 2. That the said school receiving pecuniary aid un- der this article shall at all times permit the said board of commissioners, or any of them, to visit and examine the classes pursuing the said preparatory courses. Sec. 1034. (Amended.) . SCHOOLS VISITED ONCE EACH YEAR. WHAT SCHOOLS TO RECEIVE STATE AID. APPROPRIATION.— The high school board shall cause each school receiv- ing aid under this article to be visited, at least once each year, by a committee of one or more members, or by some person designated by the high school board, who shall carefully inspect the instruction and disci- pline of the preparatory classes and make a written report on the same immediately ; provided, that no money shall be paid in any case until after such report shall have been received and examined by the board and the work of the school approved by the board. The said board shall receive applications from such schools for aid as hereinafter provided, which applica- tions shall be received and acted upon in order of their reception. The said board shall apportion to each of said schools, which shall have fully complied with the provisions of this article, and whose application shall have been approved by the board, the following sums, to-wit : Eight hundred dollars each year to each school maintaining a four j^ears' high school course and doing four years' high school work. The sum of five hun- dred dollars each year to each school having a three years' high school course and doing three years' high school work. The sum of three hundred dollars each year to each school having a two years' high school course and doing two years' high school work; pro- vided, that the moneys so appropriated to any high school shall be used to increase the efficiency of the high school work ; provided, that not more than forty per cent of the money appropriated must be used in any one year for libraries, laboratories and other ap- paratus and equipment ; provided, further, that the total amount of apportionment and expenses under this article shall not exceed forty-five thousand dollars in one year. The sum of forty-five thousand dollars is hereby appropriated annually for the purposes of this article, to be paid out of anv moneys in the state treas- ury, not otherwise appropriated, which amount, or so much thereof as may be necessary, shall be paid upon the itemized vouchers of said board, duly certified and filed with the state auditor ; provided, however, that in case the amount appropriated and available under this STATE OF NORTH DAKOTA 127 article for the payment of aid to such schools shall in any year be insufficient to apportion each;of such 'schools as are entitled thereto the full amount intended to be apportioned to the high schools of the various classes, then, in such case such amount as is apportioned and available shall be apportioned pro rata among the schools entitled thereto. Sec. 1035. NO COMPENSATION. EXPENSES. — The members of the board shall serve without com- pensation, but the actual and necessary expenses of the board, any clerical officer of the board, or any ex- aminer shall be paid in the same manner as those of state officers ; provided, that the total expense, includ- ing the apportionment to the schools aforesaid shall not exceed forty-five thousand dollars in any one year. Sec. 1036. (Amended.) DISCRETIONARY POWERS. ASSISTANT EXAMINER.— The high school board shall have full discretionary power to consider and act upon applications of schools for state aid and to prescribe conditions upon which said aid shall be granted, and it shall be its duty to accept and aid such schools only as will, in its opinion, if aided, efficiently perform the service contemplated by law ; but in each county five schools complying with the pre- scribed conditions shall have a right to aid from this appropriation before aid may be granted to a sixth school in any county. Any school once accepted and continuing to comply with the law and regulations of the board made in pursuance thereof shall be aided not less than three years. The board shall have power to establish any necessary and suitable rules and regula- tions relating to examinations, reports, acceptance and classification of schools, courses of study and other proceedings under this article. Any assistant exam- iner appointed by the high school board as authorized by law shall be entitled to receive such compensation as the board may allow, not exceeding three dollars per day ; provided, that no such compensation shall be paid to any person receiving a salar}^ from the state or from any state institution. Sec. 1037. SHALL KEEP RECORD.— The said board shall keep a record of all the proceedings and shall make on or before the first day of December in each year, a report, covering the previous school vear, to the superintendent of public instruction, showing in detail all receipts and disbursements, the names and number of schools receiving aid, the number of pupils Funds pro rata if appro- priation insuf- ficient. Actual ex- penses only, to board. Appropriation limited. Discretion of board. Three schools. Rules and regulations. Assistant ex- aminer. No compensa- tion—to whom. Records and reports. 128 GENERAL SCHOOL LAWS attending the classes in each, to which report they may add such recommendations as they may deem useful and proper. Article 25. — Health and Decency in Public Schools. Sec. 1038. DUTY OF BOARDS OF EDUCA- TION. — It shall be the duty of all boards of education Water closets, and district school boards in this state to provide suit- able and convenient water closets or privies for each of the schools under their charge, at least two in num- ber, which shall be entirely separate each from the other, and having separate means of access ; and it shall be the duty of the school officers aforesaid to keep the same in a clean, chaste and wholesome con- dition ; and a failure to comply with the provisions of this article on the part of any board of education or district school board, shall be sufficient grounds for removal from office and for withholding from any district any part of the public moneys of the state. The expense incurred by the officers aforesaid in car- rying out the requirements of this article shall be a charge upon the district, when such expense shall have been approved by the county superintendent of schools of the county within which the school district is located and a tax may be levied therefor without a vote of the district. Sec. 1039. STABLES IN RURAL DISTRICTS. HITCHING POSTS.— If in any rural school district, a petition signed by the persons charged with the sup- port and having the custody and care of eight or more children of school age is presented to the school board asking for the building of a suitable stable upon the school site, the board shall provide such stable without unnecessary delay. It shall be the duty of the school board in rural districts to provide four substantial hitching posts for each school site in the district. Duties of school officers thereto. Expenses. Stables. Hitching posts. Minors not allowea in public places —penalty. Chapter 295. — Laws of 1907. Sec. 1. MINORS NOT ALLOWED IN CER- TAIN PUBLIC PLACES. PENALTY.— It shall be unlawful for any owner or keeper of any pool or billiard hall, or any bowling alley or any temperance saloon, or any place under any name whatever where the games of pool, billiards, bowling or cards are played, to allow any person under the age of eighteen years or any person attending a local high school to either play anv of the games mentioned or to be em- STATE OF NORTH DAKOTA 129 ployed in said places or be allowed to visit said places, unless by written consent of one or, both parents or guardians, or when accompanied by parent or guard- ian. Any person found guilty of violat-ng this sec- tion shall be punished by a fine of not less than five dollars or more than fifty dollars, or imprisonment in the county jail not to exceed thirty days, or both such fine and imprisonment. Municipal Refunding Bonds. {Chapter 54, Lazvs of 1905.) Section 3992. WHAT CORPORATION MAY IS- SUE. — Each incorporated town or village, school dis- trict or township in this state, that has heretofore issued, or shall hereafter issue bonds, purporting to have been issued for any purpose authorized by law, which bonds have been actually sold and delivered to School districts purchasers for value, so that the same constitute a bcfifds^^'^'^'^ valid and existing indebtedness, may at any time after maturity or before maturity, with the consent of the holder, and while said bonds are a valid and existing indebtedness against such town or village, school dis- trict or township, refund the same and issue and nego- tiate new bonds for the amount of such indebtedness or any part thereof. Sec. 2993. AUTHORITY FOR ISSUE.— The ne- cessity for issuing and negotiating bonds under the provisions of this act shall be determined as follows : In case of incorporated towns or villages, by the board of trustees. _ _ , Necessity de- In case of school districts, by the board of school terminedby .,. , - scriool board. directors. In case of townships, by the board of supervisors. Sec. 299-i. BONDS. HOW ISSUED.— When in the judgment of the board of any of the municipal cor- porations herein enumerated, it shall be deemed to be to the best interests of such municipal corporations to issue its negotiable bonds in the name of such corpo- School boards r 1 r r 1 • • i ™^y ISSUe. ration tor the purpose ot refunding or paying me out- standing bonded indebtedness of such corporation, as enumerated in section 2992, refunding bonds may be issued by resolutions duly and legally passed at a regular or special meeting of such board. Such bonds may be signed the same as the bonds refunded or by such officers of the municipal corporation issuing the same as may be designated in the resolutions pro- viding for their issuance. Such bonds shall be made School Laws— 9 130 GENERAL SCHOOL LAWS Proceeds used only for purpose for which issued. ■ Treasurer to keep register. payable in not less than five and not more than twenty years from the date of their issue, and shall not draw a higher rate of interest than the bonds re- funded. Such bonds shall be in such denominations as shall be designated in the resolutions authorizing their issuance, shall bear the date of their issue and date of maturity and shall recite on their face that they are issued under and by authority of this act, and shall be payable to the purchaser or bearer, and shall have interest coupons attached to each bond representing interest payment. Sec. 2995. BONDS MAY BE EXCHANGED OR SOLD. — Said bonds may be exchanged at par for an equal amount of the old bonds of said municipal cor- poration with the holder of said indebtedness, or may be sold by the board at not less than their par value and the proceeds applied solely to the payment of the indebtedness for which they are issued. Sec. 2996. BONDS TO BE REGISTERED BY THE TREASURER.— A record of each and every bond issue under this act shall be kept by the treas- urer of the municipal corporation issuing the same, showing the number of each bond, its date, amount, rate of interest, date due, where payable and to whom sold. Sinking fund. Issue limited. Negotiable. Sec. 2997. TAX TO BE LEVIED.— The resolu- tions authorizing the issuance of such bonds shall pro- vide for the levy and collection of an annual tax suffici- ent to pay the interest and principal of such bonds, as provided by section 184 of the constitution, and the fund arising from such tax levy shall be kept by the treasurer of such corporation in a special fund to be used solely for the payment of the interest and prin- cipal of such bonds. Sec. 2998. LIMIT OF ISSUE.— No more of such bonds shall be issued than are necessary for the pur- pose of paying the outstanding bonds of the municipal corporation issuing the same, as stated in section 2992, after applving the cash in the treasury available for the payment of the said maturing bonds, and no bonds issued under authority of this act shall be issued or negotiated for less than their par value. Sec. 2999. BONDS NEGOTIABLE, WHEN.— Bonds issued in substantial conformity with the pro- visions of this act, shall in the law be deemed nego- tiable. STATE OF NORTH DAKOTA 131 CHAPTER 10. EDUCATIONAL AND CHARITABLE INSTI- TUTIONS. Article 1. — University of North Dakota. Sec. 1040. UNIVERSITY, WHERE LOCATED. —The university of North Dakota as now established and located at the city of Grand Forks shall continue to be the university of the state. {Sec. 215, sub. 2.) Sec. 1041. BOARD OF TRUSTEES TO GOVERN. — The government of such university shall be vested in a board of trustees consisting of five members, of which the Hon. William Budge, for and during his good pleasure, as an honorary member with all rights and powers of a member of said board, shall be one of said board; the remaining members thereof to be appointed by the governor, by and with the advice and consent of the senate, and shall hold their offices for the term of four years commencing on the first Tuesday in April next succeeding their appoint- ment Sec. 1042. GOVERNOR TO NOMINATE. VACANCIES, HOW FILLED.— The governor shall nominate and, by and with the advice and consent of the senate, appoint during each regular session of the legislative assembly trustees of such university in the place of those whose terms shall thereafter first expire, and such trustees shall hold their office until their successors are appointed and qualified ; provided, that the governor shall fill any vacancy in such board by appointment to extend only until the first Tuesday in April succeeding the next regular session of the legislative assembly ; and provided further, that the governor shall during the next regular session nomi- nate and, by and with the advice and consent of the senate, appoint some person to fill such vacancy for the remainder of the term unexpired. Not more than two members of the board shall be appointed from the same county. Sec. 1043. POWERS AND DUTIES OF BOARD. — The board of trustees shall possess all the powers necessary to accom.plish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings and all other property of such university. The board shall elect a president and a secretary who shall perform such duties as may be University- established at Grand Forlis. Governed by board of trus- tees. Wm. Budge life member. Term. Trustees ap- pointed by Governor. Vacancies- how filled. Trustees from same county. Powers of board. 132 GENERAL SCHOOL LAWS Officers and records. Secretary to be superinten- dent of build- ings and grounds. Meetings. Quorum. Limitation meetings. Trustees faculty. elect Instruction to be non-sectar- ian and non- partisan. Removal of professors. Rules and regulations for manage- ment of prop- erty. prescribed by the by-laws of the board. The secre- tary shall keep a correct record of all transactions of the board, and the committees thereof, and in addition to performing the duties of secretary, he shall be the superintendent of the buildings and grounds of the university and discharge such other duties as may from time to time be prescribed by the board of trustees. (See Sec. 1046.) Sec. 1044. MEETINGS OF THE BOARD.— The time for the election of the president and secretary of such board and the duration of their respective terms of office, the time for holding the regular annual meet- ing, and such other meetings as may be required, and the manner of giving notice of the same shall be de- termined by the board. Four members shall consti- tute a quorum for the transaction of business, but a less number may adjourn from time to time. Sec. 1045. NUMBER OF MEETINGS LIM- ITED. — Such board shall_not hold more than twelve sessions in any year and such sessions shall not exceed twenty-four days in the aggregate; but the governor may in his discretion authorize additional sessions. Sec. 1046. GOVERNMENT OF UNIVERSITY. POWERS OF TRUSTEES.— The board of trustees shall adopt rules for the government of the university in all its branches; elect a president and the requisite number of professors, instructors, officers and em- ployes, fix the salaries and the term of office of each, and determine the moral and educational qualifications of applicants for admission to the various courses of instruction; but no instruction, either sectarian in religion or partisan in politics shall ever be allowed in any department of the university, and no sectarian or partisan test shall ever be allowed or exercised in the appointment of trustees, or in the election of professors, teachers or other officers of the university, or in the admission of students thereto or for any purpose what- ever. Such board shall have power to remove the president, or any professor, instructor or officer of the university w^hen in its judgment the interests of the university require it. The board may prescribe rules and regulations for the management of the library, cabinets, museum, laboratories and all other property of the university and of its several departments, and for the care and preservation thereof, with suitable penalties and forfeitures by way of damages for their STATE OF NORTH DAKOTA 133 violation, which may be sued for and collected in the name of the hoard before any court having jurisdiction. Sec. 1049. BOARD MAY EXPEND INCOME. — The board is authorized to expend such portion of the income of the university fund as it may deem expe- dient for the erection of suitable buildings and the pur- chase of apparatus, a library, cabinets and additions thereto ; and if deemed expedient, it may unite with the university as a branch thereof any college in the state, upon application of its board of trustees; and such college so received shall become a branch of the university, and be subject to visitation by the trustees. Sec. 1048. BOARD TO MAKE REPORT, WHEN. — At the close of each fiscal year the trustees through their president shall make a report in detail to the governor, exhibiting the progress, condition and wants of each of the colleges embraced in the uni- versity, the course of study in each, the number of professors and students the amount of receipts and disbursements, together with the nature, cost and re- sults of all important investigations and experiments and such other information as they may deem impor- tant, one copy of which shall be transmitted free by the governor to each college endowed under the provi- sions of the act of congress entitled "An act donating land to the several states and territories which provide colleges for the benefit of agriculture and mechanic arts," approved July 2, 1862, and also one copy to the secretary of the interior. {See Sec. 1068.) Sec. 1049. POWERS OF THE PRESIDENT AND FACULTY. — The president of the university shall be president of the several faculties and the exe- cutive head of the instructional force in all its depart- ments ; as such, he shall have authority, subject to the power of the board of trustees to give general direc- tions respecting the instruction and scientific investi- gation of the several colleges, and so long as the in- terests of the institution require it he shall be charged with the duties of one of the professorships. The im- mediate government of the several colleges shall be in- trusted to their respective faculties, but the trustees shall have the power to regulate the course of instruc- tion and prescribe the books or works to be used in the several courses, and also confer such degrees and grant such diplomas as are usual in universities, or as they shall deem appropriate, and to confer upon the faculty, by by-laws the power to suspend or expel students for misconduct or other causes prescribed in such by-laws. Erection of buildings. Purchase of apparatus. Unite other, colleges. Board to re- port to gover- nor — what and when. Distribution of reports. President of university- powers. Faculties- powers. 134 GENERAL SCHOOL LAWS Object of uni- versity. Departments : Arts. T.cTters. Normal. Mines. Military. Professional Departments Courses of instruction— What to em- brace. Sec. 1050. OBJECT AND DEPARTMENTS OF THE UNIVERSITY.— The object of the university shall be to provide the' means of acquiring a thorough knowledge of the various branches of learning con- nected with scientific, industrial and professional pur- suits, in the instruction and training of persons in the theory and art of teaching, and also instruction in the fudamental laws of this state and of the United States in regard to the rights and duties of citizens, and to this end it shall consist of the following branches or departments : 1. The college or department of arts. 2. The college or department of letters. 3. The teachers' college. 4. The school of mines, the object of which shall be to furnish facilities for the education of such per- sons as may desire to receive instructions in chemistry, metallurgy, mineralogy, geology, mining, milling and engineering. 5. The military department or school, the object of which shall be to instruct and train students in the manual of arms and such military maneuvers and tac- tics as are taught in military colleges. 6. Such professional or other colleges or depart- ments as now are or may from time to time be added thereto, or connected therewith, and the board of trustees is hereby authorized to establish such profes- sional and other colleges or departments as in its judg- ment may be deemed necessary and proper, but no money shall be expended by the board in establishing and organizing any of the additional colleges or depart- ments provided for in this section, until an appropri- ation therefor shall have first been mad^. Sec. 1051. COURSES OF INSTRUCTION.— The college or department of arts shall embrace courses of instruction in mathematical, physical and natural sciences, with their application to industrial arts such as agriculture, mechanics, engineering, min- ing, and metallurgy, manufactures, architecture and commerce and such branches included in the college of letters as shall be necessary properly to fit the pupils in the scientific and practical courses for their chosen pursuits, and in military tactics. In the normal de- partment the proper instruction and learning in the theory and art of teaching and in all the various branches and subjects needful to qualify for teaching in the common schools ; and as soon as the income of the university will allow, in such order as the wants STATE OF NORTH DAKOTA 135 of the public shall seem to require, the courses of sciences and their application to the practical arts shall be expanded into distinct colleges of the university, each with its own faculty and appropriate title. The college of letters shall be co-existent with the college of arts and shall embrace a liberal course of instruction in languages, literature and philosophy, together with such courses or parts of courses in the college of arts as the trustees shall prescribe. Sec. 1052. SCANDINAVIAN LANGUAGE TAUGHT.— It shall be the duty of the trustees to cause to be taught at said institution the Scandinavian language, and for that purpose shall employ as one of the teachers of such institution a professor learned in that language. Sec. 1053. PUPILS, WHO MAY BECOME.— The university shall be open to students of both sexes under such regulations and restrictions as the board of trustees may deem proper, and all able bodied male students of the university may receive instruction and discipline in military tactics, the requisite arms for which shall be furnished by the state. Sec. 1054. GRADUATES ENTITLED TO CER- TIFICATES TO TEACH.— After any person has graduated at the university, and after such graduation has successfuly taught a public school in this state for sixteen months, the superintendent of public instruc- tion shall have authority and it shall be his duty to cquntersign the diploma of such teacher if upon exam- ination he is satisfied that such person has a good moral character and is possessed of sufficient learning and ability to teach. Any person holding a diploma granted by the board of trustees of such university, certifying that the person holding the same has gradu- ated from such university, shall after his diploma has been countersigned by the superintendent of public in-> struction -as aforesaid, be deemed qualified to teach any of the public schools in the state, and such diploma shall be a certificate of such qualification until annulled by the superintendent of public instruction. Sec. 1055. TUITION EEES.— No student who shall have been a resident of the scate for one year next preceding his admission shall be required to pay any fees for tuition in the university, except in the law department and for extra studies. The trustees may prescribe rates of tuition for any pupil in the law de- Scandlnavlan language. Open to both sexes. Diploma to be Indorsed by state superin- tendent— when; effect of such in- dorsement. Revocation. Tuition— who to pay and for what. 136 GENERAL SCHOOL LAWS partment, or who is not a resident as aforesaid, and for teaching extra studies. Sec. 1056. COMPENSATION OF TRUSTEES. — The trustees shall be entitled to receive the sum of three dollars per day for each day employed in attend- ance upon sessions of the board and all traveling expenses necessarily incurred thereby. Upon the presentation of the proper vouchers containing an itemized statement of the number of days attendance and money actually expended as above specified, duly verified by the oath of the trustee and certified by the president and secretar}^ of the board, the state auditor shall audit such claim and draw his warrant upon the state treasurer for the amount allowed. Trustees — compensation of. Trustees to prescribe rules of government Examinations for admission. Normal stu- dents to file declaration of intention to teach. Salaries of teacliing force — trustees to fix and certify. Official publi- cations to be furnished. Sec. 1057. TRUSTEES TO MAKE RULES AND BY-LAWS.— The board of trustees shall make rules, regulations and by-laws for the government and management of the university and of each department thereof. It shall also prescribe rules, regulations and by-laws for the admission of students ; but each appli- cant for admission must undergo an examination to be prescribed by the board, and shall be rejected if it shall appear that he is not of good moral character. The board shall also require each applicant for admis- sion in the normal department, other than such as shall, prior to admission, sign and file with such board a declaration of intention to follow the business of teach- ing in the common schools of this state for at least one year, to pay such fees for tuition as the board may deem proper and reasonable. Sec. 1058. SALARIES.— The board of trustees shall from time to time fix the salary of the president, professors and teachers of such university, and shall certify the same to the state auditor. Such board shall also from time to time certify to the state auditor the amount due such persons for salary, and the state auditor shall draw his warrants upon the state treasurer for the amounts so certified. Sec. 1059. SECRETARY OF STATE TO FUR- NISH LAWS. — The secretary of state shall deliver to the university fifty copies of each volume of the general and special laws of the state, and the reports of the decisions of the supreme court, hereafter pub" lished, for use in the way of exchanges and otherwise in the establishment and maintenance of a law library for the law department of such university. STATE OF NORTH DAKOTA 137 Reports of supreme court. Loan of mus- kets, etc. Sec. 1060. SUPREME COURT REPORTS, HOW OBTAINED.— He shall procure for the pur- pose aforesaid from the publishers of the supreme courts reports fifty copies of each volume thereof here- after published, in addition to the number authorized for other purposes, to be paid for at the same price and in the same manner as such reports are delivered to the secretary for other purposes. Sec. 1061. LOAN OF MUSKETS AUTHOR- IZED. — The adjutant general or whoever may be in charge of the state arms shall, under the direction of the governor, loan to the board of trustees of such university one hundred muskets and accoutrements or as many as can be spared, not exceeding that number, the same to be used for drill purposes, by the students of such university. Sec. 1062. MUSKETS WHEN RETURNED.— In case such arms and accoutrements are needed by the state at any time, the governor or adjutant general under his instruction may call in the same and the trustees of such university shall immediately turn the same over to such officer in good condition. Sec. 1063. GEOLOGICAL SURVEY. DUTY OF TRUSTEES.— It shall be the duty of the board of trustees of the university to cause to be begun as soon as may be practicable, and to carry on a thor- ough geological and natural history survey of the state. Sec. 1064. EXTENT OF THE SURVEY.— The geological survey shall be carried on with a view to a complete account of the mineral kingdom, as repre- sented in the state, including the number, order, dip and magnitude of the several geological strata, their richness in ores, coals, clays, peats, salines and min- eral waters, marls, cements, building stones and other useful materials, the value of said substances for economical purposes, and their accessibility ; also an accurate chemical analysis of the various rocks, soils, ores, clays, peats, marls and other mineral substances of which a complete ^nd exact record shall be made. Sec. 1065. METEOROLOGICAL STATISTICS TABULATED.— The board of trustees shall also cause to be collected and tabulated such meterological statistics as may be needed to account for the varieties of climate in the various parts of the state ; also to cause to be ascertained by barometrical observations or other appropriate means, the relative elevations and depressions of the different parts of the state ; and also Same to be re- turned when needed by the state. Creoloi?!cal and namral history survey. Extent of such survey. Analysis of minerals. Weather re- ports. 138 GENERAL SCHOOL LAWS on or before the completion of such surveys to cause to be compiled from such actual surveys and measure- Official map . ments as may be necessary an accurate map of the state ; which map when approved by the governor> shall be the official map of the state. Museum to be maintained. Geological map Sec. 1066. SPECIMENS COLLECTED.— It shall be the duty of said board to cause proper specimens, skillfully prepared, secured and labeled of all rocks, soils, ores, coals, fossils, cements, building stones, plants, woods, skins and skeletons of animals, birds, insects and fishes, and other mineral, vegetable and animal substances and organisms discovered or exam- ined in the course of said surveys, to be preserved for public inspection free of cost, in the university of North Dakota, in rooms convenient of access and properly warmed, lighted, ventilated and furnished- and in the charge of a proper scientific curator; and they shall, also, whenever the same may be practicable, cause duplicates in reasonable numbers and quantities of the above named specimens, to be collected and preserved for the purpose of exchange with other state universi- ties and scientific institutions, of which latter the Smithsonian institution at Washington shall have the preference. Sec. 1067. MAP OF THE STATE.— The board shall cause a geological map of the state to be made as soon as may be practicable, upon which by colors and other appropriate means and devices the various geo- logical formations shall be represented. Annual report as to surveys. Governor's duty with ref- erence thereto. Sec. 1068. ANNUAL REPORT OF TRUSTEES. — It shall be the duty of the board, through its presi- dent, to make on or before the second Tuesday in December of each year, a report showing the progress of said surveys, accompanied by such maps, drawings and specifications as may be necessary and proper to exemplify the same to the governor, who shall lay the same before the legislative assembly, and the board upon the completion of any separate portion of any of the said surveys shall cause to be prepared a memoir or final report which shall embody in a convenient manner all useful and important information accumu- lated in the course of the investigation of the particular department or portion ; which report or memoir shall likewise be communicated through the governor to the legislative assembly. STATE OF NORTH DAKOTA 139 Sec. 1069. STATE GEOLOGIST.— The professor of geology in the university shall be ex-ofiicio state geologist. Sec. 1070. APPROPRIATION FOR EXPENSES. GEOLOGICAL SURVEY.— There is hereby appro- priated out of any funds in the state treasury, not otherwise appropriated, the sum of one thousand dol- lars annually, to meet the necessary expenses con- nected with the geological survey of the state, as pro- vided for in sections 1063 and 1064. Sec. 1071. ANNUAL APPROPRIATION FOR MAINTENANCE.— For the year 1899 and for each year thereafter, there is hereby appropriated out of any moneys in the state treasury, not otherwise appro- priated, the sum of two-fifths of a mill upon the dollar of the assessed valuation of the property assessment of the state of North Dakota, as fixed by the state board of equaHzation for the preceding year, the same to be paid monthly to the board of trustees of the university of North Dakota upon the voucher of said board, signed by its president. state geologist —who. Geological sur- vey—appro- priation for. Maintainance — appropriation — state univer- sity. Article 2. — Normal Schools. Sec. 1074. NORMAL SCHOOLS LOCATED.— The normal school as established and located at the city of Mayville in the county of Traill, and the normal school as established and located at the city of Valley City in the county of Barnes, shall continue to be the normal schools of the state. (See Const. Sec. 215 j sub. 4 and 7.) Sec. 1075. ENDOWMENT AND MAINTE- NANCE. — All proceeds accumulating in the interest and income fund arising from the sale or rental of the lands granted or hereafter to be granted by the state of North Dakota for such normal schools, are hereby pledged for the establishment and maintenance of such schools. Sec. 1076. MANAGEMENT OF.— The govern- ment and management of such schools are vested in a board of trustees to be known as the board of trustees of the state normal schools, and in a board of manage- ment for each school to be known as the board of man- agement of the normal school at Mayville, and iht board of management of the normal school at Valley City respectively. Normal schools— where located How main- tained. To be man- aged by trus- tees. 140 GENERAL SCHOOL LAWS Sec. 1077. BOARDS, HOW CONSTITUTED.— The board of management for each normal school shall consist of five members. The board of trustees of such normal school shall consist of twelve members, ten of whom shall be members of the respective boards of management as herein provided. The governor and superintendent of public instruction shall be ex-officio members of such board of trustees and the superin- tendent of pubic instruction shall act as president of such board. Boards— of how many- composed. Ex-officio members. Trustees ap- pointed by governor, for four years. Qualifications. Organization of board. Commissions. Secretary of board. Meetings— wtien and where. Compensation. 1078. TERMS OF TRUSTEES.— The governor shall by and with the advice and consent of the senate appoint during each biennial session of the legislative assembly, five members of such board of trustees who shall hold their office for four years commencing on the second Tuesday in April following such appointment. The governor shall fill all vacancies therein by appoint- ment for unexpired terms. At the first meeting of the board of management of each normal school the mem- bers thereof shall take and subscribe the oath of office required of all civil officers and shall proceed to elect a president of the board who shall reside in the vicin- ity of such normal school, and the president of the school shall be the secretary of the board, but shall have no vote. In the absence of the secretary the board may select one of its members to act as secretary. The majority of the members of the board of management shall constitute a quorum for the transaction of busi- ness. {See Appendix D. — Note 32.) Sec. 1079. COMMISSIONS. SECRETARY.— The governor shall cause to be issued to each of the members of the board of trustees a commission under the great seal of the state, and such commission shall designate the board of management upon which such members shall serve. A majority of the members of the board of trustees shall constitute a quorum for the transaction of business. Sec. 1080. MEETINGS. COMPENSATION. — The board of trustees shall meet at Valley City and at Mayville or at the seat of govern- ment at such time each year as may be decided upon by the board. The members of the board shall receive the sum of three dollars per day for each day employed in attendence upon sessions of the board of trustees, or the board of management, and their actual and nec- essary expenses in attending meetings of the respective boards, or in other duties connected therewith, which STATE OF NORTH DAKOTA 141 expenses shall be paid out of the state treasury upon the vouchers of the respective boards in the manner provided by law. The board of trustees shall not be in session for' exceeding eight days in any one year nor either board of management to exceed twelve days during each year. The secretary of the board of trustees shall receive such salary as shall be deter- mined by the board not exceeding one hundred dollars a year and his actual expenses incurred in attending meetings of the board, which shall be paid as herein provided for members of the board of trustees. Sec. 1081. TREASURER TO KEEP FUNDS.— All moneys arising from the interest and income de- rived from the rental and sale of the lands appropriated to such schools, and all moneys that may hereafter be appropriated by the state, including all moneys raised in any other manner for either of such schools shall be deposited with the state treasurer, to be by him kept in two separate funds, to be known as the fund of the state normal school at Mayville, and the fund of the state normal school at Valley City, respectively, and such funds shall be used exclusively for the benefit of such schools. Maximum time. Salary of secretary. State treasur- er to keep funds. Funds kept separate. Sec. 1082. OBJECTS OF NORMAL SCHOOLS. — The objects of such normal schools shall be to pre- ^ . pare teacners in the science of education and the art prepare teacK- of teaching in public schools. The board of trustees- ^^^" with the assistance of the respective faculties, shall adopt the full course of studv prescribed for that pur- pose, which shall embrace the academic and profes- sional studies usually taught in normal schools ; pro- vided, that such academic and professional studies Course of shall not extend more than two years beyond the ^ ^ ^^ course of study prescribed in a high school of the first class. Such schools shall in all things be free from sectarian control. Sec. 1083. DUTIES OF BOARD AS TO AP- PROPRIATIONS.— The board of management of each normal school shall direct the disposition of all board^a°s^to moneys appropriated by the legislative assembly for funds, current expenses of such school, and shall have super- vision and charge of the construction of all buildings authorized by law for such school, and shall direct the disposition of all moneys appropriated therefor or accumulating therefor as provided in this article. Thev Superinten- shall have power to appoint one of their members *^t*ruct°i^n*^°°" superintendent of construction of all buildings, who 142 GENERAL SCHOOL LAWS shall receive three dollars per day for each day actually and necessarily engaged in the discharge of his duties not to exceed fifty days in any one year, which sum shall be paid out of the state treasury as herein pro- vided ; but all expenditures incurred under the direction of either of the boards aforesaid shall be audited and allowed by such board of management and the ex- penditures incurred under the direction of the board of trustees aforesaid shall be audited and allowed by such board. Audit of ex- penses. Board of man- agement to fix salaries of employes. Propose names of teachers. Report to trustees. Salaries of In- structors fixed by trus- tees. Length of school term- how deter- mined. The faculty- its powers and duties. Sec. 1084. SALARIES OF EMPLOYES. RE- PORTS. — The board of management of each normal school shall have the care of the buildings belonging to such school. It shall have the power to fix the salaries of employes, except members of the faculty, and to prescribe their respective duties, and to remove any of such employes at any time. It shall at such times as may be determined upon propose to the board of trustees the names of persons as president of the school, teachers and instructors, with the recommenda- tion that such persons be employed by such board of trustees as the faculty of such school. It shall on or before the third Monday in November of each year make an annual report to the board of trustees, show- ing a statement of all expenditures of funds under its direction, the erection and care of buildings, the condi- tion of schools, and containing such recommendations as they may think proper. Sec. 1085. SALARIES OF -PRESIDENT AND TEACHERS.— The board of trustees shall fix the salaries of the president of the school, teachers and instructors, and shall employ the persons therefor that have been recommended by the respective boards of management, unless in the opinion of the board of trustees a reasonable ground exists for refusing to em- ploy such persons. The board of trustees shall pre- scribe the time and length of the various terms of such school. Sec. 1086. THE FACULTY, DUTIES OF.— The faculty shall consist of the president of the school, teachers and instructors employed for each school as herein provided. The faculty shall pass all needful rules and regulations for the government and discipline of the school, regulating the routine of labor and study, and the duty and exercises and such other rules and regulations as are necessary for the preservation of morals, decorum and health. They shall carry out STATE OF NORTH DAKOTA 143 the course of study adopted by the board of trustees and shall arrange for the classification of all pupils in conformity therewith. Sec. 1087. DUTY OF PRESIDENT.— The presi- dent of the school shall be the chief executive officer of the school and it shall be his duty to see that all the rules and regulations are executed. The in- structors and employes shall be under his direction and supervision. It shall also be the duty of the president of each school to request the secretary of state to fur- nish to each school ten copies of the revised codes of 1905, and ten copies of the session laws and supreme court reports hereafter published for library and ex- change purposes, and thereupon the secretary of state shall furnish the same. Principal Is executive offl- cer. Duty. Sec. 1088. ANNUAL REPORT OF FACULTY. — The faculty shall, on or before the third Monday in October in each year make an annual report to the board of trustees showing the general condition of the school and containing such recommendations as the welfare of the institution demands. Sec. 1089. BIENNIAL REPORTS TO GOV- ERNOR. — The board of trustees shall make a report to the governor on or before the fifteenth day of No- vember next preceding each biennial session of the leg- islative assembly, containing the several reports of the boards of management and faculties herein provided for, showing the condition of the funds appropriated for the school, the money expended and the purpose for which the same was expended, in detail, and show- ing the condition of the normal schools generally. Sec. 1090. DIPLOMAS.— The board oi trustees and the respective faculties of each school shall have power to issue diplomas to all persons who shall have completed the courses of study prescribed for the nor- mal schools as herein provided, and who shall have passed a satisfactory examination under the direction of the board of trustees, upon the branches contained in such courses and who shall be known to possess a good moral character, which diolomas shall set forth the above mentioned facts and shall be designated as the state normal school diplomas. Sec. 1091. STATE PROFESSIONAL CER- TIFICATE. — Any person who is the holder of such a diploma and who can furnish satisfactorv evidence to the superintendent of public instruction that he has had three years' successful experience as a teacher. Faculty to report to irustees rnnn- ally. Trustees to report to governor. Diplomas — who eucltled to. State profes- sional certifi- cate. 144 GENERAL SCHOOL LAWS ■shall be granted by the superintendent of public in- struction a state professional certificate, valid for life as provided by law, and any such person who can fur- nish satisfactory evidence of one year's successful ex- perience as a teacher shall be granted such certificate, valid for five years, as provided by law. The fees for such certificate shall be as provided bv law. Five-year cer- tificate. Article 3. — North Dakota Academy of Science. Academy of science — object. Sec. 1092. OBJECT OF ACADEMY OF SCI- ENCE. — The North Dakota academy of science here- tofore established at Wahpeton is hereby continued as such. The object of such academy shall be to furnish instruction in the pure and applied sciences, mathe- matics, languages, political science, and historv as is usually given in schools of technology below the junior year, the chief object being the training of skilled workmen in the most practical phases of applied science. A general science course may also be offered, consisting of three years' work above the high school course. Upon completion of either of the above courses the board of trustees may grant appropriate certificates of the work accomplished. Governed by trustees. Appointment of trustees. Meetings. OiBcers of board. Sec. 1093. HOW GOVERNED.— Such school shall be under the direction and management of a board of trustees and shall be erected, governed and main- tained as hereinafter provided. Sec. 1094. BOARD, HOW CONSTITUTED.— Such board of trustees shall consist of five members who shall be appointed by the governor, by and with the consent of the senate, and shall hold their office for a term of four years ; provided, that immediately upon the taking effect of this act the governor shall appoint three members of this board who shall hold office for four years and two members who shall hold office for two years, each member of said board to hold office until his successor is appointed and qualified; and the governor may fill -vacancies as in other cases. The members of such board shall meet at Wahpeton annu- ally on the first Tuesday in April and shall from among their number elect a president and secretary, and said board may provide for such other meetings at such times and places as may be deemed expedient ; provided, that the governor may designate the time of holding: the first meeting of said board. STATE OF NORTH DAKOTA 145 Sec. 1095. POWERS OF BOARD.— Such board shall have power to buy or procure the necessary ground and to erect and equip the necessary buildings for said school, to appoint a principal and assistants to take charge of such school and such other teachers and officers as may be required, and fix the salaries of each and prescribe their several duties. It shall also have power to remove, either principal, assistant or teacher and appoint others in their stead. The board shall prescribe the various books to be used in such school and shall make all the regulations and by-laws necessary for good government and maintenance of the same and shall have power to procure all necessary apparatus, instruments and appurtenances for instruc- tion in said school. Sec. 1096. RULES AND REGULATIONS.— The board shall prescribe such rules and regulations for the admission of pupils to said school as it shall deem necessary and proper and may in its discretion require applicants for admission into such school to pay such fees or tuition as the board may deem reason- able. Sec. 1097. COMPENSATION.— All necessary ex- penses incurred by members of the board of trustees and the sum of three dollars per diem for the time actually and necessarily employed in the discharge o^' the duties of their office shall be paid on the proper voucher out of the general funds of the state. Tl.e principal, assistants, teachers and other officers and employes in such school shall be paid out of the fund of the North Dakota Academy of Science. Sec. 1098. DUTIES OF STATE TREASURER. ■ — The state treasurer shall be the custodian of all funds belonging to such school, from whatever source re- ceived, and the same shall be deposited v/ith him and by him kept in a separate fund Avhich shall be known as the North Dakota academy of science fund, and shall be used exclusively for the benefit of such academy ; provided, however, that any sum or sums received by such board of trustees for tuition or fees, for scholar- ships in such school, may be kept and disbursed by the secretary of such board upon the order of the president thereof, for correct (current) expenses of such school. Sec. 1099. MAJORITY SHALL CONSTITUTE OUORUM. — A majoritv of the members of the board of trustees shall constitute a quorum, but a less number may adjourn from time to time. All proceedings of Powers. Over in- structors. Rules, regu- lations, etc. Admission of pupils. Compensation of trustees. Instructors — from what fund paid. State treasur- er custodian of all funds. Tuition fees, how used. Majority of board a quorum. School Laws— 10 146 GENERAL SCHOOL LAWS the board shall be recorded in a book kept for that pur- pose, which shall be open to inspection to any person on request ; and the secretary shall keep a strict account of all moneys received by him in such manner as may be prescribed by the board, and such accounts shall at all times be open to inspection by said board or any member thereof. Records open fori inspection. Agricultural college— loca- tion of. Trustees to manage. Trustees- number and appointment of Vacancies. Commission under great seal. How shall qualify. Organization and quorum. Article 4. — Agricultural College. Sec. 1100. LOCATION OF.— The agricultural college shall continue as now established and located at Fargo in the county of Cass. {Sec Const. Sec. 215, Sub. 3.) Sec. 1101. MANAGEMENT OF.— The govern- ment and management of such college is vested in a board of trustees to be known as the board of trustees of the agricultural college. Sec. 1102. BOARD OF TRUSTEES, HOW AP- POINTED. VACANCIES.— The board of trustees shall consist of seven members, to be appointed as fol- lows : During each biennial session of the legislative assembly there shall be nominatecl by the governor and, by and with the advice and consent of the senate, appointed for the term of four years, trustees to fill vacancies occurring by the expiration of the term of office of those previously appointed. The governor shall have pov^^er to fill all vacancies in such board which occur when the legislative assembly is not in session, and the members of such board shall hold their office until their successors are appointed and qualified as provided in this article. Persons appointed to fill vacancies shall hold office only until the first Tuesday in April succeeding the next session of the legislative assembly. Sec. 1103. COMMISSION. OATH. ORGANI- ZATION. — The governor shall cause to be issued to each trustee so appointed a commission under the great seal of the state. At the first meeting of such board the members thereof shall take and subscribe the oath of office required of other civil officers and shall then proceed to elect a president, secretary and treasurer, but the treasurer shall not be a member of the board. A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall require a bond of its treasurer in such an amount and with such sureties as it may deem proper. (See Appendix D.—Note 32.) STATE OF NORTH DAKOTA 147 Meetings — When. where — how many. Compensafiion. Duty of board as to funds. Sec. 1104. MEETINGS, WHERE HELD. COM- PENSATION OF TRUSTEES.— The board shall hold its meetings at the city of Fargo at such times as it may designate, but there shall not be to exceed six regular meetings each year ; provided, that the presi- dent of the board shall have power to call special meet- ings whenever in his judgment it becomes necessary. The members of the board shall receive as compensa- tion for their services the sum of three dollars per day for each day employed and five cents per mile for each mile actually and necessarily traveled in attending the meetings of the board, which sum shall be paid out of the state treasury upon vouchers of the board duly certified by the president and secretary thereof. Sec. 1105. DUTIES OF BOARD.— Such board shall direct the disposition of all moneys appropriated by the legislative assembly or by the congress of the United States, or that may be derived from the sale of lands donated by congress to the state for such college, or that may be donated to or come from any source to the state for said college, or experiment station for North Dakota, subject to all restrictions imposed upon such funds either by the constitution or laws of the state or by the terms of such grants from congress, and shall have supervision and charge of the construction of all buildings authorized by law for such college and station. The board shall have power to employ a presi- dent and necessary teachers, instructors and assistants to conduct such school and carry on the experiment station connected therewith and to appoint one of its members superintendent of construction of all build- ings, who shall receive three dollars per day for each day actually and necessarily engaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be, paid out of the state treasury upon the vouchers of said board. Employ in- structors. Superintendent of construc- tion. Sec. 1106. COURSE OF INSTRUCTION.— The object of such college shall be to afford practical in- struction in agriculture and the natural sciences con- nected therewith, and in the sciences which bear di- rectly upon all industrial arts and pursuits. The course of instruction shall embrace the English language and literature, mathematics, military tactics, civil engineer- ing, agricultural chemistry, animal and vegetable anat- omy, and physiology, the veterinary art, entomology, geology and such other natural sciences as may be pre- scribed, political, rural and household economy, horti- culture, moral philosophy, history, bookkeeping and Object and course of study 148 GENERAL SCHOOL LAWS especially the application of science and the mechanic arts to practical agriculture. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of trustees as in its judgment will best secure the objects for which the college was founded. Sec. 1107. BOARD OF TRUSTEES TO FIX SALARIES.— The board of trustees shall fix the sal- aries of the president, teachers, instructors and other employes and prescribe their respective duties. The board shall also fix the rate of wages to be allowed the students for labor on the farm and experiment station or in the shops or kitchen of the college. The board may remove the president or subordinate officers and supply all vacancies. Sec. 1108. FACULTY TO ADOPT RULES AND REGULATIONS.— The faculty shall consist of the president, teachers and instructors and shall pass all needful rules and regulations for the government and discipline of the college, regulating the routine of labor, study, meals and the duties and exercises, and all such rules and regulations as are necessary for the preser- vation of morals, decorum and health. Sec. 1190. DUTIES OF PRESIDENT.— The president shall be the chief executive officer of the col- lege and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employes not members of the faculty shall be under his direction and supervision. Sec. 1110. FACULTY TO MAKE ANNUAL REPORT TO BOARD.— The faculty shall make an annual report to the board of trustees on or before the first Monday in November of each year, showing the condition of the school, experiment station and farm and the results of farm experiments and containing such recommendations as the welfare of the institution demands. Sec. 1111. ANNUAL REPORT TO GOV- ERNOR. — The board of trustees shall on or before the fifteenth day of November in each year make a report to the governor setting forth in detail the operations of the experiment station, including a statement of the receipts and expenditures, a copy of which report shall be sent by the governor to the commissioner of agri- culture and to the secretary of the treasury of the United States, and the board shall also make report Full course four years. Salaries fixed by trustees. Removals and vacancies. Government and discipline, faculty to adopt rules for President ex- ecutive officer Duty to en- force rules. Faculty to re- port to trus- tees annually. Annual report ti> eovernor by trustees. Report to conj- missdoner of agriculture. STATE OF NORTH DAKOTA 149 Biennial report of trustees. L(> the .governor on or before the fifteenth day of November next preceding each biennial session of the legislative assembly, containing a financial statement rb owing the condition of all funds appropriated for the use of such college and experiment station, also the mioneys expended and the purposes for which the same were expended, in detail, also the condition of the insti- tution and the results of the experiments carried on there. Sec. 1112. DEGREES MAY BE CONFERRED. — The board and the faculty shall have power to con- fer degrees upon all persons who shall have completed the course of study prescribed by them, and who shall have passed a satisfactory examination in the branches contained in such course, and who possess a good moral character. Degrees, on whom may be conferred. Sec. 1113. ACCEPTANCE OF LAND GRANT. — The grants of land accruing to this state by virtue of an act of congress donating public lands for the u'^e and support of agricultural colleges approved Feb- ruary 32, 1889, is hereby accepted with all the condi- tions and provisions in said act contained, and said lands are hereb}^ set apart for the use and support of the colleges herein provided for. Sec. 1114. BOND OF TREASURER.— The treas- urer of such college shall give a bond in the sum of fifty thousand dollars with at least four sureties to be approved by the board of trustees of such college, con- ditioned for the faithful accounting of all moneys re- ceived by him as such treasurer. Article 6. — Agricultural and Geological Survey. Sec. 1121. AGRICULTURAL COLLEGE BOARD CO-OPERATE.— The board of trustees of the agri- cultural college of the state of North Dakota is hereby authorized to co-operate with the directors of the United States federal surveys and to accept the co- operation of the United States with this state in exe- cuting a topographic, economic and agricultural survey and map of North Dakota, which is hereby authorized to be made ; and the said board of trustees shall have the power to arrange with said directors, or other authorized representatives of the United States gov- ernment surveys, concerning the details of said work, the methods of its execution, and the order in part of time in which these surveys and maps of the dif- ferent parts of the state shall be completed ; provided, Land grant accepted. Treasurer's bond. Topographic map. 150 GENERAL SCHOOL LAWS that the said directorsof the United States government survey, thus co-operating with the state of North Dakota, shall agree to expend on the part of the United States upon said work a sum equal to that appropriated by the state of North Dakota for that purpose. Sec. 1123. MAPS UNIFORM WITH U. S. MAPS. — In arranging the details heretofore referred to, it is expected that the topographic maps resulting from this survey shall be similar in general design to the Fargo and Casselton sheets already made by the United States geological survey ; that they shall show the location of all roads, railroads, streams, lakes and rivers, and shall contain certain lines showing the elevation and depression for every twenty feet of vertical interval of the surface of the county ; and that the resulting maps shall recognize the co-operation of the state of North Dakota. Maps— des- cription. What to show Economic sur- vey. Water supply. Climatic varia- tions. Samples for museum to be collected. Publication map. of Sec. 1123. MAKE AN ECONOMIC SURVEY. — Following the completion of the topographic maps, or as rapidly as deemed expedient, an economic sur- vey shall be made, including a complete account of all economic resources of agricultural importance, includ- ing the character and value of soil for agricultural pur- poses, the nature and extent of water supplies, iDOth surface and artesian, together with the analvsis of soils, waters, etc., including also the collecting and tabulat- ing of meteorological data necessary in explaining climatic variations, and such other investigations as naturally belong to an economic survey. Sec. 1124. STATE DIRECTOR TO COLLECT SAMPLES.— It shall be the duty of the state di- rector of this survey to collect or cause to be collected, samples of all rocks, soils, coals, clays, minerals, fos- sils, plants, woods, skins and skeletons of native ani- mals, and such other products of economic or scien- tific interest discovered during this survey, which prop- erly secured and labeled, shall be placed on exhibition in the museum of the North Dakota agricultural col- \QCrQ, "sec. 1125. ARRANGE TO PUBLISH MAPS.— The state director of this survey shall arrange with the directors of the government surveys for the pub- lications of economic maps resulting from this sur- vey, which shall be similar in design to, and uniform with the publication now made by these surveys ac- companied by (a) the written description of the forma- tions and economic resources, which shall constitute a STATE OF NORTH DAKOTA 151 state director, to report to governor. report, embodying' and setting forth all useful informa- tion developed during these investigations. Sec. 1126. PUBLISH REPORTS.— There shall be published from time to time, as bulletins of the ^periment'' North Dakota experiment station,' preliminary reports station, of this survey, as the work progresses, showing the results of the survey and investigations conducted, together with preliminary maps showing the areas cov- ered, and these preliminary reports shall be sent gratis Distribution, to all citizens of North Dakota making application. Sec. 1137. MAKE BIENNIAL REPORT TO GOVERNOR.— It shall be the duty of the said board of trustees, through the state director of this survey, to make on or before the second Tuesday of Decem- ber of each year, immediately preceding the regular sessions of the legislative assembly of North Dakota, a biennial report to the governor, showing the progress of the survey, accompanied by copies of the maps com- pleted and results accomplished, together with a report of all moneys received and expended ; and the governor shall lay this report before the legislative assembly. Sec. 1138. STATE DIRECTOR.— The professor of geology of the North Dakota agricultural college shall act, under the direction of the board of trustees of said institution, as state director of this survey. Sec. 1139. APPROPRIATION.— There is hereby appropriated out of the money of the state treasury, not otherwise appropriated, the sum of five hundred dollars ($500) annually, which shall be paid by the state treasurer upon a draft from the secretary of the board of trustees, having in control this survey. Sec. 1130. — NAME. — This survey shall be known as the Agricultural College survey of North Dakota. Sec. 1131. NOT CONFLICTING.— This act is not to be construed as conflicting in any manner with or repealing the geological survey of North Dakota already established at the state university. state director — who is. Annual ap- propriation. Name of sur- vey. Not to con- flict witli state university. Sec. 1133. BELONG TO THE lands belonging to the state, or lands lands and public institution lands, in ered any valuable deposit of coal or kind, clay, gravel or stone shall be property of the state until provision leasing thereof is especially provided STATE.— Any known as school which is discov- minerals of any and remain the for the sale or for by law. Mineral de- posit in state or school lands belongs to state. 152 GENERAL SCHOOL LAWS Deaf and dumb children — where edu- cated. Trustees — number and appointment. Vacancies. Term of office. Meetings. Organization. Quorum. Oath. Duties. Article 7. — School for the Deaf and Dumb. Sec. 1133. LOCATION.— The school for the deaf and dumb as located by the constitution at Devils Lake shall continue to be the institution for the support and education of the deaf and dumb children of the state. {See Const. Sec. 215, sub. 5.) Sec. 1134. BOARD OF TRUSTEES, HOW AP- POINTED. — Such institution shall be under the su- pervision of a board of trustees consisting of five mem- bers, who shall be appointed by the governor by and with the advice and consent of the senate. At each biennial session of the legislative assemblv the gov- ernor shall nominate and, by and with the advice and consent of the senate, appoint for the term of four years trustees to fill vacancies occurring by the expiration of the term of office of those previously appointed, and the governor shall have power to fill all vacancies in the board which shall occur when the legislative assembly is not in session, and the members of such board shall hold their office for the term of four years commencing on the first Tuesday in April succeeding their appoint- ment, and until their successors are appointed and qualified, except members appointed to fill vacancies fhiring the recess of the legislative assemblv, which members shall hold only until the first Tuesday in April succeeding the next regular session of the legis- lative assembly. Sec. 1135. ORGANIZATION. MEETINGS.— Such trustees shall meet in the city of Devils Lake. They shall choose from among their number a presi- dent and secretary, who shall hold office for two years, and until their successors are appointed and qualified. Three members of the board shall constitute a quorum for the transaction of business. Such board shall meet annually in the month of April and as often thereafter as may be deemed necessary for the proper transaction of business, upon the call of the president or secretary. Sec. 1136. OATH. DUTIES OF OFFICERS OF BOARD. — Each member of the board shall before entering upon his duties take and subscribe the oath required of other civil officers, which oath shall be filed in the office of the secretary of state. The presi- dent shall preside at all meetings of the board when present and in his absence a president pro tempore may be nained to perform the duties of president. The sec- retary shall keep a correct record of the proceedings STATE OF NORTH DAKOTA 153 Deposit of funds, board shall direct . General super- vision. Indebtedness not to exceed appropriation. Compensation of the board and have charge in trust for the institu- tion, of all papers and records of the same. {See Ap- pendix D, Note 32.) Sec. 1137. BOARD TO DIRECT DISPOSITION OF MONEYS.— Tlie board shall direct the disposi- tion of all moneys appropriated by the legislative as- sembly or received from any other source for the bene- fit of such institution. Sec. 1138. DUTIES OE BOARD.— Such board shall have general supervision of the institution, adopt rules for the government thereof, employ and fix the salaries of all employes, provide necessaries for the in- stitution and perform other duties, not devolving upon the principal necessary to render it efficient and to carry out the provisions of this article. Sec. 1139. INDEBTEDNESS LIMITED.— The board shall not create any indebtedness against such institution exceeding the amount appropriated by the legislative assembly for the use thereof. Sec. 1140. COMPENSATION OE MEMBERS OF BOARD. — The members of the board shall re- ceive as compensation for their services three dollars per day for each day employed, and five cents per mile for each mile actually and necessarily traveled in at- tending meetings of the board, to be paid out of the state treasury upon vouchers of the board duly certified by the president and secretary thereof. Sec. 1141. FEE FOR NON-RESIDENT CHIL- DREN. — Deaf and dumb children, not residents of this state, of suitable age and capacity, shall be entitled to an education in such school on payment to the state t reasurer of the sum of one hundred and eighty dollars per annum, in advance, but such children shall not be received to the exclusion of children of this state. Sec. 1142. RESIDENTS ENTITLED TO EDU- CATION FREE. — Each deaf and dumb person, who is a resident of this state, of suitable age and capacity, shall be entitled to receive an education in such institu- tion at the expense of the state. Sec. 1143. ACCOUNTS FOR CLOTHING, HOW COLLECTED.— When the pupils, of such in- stitution are not otherwise provided or supplied with suitable clothing, they shall be furnished therewith by the principal, who shall make out an account thereof in each case against the parent or the guardian, if the pupil is a minor, and against the pupil if he has no parent or guardian or if he has attained the age of Non-resident pupils — fee for Residents to be educated free. Clothing —how furnished. 154 GENERAL SCHOOL LAWS County treas- urer to collect for same. majority; which account shall be certified to be cor- rect by the principal, and when so certified such ac- count shall be presumed correct in all courts. The principal shall thereupon transmit such account by mail to the county treasurer of the county from which the pupil so supplied shall have come ; and such treas- urer shall proceed at once to collect the amount by suit in the name of his county, if necessary, and pay the same into the state treasury. The principal shall at the same time remit a duplicate of such account to the state auditor, who shall credit the same to the account of the school and charge it to the proper county ; pro- vided, that if it shall appear by the affidavit of three disinterested citizens of the countv, not of kin to the pupil, that such pupil or his parents would be unrea- sonably oppressed by such suit, then such treasurer shall not commence such action, but shall credit the same to the state on his books and report the amount of such account to the board of county commissioners of his conuty, which board shall lew a sufficient tax to pay the same to the state and cause the same to be paid into the state treasury. To be paid by taxation— when Transporta- tion—when paid. County war- rant to pay same. Officers. Qualifications of principal Sec. 11-U. TRANSPORTATION OF INDI- GENT PERSONS, HOW PAID.— The _ board oi county commissioners shall order to be paid the ex- penses of transportation to and from such institution of any indigent deaf and dumb children entitled to ad- mission thereto, and they shall at the time of levying other taxes, levy a tax sufficient to reimburse the county therefor. In order to avoid long delays in transporting indigent children to and from the insti- tution, the principal may, upon correspondence with the auditor of such county, pay such transportation and forward to such county auditor an itemized state- ment of the expenses. The board of county commis- sioners shall order the countv treasurer to draw his warrants for such amount in favor of the principal of the institution, who shall account for such money as provided by law. Sec. 1145. FACULTY. DUTIES OF PRINCI- PAL. — The officers of the institution shall be a prin- cipal and matron. The principal shall be a capable per- son, skilled in the sign language and all the methods in use in educating the deaf, and shall have knowledge of the wants and requirements of the deaf in their proper training and instruction. The principal and matron must reside at the institution. The principal STATE OF NORTH DAKOTA 155 Report. shall receive a salary of not less than fifteen hundred dollars per anntam. The principal shall annually make to the board of trustees a written report stating in full Salary, the true condition of the educational, the domestic and the industrial departments of the institution and his action and proceedings therein, which report shall be embraced in the report of the trustees to the governor. He shall keep and have charge of all necessary records and registers of each department and have the super- vision of teachers, pupils and servants and perform such other duties as the board mav require. He may recommend and with the approval gf the board employ all assistants needed therein. He shall have special charge of the male pupils, out of school hours, and .shall furnish them with employment about the premises or in some trade to which they are adapted when such trades have been organized and established at the in- stitution by the trustees and provision for their main- tenance made bv the legislative assembly. The pro- ceeds and products arising from the labor and employ- ment of the pupils shall inure to the use and benefit of the institution. Records. Employment for pupils. Sec. 1146. DUTY OF MATRON.— The matron of the school shall have control of the internal arrange- ment and management of the institution and of the female pupils, out of school hours. She shall instruct the female pupils in the domestic arts or in some trade to which they are adapted, under the direction of the principal. Sec. 1147. BOARD TO MAKE BIENNIAL RE- PORTS. — The board of trustees shall on or before the fifteenth day of November preceding each regular session of the legislative assembly make a full and complete report to the governor, showing: 1. A statement of the financial condition of the in- stitution from the date of the last report, giving in detail the amonut of moneys received from all sources and the amount expended. 2. The value of real estate and buildings at the date of the last report and the cost of improvements made, if any, since such report. 3. The number of pupils in attendance, their names, ages, residences, and cause of deafness ; also the num- ber that have entered the institution, and the number of those who have left since the last report. 4. The number and cause of deaths, if any, which have occurred in the institution since the last report. Matron- duty of. Report of trustees. Contents of. 156 GENERAL SCHOOL LAWS 5. The improvement, health and discipHne of the pupils. 6. The names of the officers, teachers and servants employed. 7. All other needful information touching such matters as m.ay be deemed of interest. 8. Such recommendations as mav be deemed need- ful. Funds— how kept and dis- posed of. Majority ne- cessary to val- id contract. Records open to public. Payment made only on order of board. Services free. Sec. 1148. DISPOSITION OF MONEY RE- CEIVED. — All money that shall arise from the inter- est received on all moneys derived from the sale of lands hereinbefore or that may hereafter be appro- priated for the school for deaf and dum.b, including all money that may be received from the renting of said land and all moneys that may be hereafter appropriated for the school for the deaf and dumb, by the state of North Dakota, including all money raised in any other manner or donated- to said asylum, shall be deposited with the state treasurer to be kept by him in a seperate fund, which shall be known as the deaf and dumb asy- lum fund, and be used exclusively for the benefit of said school for the deaf and dumb as may be herein or here- after provided. Sec. 1149. BOOKS OPEN TO INSPECTION.— Every duty and contract to be performed by said trus- tees must receive the approval of the majority of the board in regular session duly called, in order to make binding and valid. All proceedings of said board shall be recorded in a book kept for that purpose, and open to the inspection of anybody on request. Sec. 1150. ITEMIZED VOUCHERS.— All mon- eys that may come into the treasury of the state of North Dakota, and credited to the school for the deaf and dumb, shall be paid out to the persons entitled there- to, and the state auditor is hereby directed to draw his warrant on the funds in the hands of the state treas- urer belonging to the said school for the deaf and dumb upon the written order of the said board of trustees, which order shall be accompanied by itemized vouchers for the full amount of such order ; provided, no such or- der shall be issued until there is cash in the treasury with which to pay the same. Sec. 1151. NO COMPENSATION.— The trustees shall receive no compensation for performing the duties herein prescribed. STATE OF NORTH DAKOTA 157 School for blind, location and govern- ment. Trustees- how and when appoint- ed . Article 8. — Blind Asylum. Sec. 1152. LOCATION AND GOVERNMENT. — There is hereby established and located at Bathgate in Pembina county, a blind asylum, which shall be known by the name of the North Dakota Blind Asy- lum. The government and management of said asylum is hereby vested in a board of trustees con- sisting of five members, which shall be st3ded the Board of Trustees of the North Dakota Blind Asylum. (See Const. Sec. 216, sub. 2.) Sec. 1153. TRUSTEES, HOW APPOINTED. LENGTH OF TERM.— The members of the board shall be nominated by the governor, and, by and with the advice and consent of the senate, shall be appointed on or before the third Monday of Februarv of each biennial session of the legislative assembly, for a period of four years from said date ; provided, however, that the first board of trustees shall be appointed by the gov- ernor at once upon the taking effect of this article ; pro- vided, further, that the terms of the first board shall be three members for the period of four years, and two members for the period of two years, the length of the term of the respective trustees to be designated by the governor in making the appointments. Such ap- pointments shall be made by and with the advice and consent of the senate, when the legislative assembly is in session ; otherwise, the trustees appointed shall qualify and hold office until their successors are ap- pointed and qualified. The governor shall have power to fill all vacancies which may occur in said board when the legislative assembly is not in session, and members of said board shall hold their office until their successors are appointed and qualified as provided herein. Term of office. Vacancies. Qualification and organiza- tion of board. Sec. 1154. ORGANIZATION OF BOARD. OUORLTM. — The governor shall cause to be issued to each of said trustees a commission, which shall be un- der the great seal of the state. At the first meeting of said board the members thereof shall take and sub- scribe the oath of office required of all civil officers and shall then proceed to elect a president, secretary and treasurer, but the treasurer need not be a member of Quorum, the board. A majority of the trustees shall constitute a quorum for the transaction of business. The board shall require a bond of its treasurer and fix the amount thereof. (See Appendix D — Note 32.) Bond of treasurer. 158 GENERAL SCHOOL LAWS Meetings— when, where, number. Compensation No funds to be disturbed until when. Sec. 1155. MEETINGS OF BOARD. COMPEN- SATION. — The board shall hold its meetings at Bath- gate and fix the time of holding the same; provided, there shall not be to exceed twelve regular meetings in each year. The members of the board shall receive as compensation for their services three dollars per day for each day employed, not to exceed twenty-four days in any one year, and five cents per mile for each mile actually and necessarily traveled in attending the meet- ings of the board, which sum shall be paid out of the state treasury on the vouchers of said board ; provided, that until such time as the legislative assembly shall make an appropriation for the construction and main- tenance of such asylum, or until there shall be derived from the interest on the proceeds of sales of or rents derived from the thirty thousand acres appropriated for this asylum, sufficient funds to construct and main- tain such asylum, the sum of five thousand dollars the trustees appointed under this article shall receive no compensation whatever, nor shall they issue their warrants upon the state treasury for any purpose whatever. Sec. 1156. PROCEEDS FROM LAND GRANT. — The thirtv thousand acres of land donated by con- gress for the purpose of such blind asylum and appro- priated by the constitution of this state therefor, and all moneys received from the interest and income derived from the sales of such lands or rents derived from the leasingof such lands, are hereby appropriated for the construction and maintenance of said asylum. Sec. 1157. BY-LAWS AND RULES OF REGU- . LATION. — The board shall direct the disposition of all moneys appropriated by the legislative assembly or the interest on all moneys that may be derived from the sale, or the rent derived from the leasing of land donated by congress to this state and by the consti- tution of the state appropriated for such asylum, and shall have supervision and charge of the construction of all buildings provided for or authorized by law for said asylum. Said board shall have power to enact by-laws and rules for the regulation of all its concerns not inconsistent with the laws of this state ; to see that its affairs are conducted in accordance with the re- quirements of law ; to provide employment and instruc- tion for the inmates ; to appoint a superintendent, a steward, a matron, a teacher or teachers, and such other officers as in its judgment the wants of the in- stitution may ' require, and prescribe their duties ; to Proceeds from land grant— how to be used. Care of funds. Rules and regulations. Officers and instructors. STATE OF NORTH DAKOTA 159 exercise a general supervision over the institucion, its officers and inmates, fix the salaries to be paid to the General super- officers and to order their removal upon good cause. vision. Reports — when and to whom made. Governor to contract with other states for education of blind chil- dren. At Grafton. Sec. 1158. REPORTS, WHEN MADE.— The board shall make a report to the governor on or be- fore the last Monday in December next preceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appropriated for the asylum ; also the money expended and the purpose for which the same was expended in detail ; also showing the condition of the institution generally. Sec. 1159. INSTRUCTION OF BLIND CHIL- DREN. — Until otherwise provided the governor is hereby authorized to contract with the state of South Dakota, or with the state of Minnesota, for the care and instruction of blind children of school age, and shall authorize the state auditor to issue warrants upon the state treasury for that purpose. Article 9. — Institution for Feeble Minded. Sec. 1160. LOCATION.— There shall be located and permanently maintained at or near the city of Grafton, in the county of Walsh, an institution for the feeble minded, upon the grounds conveyed by the United States of America to the state of North Dakota for that purpose, to be known and designated as "The Institution for Feeble Minded." Sec. 1161. BOARD OF TRUSTEES.— The said institution shall be controlled bv a board of five trus- tees who shall be appointed by the governor, by and with the advice and consent of the senate, for the term of four years each, and until their successors are xi-ustees — ap- appointed and qualified ; provided, however, that of pointment and the first board of trustees appointed under this act, three shall be appointed for the term of four years, and the other two for the term of two years. All vacancies occurring in said board shall be filled by appointment in like manner as aforesaid to fill the unexpired term. Sec. 1162. TERM OF OFFICE.— Such board of trustees shall annually elect from among their number a president and a secretary, who shall hold office for two years and until their successors are chosen and qualified. Three of said trustees shall constitute a quorum, and shall meet annuallv in the month of April Vacancies , filled. how Officers, elec- tion and term. Quorum. 160 GENERAL SCHOOL LAWS and as often thereafter as may be deemed necessary, for the proper transaction of business, upon the call of the president or secretary. Meetings. Poviiers and duties of trus- tees. Superintendent. Other officers. Pupils — who may become. Duty of friends. Officers of the board — duties of. Secretary. Treasurer. Sec. 1163. DUTIES. — Said trustees shall have the general management and superintendency of said insti- tution ; shall prescribe all rules and regulations for the government thereof ; and the admission of pupils there- to, and generally perform all acts necessary to render the said institution efficient for the purposes for which the safe is established, to-wit : For the relief and in- struction of the feeble minded and for the care and custody of epileptic and idiotic of the state, and they may introduce and establish such trades and manual industries as in their judgment will best train their pupils for future self-support. Sec. 116i. APPOINTMENT OF SUPERIN- TENDENT. — Such board shall appoint a superin- tendent of said institution, who shall be a physician skilled in caring for, and in instructing the class of unfortunates to be provided for by this act. Such superintendent shall name all the subordinate officers, and such nominations shall be confirmed or rejected by the board. ' Sec. 1165. WHO ADMITTED.— All feeble mind- ed persons residents of this state, who, in the opinion of the superintendent, are of suitable age and capacity to receive instruction in this institution, and whose defects prevent them from receiving proper training in the public schools of the state, and all idiotic and epileptic persons 'residents of this state may be admitted to and receive the benefits of this institution free of charge, subject to such rules and regulations as may be made by the board of tru'stees ; and they shall be provided by their friends, relatives, or the county from which they come, sufficient funds to furnish them with proper clothing and transportation. Sec. 1166. DUTIES OF OFFICERS.— The presi- dent shall preside at all meetings of the board, when present, and in his absence a president pro tempore may be chosen to perform the duties of president. He shall sign all contracts on behalf of the board and all orders upon the treasurer. The secretary shall coun- tersign all contracts and orders upon the treasurer and shall keep a correct report- of the proceedings of the board, and shall have charge in trust for the insti- tution of all papers and record of the same. Such board shall appoint a treasurer who may or may not STATE OF NORTH DAKOTA 161 Clothing fur- nished when. be one of their number, as they deem best, as pre - vided in section 1270 of the revised codes of 1905. Sec. 1167. SUPERINTENDENT TO FUR- NISH CLOTHING.— When • the pupils of such institution are not otherwise provided or suppHed with suitable clothing, or the necessary transportation, they shall be furnished therewith by the superintendent, who shall make out an account thereof in each case against the county from which the pupil shall have come, which account shall state the name of the pupil for whom the same is furnished and shall be certified to be correct by the superintendent and when so cer- tified shall be presumed to be correct in all the courts. The superintendent shall thereupon transmit such ac- count by mail to the auditor of the proper county, and the auditor of such county shall present the same to the county commissioners of said county at their next meeting after its receipt by him, who shall thereupon audit and allow the same, and charge it to the general fund of the county, and thereupon there shall arise in favor of said county a right of action for the amount so paid as against the parent or guardian, if the pupil be a minor, and against the pupil if he or she has no parent or guardian or has attained the age of majority, which may be enforced by civil action at the election of the board of county commissioners. The superin- tendent shall render to the board of trustees biennially, or oftener if required, an itemized statement of such funds. Procedure. Sec. 1168. DUTIES OF COUNTY COMMIS- SIONERS. — The board of county commissioners shall order to be paid the expenses of transportation to arnd from such institution of any indigent feeble minded children entitled to admission thereto, and they shall, at the time of levying other taxes, levy a sufficient tax to reimburse the county therefor. In order to avoid long delay in transporting indigent children to and from the institution, the superintendent may, upon correspondence with 'the auditor of such county, pay such transportation and forward to such county auditor an itemized statement of the expenses. The board of county commissioners shall order the county treasurer to draw his warrant for such amount in favor of the superintendent of such institution, who shall account for such money as provided by law. Sec. 1169. DUTIES OF TRUSTEES.— The board of trustees shall take and hold in trust for said institu- County com- missioners — duties of as to indigent pupils. School Laws— 11 162 GENERAL SCHOOL LAWS tion all lands and property hereafter granted, given, devised or conveyed to the institution for feeble minded, to be applied and used at Grafton aforesaid, and any moneys, now or hereafter, appropriated or entrusted to said institution may be drawn at any time from the state treasury upon the order of the board of trustees, on the presentation of proper vouchers to the state auditor. Power of trus- tees over prop- erty. Reports — by and to whom — when. Compensation of trustees. Secretary. Industrial school— location and object. Sec. 1170. OFFICERS TO REPORT. WHEN. — On or before the first day of November, 1904, and biennially thereafter, or oftener if required, the super- intendent, secretary and treasurer shall render to the board of trustees full and complete reports, accom- panied by such recommendations as may seem to them wise and proper, and biennially, and on or before the first day of December, preceding the regular sessions of the legislature, said board of trustees shall furnish the governor a printed report of said institution for the two years ending on the preceding June 30th. Said report shall contain such m.atters as are of interest to the institution, with reports of the superintendent, such as is common from like institutions ; with a de- tailed statement of the disbursements. The state au- thorities shall print and deliver to the proper officers for the use of the legislature and state officers, five copies for each, and shall deliver to the officers of such institution the number estimated by them to be neces- sary for the use thereof, not to exceed five to each member enrolled therein. Sec. 1171. COMPENSATION.— Each mem- ber of the board shall receive as full com- pensation for his services as such trustee, three dol- lars per day for each day necessarily and actually em- ployed in his duties as such trustee, together with five cents per mile for every actual and necessary mile traveled in going to and returning from the place of meeting of said board ; provided, however, that the secretary and treasurer shall each receive for his service annually a sum not to exceed fifty dollars, as may be allowed by the board. Article 10.— Industrial School. Sec. 1172, NAME AND OBJECTS.— That the institution known as the industrial school and school for manual training, located at EUendale, Dickey county. North Dakota, be henceforth designated the state normal and industrial school, the object of such school being to provide instruction in a comprehensive STATE OF NORTH DAKOTA 163 way in wood and iron work and the various other branches of manual training, cooking, sewing, model- ing, art wOrk, and the various other branches of domestic economy as a co-ordinate branch of educa- tion, together with mathematics, drawing and the other necessary school studies, and to prepare teachers in the science of education and the art of teaching in the pub- lic schools, with special reference to manual training. Sec. 1173. ENDOWMENT.— All proceeds ac- cumulating in the interest and income fund arising from the sale or leasing of all lands granted or here- after to be granted by the state of North Dakota or by the constitution of the state of North Dakota for ia°ndgran°.™ the said industrial school, are hereby pledged for the establishment and maintenance of said industrial school. Sec. 1174. MANAGEMENT.— The management and government of such school shall be vested in a board of trustees, consisting of five members, two of whom shall be residents of Dickey county, to be known as the board of trustees of the industrial school, and to be appointed as provided in this section. The mem- bers of the board shall be nominated by the governor and by and with the consent of the senate, shall be appointed on or before the third Monday in February of each biennial session of the legislative assembly, for a period of four years from said date ; provided, appointed however, that the first board of trustees shall be ap- pointed by the governor at once upon the taking effect of this article, and provided, further that the term of the first board shall be, three members for a period of four years and two members for a period of two years the length of the term of the respective trustees to be designated by the governor in making the appoint- ments. Such appointments shall be made by and with the consent of the senate, when the legislative assem- bly is in session, otherwise the trustees appointed shall qualify and hold office until their successors are ap- pointed and qualified. The governor shall have power to fill all vacancies which may occur in said board when the legislative assembly is not in session, and the mem- bers of said board shall hold their office until their suc- cessors are appointed and qualified as provided herein. Sec. 1175. MEETINGS OF BOARD. COM- PENSATION.— The board shall hold its meetings at the city of Ellendale, in Dickey county, and fix the time for holding the same. They shall not hold to exceed Trustees— num- ber. . How and when Term of office. ^''acancies. Meetings — wiien, where, number. 164 GENERAL SCHOOL LAWS Organization. Quorum. Compensation Oath. Bond. Plans and specifications for building. six regular meetings each year; provided, that the president of the board shall have power to call special meetings, whenever in his judgment it becomes neces- sary. At their first meeting they shall proceed to elect a president and a secretary, but the secretary need not be a member of the board of trustees, and at said meet- ing they shall adopt a seal for said state industrial school. A majority of the board shall be a quorum. Each trustee and the secretary shall receive three dol- lars per day for each day necessarily employed in at- tendance upon sessions of the board, and five cents per mile for each mile necessarily traveled, to be paid on presentation of proper vouchers containing an item- ized statement of the number of days in attendance and miles actually traveled as above provided, duly verified by his oath and approved by the president and secretary of the board, and the state auditor shall audit such claims and draw his warrants upon the state treasurer for the amounts so allowed. Sec. 1176. OATH. BOND. PLANS AND SPECIFICATIONS.— Before entering upon the duties of his office each member of said board of trus- tees shall take and subscribe an oath as follows : "I do solemnl}^ swear that I will support the constitution of the United States and the constitution of the state of North Dakota and will faithfully discharge the duties of board of trustees of the state industrial school according to the best of my ability ; that I have not received and will not knowingly and intentionally, directly or indirectly receive any money or other con- sideration from any source whatever for any vote or influence I may give or withhold or for any other official act I may perform as such trustee, except as herein provided."- He shall also execute a bond in the penal sum of three thousand dollars, for the use and benefit of the state of North Dakota, with two or more good and sufficient sureties to be approved by the gov- ernor, and be filed with the secretary of state, con- ditioned upon the faithful performance of his duties and the honest and faithful disbursement of and ac- counting for all moneys which may come into his hands under the provision of this article. The mem- bers of said board having taken the foregoing oath and executed the bond as aforesaid are hereby empowered and required to cause to be prepard suitable plans and spcifications by a competent architect. Such plans shall contemplate the erection of a building or build- ings which will accommodate not less than one hun- STATE OF NORTH DAKOTA 165 Architect to superintend construction. Proposals for building. dred nor more than five hundred students, and shall be accompanied by specifications and by a detailed estimate of the amount required and description of all material and labor required for the erection and full completion of the building or buildings ; and no plan shall be adopted that contemplates the expenditure of more money for its completion than the amount rea- sonably necessary to carry out the object of said insti- tution. Sec. 1177. SUPERINTENDENT OF CON- STRUCTION. PROPOSALS FOR BUILDING. — The said board of trustees shall employ the archi- tect whose plans and specifications are accepted to act as superintendent of construction, who shall receive for such plans and specifications and for superintend- ing construction such pay as the board by agreement shall determine ; which pay shall not exceed an amount equal to five per cent of the estimated cost of said build- ing. Whenever the said plans and specifications shall have been approved and adopted by a majority of the board of trustees they shall cause to be inserted in at least two of the daily newspapers published in the state of North Dakota, and having a general circulation therein an advertisement for sealed bids for the con- struction of the buildings herein authorized, and they shall furnish a printed copy of this article, and a copy of the plans and specifications to any person or per- sons applying therefor ; provided, said trustees may advertise as aforesaid whenever there shall be a suffi- cient amount of money to the credit of said industrial school with which to construct all or any part thereof deemed expedient by said trustees to erect or con- struct ; provided, further, that said building or build- ings shall be erected on the piece or parcel of land at or near the city of Ellendale, in Dickey county, donated by the citizens of said city, and now held in fee simple by the state of North Dakota. No trustees or officers of said industrial school shall be in any way interested in any contract for the erection of said build- ing or buildings or furnishing any material for said buildings, and if any such officer be so interested he shall be deemed guilty of a misdemeanor and on con- viction be fined in any sum not exceeding five thou- sand dollars. Where to be erected. Who not to be interested in contracts. Sec. 1178. TREASURER TO KEEP FUNDS. ACCOUNTS, HOW AUDITED.— All monevs that may accrue from the interest and income derived from the renting and sale of lands hereinbefore appropriated Penalty. State treas- urer custodian of funds. 166 GENERAL SCHOOL LAWS and all moneys that may hereafter be appropriated by the legislative assembly of North Dakota including all moneys raised in any other manner for said school shall be deposited with the state treasurer, to be by him kept in a separate fund, which shall be known as the state industrial school fund ; and such funds shall be used exclusively for the benefit of said school as may be herein or hereafter provided. The board of trustees of the state industrial school shall audit all accounts against the funds appropriated by the legis- lative assembly of the state of North Dakota, or held by the state for the use of the state industrial school, and the state auditor shall issue his warrant upon the state treasurer for the amount of all accounts which have been so audited and allowed by the board of trustees and attested by the president and secretary of said board. The board of trustees of the state indus- trial school shall direct the disposition of all moneys appropriated, or that may hereafter be appropriated by the legislative assembly of the state of North Dakota, or may hereafter accumulate in any manner in the state industrial school fund. The board shall have the power to receive all donations, gifts and bequests that may be offered or tendered to or for the benefit of such school, and dispose of the same. All moneys coming into the hands of such board shall be immedi- ately covered into the state treasury to the credit of the state industrial school fund. How kept. Audit of ac- counts. Disposition of funds — how directed. Gifts, dona- tions, etc. Instructional force. Faculty, powers. Reports, when by and to whom. Sec. 1179. FACULTY.— The board of trustees shall have power to employ a president and necessary teachers, instructors and assistants to conduct such school, and to prescribe their respective duties and to fix the salaries of such employes. They shall have power to remove the president, instructors and assist- ants and to fill all vacancies. The faculty shall consist of the president, teachers and instructors, and it shall pass all needful rules and regulations for the govern- ment and discipline of the school and all such rules and regulations as are necessary for the preservation of morals, decorum and health. Sec. 1180. REPORTS.— The faculty shall make an annual report to the board of trustees on or before the first Monday of November of each year, showing the condition of the school and containing such recom- mendations as the welfare of the institution shall demand. The board of trustees shall make a report to the governor on or before the fifteenth day of No- vember next preceding each biennial session of the STATE OF NORTH DAKOTA 167 legislative assembly, containing the several reports of the faculty herein provided for, and showing the con- dition of the funds apropriated for the school, the money expended and the purpose for which the same was expended in detail, and showing the number of students in attendance, the work accomplished by them, and the condition of the school in general. Article 13. — School of Forestry. School of For- estry. Object. Course of Directors. Appointment and term. Sec. 1231. SCHOOL OF FORESTRY. LO- CATED. — A state school of forestry, to be known as the North Dakota school of forestry, is located at Bot- tineau, in the county of Bottineau, state of North Dakota, by virtue of the vote taken thereon according to law. The object of the school of forestry shall be to furnish the instruction and training contemplated in study! an agricultural high school, emphasizing those subjects that have a direct bearing on forestry and horticulture. {See Const. Sec. 216, Sub. 4-) Location. Sec. 1232. MANAGEMENT.— The said school shall be under the direction of a board of directors, and shall be governed and supported as hereinafter provided. The board of directors shall consist of three members, to be appointed by the governor with the consent and advice of the senate, two of whom shall be appointed for the term of two years and one for a term of four years. Thereafter and at each biennial session of the legislative assembly, and on or before the third Monday in February during each session, there shall be nominated by the governor, and by and with the advice and consent of the senate, appointed for the term of four years, comm^encing on the first Tuesday in April following such appointment, di- rectors 'to fill vacancies occurring by the expiration of the term of office of those previously appointed. The governor shall have power to fill all vacancies in said board which may occur when the legislative as- sembly is not in session, and the members of said board Vacancies shall hold office until their successors are appointed and qualified as provided by this article ; provided, fur- ther, that in all cases where the governor has made an appointment to fill a vacancy when the legislative as- sembly is not in session the term of office of the director or directors so appointed shall expire on the first Tuesday in April following the next session of the legislative assembly. 168 GENERAL SCHOOL LAWS Sec. 1233. COMMISSION. OATH. ORGAN- IZATION. — The governor shall cause to be issued to each of said directors a commission which shall be under the seal of the state. At the first meeting of said board the members thereof shall take and sub- scribe the oath of office required of all civil officers of the state, and shall then proceed to elect a presi- dent, secretary and treasurer, but the treasurer shall not be a member of said board of directors. A ma- jority of said board shall be a quorum for the trans- action of business. The board shall require a bond of its treasurer, and fix the amount thereof. {See Ap- pendix D.—Note 32.) Sec. 1234. A/IEETINGS. COMPENSATION. ■ — The board of directors shall hold its meetings at Bottineau and fix the time of holding the same; pro- vided, there shall not exceed three regular meetings in each year. The members shall receive as compen- sation for their services three dollars per day for each day employed, and all traveling expenses necessarily incurred therein, which sum shall be paid out of the state treasury upon vouchers of said board duly certi- fied by the president and secretary thereof, which sum is hereby appropriated therefor. The president of said board shall have power to call special meetings when- ever in his judgment it becomes necessary. Sec. 1235. ACCOUNTS, HOW AUDITED.— The board shall audit all accounts against the funds appropriated by the legislative assembly of the state of North Dakota, or held by the state for the use of the school of forestry, and the state auditor shall issue his warrants upon the state treasurer for the amount of all accounts which shall have been so audited and allowed by the board of directors and attested by the president and secretary of the same. Sec. 1236. REPORT.— The board of directors shall make a report to the governor on or before the first Monday in December next preceding each biennial session of the legislative assembly, to be published in the biennial report of the superintendent of public instruction, in addition to the other publication as pro- vided bv law. Oath. Orfjanization. Quorum. Meetings — when , where , number. Compensation Special meet- ings. Audit of ac- counts. Report of directors. Reform school —continuation and use. STATE REEORM SCHOOL. Sec. 10325. STATE REFORM SCHOOL AT MANDAN. CONTINUATION AND USE.— The state reform school located at Mandan, in the county of Morton, shall continue to be the general reform and STATE OF NORTH DAKOTA 169 Of whom com- posed — officei'S must act per- sonally. industrial school of .the state for the detention, instruc- tion and reformation of such j uvenile offenders against the laws and good order thereof, of both sexes under the age of eighteen 3'ears, as may be committed to it according to law for detention, instruction and disci- pline therein. Article 1. — Board of University and School Lands. Sec. 152. BOARD, HOW CONSTITUTED.— The governor, secretary of state, state auditor, attor- ney general and superintendent of public instruction shall constitute the board of university and school lands. The governor shall be president ; the secretary of state, vice president, and the superintendent of pub- lic instruction secretary thereof. In the absence O'f the superintendent of public instruction at any meet- ing of the board, the deputy superintendent of public instruction shall act as secretary, but shall not be enti- tled to a vote. Such board, when acting as such, must act personally ; no member can be represented on such board b)^ any assistant or clerk. Sec. 153. BOARD, POWERS OF.— Subject to the provisions of article 9 of the constitution and the provisions of this article, such board shall have the full control of the selecting, appraisement, rental, sale, disposal and management of all school and public lands of the state, including the real property donated to the territory of Dakota under the provisions of chapter 104 of the laws of 1883, except such as has been sold, and the investment of the permanent funds derived from the sale thereof, or from any other source, and shall have power to appoint a competent person to act as the general agent of the board in the performance of all its duties pertaining to the selection, sale, leasing or contracting in any manner allowed by law, and the general control and management of all matters relating to the care and disposition of the public lands of the state, all of whose official acts shall be subject to the approval and supervision of the board. The title of such agent shall be commissioner of university and school lands, and before entering upon his duties as such he shall take the oath pre- scribed for civil officers and give a bond in the penal sum of ten thousand dollars, with not less than two sureties, to be approved by the board, and recorded in the office of the secretary of state and filed, when re- corded, in the office of the state treasurer. full Shall have control of school and public lands Appoint agent. Title and qual- ifications of agent. 170 GENERAL SCHOOL LAWS Sec. 154. MEETINGS OF BOARD.— Such board shall meet at the office of the commissioner on the last Thursday of each month, at ten o'clock in the forenoon. Special meetings of the board may be held at any time at the written call of the president or any two members of the board. Any three members of the board shall constitute a quorum. Meetings and quorum. Board invests funds. Compensation of board. Sec. 155. BOARD INVESTS FUNDS. COM- PENSATION OF BOARD. CONDITIONS OF LOANS. — Said board shall have power, and it is made its duty from time to time to invest any money belong- ing to the permanent funds of the common schools, university, school of mines, reform school, agricultural college and the school for the deaf and dumb, normal schools and all other permanent funds derived from the sale of public lands or from any other source, in bonds of school corporations or counties or townships within the state, bonds of the United States, bonds of the state of North Dakota, municipal bonds, or first mortgages on farm lands in the state, not exceeding in amount one-third the actual value of any subdivision on which the same may be" loaned, said value to be de- termined by the board of appraisal of school lands ; provided, that for said services as such board of ap- praisal, the county auditor and county superintendent of schools shall receive only their necessary traveling expenses, but that the chairman of the board of county commissioners shall be entitled to the same mileage and per diem as when serving on the board of county com- missioners. The first mortgages on farm lands in this state shall be made only in the manner following, to- wit : Condition of loans. 1. The first mortgages on farm lands and each of them, shall run for a period of time not to exceed twelve years, and the funds so invested shall bear in- terest at the rate of five per cent per annum, payable annually to the county treasurer of the county in which such lands lie," as provided in section 193 of the revised codes of 1905. For the first five years payments sliall consist only of interest, paid annually, and commencing with the sixth year the interest shall be paid annually as above stated and the borrower shall have his option of paying ten per cent or any multiple thereof of the principal at any interest bearing date, and the interest when paid shall be covered into and become a part of the interest and income fund. STATE OF NORTH DAKOTA 171 2. First mortgage loans shall only be made upon cultivated lands within the state, and to persons who are actual residents thereof, and in no case on lands of which the appraised value is less than seven dollars and fifty cents per acre, and in sums not more than five thousand dollars to any person, firm or corporation. 3. Any or all of said mortgages may be satisfied at any time after three years from the date when made on payment of the whole amount due thereon ; pro- vided, if the loan is sought to be paid off in full pre- vious to the time specified for payment in the contract, then the party so paying said loan shall pay in addition to the interest then due on such loan the interest on the same for six months in advance of date of such payment on the whole amount remaining due in such payment. All proceedings in regard to invest- ments in first mortgages as provided in this chapter shall conform to and be governed by the laws of the state of North Dakota in such case made and provided. Said board of university and school lands shall not purchase or approve the purchase of any bonds or mortgages except at a legal session thereof, nor unless every member of the board is notified by the secretary of said board in time to be present at such meeting, and notified also that the question of purchasing or acting on a proposition for the purchase of certain bonds or mortgages is to be considered at the meeting, nor unless a majority of all the members vote in favor of such purchase, and the vote on the purchase of every bond and mortgage shall be taken by the yeas and nays and shall be duly recorded in the books of the board Sec. 156. RECORDS TO BE KEPT BY SECRETARY. — The secretary shall enter in a suitable book kept for that purpose a full and correct record of all the proceedings of said board at each session thereof, which record when approved shall be signed by the president or presiding officer of the meeting and the secretary. Records. Sec. 157. TREASURER CUSTODIAN OF FUNDS. — All moneys belonging to the permanent funds of the common school and other public institu- tions derived from the sale of any of the public lands or from any other source shall be paid to and held by the state treasurer and be subject to the order of such board, and shall be paid over to order of the board for investment as provided in section 155 of this Funds to be held by state treasurer. 172 GENERAL SCHOOL LAWS Also be custo- dian of securi- ties. Treasurer to collect moneys due. Past due ac- counts attor- ney general to collect — when. Foreclosures. Assignments. Permanent funds — how invested. article, whenever the board requires the same for such investment. . The state treasurer shall also be the cus- todian of all bonds, notes, mortgages and evidences of debt arising out of the management of the per- manent funds derived from the sale of any of the public lands of the state or from any other source. Sec. 158. INVESTMENTS. HOW UNPAID MONEYS TO BE COLLECTED.— It shall be the duty of the state treasurer, from time to time as the same become due, to collect all moneys due and owing on any and all of the securities held by him for investment or for permanent funds, and from time to time, whenever required by the board, to make report of the amount of such collections to the board, and a duplicate of the same to the state auditor. If .any such moneys shall remain unpaid for thirty days after the same shall become due and payable, he shall make report dn detail of all such unpaid amounts to the board who shall place the matter in the hands of the attorney general for collection whenever they shall deem it for the best interests of the state so to do, whose duty it shall be to proceed to collect the same by civil action, to be brought and prosecuted in the name of the state. Sec. 159. FORECLOSURE. ASSIGNMENTS. — Mortgage loans made under the provisions of this chapter may be foreclosed either by action or adver- tisement, in the same manner and upon the same notice as required in other real estate foreclosures. When foreclosure is made by action said action shall be brought and prosecuted in the name of the state ; pro- vided, further, that the board of university and school lands may, and it is hereby authorized and empowered to assign any or all of said mortgages, whenever in the judgment of said board it will be for the best interests of the state so to do ; provided, however, that said board shall not accept as a consideration for said assignment any amount less than the principal and interest due upon said mortgage or mortgages. Such assignments when made shall be executed by. the governor and attested by the secretary of state with the great seal of the state of North Dakota attached. Sec. 160. MANNER OF INVESTING PER- MANENT FUNDS. — In the investment of perma- nent funds under its control such board shall authorize the state auditor to draw his warrant on the state treasurer, payable out of the proper fund, for the STATE OF NORTH DAKOTA 173 purchase of the bonds or mortgages, which warrant previous to dehvery, shall be registered by the state treasurer in a book provided for that purpose. Sec. 161. INCIDENTAL EXPENSES OF BOARD, HOW PAID.— The necessary incidental expenses of the board shall be paid out of the state treasury, and upon satisfactory vouchers therefor the state auditor shall issue his warrant for the same. Sec. l'Q2. APPROPRIATION FOR INTEREST. — There is hereby annually appropriated such sums as shall be found necessary for the expenses of purchase, and payment of accrued interest at the time of the purchase, o-f investment bonds or mortgages for the permanent funds under the control of said board, pay- able from the respective fund for which said purchase is made. Sec. 163. TERM OF OFFICE OF COMMIS- SIONER. — The first term of ofifice o'f the commis- sioner provided for in this article shall be for three years from the date of his appointment and until his successor is appointed and qualified, and after the expi- ration of the first term, all succeeding terms shall be two years, and until his successor is appointed and qualified, subject to removal by the board. In case of vacancy by death, removal, resignation or any other cause, the board shall fill the same by appointment. Sec. 164. SALARY OF COMAilSSIONER.— The commissioner shall receive an annual salary of one thousand eight hundred dollars. Sec. 165. DEPUTY COMMISSIONER.— By and with the consent of the board, the commissioner may appoint a chief clerk, who before entering upon any of the duties devolving upon him by said appointment shall take and subscribe the oath of office required by law and shall execute to the state a bond with one or more sureties in the penal sum of five thousand dol- lars conditioned for the faithful discharge of his duties. Article 3. — Land Commissioner. Sec. 166. DUTIES. — The commissioner, under such directions as may be given by the board of uni- versity and school lands, shall have general charge and supervision of all lands belonging to the state, of all lands in which the state has an interest or which are held in trust by the state. He shall have the cus- tody of all maps, books and papers relating to any of the public lands mentioned in this article. He shall Incidental ex- penses — pay- ment of. Interest — ap- propriation for. Commisioner — term of office Vacancy. Compensation. Deputy. Powers and duties of com- missioner. 174 GENERAL SCHOOL LAWS Records. Seal. procure the proper books, maps and plats in which to keep a complete record of all lands owned or held in trust by the state for schools, public buildings and for all other purposes, and shall keep true record of all the sales, leases, permits, patents, deeds and other con- veyances of such lands made by the state, amount of money paid, date of sale and payment, description of land sold or leased, number of acres thereof, name of purchaser and designation of the fund that should be credited therewith. He shall direct dl appraise- ments, sales, leases ; shall execute all contracts of sale, leases, permits or other evidences of disposal of the lands, subject to approval by the board. Upon all con- tracts, leases or permits issued by the com.missioner he shall certify the book and page where the same is recorded. He shall have an official seal with a proper device thereon ; and the seal of the commissioner affixed to any contract of purchase, receipt or other instruments issued by him, duly countersigned by him as approved by the board, according to the provisions of this article, is prima facie evidence of the due exe- cution of such contract or other paper. He shall bien- ially report to the legislative assembly through the board his work during the preceding term, showing the quantity of lands sold or leased, and the amount received therefor, the amount of interest moneys re- ceived to the credit of the several funds, expense of administration of his department, and all such other matters relating to his office as shall be necessary. It shall also be the duty of the land commissioner to receive and present to the board of university and' school lands all offers for sale of bonds. He shall also prepare all bonds in connection with the invest- ment of the permanent school fund. He shall keep such books as may be necessary to register and de- scribe all bonds and mortgages purchased or taken by the board of university and school lands for the benefit of any of the permanent funds under its con- trol. Such books shall be ruled so as to permit the registry of the name and residence of the person offer- ing to sell any such bonds or mortgages, the district 'for which such offer is made, a description of the property covered by the mortgage, and a full and detailed description of every bond, whether United States, state or school district, and the date, number, series, amount and rate of interest of each bond and when the interest and principal respectively, are pay- able ; and such record shall be made of every such Report. Bond records. STATE OF NORTH DAKOTA 175 bond and mortgage before the board shall act upon the question of purchasing the same. He shall also keep in suitable books a record showing a detailed quarterly statement of the condition of all the perma- nent funds under control of said board, the amount of each fund, how invested, when due, interest paid and any other act in any manner connected with the man- agement of said funds, and shall biennially report all such investments to the governor to be laid before the legislative assembly. All such records and record books shall at all times be open for inspection by the public. Quarterly- statement of funds. Records pub- lic. Article 3. — Appraisement and Sale of School Lands. Sec. 167. COUNTY BOARD OF APPRAISAL, DUTIES OF. — The county superintendent of schools, the chairman of the board of county commissioners and the county auditor of each county shall constitute the "County Board of Appraisers" of the public lands of the state in and for their county. The county board of appraisal in each county shall upon the re- quest of the board of university and school lands, designate on or before such date as it may specify, the public lands of the state in their county, that in its judgment can be sold for ten dollars an acre or up- wards on the terms prescribed in this article, desig- nating the tracts separately and giving an approxi- mate estimate of their selling value. Thereupon the commissioner shall, if so ordered by the board of uni- versity and school lands, prepare a list and order an appraisal of such lands as shall be designated in such list, and it is made the duty of such board of apprais- ers within ten days after the receipt of such list to examine such lands and appraise them at their cash value, as nearly as can be determined, describing each tract or subdivision in parcels not greater than one hundred and sixty acres, more or less, according to the government survey, and in smaller subdivisions thereof if so listed by the commissioners, and set oppo- site each described tract or parcel of land the appraised value per acre thereof ; and when such appraisal is completed, which shall not be later than thirty days after the receipt of the order directing it, the county board of appraisers, or the members of the same who made such appraisement, shall certify to its correct- ness, and make duplicate copies thereof, one of which County board of appraisers. Duty. Appraisal of lands. 176 GENERAL SCHOOL LAWS shall be forwarded immediately to the board of uni- versity and school lands, and the other filed in the office of the county auditor for reference. And in addition to the appraisal of such lands the county board of appraisal shall furnish such other informa- tion regarding the lands as may be required by the commissioner in the manner and form prescribed by him. The report of such appraisal shall be verified by each of such appraisers, and shall disclose any in- terest, real or contingent, that any of such appraisers has in any of the lands or improvements so appraised. Any appraiser who wilfully makes any false statement in such report, relative to such interest in any of the lands so appraised or improvements thereon, shall be deemed guilty of a misdem.eanor. For all services performed under the requirements of this article the appraisrs shall be paid at the rate of three dollars per day and actual traveling expenses, upon vouchers ap- proved by the secretary of the .board of university and school lands to be paid by the state treasurer upon warrants issued by the state auditor. Compensation. Selection and sale of lands. Published, notice of sale. Sec. 168. SELECTING AND CERTIFYING LANDS FOR SALE. — The commissioner shall from the list of lands so appraised and reported by the county board of appraisers select all such tracts as have been appraised at ten dollars per acre and up- wards and upon approval of such selections by the board of university and school lands shall make and certify to the county auditors the list of lands in their respective counties that are offered for sale, and when transmitting such list shall designate the day and hour for the sale thereof ; provided, that such sales shall take place only between the hours of ten o'clock A. M. and five o'clock P. M. and to be continued from day to day until all the lands advertised for sale shall have been sold or offered for sale except that adjournments may be made for any intervening Sunday or legal holiday. Sec. 169. NOTICE OF SALE TO BE PUBLISHED. — The board of university and school lands shall cause to be published in a newspaper of general circulation in the vicinity of the lands to be offered for sale as prescribed by section 158 of the constitution, a notice of such sale with the list of lands properly described that are to be offered for sale, to- gether with the appraised value thereof and the terms and conditions of sale, and also publish notices of all STATE OF NORTH DAKOTA 177 Sale — how conducted. Must sell for appraised value — or more. sales for the same length of time in one newspaper published at the seat of government. Sec. 170. MANNER OF SALE.— On the day and hour appointed for such sale the commissioner, except as hereinafter provided, shall proceed to sell or offer for sale at public auction to the highest bidder, at the court house or at the place where the terms of the district court are held, of the county where the lands are situated, the lands so advertised; offering them for sale and selling in the order in which they occur in the advertisement for sale. Such lands as have not been specially subdivided shall be offered in tracts of one-quarter section, according to the subdivisions thereof by the United States survey, and those so sub- divided in the smallest divisions thereof. No tract shall be sold for less than its appraised value, and in no case for less than ten dollars an acre. Whenever the commissioner cannot attend the sale in person such sale may be made by the deputy land commissioner or any other person designated and authorized by the board of university and school lands. Sec. 171. TERMS OF SALE.— Each tract of land shall be sold upon the following terms : The pur- chaser shall" pay one-fifth of the price in cash at the time of sale, and the remaining four-fifths as follows : One-fifth in five years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty years, with m~ terest at six per cent per annum on all the unpaid prin- cipal annually in advance. The highest bidder for any offered tract shall be declared the purchaser thereof, and shall immediately pay over to the county treasurer the amount of one-fifth of the purchase price as speci- fied in the terms of sale. In case the purchaser fails to pay the amount so required to be paid at the time of such sale, such commissioner or whoever may be conducting the sale, shall immediately reoffer such lands for sale, but no bids shall be received from the person so failing to pay as aforesaid ; and the person refusing or neglecting to make such payment shall for- feit the sum of one hundred dollars for each tract so purchased by him. Sec. 172. ADJOURNMENT OF SALE.- No ad- journment of the sale can be made after its opening, except as provided in section 168 of this article, bur, when the interest of the state will be subserved there- by, the board of university and school lands may, at any time not less than two weeks preceding the date fixed for opening such sale, making an order post- Sale — terms of. Re-sale — when. Forfeit for re- fusing to take. Sale — ad- journment of. School Laws — 12 178 GENERAL SCHOOL LAWS poning the same to such date as may be fixed in such order, which shall not be more than sixty days, giving due notice of the same to the county auditor, who shall publish such notice of adjournment and the day fixed for the same, for two successive weeks in the same papers in which the notice of sale is published ; but the adjournment of any sale shall not require continued publication of the list of lands beyond the time speci- fied in this article for such publication. Sec. 173. WITHDRAWAL OF LANDS FROM SALE. — The board of university and school lands may, in its discretion, on or before the day of sale, withdraw any or all lands that may have been adver- tised for sale or included in any list to be offered in any county, and upon such withdrawal shall notify the auditor of such county, specifying the lands in- cluded in such notice of withdrawal, who shall there- upon strike such lands from the lists in his office, and public notice of withdrawal shall be given at the day of sale before any such lands are offered. Lands with- drawn when. County audi- tor clerk of sale. Approval of sale. Compensation for clerk Purchaser — notice to. Sec. 174. COUNTY AUDITOR TO ACT AS CLERK AT SALE. APPROVAL OF SALE.— The county auditor shall act as clerk of all land sales and leases made in his county, and it shall be his duty within five days after such sale or lease shall have been concluded to certify to the board of university and school lands a list of lands sold or leased as provided in this article, with the price thereof, and the name of the purchaser or lessee of such tract, the amount for which the lands are sold or leased, the amount of money paid by such purchaser, arjd the amount of prin- cipal remaining unpaid, and the board of university and school lands shall approve and confirm the sale or lease of every such tract, as upon examination of such certified lists and such further information and investi- gation as shall be deemed necessary, shall be found to have been sold or leased in accordance with the law and without fraud or collusion. For the services im- posed by this article the county auditor shall be allowed the sum of three dollars per day for each and every day so engaged, to be paid out of any appropriation for the expenses of appraisal and sale of public lands. Sec. 175. NOTICE TO PURCHASER. EXE- CUTION OF CONTRACT.— Immediately upon ap- proval of the sales by the board of university and school lands, the secretary of such board shall prepare and certify a list of said approved sales to the commis- STATE OF NORTH DAKOTA 179 Execution contracts. of sioner, who shall without delay execute duplicate con- tracts in the form prescribed by the board, and forward the same to the county auditor of the county where the land was sold, whereupon it is made the duty of the county auditor to notify each purchaser in writing of the approval of the sale to him, and to appear within ten days after the date of such notice and pay the county treasurer the amount of interest on the de- ferred payments as specified in the contract and exe- cute the contracts of sale, and a failure so to appear and execute such contract shall act as a forfeiture of the paym.ent made by the purchaser at the sale. When the contracts are properly executed by the purchaser and the amount of money due thereon shall have been paid to the county treasurer, the copy marked dupli- cate shall be delivered to him and the original re- curned to the land commissioner, and each contract so returned fully executed shall have on its face in the place noted for such purpose the notation of the date of delivery to the purchaser, and all contracts not exe- cuted by the purchaser shall be returned to the land commissioner with a written statement thereon of the reason for such return. Sec. 176. SALES, WHEN VOID.— Any sale made by mistake, or not in accordance with law, or obtained by fraud, shall be void, and the contract of purchase issued thereon shall be of no effect; but the holder of such contract shall be required to surrender the same to the board of university and school lands, who shall, except in case of fraud on the part of the pur- chaser, cause the money to be refunded to the holder thereof. Sec. 177. SURVEYS TO BE MADE WHEN NECESSARY. — Whenever it appears to the board of universit}^ and school lands necessary in order to ascer- tain the true boundaries of any tracts or portions of lands, or to enable the commissioner to describe or dis- pose of the same in suitable and convenient lots, it may order all such necessary surveys to be made and the expenses shall be paid out of the state treasury as other incidental expenses of the board of university and school lands are paid. Sec. 178. SUBDIVIDING LAND INTO SMALL TRACTS OR LOTS, WHEN TO BE MADE.— Whenever in the opinion of the board of university and school lands the Interests of the state will be promoted by laying off any portion of the land under its control Into small parcels or city, town or village lots, the Sales void — when. Surveys — when made. Subdivision land — when. of 180 GENERAL SCHOOL LAWS board may order such commissioner to cause the same to be done, and have the same appraised in the same manner as hereinbefore prescribed. Sec. 179. SALE OF LOTS. NEW APPRAISAL. — All parcels or lots so appraised shall be subject to sale in the same manner and upon the same terms and conditions and the contract of purchase shall have the same effect, as in the case of other lands for which provision is made in this article, and at the prices at which the same are severally appraised, until a new appraisal is made, which the board of university and school lands may in its discretion order at any time, in the manner aforesaid, and with the like effect but no lots or parcels so appraised shall be sold for less than the minimum price of said land, established in this article. Re-appraisal of subdivisions. Plat record. Rights of pur- chaser under contracts. Assignment of contracts. Surrender and division of con- tracts. Sec. 180. MAP TO BE ENTERED OF REC- ORD. — Whenever the commissioner shall lay off any tract of land into small parcels or lots, as provided in this article, he shall cause a correct map of the same to be entered of record in the county where said lands are situated. Sec. 181. CONTRACTS OF PURCHASE. RIGHTS UNDER. — Contracts of purchase, issued pursuant to the provisions of law, entitle the purchaser his heirs or assigns, to the possession of the lands therein described, to maintain actions for injuries done to the same, or any action or proceeding- to recover possession thereof, unless such contract has become void by forfeiture ; and all contracts of purchase in force may be recorded in the same manner that deeds of conveyance are authorized to be recorded. Sec. 182. ASSIGNEE OF PURCHASERS.— Each assignee of a bona fide purchaser of any of the lands mentioned in this article is subject to and gov- erned by the provisions of law applicable to the pur- chaser of whom he is assignee ; and he shall have the same rights in all respects as an original purchaser of the same class of lands. Sec. 183. CONTRACTS MAY BE SURREN- DERED AND TWO OR MORE ISSUED, WHEN. — Whenever the holder of anv contract of purchase of any state or school land shall surrender the same to the commissioner with a request to have the same divided into two or more contracts, it shall be lawful for the commissioner to issue the same ; provided, that the proposed subdivision shall be only in the smallest STATE OF NORTH DAKOTA 181 Appi-Qval and fees. of the regular government or state subdivisions ; and, provided, that no new contracts shall issue while there is due and unpaid any interest, principal or taxes on the principal contract of sale, nor in any case where the commissioner shall be of the opinion after an examina- tion of the lands, if necessary, that the security would be impaired and endangered by the proposed division, nor until such proposed change shall have the approval of the board of university and school lands, and for all such new certificates a fee of five dollars for each certificate so issued shall be paid by the applicant, which fee shall be paid into the state treasury and be- come a part of the expense fund of the board of university and school lands. Sec. 184. CONTRACT VOIDABLE ON FAIL- URE TO PAY PRINCIPAL OR INTEREST.— In case the annual interest due on the first day of January in any year shall not be paid within thirty days thereafter by the purchaser or by any person claiming under him, the contract shall, from the time of such failure, be voidable. In case any installment on the purchase price shall not be paid within thirty days after the same becomes due by the provisions of contract of sale, the contract, from the time of such failure shall be voidable. And in all cases where any contract be- comes voidable by reason of failure to make the pay- ments required by the contract and the terms of this section, the boarcl of university and school lands may in their discretion declare such contracts of sale void ; and in case of such declaration, shall notify the holder thereof of such declaration, by written notice mailed to his postoffice address and send a duplicate copy thereof to the auditor of the county in which such land is situated, and order the commissioner to take pos- session of the land described in such contract. Contract may be voided on failure to pay principal or interest. Discretion of board. Sec. 185. REDEMPTION BEFORE RESALE. — In all cases where the rights of a purchaser, his heirs or assigns, become forfeited under the provisions of this article, by failing to pay the amounts required, such purchaser, his heirs or assigns, may,' before the resale at public auction of the lands described in such contract, pay to the state treasury the amount of inter- est due and payable on such contract, and all costs which have been incurred in addition thereto, together with interest at the rate of twelve per cent per annum on the interest and costs so due from the date of de- linquency to the date of payment, and such payment shall operate as a redemption of the rights of such Right of re- demption where contract is voided. 182 STATE OF NORTH DAKOTA purchaser, his heirs or assigns, and such contract from the time of such payment shall be in full force and effect, as if no forfeiture had occurred ; provided, that after the rights of a purchaser, his heirs or assigns, shall have become forfeited under the provisions of this article, the board of university and school lands shall have the power, and it is hereby made their duty, to provide for the resale of said land so forfeited if in their opinion a resale of said land shall be most advantageous to the state, otherwise the said board shall provide for the leasing of said land from year to year as herein provided, and after a lease of said land shall be made by said board, the lessee, his heirs and assigns, shall be entitled to the full and absolute pos- session of all said lands and premises so leased. No fee passes until patent -when. Sec. 186. FEE IN STATE UNTIL CONTRACT FULFILLED. — The fee of each parcel of such lands shall be and remain in the state until the patents hereinafter provided for are issued for the same re- spectively, and no patent shall issue until full payment of all sums and full compliance with all the conditions of the contract of purchase, and in case of noncom- pliance by the purchaser, his heirs or assigns, with the terms of the contract as aforesaid, or with the pro- visions of law applicable thereto, any and all persons being or continuing in possession of any such lands after a failure to comply with the terms of the con- Patent to issue tract as aforcsaid, or with such provisions of law, as aforesaid, without a written permission of the commis- sioner, shall be deemed and held to detain such land forcibly and without right, and to be trespassers thereon. Sec. 187. RECOVERY OF POSSESSION.— In case any person holds or continues in possession of any of the land mentioned in this article, contrary to the conditions or covenants of any lease or written agree- ment, he shall be liable to an action of forcible detainer, or any other proper action for the recovery of posses- sion of such lands and damages for detention of the same. Sec. 188. RECONVEYANCE TO THE UNITED STATES. — In all cases where lands have been erro- neously or improperly certified or conveyed to the state of North Dakota for school or other purposes by the United States, the governor of the state is authorized to reconvey or relinquish by the execution, under his hand and seal of the state, of such conveyances as will Action to re- cover posses- sion. Governor to reconvey to United States — when. STATE OF NORTH DAKOTA 183 Patents. be necessary to convey or relinquish the title which the state may have to such lands. Sec. 189. PATENTS, WHEN TO ISSUE.— When any land sold under the provisions of this article has been fully paid for, and all terms of the contract of purchase fully complied with, the board of univer- sity and school lands shall so certify to the governor, who shall thereupon issue to the purchaser thereof, his heirs or assigns, a patent conveying the title of the state to such land, and the governor shall in like man- ner issue a patent to any purchaser of the rights, title and interest of the original purchaser, his heirs or assigns, acquired by any execution sale. All such pat- ents shall be signed by the governor and attested by the secretary of state with the great seal of the state How executed, of North Dakota, and shall be countersigned by the board of university and school lands with the seal of the secretary of said board. Sec. 190. PATENTS TO BE RECORDED.— The registers of deeds of the several counties of this state are authorized to record all patents issued by the governor pursuant to the provisions of this article ; and the records thereof shall have the same effect as the record of other conveyances executed according to the laws of this state. Sec. 191. TAXATION OF LANDS AF- TER SALE. PURCHASER OF TAX CER- TIFICATE. — The commissioner shall, as soon as pos- sible after the sale of lands, transmit to the auditor of each county, in which any lands mentioned in this article have been sold, a detailed description of each parcel of the land so sold and the names of the pur- chasers, and the auditor shall extend the same upon his tax duplicate for the purpose of taxation, and the same shall thereupon become subject to taxation the same as other lands, and the taxes assessed thereon, col- lected and enforced in like manner as against other lands ; provided, however, that the purchaser at tax sale of any such lands sold for delinquent taxes shall only acquire by virtue of such purchase, such rights and interest as belong to the holder and owner of the contract of sale issued by such commissioner under the provisions of this article, and the right to be sub- stituted in the place of such holder and owner of such contract of sale, as the assignee thereof ; and upon the production to the proper officer of the tax certificate given upon such tax sale, in case such lands have not Recording patents. Taxation — when lands subject to. Rights of pvirchasers at tax sale. 184 GENERAL SCHOOL LAWS No tax deed — when. Taxation — when sale can- celled. Payments on contracts may be made to county treasurer. Duty of treas- urer. Disposition of funds. Treasurer's bond, condi- tions of. been redeemed, such tax purchaser shall have the right to make any payment of principal or interest then in default upon such contract of sale, as the assignee thereof. But no tax deed shall be issued upon an}^ tax certificate procured under the provisions of this act while the legal title of said lands remains in the state of North Dakota. Whenever the contract for the sale of any of said lands has been canceled, it shall be the duty of the commissioner to notify the auditor of the county in which such lands are located of said cancellation, and thereafter such lands shall not be listed for taxation, but in the event of the redemption of any such lands, the redemptioner shall pay as taxes in addition to all other charges an amount equal to the tax last levied thereon for each year such land was not listed for taxation, together with such interest and penalty as would have been charged, if the same had been regularly listed and taxed. Sec. 192. PAYMENT TO COUNTY TREAS- URER. DUTY OF TREASURER.— The purchaser of any land mentioned in this article, or his assigns, may pay to the county treasurer of the county in which such land lies any amount which may be due from time to time on the contract, either for principal, inter- est, rents or penalty, and for the amounts so paid the county treasurer shall give to such person a duplicate receipt specifying the amount paid, date O'f payment, whether for principal, interest or penalty, and the fund to which it is applicable, the number of ,the con- tract, the name of the original purchaser of the land, or the assignee thereof, which receipt shall be coun- tersigned by the auditor of said county, and have the same force and effect as if given by the state treasurer. All moneys received by the countv treasurer, under the provisions of this article, shall be held at all times subject to the order and direction of the state treasurer for the benefit of the funds to which the moneys re- spectively belong; and during the months of January, March, June and October of each year, and such other times as he may be requested so to do by the state treasurer, he shall pay into the state treasury all moneys received on account of such funds since the last pay- ment he may have made. Sec. 193. BOND OF COUNTY TREASURER. CONDITIONS OF.— The bond of each county treas- urer shall be conditioned for the honest and faithful discharge of all trusts and responsibility imposed by this article, and for the faithful payment of and ac- STATE OF NORTH DAKOTA 185 counting for all moneys received by him under the provisions of this article to the state treasurer or any other person entitled to receive the same, and the board of university and school lands shall on or before the first day of January, following any election for county officers, certify to the chairman of the board of county commissioners of each county the amount of money liable to come into the hands of the treasurer of the county under the provisions of this article, and the board of county commissioners shall add to the amount of the sum required on his regular official bond to the county double the sum so certified by the board oi university and school lands, and the record of the pro- ceedings of such board of county commissioners when fixing the amount of such bond shall specify in two separate items the aggregate amount of the bonds so made up, designating one sum as the amount to indem- nify the county, and the other to indemnify the state for any losses incurred by reason of failure to comply with the provisions of all laws regulating his duty. Sec. 194. FEES TO COUNTY TREASURER.— County treasurers shall be entitled to a fee of one-half of one per cent on each dollar collected or received and remitted by them in payment of principal or in- terest, fines, penalties and damages on state lands, which fee shall be payable from the general fund of the class of lands on which payment is made to such treasurer, and such fee shall be paid to the county treasurer on vouchers countersigned by the county auditor and approved by the commissioner of univer- sity and school lands and such approved vouchers shall be paid out of any appropriation for the expenses of appraisement and sale of such lands. Compensation of treasurer. Returns from county audi- tor. Sec. 195. DUTY OF COUNTY AUDITOR.-- The county auditor shall, at the time he is required by law to return abstracts of settlement to the state auditor, also forward to the land commissioner all du- plicate or triplicate receipts of principal, interest, pen- alty or rental on state lands, with a certified statement of such collection by the county treasurer, specifying the amount of each item; and he shall also make such return at any other time as may required by the board of university and school lands. Sec. 196. LIST OF LANDS SOLD TO BE commissioner FURNISHED COUNTY TREASURER.— On or H^^f'^^,^,. before the first day of December in each year the com- urer with list missioner shall cause to be made out and transmitted of lands sold. 186 GENERAL SCHOOL LAWS to county treasurers a statement showing the lands sold in their respective counties, the number of the contracts of purchase, the name of the person to whom each contract was issued, and the amount of both prin- cipal and interest due on each on the first day of January, together with such directions, instructions and blanks as shall enable the county treasurers to carry out the provisions of this article. Sec. 197. TOWNSHIP ASSESSORS TO EX- AMINE STATE LANDS.— It shall be the duty of all township and district assessors, whenever required by the commissioner to examine and report on any lands designated to them by him, in the manner and form prescribed bv him, and for such examination they shall be paid at the rate of three dollars per day for time actually engaged, upon vouchers approved by the commissioner. Assessors to examine lands. compensation. Records to be denosited with commissioner. Permanent fund. General fund. Limitation on sale of lands. Sec. 198. TRANSFER OF RECORDS TO COM- MISSIONER. — All abstracts and conveyances of title to the state of North Dakota whether the said lands are held for penal, educational, charitable, school or other purposes, shall be, by those in whose charge such conveyances now are or may come, deposited with and remain in the control of the commissioner of university and school lands. Sec. 199. PERMANENT AND GENERAL FUNDS. — The principal accruing from all sales of school, university or other state lands under the con- trol of the board of university and school lands, as provided for in this article, shall become a part of the several permanent funds to which they respectively be- long and shall not be reduced by any means Vv^hatever. All moneys received as interest, for rents, penalties permits or from any source other than from the prin- cipal of sales shall become a part of the general or current funds to which they respectively belong and shall be distributed as directed by law. Sec. 200. QUANTITY OF LANDS TO BE SOLD. — No more than one-fourth of the common school lands of the state shall be sold within the first five years after they become saleable under the pro- visions of section 155 of the constitution, nor more than one-half of the remainder within ten years after the same become saleable as aforesaid. The residue may be sold at any time after the expiration of such STATE OF NORTH DAKOTA 187 ten years ; provided, however, that the coal lands of the state shall not be sold, but may be leased under the provisions of any law governing such leases. The words "coal lands" include lands bearing lignite coal. Sec. 201. EXPENSES OF SALE. HOW PAID. — The expenses of publishing notices of the sale of the university, school and all other public lands of the statp shall be paid by the state treasurer upon the war- rant of the state auditor out of the general or current funds of the different institutions as designated in sec- tion 199, and such expenses shall be apportioned ac- cording to the receipts credited each fund from pro- ceeds of each and every sale. All bills for such pub- lishing shall be verified by the publisher and approved by the board of university and school lands. There is hereby annually appropriated out of any funds in the treasury not otherwise appropriated, the sum of four thousand dollars, or so much thereof as may be found necessary, for the purpose of paying the expense of appraising, advertising and selling common school, institution or other lands, under the control of the board of university and school lands. Expenses- paid. -how Article 4. — Lease of School Lands. Sec. 202. LANDS SUBJECT TO LEASE. — All the common school lands and all other public lands of the state that are not of such value as will admit of appraisal at ten dollars or more per acre, at the time of any regular appraisal, may be leased ; provided, that no leases can be granted for a period longer than five years, and only for pas- turage and meadow purposes, and at a public auction after notice as hereinafter provided ; provided, further that all of such school and public lands now under cultivation may be leased at the discretion and under the control of the board of university and school lands for other than pasturage and meadow purposes until sold ; provided, further, that in case of a sale of the land so leased during the term of the lease, the lessee to be given ninety days' notice, and provided, further, that at the expiration of said lease or within ninety days of the date of receiving the aforesaid notice, the said lessee may remove from said lands so leased, all fences, sheds, water tanks, wind mills, etc., used upon said lands by said lessee. All rents shall be paid annu- ally in advance. Leasing of i cultivated school lands. 188 GENERAL SCHOOL LAWS Leasing of cultivated lands. Sec. 303. MAY LEASE CULTIVATED LANDS. —The commissioner of university and scliool lands is hereby authorized and empowered to lease cultivated school and institution lands in the several counties of the state for the period of two years for the purpose of summer-fallowing the first year and cropping the next, when in his opinion it is necessary so to do in order to clear the same of noxious weeds, said lessee to pay only one years rent for the same. When any lands are leased as above provided the party so leasing the same, before lease is approved by the board of university and school lands, shall pay to the county treasurer of the count}^ in which the land is situated the total amount of rent therefor. Should the lessee so renting the land as above provided fail or neglect to summer-fallow the same at the proper time, the board of university and school lands in their discretion may declare the lease canceled and the amount paid thereon will thereby become forfeited. Sec. 204. APPRAISAL FOR LEASE BY COUNTY BOARD.— It shall be the duty of the coun- ty board of appraisers, each and every year if so ordered, to appraise in the same manner as all other lands that are listed for taxation are appraised, all the common school and other public lands of the state in their respective districts that may be included in the order, making a return of all such appraisals to the board of university and school lands in the form pre- scribed on blanks furnished by the board ; such returns to be made on or before the first day of- July of the same year ; and for any services performed as required by this article they shall be paid at the rate of three dollars per day, to be paid by the state treasurer out of the funds appropriated for the current expenses of such board. It shall be the duty of the board- of uni- versity and school lands to equalize the appraisements so returned as to counties bv adding thereto or taking therefrom such a uniform percentage as may in its judgment seem proper and fair in order to arrive at a just and equitable equalization between the several counties, and upon such valuation so fixed the board of university and school lands are authorized to fix a per cent per acre as the minimum price at which the land can be leased ; provided, that the lowest price of lands leased for pasturage cannot be below one-half of one per cent of the average value in the county, and for any cultivated lands in the county the lowest price cannot be below two and one-half per cent of the Appraisal of lands by county board for purpose of lease. Compensation. Equalizing ap- praisements. Rates. STATE OF NORTH DAKOTA 189 appraised value of each cultivated tract. And when advertising the same for lease they shall set opposite each description the value thereof as equalized by them, w^hich valuation shall form the basis for leasing the same. Sec. 205. SELECTION OF LANDS FOR LEASE. — The board of university and school lands shall have the power, and it is hereby made its duty to select from the lands so appraised such tracts as in the judgment of the board can be leased with profit to the school and other permanent land funds of the state, or as the legislature may bv law order to be leased, and shall at such time as in its judgment is for the best interests of the state, proceed to advertise for lease and offer for lease, in each succeeding year, such lands as have thus been selected. Lands for lease — how selected. Sec. 206. ADVERTISEMENT FOR LEAS- ING.— All' such lands to be leased or offered for lease lying within the respective counties shall by the board of university and school lands be advertised for lease by publication once a week for not less than sixty days in some newspaper or newspapers of gen- eral circulation in the vicinity of such lands. Such advertisement shall contain the designation or proper description of each tract or parcel of land so to be leased, the appraised value of each tract and the per cent on such valuation fixed by the board as the mini- mum price at which such land can be leased and the terms of the lease. A copy of such advertisement shall also be posted in a conspicuous place at the court house of the county, and a notice of the time and place where the said lands are to be leased shall also be published for not less than sixty days in one news- paper at the seat of government by such board of university and school lands; provided, .that if in the opinion of the board there will not be sufficient of such lands situate in any county leased to warrant the expense of advertisement in a newspaper, by descrip- tion of each tract or parcel, the notice may be given by general advertisement. Sec. 207. MANNER OF LEASING. BY WHOM MADE. HOW CONDUCTED.— It shall be the duty of the commissioner of university and .'^chool lands or such other person as may be appointed by the board of university and school lands, to conduct the leasing of such lands in accordance with the pro- visions of this article and such directions as shall be Notice of leasing — how given. What_ shall contain. Notice posted. Leasing — how conducted and by whom. 190 GENERAL SCHOOL LAWS prescribed therefor by the board; provided, that the leasing shall be at public auction to the highest bidder at the court house or place where terms of the district court are held, commencing on the day specified in the advertisement for such lease and between the hours of ten o'clock A. M. and five o'clock P. M. to con- tinue from day to day until all tracts or parcels of land, advertised for lease shall have been leased or offered for lease; but the time for leasing the same shall not exceed ten days in any county, except that an adjourn- ment may be made over the Sabbath or any legal holi- day. In counties where a large number of tracts of land are to be leased the land situated in certain town- ships may be designated in the advertisement to be leased on certain specified days and in such case such lands shall be leased or ofTered for lease on such speci- fied days, or for want of time for the leasing or offer- ing for lease of all such designated lands the leasing of those unoffered may be adjourned until the following day or days, when they must be the first lands offered for lease. Such lands as shall not have been specially subdivided shall be leased or offered for lease in tracts of one-quarter section each, and those so subdivided in the smallest subdivision thereof. Notice must be given when the land is offered that all bids are subject to approval of the board. At the time of offering the lands for lease the county auditor of the county shall act as clerk, and it shall be his dutv to make report thereof; stating the terms of such leasing, as ds pre- scribed in section 174 for making reports of sales. County auditor clerk. Highest bidder must deposit amount of bid. Next bid ac- cepted when. Lease — ad- journment of. Sec. 208. BIDDERS TO PAY FIRST YEAR'S RENT AT TIME OF LEASING. PROVISIONS FOR FAILURE TO PAY.— The highest bidder for any parcel of land shall at once deposit the amount of his bid with the county treasurer, who shall act as treasurer of said leasing, failing to do which the bid of the next highest bidder shall be accepted under like conditions ; provided, his bid shall not be less than the minimum price as fixed under and in pursuance of section 201. Sec. 209. ADJOURNMENT OF LEASE.— Whenever the board of university and school lands finds that the interests of the state will be subserved by the adjournment of the time for offering lands for lease, the authority conferred by section 172 for ad- journment of sales ds made applicable to the leasing of lands. STATE OF NORTH DAKOTA 191 Sec. 210. APPROVAL OF LEASE AND EXE- CUTION OF CONTRACT FOR LEASE. THE BOARD OF UNIVERSITY AND SCHOOL LANDS TO HAVE POWER TO LEASE TO APPLICANTS IN CERTAIN CASES.— Immedi- ately upon receipt of the report of the county auditor as required by this article, the board of university and school lands shall approve and confirm the lease of all such tracts as in its judgment should be made, and shall at once certify a list of the approved leases to the com- missioner, who shall without delay execute duplicate contracts of lease in the form prescribed by the board, and forward to the lessee a copy marked "duplicate," the "original' being filed in the office of the commis- sioner, who shall also forthwith certify to the auditor of the proper county, a list of such leases as have been approved by the board. In case any of the lands in any county remain unleased after the date adver- tised for the leasing, the board shall have authority to make contracts of lease for said lands to the first ap- plicant therefor at not less than the minimum price thereof. Approval of lease. Contract. M^hen board may lease. Sec. 211. LESSEE NOT TO DESTROY TIM- BER. — No lessee of any of the common school or public lands of the state, or his heirs or assigns, shall cut down or take away from such tract any timber, trees or wood, or sufifer or cause the same to be done by any person, except that such lessee may cut down or use such amount of dead or prostrate trees, or timber as may be sufficient to supply him with fuel for his family, or the families of his employes actually residing upon said tract, and further, that such lessee, his representative or assigns may, during his term or within a reasonable time thereafter remove any pump, curbing, fencing, or any other improvement he may have placed thereon or received from any preceding occupant or lessee of the land. Any lessee violating the provisions of this section shall forfeit his lease and all rights and interests thereunder, and shall be liable to the state for damages sustained by the state by rea- son thereof and shall be guilty of a misdemeanor. Sec. 212. LESSEE NOT TO BREAK UNCUL- TIVATED LAND.— No lessee, or the heirs or as- signs of any lessee, of any of the common school or public lands of this state, leased for meadow or pas- turage purposes, or of school or public lands leased for the purpose of cultivation, which may contain any uncultivated or unbroken land, shall break, plow or Timber — what lessee may use. Removal of improvements. Penalty for violation of law. Uncultivated land must not be broken. 192 GENERAL SCHOOL LAWS cultivate any unbroken land on any tract so leased, or cause or' suffer it to be done by any other person. And any lessee, or his heirs or assigns, who shall vio- late the provisions of this section shall incur the same forfeitures and liabilities as are provided in the preced- ing section, and shall also be guilty of a misdemeanor. Penalty. Hay— when may be cut. Authority of Doard over hay and timber. Trespass — action for. Sec. 213. • HAY NOT TO BE CUT BEFORE JULY FIRST. — No lessee or his heirs or assigns, shall mow or cut for hay or feed any grass on any unbroken land, or cause or suffer the same to be done by any other person prior to the first day of July in any year. And any lessee or his heirs or assigns, who shall vio- late the provisions of this section shall incur the same forfeitures and liabilities as are provided in section 211, and shall also be guilty of a misdemeanor. Sec. 214. BOARD OF UNIVERSITY AND SCHOOL LANDS TO GRANT PERMITS TO CUT HAY AND REMOVE DEAD AND DOWN TIMBER. — The board shall have authority, when in its judgment it is for the best interests of the state so to do, to sell the right to cut grass on any of the public lands of the state and sell any down and dead timber on said lands for such price, terms and conditions as they may think proper, but no- dead timber, if stand- ing, shall be deemed to be included in the sale unless expressly so specified in the permit. All such permits shall only be for the current season and between the fifteenth day of June and the first day of April of the followina: year ; and no control of rights of occupancy of said land shall be other than what is specified in such permit ; said permit shall be sold by the several county treasurers, whose duties and compensation shall be prescribed by the board of university and school lands, but said compensation shall be based upon a percent- age of amounts of money collected and remitted to the state treasurer from said sale of grass and timber in their respective counties. All permits shall be paid for in advance. Sec. 215. TRESPASS UPON PUBLIC LANDS. CIVIL ACTION FOR.— Whoever commits any tres- pass upon any of the lands owned, or held in trust, or otherwise by the state shall be liable in treble dam- ages in an action to be brought in the name of the state, if such trespass is adjudged to have been willful ; but single damages only shall be recovered in such ac- tion if such trespass is adjudged to have been casual and involuntary. STATE OF NORTH DAKOTA 193 Sec. 216. BOARD EMPOWERED TO LEASE. — The board of university and school lands is hereby authorized and empowered to lease for coal mining purposes any lands under its control designated as common school lands and all other public lands of the state owned or held in trust by the state or granted to anv n ! He institution of the state, which contain coal including therein lignite coal. Any lease so made shall be for such period of time as such board may determine. Lands may be leased for mining pur- poses. Price to be paid. Sec. 217. HOW ADVERTISED.— The manner of Manner of advertisnig and' of leasing such lands for coal mining ^^^"^s- purposes and approval and execution thereof, shall be the same as provided in sections 206, 207 and 210. ■ Sec. 218. MINIMUM PRICE.— Such lands shall not be leased for coal mining purposes for a less sum than ten cents per ton of 2240 pounds for each and every ton of coal mined thereon ; provided, that no lease of any such land for such purpose shall be made for less than $10 per annum for each and every forty- acre tract or fraction thereof, it being expressly pro- vided that at the time of the making and execution of such lease and annually thereafter, there shall be paid by the lessee an amount equal to $10 for every forty-acre tract of land so leased or any fraction there- of to the person and in the manner prescribed herein or by the rules and regulations of the board of uni- versity and school lands ; it being further provided that upon such lessee mining any coal or lignite coal there- on during a period of one year from and after the date of such payment, such lessee shall have credit upon the amount due under the terms of such lease on tonnage for the amount paid at the execution of such lease or at the time of the annual payment there- after made as hereinbefore provided ; the amount re- ceived for the lease of any such land for coal mining purposes to be used in the same manner and for the same purpose as is provided for other money received for the lease of common school and other public lands. Sec. 219. BOARD AUTHORIZED TO MAKE RULES. — The board of university and school lands is hereby authorized to make such rules and regula- tions as shall be by it deemed necessary for the manner of determining the amount of rent due under any such lease, the manner and time of payment and for such other conduct of the business of such leasing not in conflict with the provisions of the law now in force. Rules for de- termining ren- tal. School Laws — 13 194 GENERAL SCHOOL LAWS Right to rent surface to be reserved. Sec. 220. LEASE NOT TO INTERFERE WITH RIGHTS TO LEASE FOR PASTURE OR MEADOW. — The leasing of any such land for coal mining purposes shall not interfere with the right and authority of such board to lease .the same land for pas- ture or meadow purposes, and each and every lease so made for coal mining purposes shall contain therein a provision plainly and explicitly reserving to such board the right to so rent such lands for pasture and meadow purposes without such renting in any man- ner affecting the conditions or terms of such lease for coal mining purposes, and reserving to the said board the right to use, occupy and lease the surface of all such lands ; provided, that any such lessee for coal mining purposes shall have the right to the use and occupancy of so much of the surface of such lands as may be necessary for entry, dumps, buildings, tram- ways or other railways, roadways or uses in the min- ing, storing and shipping of coal mined thereon. Exception. Restrictions. Schedule of lands. Mining with- out lease — pen- alty for. Sec. 221. LEASING RESTRICTED.— No leases shall be made of any such lands having coal or lignite coal thereon for pasture or meadow purposes, except there shall be contained in such lease a provision au- thorizing the leasing of the same land for coal mining purposes and reserving to the said board the right to use and occupy, or lease for use and occupancy, and authorizing the use and occupancy of so much of the surface of said land as shall be required by any lessee of the same for coal mining purposes, for the use and purposes set forth in section 220. Sec. 222. BOARD TO MAKE SCHEDULE OF LANDS. — The board of university and school lands shall, as soon as possible, and by the best means at its command, and with the assistance of the state geolo- gist, proceed to ascertain and determine the quantity and description of all common school or other public lands under its control, on which coal or lignite coal exists, and make and compile a statement and schedule of all such lands. Sec. 223. PENALTY FOR VIOLATION.— Any person, fu^m or corporation who shall mine, remove or cause to be mined or removed, from any common school land, or other public lands of the state, any coal or lignite coal, except the same shall be so mined or removed under ajid by virtue of the terms of this act, shall be liable to the state of North Dakota in damages in the sum of one dollar for each and everv STATE OF NORTH DAKOTA 195 Willful pass. What is. Penalty. ton of coal or lignite coal so mined and removed, and shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred and lifty dollars, nor more than one thousand dollars, or by imprisonment in the county jail for not less than thirty davs nor more than one year or by both such fine and imprisonment ; each and every day or fraction of a day so occupied in mining or removing such coal or lignite coal from any such land, is hereby declared to be a separate ofifense against the provisions of this act. Sec. 224. WILLFUL TRESPASS. PENALTY. — Whoever commits any willful trespass upon any of the lands owned or held in trust or otherwise by this state, either bv cutting down or destroying any tim.ber or wood standing or growing thereon, or by carrying away any timber or wood therefrom, or by mowing or cutting or removing any hay or grass standing or growing or being thereon, or who injures or removes any buildings, fences, improvements or other property belonging or appertaining to said land or unlawfully breaks or cultivates any of said lands or aids, directs or countenances such trespass or other injury shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the coun- ty jail not more than one year, or by fine not exceed- ing five hundred dollars, or both such fine and im- prisonment, in the discretion of the court. And who- ever is occupying, residing upon or in possession of any school or other public lands owned or held in trust or otherwise by the state at the time of the passage, approval and taking effect of this act without a valid lease therefor shall be deemed and held to be a willful trespasser thereon, and guilty of trespass upon such land, and upon conviction thereof shall be punished as provided for in this section for any other act of trespass. Sec. 225.. PROPERTY TO BE SEIZED.— In addition to the penalties provided for in this article against those committing trespass upon any of the lands owned or held in trust or otherwise by this state, the commissioner is authorized and empowered with- out legal process to seize and take, or cause to be seized and taken any and all timber, grass, wood or other property unlawfully severed from such lands, whether the same has been removed from such lands or not, and may dispose of the property so seized and taken, either at public or private sale, in such manner as will Willful tres- passer — v/ho Property sev- ered from nub- lic land to be seized. 196 GENERAL SCHOOL LAWS be most conducive to the interests of the state ; and all moneys arising therefrom after deducting the reason- able and necessary expenses of such seizure and sale shall be made a part of the general fund belonging to the public lands and shall be distributed in accordance with the provisions of this article. Sec. 2m. DAMAGES.— All damages recovered for any trespass, or other injury upon or to any of the lands mentioned in this article, shall be paid over to the state treasurer for the benefit of the general fund to which the same properly belongs. Proceeds to to general fund. Damages go to p-eneral fund. State's attorney- shall prosecute trespassers. Appropriation for leasing lands. Fees. Must be paid in advance. Sec. 327. STATE'S ATTORNEY TO PROSE- CUTE AND REPORT.— The state's attorneys of the several counties shall promptly report to the commis- sioner all cases of trespass committed upon such lands, which may come to their knowledge, and shall, when directed by the attorney general, prosecute all actions for any trespass or injury thereto, or for recovery of possession thereof, or otherwise. Sec. 228. EXPENSE OF ADVERTISING AND LEASING. — There is hereby annually appropriated out of any funds in the treasury not otherwise appro- priated the sum of two thousand dollars, or so much thereof as may be found necessary, for the purpose of paying the expense of advertising the common school lands for lease and the attendant expense of leasing the same. Sec. 229. FEES FOR SERVICE. DUTY OF COUNTY TREASURERS.— It shall be the duty of the commissioner of university and school lands to charge and collect the following fees : For each one year lease of school or other state lands, $1.50. For each lease for a period of more than one year, $3. For each contract for lands purchased, $5. For each patent, $5. For approving and recording each assignment of school land contract, $5. For fur- nishing certified copies of school land contracts, $3. All fees must be paid in advance and when collected must be paid into the state treasury at the end of each month and be placed to the credit of the expense fund of the board of university and school lands. It shall be the duty of the county treasurer of any county where any such lands are leased or sold to collect the fees hereinbefore provided for at the time the first payment thereon is made for leases and contracts of sale and transmit the same to the commissioner on the first day of each month. STATE OF NORTH DAKOTA 197 Sec. 230. APPROPRIATION FOR EXPENSES OF BOARD. — There is hereby annually appropriated out of any funds in the treasury not otherwise appro- priated the sum of five thousand dollars or so much thereof as may be found necessary, for the salaries and expenses of the commissioner of university and Expenses of school lands, clerk hire, record books, blanks and all \°.fl^~ fo^/"°' such other expenses as shall be necessarily incurred by the board of university and school lands in carry- ing- out the provisions of this article, and such expenses shall be paid out of the treasury, and upon satisfactory vouchers therefor the state auditor shall issue his war- rant for the same. 198 GENERAL SCHOOL LAWS APPENDICES APPENDIX A SPECIAL LAWS. The following special laws enacted by the legislative assembly from 1877 to June 20, 1886, pertaining to the organization and government of independent school districts and acts amendatory thereof are in full force and effect, towit : (a) "An act providing a board of education for the city of Fargo, Dakota Territory, and regulating the management of the public schools therein," approved February 20, 1879. (b) 'An act providing for a school board for the city of Lis- bon, and for other purposes," approved March 13, 1885. c) "An act to create certain territory now within the school township of Brightwood, Richland County, Dakota Territory, as an independent school district. No. 1 (Hankinson), Richland county, Dakota Territory," approved March 13, 1885. (d) 'An act establishing the independent school district of Wal- cott, Richland county, Dakota territory," approved March 13, 1885. All other special and private laws pertaining to the establishment and management of schools in that portion of the territory of Dakota which now constitutes the state of North Dakota, have expired by their own limitation, or otherwise. APPENDIX B STATUTES NOT INCLUDED IN SCHOOL LAWS. PENALTY FOR FAILURE TO MAKE REPORTS. Sec. 377. PENALTY FOR FAILURE TO MAKE RE- PORTS. — Any public officer who is required to make an official report to any other officer, or board, who willfully neglects to make such report at the time and substantially in the manner required by STATE OF NORTH DAKOTA 199 law, shall forfeit and pay to the state a penalty of not less than twenty dollars nor more than five hundred dollars, to be recovered from such delinquent officer, or from him and the sureties upon his official bond. Sec. 378. ATTORNEY GENERAL TO PROSECUTE.— Upon the willful neglect of any public officer to make any report required by law it shall be the duty of the officer or board to whom such report should be made promptly to notify the attorney general of such failure to report, whose duty it shall be to investigate the neglect of duty complained of ; and, if in his opinion, the officer has not a sufficient excuse for such failure, the attorney general shall prosecute such officer for the recovery of the penalty above provided. FILING BOND OF TREASURER. Sec. 409. BONDS OF TOWNSHIP AND SCHOOL DIS- TRICT OFFICERS.— It shall be the duty of each county auditor on or before the first day of March in each year to procure the proper blank bonds and send them to the clerk of each township and school district, and all such officers required by law to give bonds shall procure such bonds from the proper clerk; and shall imme- diately after the execution and approval thereof hand the same to the clerk of the township, whose duty it shall be forthwith to file such bonds, except those of justices of the peace, with the county auditor, and the county auditor shall on receipt thereof examine such bonds and see that they are properly executed and, if he finds that any bonds are not executed according to law, he shall note thereon any errors and return them to the clerk for correction, and it is hereby made the duty of the clerk to have such bonds corrected forthwith and return the same to the county auditor. The county auditor shall not issue any order upon the county treasurer for funds or money belonging to a civil township or school district to any person as treasurer of such township or school district until his bond has been filed as in this section provided. BONDS. Sec. 2979. BONDED INDEBTEDNESS, FOR WHAT IN- CURRED. LIMIT OF. — Any city or municipal corporation in this state may incur a bonded indebtedness for the purpose of erecting public school buildings and other buildings for city purposes, pur- chasing fire apparatus, putting in waterworks, sinking public wells, or cisterns and putting in sewers and improving streets, which said indebtedness, together with the indebtedness which then exists shall not, except as otherwise provided, exceed five per cent of the assessed valuation of the taxable property _ in such city or municipal corporation as shown by the return of the assessor for the year next preceding the time at which such indebtedness shall be incurred. 200 GENERAL SCHOOL LAWS Sec. 2980. BONDS, HOW ISSUED. ELECTION.— The bonds issued for the purposes mentioned in the last section shall be issued by the city council or board of trustees of any city or municipal corporation only upon a majority vote of the qualified electors of such city or municipal corporation voting thereon at an election res:ularly called for that purpose and in accordance with the provisions of the charter of such city or municipal cor- poration governing the issuance and sale of bonds ; provided, that in all cities and municipal corporations where the charter does not provide for the manner of calling and holding an election for the purpose aforesaid, a special election shall be called and held as herein provided, or such question may be submitted at any annual election. The city council or board of trustees a;t any regular meet- ing thereof may decide to call a special election to vote bonds for any of the purposes stated in section 2979, and they shall give at' least fifteen days.' public notice of such election by at least two publi- cations thereof in a weekly newspaper published therein, or if there is no such newspaper then by posting such notice in five public places in such city. Such notice shall state the amount and denomi- nation of the bonds to be voted for, the rate of interest thereof, the purpose for which such bonds are to be issued, the form of the ballots to be used and the time and place of holding such election. The judges and clerks shall be appointed and the election shall be conducted as provided by the charter of said city for conducting annual elections, and the returns shall be canvassed and in like man- ner returned. This article shall not be construed to limit or restrict the powers already conferred by any special charter upon any council of any city or municipal corporation. The bonds voted as provided for in this article shall be sold at not less than par value. Sec. 2988. BONDS MAY BE REFUNDED.— All bonds here- tofore issued by any city or by or under the authority of the board of education of any city in this state for school or school house purposes may be refunded in the discretion of said board in the manner hereinafter provided, whenever there is not sufficient money in the treasury of such city applicable thereto, to pay such bonds. Sec. 2989. 'DENOMINATION OF BONDS.— Said bonds shall be in denominations of not less than one hundred nor more than one thousand dollars, shall be numbered consecutively from one upward, shall bear the date of their issue, shall be made payable to the purchaser or bearer, shall be payable ten years from date, and shall bear interest at a rate of not exceeding seven per cent per annum payable annually, with interest coupons attached, and prin- cipal and interest shall be made payable at such place as may be designated by the board of education. The bonds and each coupon shall be signed by the mayor and attested bv the city clerk or auditor under the seal of the city. Said bonds shall be printed, engraved or lithos:raphed on bond paper, and a dulv authenticated copy of this article shall be printed on the back of each bond. STATE OF NORTH DAKOTA 201 Sec. 2990. BOARD OF EDUCATION TO LEVY TAX.— The board of education shall levy each year upon the taxable prop- erty of such" city a tax sufficient to pay the interest on said bonds as the same accrues, and after five years from the date of said bonds an annual sinking fund tax sufficient for the payment of said bonds at maturity, which taxes shall become due and be collected the same as other city taxes. Sec. 2991.. BONDS, HOW EXECUTED.— The refunding of indebtedness and the issuance of bonds provided in this article shall be under the control and direction of the board of education, and a resolution of said board directing the execution of such bonds and specifying the number and amount of each bond shall authorize and require the mayor and city clerk or auditor to execute the same in the manner herein provided, and deliver the bonds so executed to the board of education who shall provide for the sale and negoti- ation thereof or . for the exchange of said bonds for outstanding bonds authorized to be refunded tuider this article, as they may deem best ; provided, that such refunding bonds shall not be sold or ex- changed at less than par value. Both principal and interest of said bonds shall be paid by the city treasurer by warrants drawn upon the funds created therefor and issued under the direction of the board of education. A duly certified copy of the resolution of the board of education authorizing and directing the execution of such bonds by the mayor and city clerk or auditor shall be printed on the back of each bond. A register of all bonds so executed shall be made by the city clerk or auditor and kept in his office as a public record, showing the number, date, amount, interest, name of payee and when and where payable, of each and all bonds executed under the provisions of this article. And after such outstanding bonds shall have been so refunded the same shall be placed in the hands of the city clerk or auditor after having had first marked across the face thereof in red ink the words "refunded bond ;" and the city clerk or auditor shall thereupon make a record of each bond in the same manner provided herein for bonds issued under this article and at the next regular meeting of the council shall cancel and burn said bonds in the presence of the city council and make a record of such action in the proceedings of the council. Sec. 3000. INTEREST FUND.— Any city, town or village in this state having not less than three thousand inhabitants is author- ized and empowered through its proper officers to levy and collect taxes not exceeding twelve mills on the dollar of the assessed valu- ation of said city, town or village, for the purpose of creating an interest fund' with which to pay interest upon the existing bonded indebedness of such municipality, including bonds, if any, issued under the direction of the respective boards of education therein. If any officer of such municipality shall use the moneys collected by virtue of this section for any other purpose than that expressed herein, he shall be guilty of a misdemeanor, and upon conviction 202 GENERAL SCHOOL LAWS thereof shall be fined not less than one hundred nor more than five hundred dollars or imprisonment in the county jail not less than thirty days nor more than one year. Sec. 3001. SINKING FUND.— They may also levy and collect taxes not exceeding four mills on the dollar for the purpose of creating a sinking fund to pay the bonds of the municipality as the same may mature ; and the proper officers of the municipality may invest the money in said fund in interest bearing securities of the state or of any organized county therein or of the munici- pality, and shall in no other manner dispose of the money in said fund, and if any officer of such municipalities shall use the money in said fund in any other manner than as provided in this section he shall be guilty of a misdemeanor. BONDS FOR LABOR AND MATERIAL FOR PUBLIC BUILDINGS. Sec. 6252. BONDS FROM CONTRACTOR ON PUBLIC IMPROVEMENTS.— It shall be the duty of every public officer or board authorized to enter into a contract for the erection, repair, alteration or betterment of any public building or any other public improvements before entering into any such contract, to take from the contractor a good and sufficient bond for an amount at least equal to the price stated in the contract, conditioned to be void if the con- tractor and all subcontractors shall pa}^ all bills and claims on account of labor or materials furnished in and about the performance of said contract, including all demands of subcontractors, said bond to stand as security for all such bills, claims and demands until the same are fully paid. The obligee in said bond shall be the state of North Dakota ; but any person having any lawful claim against the contractor, or any subcontractor, on account of labor or mate- rials, or both, furnished in and about the performance of said con- tract, may institute an action to recover the same in his own name upon said bond ; in the same manner and with like effect as though the said bond were made payable to him. Sec. 6253. PERSONALLY LIABLE FOR BILLS.— Any offi- cer and the members of any board who shall fail to take such a bond before entering into such a contract shall be personally liable for all such bills, claims and demands which shall not be paid within thirty days after the completion of the work. Sec. 6254. SURETIES. — When the penal sum of said bond is five thousand dollars or under, the same shall be signed by at least two sureties, each of whom shall justify in the full amount of said bond. When the penal sum of said bond is in excess of five thou- sand dollars and not greater than twentv thousand dollars, said bond shall be signed by at least four sureties, who shall justify in the amount thereof. And when said penal sum is in excess of twenty thousand dollars and not greater than fifty thousand dollars, said bond shall be signed by at least eight sureties, each of whom shall STATE OF NORTH DAKOTA 203 justify in at least one-half the amount of said bond; but it shall be sufficient in any case if said bond is signed by a reputable surety company authorized to enter into such an obligation. Sec. 6255. BOND SHALL BE FILED.— Before said contract is entered into, said bond, duly signed and acknowledged, with the proper affidavits of justification attached thereto, shall be filed in the office of the clerk of the district court of the county in which such conract is to be performed, and approved by said clerk, to be kept as one of the permanent records of the office. SPECULATION IN OFFICE PROHIBITED. Sec. 9402. UNLAWFUL PURCHASERS BY SCHOOL DIS- TRICT OFFICERS. — Every person who while an officer of any school district or corporation, or deputy or clerk of such officer, directly or indirectly, buys or traffics in or in anywise becomes a party to the purchase of any school warrant, order or scrip, or any bill, account, claim or evidence of indebtedness against his school district or corporation, for any sum less than the full face value thereof, is guilty of a misdemeanor, and upon conviction there- of is punishable by a fine of not less than fifty and not exceeding five hundred dollars. appi:ndix c DIGEST OF DECISIONS OF SUPREME COURT. CONTRACTS. 1. Bonds. (a) Consideration— Want of, cannot he shown as against a bona Ude purchaser. — The auditing, by the committee, of claims against the district, and the vote of the district to pay such claims, and the issue of bonds accordingly, precludes any inquiry as to the validity of such claims ,as a consideration for such bonds, as against a bona fide purchaser of such bonds. Flagg vs. School District No. jo, 4 N. D. ^0. Flagg vs. School District No. 70, 5 N. D. ipi. (b) Issuance of Bonds — Strict- Compliance with Statute. — Where a statute authorizes the issue of municipal bonds payable in not less than 10 years from date, bonds issued thereunder, payable in 11 days less than ten years from date, are void, even in the hands of a bona fide purchaser. People's Bank of St. Paid vs. School District No. ^2, 5 A''. D. 496. 204 GENERAL SCHOOL LAWS (c) Invalid Bonds — Municipality Otherzvise Liable. — The in- validity of such bonds does not affect the habiHty, if any, of the municipaHty, independently of the bonds. People's Bank of St. Paul vs. School District No. 52, 5 N. D'. 496. (d) Provision for Exchange Does Not Destroy Negotiability. — An instrument providing for the payment of exchange on a point other than the place of payment, in addition to the principal and interest, is not a negotiable instrument ; and one who purchases the same before maturity, for value, and without notice of any defense thereto, nevertheless, takes it subject to the defense of want of con- sideration good as between the original parties to the instrument. Flagg vs. School District No. yo, 4 N. D. 50. (e) Recitals in Bonds — Estoppel to Dispute. — Municipal corpo- rations are estopped, as against bona fide holders of municipal bonds, from setting up as a defense to an action thereon that all the pre- liminary steps necessary to authorize the issue of the bonds were not taken, when the officers who have charge of the issue of such bonds are especially or impliedly authorized to determine whether all the conditions precedent to the issue of valid bonds have been complied with, and recite in the bonds so issued that they bave been complied with. Coler vs. Dzvight School Tozmiship, j N. D. 249. (f) Recital in Bonds — Non-Negotiable. — The right of a bona fide purchaser of municipal bonds to rely upon a recital or certificate as to facts which the person making the same had authority to deter- mine, does not depend upon the bond being a negotiable instrument. It exists in the case of a bona fide purchaser of a non-negotiable bond as well. Flagg vs. School District No. jo, 4 N . D. jo. It is not essential that the officer issuing the bonds should be ex- pressly authorized to determine such question, but it is sufficient if they are given full control in the matter. Coler vs. Dzvight School Tozmiship, j A^. D. 249. PROHIBITED CONTRACTS. (a) Prohibited Contracts, Retention of Frtiits of, Does Not Ren- der Municipality Liable. — Where a contract is expressly prohibited or declared void by statute, retention of the fruits of such contract will not subject a municipality to liability under the contract or on a quantum meruit. Goose River Bank vs. Willozv Lake School Tozvnship, i N. D. 26. Capital Bank of St. Paul vs. School District No. 53, i N. D. 479- STATE OF NORTH DAKOTA 205 II. Teachers, (a) Employment — Void ivithoiit Certificate. — A contract duly executed between the proper officers of a school district and another person, by the terms of which said person is employed as a teacher in a public school in said district, is void, where such person at the time of making the contract, holds no certificate of authority to teach in the county where the district is located. Hosmer vs. Sheldon School Disrict No. 2, 4 N. D. igy. (b) Certificate Will Not Relate Back. — The subsequent procure- ment of such certificate will not enable such person to recover against the district damages for the breach of such contract. Hosmer vs. Sheldon School District No. 2, 4 N. D. igy. III. Warrants. (a) Assignee — Bona Fide Purchasers. — As school warrants are not negotiable so as to cut ofif defenses an assignee cannot recover thereon as being a bona fide purchaser. Goose River Bank vs. Willoiv Lake School Township, i N. D. 26. Capital Bank of St. Paul vs. School District No. 55, i N. D. 479- People's Bank of St. Paul vs. School District No. 52, ^ N. D. 4p6. (b) Rights and Duties of Purchaser's of Warrants — Persons purchasing obligations apparently issued by municipal corporations must see that the powers of the corporation have not been exceeded. Farmers and Merchants' Nat. Bk. z^s. School District No. j^, 6 Dakota 2^j. The purchasers of school bonds, for value, and before maturity, and without notice that any of the conditions of the statute relating to the proceedings to authorize the issue of the bonds had not been complied with, could rely upon the certificate of the county clerk that the preliminary proceedings had been complied with. Flagg vs. School District No. jo, 4 N . D. 30. Where the statute provides that the bonds should not issue unless the title to the school site was in the school board, the certificate of the county clerk that such conditions as to title had been com- plied with was final as against the school district in favor of a bona fide purchaser. Flagg vs. School District No. JO, 4 N . D. 30. (c) Teachers WitJiout Certificates — Warrants Void. — No teach- er shall be employed to teach, who does not hold a lawful certificate ; and every warrant issued to such teacher is without- consideration and void. Goose River Bank vs. Willow Lake School Township, i N. D. 26. 206 GENERAL SCHOOL LAWS (d) Non-negotiable Warrants — School township warrants are xiot negotiable instruments in the sense that their negotiation will cut off defenses to them existing against them in the hands of the payee. Goose River Bank vs. Willow Lake School Township, i N. D. 26. OFFICERS. IV. Superintendent of Schools. County Superintendents — Compensation. — Sec. 652, Rev. Codes, which prescribes the salaries of county superintendents of schools, construed, and held, that said section requires the salaries shall be computed upon the basis of the number of schools or separate depart- ments of graded schools presided over by superintendents, which have been taught at least three months in the preceding year, and shall not be computed upon the number of schools which have been taught less than three months. This construction of said section is not of that doubtful character which would warrant the courts in following a contrary interpretation placed thereon by the depart- ment of public instruction. 'Wiles vs. Mcintosh, 10 N. D. 5^4. That portion of Section 652, Rev. Codes 1899, which provides that "in counties having sixty schools the board of county -commis- sioners shall appropriate one hundred dollars for clerical assistance in the county commissioner's office and five dollars for each addi- tional school to be paid monthly. * * *" construed. Held, That the appropriation required to be made by said section is not for the personal benefit of superintendents, but is to create a fund to pay the county's obligations to such clerks as shall be lawfully em- ployed in that office. Held, further, that said section does not make county superintendents custodians of such funds, or authorize them to audit the accounts of clerks which are to be paid therefrom. Such accounts are to be audited and paid the same as other accounts, the amounts of which are not fixed by law. Sate vs. Heinrich, 11 N. D. 31, 88 N. W. Rep. 732. SCHOOL DISTRICTS. V. Judgments. (a) Judgment Against School District — Enforcement. — Where a judgment is obtained against a school township organized under chapter 44 of the laws of ISSS, on an indebtedness of a school district for whose indebtedness such school township became liable under sec- tion 144 of such statute, the judgment creditor may proceed to en- force such judgment, the same as any other judgment against such school township. Coler vs. Chopin, — 7 A^. D. 418. STATE OF NORTH DAKOTA 207 (b) Mandamus to Compel Payment of Judgment. — Where a judgment is obtained against such a township on an indebtedness of a school district and subsequent to the entry of such judgment the township is divided into two school districts, the judgment cred- itors may proceed to enforce such judgment against such districts, and each will be required by mandamus to levy a tax sufficient to pay its pro rata share of such indebtedness, based upon the amount of its taxable property. Coler vs. Coppin. — lo N. D. 86. VI. Organization and Government of Schools. 1. POWERS AND DUTIES OF SCHOOL BOARDS. (a) Build School Houses and Issue Warrants — When. — ^Where the statute required that the voters of a school district should select a site for a school house, and the district, without this having been done, select it, built a school house and issued warrants therefor without the authority or ratification of the voters, the warrants were void. Farmers and Merchants Nat. Bk. vs. School District No. 55, 6 Dakota 2^5. (b) Contracts Ultra Vires — Ratification. — Where a contract is void because the district board has no authority to make it, it can- not be made binding upon the district by subsequent ratification by the inhabitants. Capital Bank of St. Paul vs. School District No. 55, i N. D. 4/p, distinguishing Capital Bank of St. Paul vs. School District No. 85, 6 Dak. 248. Farmers and Merchants' Na- tional Bank vs. School District No. 55^ 6 Dak. 2^^. (c) Limitation of Indebtedness. — The school board cannot ex- ceed the tax levied, in building a school house. Farmers and Merchants' Nat. Bk. vs. School District No. 55, 6 Dak. 2jj; Capital Bank of St. Paul vs. School District No. 85, 6 Dak. 248; Capital Bank of St. Paul vs. School District No. 5J, i N. D. 42Q. (d) School Board Responsible for Lost Funds. — Where bonds were regularly issued, but were delivered to a bank to be negotiated and sold, and the proceeds were "never turned over to the school township, the school board was wholly responsible for the loss. Prairie School Tozvnship vs. Haseleu, ^ N. D. ^28. (e) School Tozvnship Treasurer — Cannot Sell Bonds. — The school board is the official governing board of the school township and has full power and authority, to issue, negotiate, and sell bonds of the school township, as have been duly voted by the electors for the purpose of building a school house ; and that the township treas- urer acting independently, has no authority, under the law, and by virtue of his office as treasurer, to issue, negotiate, or sell bonds. Prairie School Tozvnship vs. Hasleu, j N. D. J28. 208 GENERAL SCHOOL LAWS (f) School House Site — Hozv Selected. — The district school board must submit the selection of site for school house, and the building of school house to the voters. Farmers and Merchants' Nat. Bk. vs, School District No. 53, 6 Dak. 255. 2. POWERS AND LIABILITIES OF -SCHOOL DISTRICTS. a) Boundaries of School Districts — How Changed. — When petitioned by a majority of the citizens of a district, it is the duty of the county superintendent to divide his county into school districts, subdivide and rearrange the boundaries of the same. Dartmouth Savings Bank vs. School Districts 6 Dak. JJ2. Upon organization into a civil township of a portion of the ter- ritory comprising a school township corporation, held, construing sections 658 and 659 revised codes, that such civil township continues until segregated therefrom by the commissioners and county super- intendent of schools, upon petition of the voters. State ex. rel. Laird vs. John Gang, 10 N. D. 551. - (b) Estoppel by Acts or Representations of Officers. — The offi- cers of a school township cannot estop the township, by representa- tion, expressed or implied, that the facts to authorize the issue of lawful warrants exist. Goose River Bank vs. Willow Lake School Township, I JV. D. 26. (c) Implied Powers. — School districts being special statutory creations, have only such implied powers as are necessary to accom- plish the purpose of their existence. Farmers and Merchants^ Nat. Bk. vs. Scliool District N'o. 53 , 6 Dak 255. (d) Organizatio7i — Estoppel to Dispute. — A school district is not estopped to question the legality of its organization. Dartmouth Savings Bank vs. School District, 6 Dak. j^2. (e) Organisation of District — Liability for Debts. — A school township organized under chapter 44, laws 1883, becomes, immedi- ately upon such organization, liable for the debts of the district, the school house and furniture of which becomes the property of the school township. This liability is complete, and does not depend upon the settlement of the equities between the several districts in- cluded in the new school tovv^nship, under sections 136, 138, chapter 44, laws 1883. Coler vs. Dzvight School Tozmiship, j TV. D. 24Q. Coler vs. Coppin, 10 N. D. 86. (f) Petition for Organisation of School District — Sufficiency. — The board of county commissioners having found that a certain peti- tion for the organization of a civil township contained the requisite number of legal voters, and having acted thereon by taking necessary STATE OF NORTH DAKOTA 209 steps to organize such township, the question as to the sufficiency of such position is not open to judicial investigation in mandamus proceedings to compel the calling of an election for school officers in such township. State ex. rel. vs. John Gang lo N. D. 551. (g) Special School District — Equalisation of Interests. — Where a school district is divided by the organization of a city or incor- porated town or village situated within said district, into a special school district, under the provisions of chapter 63 of the laws of 1890, the board of arbitration provided for by such chapter to equalize the interests of said districts must take into consideration the school building owned by the original district, and adjust the rights of the respective districts concerning the same. State ex. rel, vs. School District No. 21, 6 N. D. 488. (h) De Facto Corporations — Validity of Bonds. — In an action upon the coupons of bonds issued by a de facto school district, the defense that the bands were void on the ground that the district had no legal existence because of failure to comply with provisions of the statute regulating the organization of such districts in matters which went to the jurisdiction of the county superintendent to organize the district cannot be interposed. Coler vs. Wright School District, j N. D. 24P, Distinguishing Da}-tmouth Savi7igs Bank vs. School District, 6 N. D. 332 . VII. Payments. Public Funds — Voluntary Payment Can he Recovered Back. — Where overpayments, out of public funds, were made under a mis- take of facts, and were induced by plaintiff's false statements, they were not voluntary payments, and can therefore be recovered back by the county ; and that the doctrine of voluntary payment does not apply to payments from public funds by agents of municipal cor- porations whose duties and powers in reference thereto are limited and defined by law. Wiles vs. Mcintosh, 10 N. D. 594. OFFICIAL BONDS. VIII. Principal and Surety. Treasurer Liable on Official Bond — When. — Where bonds were not delivered to the treasurer for negotiation and sale an action will not lie against the ti;easurer or his sureties, on his official bonds for a breach of the conditions of such bond, which requires the treasurer CO account for and pay over all moneys and property which comes into his hands as treasurer. Prairie School Township vs. Haseleu, j N. D. 328. School Laws— 14 210 GENERAL SCHOOL LAWS APPENDIX D NOTES AND REFERENCES Note 1. Section 343 fixes the bond of the superintendent of public instruction at $5,000. Note 2. Section 343 fixes the bond of the county superintendent at $500. Note 3. Article 9 provides for the filling of vacancies. Section 359 provides when vacancies occur. Sec. 359. VACANCIES, HOW CAUSED.— Every office shall become vacant on the happening- of either of the following events : 1. Death of incumbent. 2. His insanity judicially determined. 3. His resignation. 4. His removal from office. 5. His failure to discharge the duties of his office, when such failure has continued for sixty consecutive days, except when pre- vented from discharging such duties by sickness or other unavoid- able cause. 6. His failure to qualify as provided by law. 7. His ceasing to be a resident of the state, district, county or township in which the duties of his office are to be discharged, or for which he may have been elected. 8. His conviction of a felony or any offense involving moral turpitude or a violation of his official oath. 9. His ceasing to possess any of the qualifications of the office pre- scribed by law. 10. The decision of a competent tribunal declaring void his elec- tion or appointment. See also section 863. Temporary absence from the district for which the officer is chosen does not work a forfeiture of the office. The failure to elect a successor in office does not create a vacancy. Note 4. Section 775 does not confer upon the county superin- tendent authority to take acknowledgements. Note 5. COUNTY SUPERINTENDENT, SALARY OF.— In determining the salary of the county superintendent that officer is entitled to include the actual number of schools or separate depart- ments in graded and high schools over which he has general super- intendence, or official supervision {See Sections ydf, and 778.) The fact that a county superintendent becomes personally respon- sible for the accounting from special and independent districts as to reports of clerks and treasurers, which must be filed in his office for the purpose of statistics and the apportionment of the state school fund, docs not, of itself, constitute "general superintendence" or "official supervision." STATE OF NORTH DAKOTA 211 Note 6. Under section 778 a person to be qualified to hold the office of county superintendent must hold a state certificate or a first grade county certificate. Such first grade need not be issued in the county in which the county superintendent resides, but muse be of legal effect at the time the holder assumes the duties of the office. Note 7. — The amendment to section 786 passed by the legislature of 1899, was declared to be unconstitutional by the supreme court .in the case of Plummer vs. Borsheim, 8 N. D. 565, N. W. Rep: 690. This restores section 786 of the revised codes of 1895, which will be found in its proper place. Note 8. Section 793, revised codes, does not permit the organi- zation of a district when there are twelve or more children of school age therein, with the requisite amount of taxable property, as speci- fied by section 786, revised codes. Note 9. ELECTIONS, TERMS OF OFFICERS.— No va- cancy exists to be filled by appointment when. a school board fails to hold an election at the time prescribed in article 4 of the gen- eral school laws. The officers whose terms expire and whose suc- cessors would have to be chosen at a regular election do not vacate their office but hold until their successors are duly elected and quali- fied agreeably to the provisions of section 797, revised codes. Note 10. Section 799 prescribes who is qualified to vote or hold office and refers to the following section which embodies section 121 of the constitution : Sec. 479. WHO ENTITLED TO VOTE.— Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state one year, and in the county six months, and in the precinct ninety days next pre- ceding any election, shall be a qualified elector at such election : First — ^Citizens of the United States. Second — Civilized persons of Indian descent who shall have sev- ered their tribal relations two years next preceding such election, provided, he has complied with the provisions of any law which is now or may in the future be in force relating to the registration of voters, and all persons possessing the qualifications mentioned in this -section, and who have resided in this state one year, shall be eligible to any office in this state, except as otherwise provided in the constitution ; provided, however, that persons shall vote in the pre- cinct where thev reside and not otherwise, except in the case of voters otherwise qualified, moving from one voting precinct to another, within the same count}^ in which case they shall have a right to vote in the precinct from which they move until they have resided ninety days in the precinct to which they move. Note 11. Section 807 provides for the appointment of a clerk. Note 12. Section 808 provides for the regular meetings and fixes the salary of each director. No additional compensation is al- lowed for special meetings. 212 GENERAL SCHOOL LAWS Note 13. There is no conflict between sections 817 and 905 relating to a breach of the conditions of a school treasurer's bond. Section 770 is merely cumulative prescribing that action against the treasurer failing or neglecting to pay over funds belonging to the district may be begun by the district school board, or the county superintendent or any taxpayer. Note 14. SCHOOL PRIVILEGES FOR NON-RESIDENT PUPILS. — Under section 824, revised codes, the school board is empowered "to admit pupils from other districts when it can be done without injury or overcrowding such schools." The board is further authorized and empowered to make regulations for their admission and payment of tuition. Whether or not any provision be made for admission of nonresident pupils is discretionary with the board. Note 15. SCHOOL HOUSE, LOCATION OF.— A school board may not lawfully erect a school house upon public school lands unless the board acquires title to the site the same as title would be acquired to any other land. Note 16. ENUMERATION. — Persons can be enumerated only in the district in which they have a legal residence. The legal residence of a parent or guardian is the legal residence of the child. Wheffe a party resides at two or more different places during the same year, it appears by the decisions of various courts that it is a privilege of said party to determine which place is his legal resi- dence unless he exercises his rights of citizenship, for instance, by voting or attending caucus at one place or the other. Such action would indicate his real intention. Note 17. STATE SCHOOL FUND NOT TO BE USED IN SUPPORT OF PRIVATE OR DENOMINATIONAL SCHOOLS. — Under section 152 or article 8 of the constitution no money raised for the support of public schools of the state shall be appropriated or used for the support of any sectarian school. There is nothing contained either in the constitution or statutes which warrants any other use of the funds than for the support of tbe common schools. # Note 18. TEACHERS' PERMITS.— A permit to teach must not be issued to a person under the age of 18 years. Note 19. CERTIFICATES, ISSUANCE OF THIRD GRADE. — Under section 875, revised codes, a county superintendent may issue a third grade certificate to a party who has taught less than fifteen months on a third grade certificate, irrespective of the num- ber of third grade certificates that may have been previously issued to said party. Note 20. TEACHER'S CONTRACT NOT AFFECTED BY CHANGE IN ORGANIZATION OF DISTRICT.— A contract made and entered into between a general school district and a STATE OF NORTH DAKOTA 213 teacher is not modified by reason of reorganization of said general district into a special district during the time for which the contract was made, and the district is not relieved from the fulfillment of the obligation. Note 21. TEACHER'S SALARY WHEN SCHOOL CLOSED ON ACCOUNT OF QUARANTINE.— If under the general quar- antine regulations a school be closed' in due form, the teacher's right to collect pay for the time school was closed is governed by the general ■ laws relating to employer and employe. During the time said school is closed the teacher is under contract subject to the pleasure of the board, and during the existence of such contract is unable to be a partv to another. Note 22. ' TEACHER'S REPORT AND SALARY.— A teacher is entitled to pay at the close of each month's work, except for the last month in any term, when the same may be withheld until correct reports are made and filed by the teacher, as provided by section 881, revised codes. This section does not authorize the with- holding of the teacher's wages for any other month in the term. Note 23. Section 913 requires the certificate of the county auditor in addition to section 187 of the constitution and other statutes as to the issue being within the debt limit. These are applicable to special and independent districts as well as general districts. Note 24. TREASURER'S BOND.— In a special school district the treasurer of the city, town or village is treasurer of the board of education. By reason of being under bond as treasurer of a municipal corporation he is not relieved thereby from giving bond as treasurer of said school district, under section 9^68, revised codes. Note 25. ALIENS NOT ENTITLED TO A CERTIFICATE OR PERMIT. — Under section 875 a county superintendent is for- bidden to issue a certificate or permit to teach to any party who is not a citizen of the United States unless he has resided in the United States one year last prior to the time of such application for such certificate or permit. A declaration of citizenship alone does not entitle one to either certificate or permit. Note 26. Section 1269 provides for the designation of an account- ing officer for each public institution and defines his duties. Note 27. Sections 6710 and 6711 pertaining to holidays are as follows : Sec. 5710. HOLIDAYS.— Holidays are every Sunday ; the first day of January, which is New Year's day ; the twelfth day of Februarv, which is the birthday of Abraham Lincoln ; the twenty- second day of February, which is the birthday of George Washing- ton ; the fourth day of July, which is the anniversary of the Declara- tion of Independence ; the twenty-fifth day of December, which is Christmas day ; the thirtieth day of May, which is Memorial day ; every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the gov- ernor of this state for a public fast, thanksgiving or holiday. 214 GENERAL SCHOOL LAWS Sec. 6711. WHEN FOLLOWING DAY HOLIDAY.— If the first day of January, twelfth day of February, the twenty-second day of February,, the fourth day of July, the thirtieth day of May, or the twenty-fifth day of December falls upon a Sunday, the Monday following shall be the holiday. Note 28. Section 401, relating to bonds by officers, is as follows : Sec. 401. Each civil officer elected by the people or appointed by the governor or by any other authority, provided by law, ex- cept the governor and the officers and members of the legislative assembly, judges of the supreme and district courts, county com- missioners, court stenographer, the mayor and aldermen in cities, the president and trustees in villages, but including township treas- urers, clerks, justices of the peace and constables, shall, before en- tering on his duties, give a bond conditioned for the faithful and impartial discharge of the duties of his office (naming it fully), and render a true account of all moneys and property of every kind that shall come into his hands as such officer and pay over and deliver the same according to law. Note 29. Section 403, relating to the approval of bonds, is as follows : Sec. 403. APPROVAL OF BONDS.— The bonds of all state and district officers shall be given to the state, shall be approved by the governor as to sufficiency, and by the attorney general as to form and such bonds and a duplicate original of the oaths of all such officers shall be deposited in the office of the secretary of state. The secretary of state shall keep a book in which shall be made a correct copy of such bond, which shall be called the "bond record" and, when such bonds shall have been recorded they shall be deposited with and kept on file in the office of the state treasurer, except the bond of the state treasurer, which shall be deposited with and kept on file in the office of the state auditor. The secretary of state and state treasurer on receipt of such bonds shall issue a receipt therefor and such receipt shall be filed in the office of the state auditor. The bonds of all county, township and municipal officers shall be given to the county ; those of all county and municipal officers under the county shall be approved by the states attorney as to form and by board of county commissioners as to sufficiency, and such bonds and a duplicate original of the oaths of office of all other such officers shall be filed with the county auditor, except the bond and oath of such auditor, which shall be filed with the clerk of the district court for the county or judicial subdivision. The bonds of township offi- cers shall be approved by. the chairman of the board of supervisors of the township. Note 30. The use of lignite coal is made obligatory by the fol- lowing section : STATE OF NORTH DAKOTA 215 Sec. 1290. PUBLIC INSTITUTIONS TO USE.— The various state institutions, county buildings and public school houses of this state shall use for fuel, native or lignite coal, and it shall be unlaw- ful for any ofificer to purchase for use in institutions, county buildings, and public schools any coal other than that taken from the mines within the boundaries of this state; provided, that the comparative cost of such fuel is not greater than that of lignite coal. This section shall not be construed, however, as prohibiting the use of wood at such institutions, county building and public schools, when the cost thereof does not exceed that of native coal, or the use of coal other than native lignite at such public schools as are located six miles or more from any mine or railroad station within ihe boundaries of this state ; provided, that the comparative cost of such fuel is not greater than that of lignite coal. Note 31. Section 433 authorizes the superintendent of public in- struction and other state and county officers to appoint deputies and prescribes, the manner of appointment. Note 32. The oath of office prescribed by Section 211 of the constitution is as follows: "I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of North Dakota ; and that I will faithfully discharge the duties of the office of according to the best of my ability, so help me God" (if under oath), (under pains and penalties of perjury), if an affirmation, and no other oath, declaration, or test shall be required as a qualification for any office or public trust. Sec. 408. FIDELITY BONDS.— Whenever any county, town- ship, city, village or school district officer, hereafter elected, shall be required by law to give or furnish a bond for the faithful perform- ance of his duties, such bond may be executed by some responsible surety, fidelity, insurance or bonding company, authorized and quali- fied to do business within the state of North Dakota, and approved by the board of commissioners, trustees, supervisors, council or directors charged with the approval of the same ; the premium for such bond shall be audited by such board and paid out of the general fund of the county, township, city or school district, as the case may be, for whose benefit the same is given. This act shall not affect the provisions of section 343a of the re- vised codes relating to county treasurers, nor the furnishing of a personal bond by any ofilcer as may be provided for by any existing law. 216 GENERAL SCHOOL LAWS APPENDIX E SCHOOL CALENDAR. January. First Monday (ocM numbered years) — Terms of office of state superintendent begin. Second Tuesday — Regular meeting of district school board. February. Third Monday — Apportionment of state tuition fund. March. Second Friday — County examination for teachers. April. Second Tuesday — Regular meeting of district school board. May. Last Friday — County examination for teachers. Third Monday — Apportionment of state tuition fund. June. District clerks to take enumeration before June 20. At least fifteen days before first Tuesday — District school board designates polling places and causes three notices of election to be posted. First Tuesday — Annual school election at 2 p. m. Within five days after annual election — Clerk to furnish each per- son elected with a written notice of election. Within ten days after annual election — District clerk forwards to county superintendent a certified list of all officers elected. Third Tuesday — Annual election in special districts. Thirtieth — School year ends. July. 1st. — School year begins. 1st — Assessor furnishes school district clerk, county superintend- ent and auditor the amount of assessed valuation. Second Tuesday — Regular meeting of district school board. Second Tuesday — District school board organizes and elects a pres- ident and clerk. Second Tuesday (on or before) — School treasurer gives bond and qualifies. STATE OF NORTH DAKOTA 217 Before 20th — District school board and board of education levy tax. Immediately thereafter — District clerk and clerk of board of edu- cation notify county auditor the amount levied. Section 721 and 801. August. Third Monday — Apportionment of state tuition fund. Section 711. Last Friday — County examination for teachers. October. Second Tuesday — Regular meeting- of the district school board. Last Friday — ^County examination for teachers. November. 1st — (On or before in even numbered years) — Superintendent makes report to governor. First Tuesday after first Monday (in even numbered years) — Election of superintendent and county superintendent. Third Monday — Apportionment of state tuition fund. December. 1st — Special and independent districts make enumeration of school children in the district. Before 20th — District clerk and clerk of board of education for- ward to county superintendent enumeration of school children. 31st (On or before in even numbered years) — The report of the state superintendent is printed. appe:ndix p rules and forms pertaining to opinions^ decisions and appeals. See sections 629, 644 and 645. Decisions by the superintendent of public instruction will be given only when appeals are made in due form from decisions of county superintendents of schools. Appeals must be made through the office of county superintendent, and in the form prescribed by this office. The county superintendent will transmit an appeal, with a copy of the decision from which it is taken, to this office, with all papers and all the testimony offered by parties interested and upon which his decision is based, and he will state any further information he may (possess which has affected his decision. To all of which he shall attach his certificate and official seal. All appeals from decisions of school boards to county superin- tendents must be taken within sixty days. 218 GENERAL SCHOOL LAWS All appeals ft-om decisions of county superintendents to the super- intendent of public instruction must be taken within ninety days. In all proceedings relating to the revocation of teachers' certifi- cates the charge must be made in writing and verified the same as pleadings in district courts. Such charges must be filed with the county superintendent, and a copy of the same served personal- ly on the party against whom such charges are made, not less than fifteen days before the day set for official investigation of such charges. All allegations must be verified by oath, and all petitions must be accompaned by affidavits to the effect that the petitioners con- stitute such a portion of the community affected, as is required by law. Opinions as to the meaning and application of the law in all school matters should be first sought from the county superintendent. County superintendents submitting questions to this office upon the meaning and administration of the law, or seeking advice of any kind relating to their official business, will be answered cheerfully and as promptly as the business of the office will permit. Note— County superintendents have no jurisdiction in imposing fines, or in removing school district officers from office. In case of appeal to the county superintendent against the action of the district school board, the appellant shall use substantially the following form : AFFIDAVIT OF APPEAL. STATE OF NORTH DAKOTA, ss. Countv of . vs. School District I, being duly sv/orn, on oath say : that on the day of , A. D. 190. ., the school board of said school district rendered a decision (or made an order) whereby (here state facts, affiant's interest in the decision, and the jury to that interest) ; that the school board in rendering the decision (or making the order) aforesaid, committed errors as follows. (Here state errors charged.) STATE OF NORTH DAKOTA 219 Subscribed and sworn to, by , before me this day of A. D. 190. . . NOTICE TO CLERK OF APPEAL. STATE OF NORTH DAKOTA, j V ss. County of ) vs. School District Clerk of the School Board of , School Dis- trict You are hereby notified that has filed in my office an affidavit alleging- that said school board, on the day of , A. D. 190 . . , made a decision (or order) whereby (here, describe the decision or order so that the clerk may identify it) and claiming an appeal there- from. You are hereby required within ten days after receiving this notice, to file a complete transcript of the proceedings of the school board relating to said order together with copies of all papers filed with you pertaining to said action aippealed from. County Superintendent of Schools for County. Dated at this d'ay of , A. D. 190... In response to the above notice the clerk of the district school board will make a transcript, being an exact copy of that portion of the records of the proceedings of the meetings relating to the action appealed from, with the date of the several meetings, and an exact copy of each petition, remonstrance, plat or other paper relating to said action, submitted to the board. To the transcript thus made the district clerk will certify as follows and forward the whole to the county superintendent : 220 GENERAL SCHOOL LAWS STATE OF NORTH DAKOTA, ) [ ss. County of . • • ' • ) I^ , Clerk of the School Board of School District , County of ! , State of North Dakota, hereby certify that the fore- going- is a correct and complete transcript of the record of all proceedings of the School Board, and of all papers filed relating to the case vs School District District Clerk. Dated at this day of , A. D. 190... On receipt of the certified transcript, as above, the county sup- erintendent will notify the appellant, the chairman and clerk of the district school board, and other persons known to be inter- ested, as follows : NOTICE OF HEARING OP APPEAL. STATE OF NORTH DAKOTA, ) V ss. County of ) School District To You are hereby notified that there is on file in this office a tran- script of the proceedings of the school board of school district , had at a meeting held on the .... day of A. D. 190 . . . , in relation to (here describe the decision or order ap^ pealed from) from which appeal has been taken; and the appeal will be heard before me at in said county, on the day of , A. D. 190 . . , at . . a'clock . . m. County Superintendent of Schools for County, STATE OF NORTH DAKOTA 221 Dated at this day of , A. D. 190... The date of filing of every paper should be endorsed thereon; also, in the case of motions, all orders and rulings of the county superintendent. All oral motions and evidence should be reduced to writing. In case of appeal from the decision of county superintendent, a transcript should be made consisting of a literal copy of every paper filed, and all endorsements thereon, together with all evi- dence given; the whole arranged in chronological order and clos- ing with the decision of the county superintendent in full. The following certificate should be annexed thereto, and the whole trans- mitted to the superintendent of public instruction : COUNTY SUPER! NTENDENT''S CERTIFICATE OF TRANSCRIPT, STATE OF NORTH DAKOTA, ) >• ss. County of ) I, , County Superintendent of Schools for County, State of North Dakota, hereby certify that the foregoing is a correct and complete transcript of the record of all the proceedings had, evidence given, and papers filed in my office, and my ruling thereon ; also my decision in the case of ". vs Scihool District County Superintendent of Schools for County. Dated at this day of , A. D. 190... APPENDIX G EDUCATIONAL DIRECTORY. Superintendent of Public Instruction — Walter L. Stockwell. Deputy — Edwin J. Taylor. University of North Dakota, Grand Forks ; Established 1883 ; Opened 1884. Webster Merrifield, President. 222 GENERAL SCHOOL LAWS Agricultural College, Fargo, Established 1890 ; Opened 1890. John H. Worst, President. Normal School, Valley City; Established 1890; Opened 1893. George A. McFarland, President. Normal School, Mayville; Established 1890; Opened 1893. W. M. Kern, President. Academy of Science, Wahpeton; Established 1890; Opened 1903. Earl G. Burch, President. School for Deaf and Dumb, Devils Lake ; Established 1890 ; Opened 1890. DwiGHT F. Bangs, Principal. Reform School, Mandan ; Established 1890 ; Opened 1902. J. W. Brown, Superintendent. School of Forestry at Bottineau; Established 1907. J. A. Kemp, President. School for Feeble Minded at Grafton ; EstabHshed 1890. Dr. La Moure, Superintendent. High School Board — All members ex-officio — John Burke, Gov- ernor; W. L. Stockwell, Superintendent of Public Instruction; Webster Merrifield, President University of North Dakota. Board of University and School Lands — All members ex-ofificio — President, John Burke, Governor; Vice President, Alfred Blaisdell, Secretary of State ; Secretary, W. L. Stockwell, Supt. Public Instruction ; H. L. Holmes, State Auditor ; T. F. McCue, Attorney General. Land Commissioner — O. I. Hegge; Deputy, W. E. Coates. INDEX INDEX ACADEMY OF SCIENCE— Section. Page. Board of trustees 1093 144 appointment of 1094 144 compensation 1097 145 meetings 1094 144 powers 1095 145 prescribe conditions of admission 1096 145 quorum 1099 145 records open to inspection 1099 14B Instructors, from what fund paid 1097 145 Location 1092 144 Object 1092 144 State treasurer custodian of funds 1098 145 Tuition or fees, how used 1098 145 ACCOUNTS— County treasurer to keep with school districts .' 852 59 Form of, for district treasurer 850 57 ACTIONS— Brought in name of the state 899 80 Child labor, employment of, who may bring 899 79 Compulsory laws, for violation of 895 78 District treasurer failing to pay over money 905 81 Who may institute 817 42 For trespass on public lands 215 192 On school treasurer's bond 817 42 States attorney to prosecute 896 78 Adjacent territory, how attached 949 , 95 ADJUTANT GENERAI^ Loan of muskets to university 1061 137 Return of muskets to state 1062 137 ADVERTISING— (See contracts; school and public lands.) Proposal for building school houses 918 86 AGE— Compulsory attendance 894 77 Deaf and feeble-minded 894 77 Requisite for county certificate 875 69 for first grade certificate 875 4fi 69 for normal certificate 871 67 School Laws — 15 226 INDEX AGENT— Section. Page. (See commissioner of university and school lands.) AGRICULTURAL COLLEGE— Board of Trustees — ■ annual report to governor 1111 148 appointment 1102 146 biennial report 1127 151 commission issued to 1103 140 compensation ; • ■ . ■ 1104 147 degrees, may confer 1112 149 duties as to funds 1105 147 instructors to employ 1105 147 may remove 1107 148 manage institution 1101 146 meetings 1104 147 oath of office 1103 146 organization ■ 1103 146 quorum •• 1103 146 report to commissioner of agriculture 1111 14'8 salaries shall fix 1107 14l5 superintendent of construction 1105 147 treasurer, bond 1103 146 bond required 1114 149 vacancies 1102 146 Course of study 1106 147 Degrees may be conferred 1112 149 Faculty, report annually to trustees 1110 148 rules may be adopted by 1108 148 Geological survey (see sections 1121-1132) 149-150-151 President, duties of 1109 148 Rents, penalties, etc., from lands 842 53 ALIENS— See Appendix D, Note 25) - , - ■ • 211 Teacher's certificate not granted to 875 69 ANNEXATION— County commissioners may annex districts when 788, 789 31 (APPEALS— Applicants for teacher's certificate may appeal, when and how 874 68 From decision of county superintendent, how taken. . 770 25 taken 770 25 Superintendent of public instruction shall decide 754 21 Pi^tice, state superintendent shall prescribe 754 21 INDEX 227 APPORTIONMENT— Section. Page. Basis of '. 848 56 County tuition fund, county superintendent makes 855 GO State tuition fund, county superintendent makes 773 20 state superintendent makes, when 844 53 withheld, when 835, 847 50-55 APPRAISAL-^ (See county board of appraisal) 1G7 175 APPROPRIATIONS— Board of university and school lands 230 197 Expenses of leasing school lands 228 196 Institute fund 891 75 Interest due on investments 162 173 Libraries '. 750 20 State high schools 1034 120 Traveling expenses, state superintendent 763 23 ARBITRATION— (See board of arbitration) 804 64 ASSESSORS— County superintendent to furnish with maps of school. districts 769 25 Examine state lands . 197 18^J Compensation therefor 197 186 Furnish statement of valuation 857 62 ASSESSMENT— (See taxes.) ATTENDANCE— (See truant officer.) Compulsory age for 894 77 Length of time 894 77 Who exempt 894 77 Penalty for failure to comply with law 895 78 For failure of officer to enforce law 896 78 ATTORNEY GENERAL— To collect past due accounts 159 172 BALLOTS— Form of, election to divide district and for special district. 941 93 BANKS— Designated as depositories, how...: 921,922 87 228 INDEX BIBLE— Section. Page. Not to be excluded from schools as a sectarian book 888 74 BLANKS— County superintendent to distribute 767 24 State superintendent to prepare 750 20 BLIND— Enumeration of 835 50 BLIND ASYLUM— Board of trustees adopt rules and regulations 1157 158 appointed, how and when 1153 157 bond of treasurer..., 1154 157 care of funds 1157 158 compensation 1155 158 instructors, appointed by 1157 158 meetings, when, where, number 1155 168 organization of 1154 157 quorum of • 1154 157 reports, when and to whom made 1158 159 vacancies, how filled 1161 159 erection of buildings 1157 158 instruction of blind children outside of state, governor to contract for 1159 159 Land grant, proceeds, how to be used 1156 158 Location of 1152 157 and government 1152 157 BOARD OF adjusters- How composed 858 62 Levy taxes, when 858 62 BOARD OF APPRAISAL— (See county board of appraisal) 165 175 BOARD OF ARBITRATION— Appointment of 864 64 County superintendent and county treasurer members of. . 864 64 Duties : 865 64 Taxes levied by 866 64 Collection of 867 65 BOARD OF EDUCATION— Acquire and dispose of property 960 (4) 98 Annual school tax 964 100 Assumes control, when 969 102 Census, must take 960(15) 100 INDEX 229 BOARD OF EDUCATION— Continued— Section. Page. Clerk 957 98 duties of 959 98 Compensation, none 955 97 Contracts, not to be interested in 955 97 how let 965 101 Corporate name 950 96 Disposal of school property 957 96 Election of 953 97 Canvass of returns 975 104 ' Certificate of election 976 104 Organization of election board 974 103 Precincts and officers 974 103 Establish free schools 960 (1) 98 And maintain high schools 960 (3) 98 Expenses of board and clerk 960(10) 99 •Grading and government of pupils 960 (11) 99 Have custody of all school property 960 (7) 99 Interest coupons, payment of 985 108 Investment of sinking funds in mortgages 983 106 Maintain and discontinue schools 960 (2) 98 Meetings 956 97 •Oath of office 978 104 Officers and organization 957 98 Powers and duties 960 98 President, duties of 958 98 'Quorum 954 97 Records 959 98 lieport, must publish 960 (13) - 98 when and to whom made 960 (13) 98 Tiesolution to provide for tax levy for interest and sinking fund 982 106 E-ules and regulations, to make 960 (11) 98 School houses, to buy or build 960 (4) (5) 98 Schools, under, whose superintendence. 962 100 Sinking fund, investment of 983 106 Superintendent, to empl6y 960 (9) 98 Surplus funds, disposal of 991 109 Suspension of pupils 960(11) 98 Tax levy to pay interest and sinking fund 982 106 Teachers, duties as to 960(8) 98 relative of board not to be 960 (8) 98 Treasurer, custodian of funds 961 100 who is 966 101 duties of 967 . 101 Vacancies 977 104 Visit schools 960(12) 98 230 INDEX BOARD OF EDUCATION— Continued— Section. Page. Independent district, annual meeting 999 113 compensation 1000 113 contracts, not to be interested in , 1000 113- election of 997 111 canvass of votes 997 111 expenditures must not exceed revenues 1013 117 general powers enumerated 1010 115 how elected 996 110 may admit non-resident pupils 1012 117 member at large 996 110 member, penalty for refusal to act 1018 119" meetings 1001 112 officers 999 113 quorum 996 110 real estate , how conveyed 1015 117 secretary of 1002 113' shall notify members-elect 1018 118 style and powers 999 112 taxes, powers of board 1003 113' vacancies 998 112' visit schools 1011 117' Special district — • elections in, notice of 971, 972 103 form of 973 103' non-resident pupils, admission of 960(14) 100' under special act, election of 1020 119 officers of old district hold over 1025 120 qualifications 1020 119' relations of, may not be teachers 1023 119 term of office 1021 119' BOARD OF UNIVERSITY AND SCHOOL LANDS— Agent of 153 169 title and qualifications 153 169 appropriation for expenses 230 197 Approval of lease 210 191 of sale 174 178 Assignment of securities 159 172' Contracts, discretion as to voiding 184 181 Equalizing appraisements 204 188 How constituted 152 169 Incidental expenses, how paid 161 173 Investment of school fund 155 170 of permanent funds 160 172* as to hay and timber 214 Debt limit. interest on. 912 INDEX 231 BOARD OF UNIVERSITY AND SCHOOL LANDS— Continued- Section. Page. Lease, approval of 210 191 of school lands 202 187 notice of, how given 206 189 lands when leased 210 191 for coal mining 216 Meetings and quorum 1^4 Member must act personally 152 Names of members (Appendix G.) Officers 1^2 of whom composed ^^-' Powers -•• 153 169 192 193 170 169 222 169 169 156 171 178 178 169 171 Records Sales, approval of 1 "^ lands may be withdrawn • I'^S Securities , assignment of 159 172 Selection of lands for lease 205 189 Shall have full control of school and public lands 153 State treasurer custodian of funds 157 Subdivision of land I'^S 179 Surveys, may order 1'' ^'^ BONDS, MUNICIPAL— Cancellation, record of 917 86 Certificate of county auditor 913 981 106 Decisions of supreme court 203 209 Denomination of 912, 2989 83-200 Description of 913 83 Division of indebtedness 946 94 Election for issue of, by board of education 980 Execution of, by board of education .2991 How issued 91o How secured • 9od Indebtedness, for what incurred 2979 199 limit of..... -• 2979 199 Independent school districts — authority to issue 1006 114 must show what 1006 114 interest fund : 3000 201 105 201 83 108 issue limited 91-. o6 when taxes insufficient 9^9 104 limit of issue 91'-. oo may issue for school houses already built 919 87 232 INDEX BONDS, MUNICIPAL— Continued— Section. Page. negotiated , how 915 85 refund of 2988 200 refunding, issuance of 988 109 law governing 990 109 may be exchanged 989 109 register of 913 83 what to show 987 106 school board may purchase 914 84 sinking fund 8001 202 and interest, tax levy for 914 84 special district and school district to pay 947 95 surplus fund, disposal of 991 109 what must specify 981 100 BONDS, MUNICIPAL— REFUNDING— Issue Hmited 2998 130 Necessity, determined by board 2993 129 Negotiable, when 2999 130 Proceeds used only for purposes for which issued 2995 130 School boards may issue. 2994 129 School districts may refund bonds 2992 129 Sinking fund 2997 130 Treasurer to keep register 2996 130 BONDS— OFFICIAL— (Notes 28, 29, Appendix D) 214 Action on school treasurer's 905 81 Bank, must give as depository 923 88 Board of education 968 101 City treasurer as treasurer of independent district 1008 115 Contractors must give 918 86 For labor and material for public buildings 6252 202 Sureties 6254 202 Where filed 6255 203 County auditor to furnish blanks 409 199 County treasurer's bond, conditions of 193 184 Decisions of supreme court (Appendix C.) 203 School treasurer (Notes 13 and 24, Appendix D.) 212-213 same 811 40 additional, when required 812 40 action on 817 42 Treasurer agricultural college 1103 146 same 1114 149 blind asylum 1154 157 Trustees industrial school 1176 164 INDEX 233 BONDS— OFFICIAL— Continued— Section. Page. Surety company 813 40 same (Appendix D) 408 215 Where filed 817 42 BOOKS— Free text ' 1028 122 list for libraries, state superintendent to furnish 750 20 BOUNDARIES— Conformity with congressional townships 786 30 County commissioners may re-arrange 786, 792 30-32 How changed 793 33 Independent school district 995 110 new districts 787 30 no change in 785 30 humane treatment of animals to be taught 884 73 school board may adopt additional 826 45 teachers examined in what 874 68 BRIGHTWOOD SCHOOL TOWNSHIP— Special law (Appendix A.) 198 Budge, William, life member board of trustees of univer- sity 1041 131 CALENDAR— School (Appendix C.).... 216 CENSUS— Board of education may take r 960 (15) 100 Enumeration (Note 16, Appendix D.) 212 how made and when 835 50 reports, to whom sent 835 6' CERTIFICATES— (See examinations and certificates). CHILD LABOR— Penalty for • 898 79 Prohibited when 897 79 Prosecution for 899 79 CITY COUNCIL— Ordinances as to property of independent districts 1017 113 CITY TREASURER— Bond of 1008 115 Funds of independent district to be paid to 1007 115 234 INDEX CLERK OF SCHOOL DISTRICT— Section. Page, (See district clerk). COAL LANDS— Leasing of 216 193 COMMISSIONER OF UNIVERSITY AND SCHOOL LANDS— Appointment of 153 169 Bond records 166 174 Cultivated lands, may lease 203 188 Custodian of records .' 198 - 186 Deputy 165 173 Fees of 229 196 Furnish county treasurer list of lands sold. . . 196 185 Leasing, how conducted 207 189 •by whom made 207 189 Powers and duties 166 173 Quarterly statement of funds 166 175 Records 166 174 public ' 166 175 Report ... 166 174 Salary 164 173 Sale of lands, by whom conducted 170 177 Seal -. 166 174 Selection and sale of lands 168 176 Subdivision of lands 178 178 Term of 163 173 Vacancy 163 173 COMPULSORY EDUCATION— (See truant officer.) Defectives 894 77 Exceptions 894 77 Penalty for neglect 895 78 Prosecutions 896 78 What children must attend school •. 894 77 CONTRACTORS— Bond, must furnish 918, 6252 86-202 how executed 6254 202 where filed 6255 203 CONTRACTS— . ~ Advertised for 909 81 Decisions of supreme court (Appendix C) 205 How let 965 ' 101 by board of education 965 101 INDEX 235 CONTRACTS— Continued— Section. Page. Officer must not be interested in „ 902 80 Of irregular district ratified 796 35 Proposals for 909 81 School board must not be interested in lOOO 112 Teachers, must be in writing 823 44 when void 876 70 CONVEYANCE— Of real estate 1015 117 CORPORATION— School district is " 794 34 COUNTY AUDITOR— Certificate on bonds 913 84 Clerk of sale of school lands 174 178 Compensation 174 178 Clerk of leasing : 207 190 Duty as to levy for state institutions as to school bonds. . . . 913 83 as to taxes of independent district 1004 113 Levy tax to pay bonds 916 86 Publish notice of sale of school lands 109 176 Returns to land commissioner 195 185 To furnish blank bonds 409 199 To furnish school district plats 795 34 COUNTY BOARD OF APPRAISERS— Appraise school lands 167 175 Appraise lands for leasing 204 188 Compensation 167, 204 170-188 How constituted and duties ' 157 13 Of whom composed 167 175 COUNTY COMMISSIONERS— Appropriations in aid of county institutes 893 77 Duty as to feeble-minded 1168 161 as to organization of school district 787 30 Formation of new districts 786 30 May rearrange territory, when ^ 786 30 COUNTY SUPERINTENDENT— Acknowledgements, power to take (Note 4, Appendix D) 210 Action on district treasurer's bond 817 42 Advise and direct teachers 766 24 Apportion state funds 773 26 Assessors, furnish with plats 769 25 236 INDEX COUNTY SUPERINTENDENT— Continued Section. Page. Bond of (Note 2, Appendix D) .... 210 Carry into effect instructions of state superintendent 767 24 Conference with state superintendent 757 21 Convene teachers 767 24 Decide questions of school law 770 25 Decisions of supreme court (Appendix C) 206 Deputy, may appoint 777 28 Duties as to school elections 798 35 Election of 764 23 Who may vote for 764 24 Elections , duties as to 798 36 to form special district, must call 939 92 to elect officers for special district, must call 944 94 to divide district, must notify whom of result 942 94 Examinations of teachers by 873 68 papers sent to state superintendent 873 68 Eunds, apportionment of : .; 773 26 state tuition fund 848 56 notice to district treasurer of apportionment 848 57 payment not authorized unless treasurer's bond filed.... 847 56 General duties 765 24 Institute fund , how raised 772 26 statement of 890 75 use of 772 26 Instruct officers in record keeping 769 25 Meet with school officers 769 25 Notify clerk and county auditor of appointments to fill va- cancies 861 63 district treasurers of apportionment 848 57 Not to be absent from county 780 29 to have any other business 780 29 to teach 779 29 Oaths, may administer, when 771 26 ■Office rent, postage, etc 776 27 Officers, instruct in record keeping 769 25 meet with 769 25 Permits to teach 874 69 Plats, furnish assessors with 769 25 Qualifications 778 28 Same (Note 6, Appendix D) •. 210 Records of 768 25 Removal of, when 781 29 Report to state superintedent 775 26 Salary and how determined 777 27 INDEX 237 COUNTY SUPERINTENDENT— Continued Section, Page, Salary and how determined (Note 5, Appendix D) 210 withheld until report is filed 775 27 School law, decide question of 770 25 Seal of 768 25 Special districts, call election to form 939 93 State funds, apportionment of ; 773 26 Tuition fund, apportionment of 848 56 withheld when 847 55-56 Teach, must not 779, 782 29 Teachers, advise and direct 766 24 convene for instruction 767 24 certificate , may revoke 774 26 notice of revocation published 878 71 when 878 71 permits to teach 874 69 Teachers' institutes, consult with state superintendent.... 892 76 notice of 885 73 Term of office 764 23 Vacancy 860 63 Visit schools 766 24 Who may not vote for 764 24 COUNTY TREASURER— Accounts with school districts 852 59 , Bond, conditions of 193 1^4 Duty as to payments on school lands 192 184 Fees on collections on land conj:racts ,, 194 185 Notify clerk of payments made to district treasurer 851 59 To collect fees . 229 196 When" to pay funds to district treasurer. 851 58 COURSE OF STUDY— In common schools 883 72 DEAF AND DUMB ASYLUM— (See school for deaf and dumb) 1133 152 DEFECTIVES— Compulsory education of 894 77 DEPOSITORIES— Board designates 921 87 Bonds of depository 922 88-89 Additional when 923 89 Time deposits -. 926 90 Checks , how signed 932 91 Equal balances 925 89 238 INDEX DEPOSITORIES— Continued— Section. Page. Funds to be deposited 920 87 Highest bid accepted 923 88 How selected 927 90 Interest 931 91 four per cent limit .-... 928 90 Minimum amount 935 92 Monthly statement -931 91 More than one 925 89 Penalty for violation 936 92 Proposals for deposit 923 ^ 88 Time deposit , when 926 90 Treasurer exempt from liability 934 92 Where there is one bank or no bank 933 91 When bids not required 933 91 DEPOSITORIES— SPECIAL DISTRICTS— Bond of 983 107 How established 983 106 School board may designate 914 85 Statement, must furnish when 914 85 DEPUTIES-^ Appointment of (Note 31, Appendix D) 215 County superintendent, salary of 777 27 DIRECTORY, EDUCATIONAL— Names of officers (Appendix G) : 221 DISTRICT CLERK— Appointment of 807 38 Same (Note 11, Appendix D) 211 Census •■ 835 50 Compensation 810 39 Duties 810 39 as to bond issue 913 82 False reports , penalty for 907 81 Notify county auditor of tax levy 854, 827 60-45 persons elected on school board 804 38 also county superintendent 804 38 Post notices of election 798 36 Qualifications (Note 11, Appendix D) 211 Records open to public 836 51 Tax levy, notify county auditor 854, 827 60-45 Vacancy, how filled 862 63 INDEX 239 DISTRICT HIGH SCHOOLS— Section. Page. Adj acent districts may unite 634 49 Course of study , 834 50 How established 834 49 Length of term 834 49 EDUCATIONAL ASoUCIATION— State superintendent to publish proceedings 762 23 distribution of 762 23 EDUCATIONAL DIRECTORY— Names of officers (Appendix G) 221 ELECTIONS— Board, how constituted 802 37 By secret ballot 129 11 Canvass 803 37 Certificate of election 80* 38 Conduct of 803 37 District officers, when elected 797 35 For district high school 834 49 school sites 834 49 Notice of 801 36 Form of 798, 801 36-37 Of county superintendents 764 23 Officers, county superintendent to appoint , 798 35 oath of 802 37 Polls open, hours 800 36 Polling places, county superintendent to fix 798 35 Question of conveying pupils 832 48 Term of office (Note 9, Appendix D) 211 Tie , how determined 803 38 Vacancy in board 802 37 Who may vote 799 36 ELECTIONS FOR BONDS— General statutes 2980 200 To issue 910 82 ballots 911 > 82 Called on petition 911 83 Notice of 911 82 By board of education 980 105 Board of education 953 97 Canvass of returns 975 104 Certificate of election 976 104 Election precincts and officers 974 103 Organization of election board • 974 103 240 INDEX ELECTIONS FOR BONDS— Continued— Section. Page. In independent districts 992 109 Ballots, form of 994 110 Conduct ot 997 111 Compensation of election board 997 111 Notice of 993 110 Special district, organization of 952 96 ballots, form of 941 93 conduct of 940 93 notice of 940 93 Special district, board of education 971 103 notice of 972 103 form of 973 103 Under special act : board of education 1020 119 how conducted 1022 1 19 EMBEZZLEMENT— What is 904 80 EMINENT DOMAIN— Exercise of 830 47 ENGLISH LANGUAGE— To be used exclusively 837 " 51 EQUALIZATION OF INDEBTEDNESS— By board of education 1026 121 Of independent district under special act 969 102 EVIDENCE— Transcript from clerk's record is prima facie 959 98 EXAMINATION AND CERTIFICATES— Examination of teachers 869 65 by county superintendents 873 68 Fee for certificate 87^, 875, 876 67-70 Certificate, to whom granted 875 69 to whom not granted 875 69 where valid 875 70 revocation , when : 877 70 how revoked 872 67 procedure 878 71 fact of revocation published, when 878 71 university graduates entitled to 1054 135 normal certificates, who entitled to 871 66 professional certificates, how obtained 870 G6 INDEX 241 EXAMINATION AND CERTIFICATES— Continued- Section. Page. Grades, how established 874 68 Permits to teach 874 69 Questions to be prepared by state superintendent 751 20 Re-examination 874 69 Special in music, drawing, kindergarten, etc 871 67. EXPENDITURES— Not to exceed revenues 1013 IIT FARGO, CITY OF— Independent district (Appendix A) • 198 FEEBLE-MINDED— Compulsory education 894 77 Enumeration of 835 50 FINES AND PENALTIES— Breaking leased school lands , 212 191 Child labor 898 79, Compulsory education 897, 898 . 79 Disturbing schools 906 81 Embezzlement of funds 904 80 Failure to display flag 1029 122 to endorse unpaid warrants 906 81 to make reports 377 198 False reports 772 81 Falsifying election returns 901 80 Mining without a lease 223 194 Neglect of duty by a school officer 900 80 Officer being interested in contract 902 80 Refusing to act as member of board of education 1018 119 . Speculation in office 9402 203 Trespass on public lands 224 195> Trustee of industrial school interested in contract 1177 165 Under city ordinances 1017 118 Unlawfully drawing school money ' 903 , 80 FLAG— (See United States Flag) 1029 122' FORESTRY, SCHOOL OF— (See school of forestry) 1231 167 School Laws— 16 242 INDEX FREE TEXT BOOKS— ' Section. Page. Contract for, time limit 1027 121 Price lists, publishers must file 1027 121 Provided, when 1028 128 Publishers must deposit samples 1027 121 School board has authority to adopt and supply 1027 121 GENERAL SCHOOL FUND— Of what composed 199 186 Damages for trespass belong to 226 196 GEOLOGICAL SURVEY— (See pages 137-139). Appropriation for 1070 139 Duty of trustees of university 1068 138 Trustees of university shall cause to be made 1063 137 GOVERNOR— Ex-officio member of board of management of normal schools 1077 140 of high school board 1031 125 HAY— • • Permits from board of university and school lands 214 192 When it may be cut 213 192 HEALTH AND DECENCY— Duties of school board as to 1038 128 HIGH SCHOOLS— Board of education to establish and maintain 960 (3) 98 HIGH SCHOOL BOARD— Amount paid to classified schools 1034 126 Appropriation for aid , 1034 126 Appropriation limited 1035 127 Examination of students for admission 1032 125 Funds pro rated if appropriation is insufficient 1034 127 Members to serve without pay 1035 127 must visit schools or designate some one to visit 1034 126 names of Appendix G 222 Of whom composed 1031 125 Powers of 1036 127 Records "of 1037 127 Requirements for classification . 1033 125 What schools entitled to be classified 1032 125 HITCHING POSTS— Board must provide four ! . 1039 128 INDEX 243, HOLIDAYS-- Section. Page., No school on...... :.. 882 72 What are (Note 27, Appendix D) 213 ILLITERACY— Legislature to prevent 151 12 INDEBTEDNESS— Bonds to pay outstanding 910 82 Equalization of 864 64 by board of education 969 1 02 INDEPENDENT SCHOOL DISTRICTS— Bonds, authority to issue ;..... 1006 114 ■ Boundaries of .995 110 Debts of old districts, new to assume 1019 119 Election of board of education 992 109 Funds of, paid to city treasurer 1007 115 how kept, and paid out 1009 . | f , 115 Health and decency, duty of board as to 1038 128 How organized 992 110 Name of '' ^^'S 110 Special laws (Appendix A).... ' 198 Taxes, limitation 1005 114 Title to property is in district 1014 117 Treasurer, report of, when 1016 118 contents of i0l6 118 Under special law, abolished 1024 120 equalization of debts and assets 1026 121 INDUSTRIAL SCHOOL— Board of trustees, appointment of 1174 163 bond 1176 164 compensation 1175 164 disposition of funds, shall direct ..1178 166 meetings, when, where, number 1175 163 not to be interested in contracts 1175 165 , oath of 1176^ 164 organization ' 1175 164 quorum 1175 164 reports, when, by, to whom 1180 166 shall audit accounts 1178 - .- 166 . term of office 1174 163 vacancies, how filled 1174 163 Building, erected where 1177 165 plans and specifications for ■. 1176 '164' ' proposals for , , . . , 1177 : • 165 244 INDEX INDUSTRIAL SCHOOL— Continued— Section. Page, Endowment H'^'S 163 Faculty, powers , 1179 166 reports 1180 166 trustees shall employ 1179 166 Gifts, donations, etc 1178 166 Location 1172 16^ Management 1174 163 Object 1172 162 State treasurer, custodian of funds 1178 165 Superintendent of construction 1177 165 INSTITUTE FUND— (See school funds) ., 876 70 How created 772 26 Use of 772 26 INSTITUTION FOR FEEBLE MINDED— Board of trustees, appointment of 1161 159 compensation 1171 162 duties 1163 160 duty of officers 1166 160 meetings 1162 160 organization 1162 160 power over property 1169 162 powers 1163 160 quorum 1162 169 reports, by, to whom, when 1170 162 secretary 1166 160 compensation of 1171 162 treasurer 1166 160 vacancies, how filled 1161 159 Clothing for pupils 1167 161 Location 1160 159 Pupils who may become 1165 160 Superintendent and other officers, appointment of and qualifications 1164 160 reports to trustees 1170 162 Transportation of pupils 1165, 1168 160-16J- INTEREST— Unpaid warrants bear 815 41 INTEREST FUND— For bonds , general statute 3000 201 INDEX 245 LAND GRANTS— Section. Page. To educational institutions 17, 216 9-17 Sale of lands 160 14 LEASING OF COAL LANDS— Lands may be leased for mining purposes 216 193 Manner of 217 193 Penalty for mining without lease 223 194 Price to be paid 218 193 Restrictions on 221 194 Right to rent surface reserved 220 194 exception to 220 194 Rules for determining rental 219 193 Schedule of coal lands to be made 222 194 tiBRARIES— Appropriation for 750 20 District 822 43 District and traveling, state superintendent to select and purchase books for 750 20 State educational 1030 122 Library commission, see state library commission 122 LIGNITE COAL— State institutions to use (Note 30, Appendix D) 214 LISBON, CITY OF— Independent district (Appendix A) 198 MAINTENANCE— Of state institutions 838, 839, 840 52 MORALS, PUBLIC— Importance of, to be taught 149 12 Instruction 888 74 MORTGAGES— Investment of school funds in 983 107 Not to exceed ten years 983 108 by whom and on what lands 983 108 foreclosure 984 108 in the name of the state 159 172 paid after five years 984 108 NARCOTICS— Duty of school board as to 76 7 Effect to be taught 75 7 ditto 72 Examination of teachers with respect to 77 7 c246 :INDEX NON-RESIDENT PUPILS— Section. Page. ■ Board of education may admit..,.., 960 (14) 1012 100-117 :: when (Note 14, Appendix D) 212' NORMAL GRADUATES— Certificates, first and second class...... 871 66 Professional 870 66: NORMAL SCHOOLS— ',,,.. Board of management, compensation..;;:-.:;-....;.-...... 1080 140- consisting of how many 1077 140' duties as to funds ■. 1083 141 fix salaries of employes 1084 142" • ■ for each normal school 1076 139 have management of property 1084 142" propose names of teachers 1084 142' report to trustees 1084 142" Board of trustees, biennial report 1089 143 commissions 1079 140' , compensation 1080 ' 140' determine length of school term 1085 42' ex-officio members 1077 140 fix salaries of instructors .•..'. 1085 142 how constituted • .;....... 1077 140- meetings , when and where 1080 140' limit ;-. 1080 140' organization .- .-. . ; . ........ 1078 , 140- secretary 1078 140' salary of . , : 1080 141 term of 1078 140" vacancies 1078 140' Course of study ; .... 1082 141 Diplomas , who entitled to . 1090 143" Endowment and maintenance 1075 139' Faculty, annual report of 1088 " 143 powers and duties of ...'...... 1086 143 Graduates, normal certificates 871 6& : ' professional certificates 1091 143' Land grant 17 9' Location, where ...1074 139 " Management of 1076 139' Nonsectarian 1082 141 Object '1082 141 Principal , duty of 1087 143' Qualifications 1078 140" State professional certificate 1091 140" INDEX 247 NORMAL SCHOOLS— Continued— Section. Page. State treasurer to keep funds 1081 141 Superintendent of construction 1083 141 compensation of 1083 141 Tax levy for maintenance • 15-100 of a mill for Valley City 888,839,840 52 13-100 of a mill for Mayville 840 52 NORTH DAKOTA ACADEMY OF SCIENCE— (See academy of science). NOTICE— Sale of school lands, board of university and school lands to publish 169 170 OATH OF OFFICE— Board of education 978 104 Filed with clerk 978 104 Form of Note 32, 978 104-247 Where filed ., 817 42 OFFICE— Term of (Note 9, Appendix D) , .... 211 OFFICIAL BONDS^ (See bonds, official.) PENALTIES— (See fines and penalties). PERMANENT SCHOOL FUND— How invested 155 170 What belongs to 199 186 PERMITS TO TEACH— Granted, when , 874 69 To whom granted 875 69 not granted 875 70 PHYSICAL EDUCATION— Teachers to give 889 74 POLL TAX— County auditor to levy. 855 60 POOL ROOMS— (See public places, certain.) PRESIDENT OF SCHOOL BOARD— (See school board). 248 INDEX PROPERTY— Section. Page. May be taken by gift or devise 1014 117 Not subject to lien 1014 117 Title to is in district 1014 117 PUBLIC INSTITUTIONS— Location of 215, 216 16-17 PUBLIC MORALS— To be inculcated by teachers 888 74 PUBLIC PLACES, CERTAIN— Minors, under 18 years of age and pupils of local high school not allowed to visit, be employed or play games in (Chapter 295, Laws 1907) 128 when may be allowed to visit, play games or be employed in (Chapter 295, Laws 1907) 128 penalty (Chapter 295, Laws 1907) 128 PUPILS— Teachers may suspend 825 , 886 45-74 may grade 887 74 QUARANTINE— Effect of on teacher's salary (Note 21, Appendix D) 213 READING CIRCLES— (See superintendent of public instruction). REAL estate- How conveyed 951 96 ditto 1015 117 REFORM SCHOOL— Continuation and use 10325 168 Land grant to 17 9 Location of 10325 168 REFUNDING BONDS— (See bonds, municipal). REPORTS, OFFICIAL— . Superintendent of public instruction 760, 761 22-22 SALARY— County superintendent 777 27 District treasurer 818 42 Superintendent of public instruction 763 23 Teachers' , graded 823 44 INDEX 249 SCHOOL BOARD— Section. Page. Action on treasurer's bond 817 42 Annual statement, treasurers must publish 814 41 Blanks, must furnish 409 199 Bonds, may purchase 914 84 Cancellation of paid bonds 917 86 Census 835 50 Clerk of 807 38 ditto (Note 11 , Appendix D) 211 compensation 810 39 duties 810 39 vacancy 862 63 Compensation 808 39 ditto (Note 12, Appendix D) . 211 Consolidation of schools 832 48 Contracts, not to have interest in 902 80 Course of study and additional branches 826 45 Depositories , may designate 914 85 District high school, election for 834 49 Employ and dismiss teachers 823 44 Equalization of indebtedness 864 64 Fix length of school held each year 832 48 Eree text books , power as to 1027 121 Funds, treasurer pays out, how.- 814 41 Furniture and apparatus 822 43 Indebtedness , equalization of 864 64 Investment of funds 983 106 may buy bonds 983(3) 107 Government and discipline of schools 825 45 Health and decency, duties as to 1038 128 Hitching posts, must provide 1039 128 How constituted 806 38 Length of school year 832, 833 48-49 Library 822 43 Meetings, regular 808 38 - special : 808 38 New school for remote pupils 831 47 Not less than six months school 832 48 Organization 807 38 Physical education, make provision for 889 75 Powers , general .' • 819 42 President, duties of 809 39 duty as to compulsory education 896 79 Proposals for building school houses 918 86 Pupils , conveying 832 49 from other districts mav admit 824 44 250 INDEX SCHOOL BOARD— Continued— Section. Page, Pupils from unorganized districts '. . 824 44 non-residents, may admit (Note 14, Appendix D) 212 suspension and expulsion of : 825 45 transfer, may 824 45 transportation of, routes of travel 832 49- Purchase of site 831 48 Quorum 806 38 Records, open to public 836 51 Remote pupils, new school for. 831 47 Repairs , fuel and supplies 821 43 Report library statistics 822 44 Schools, establishment of new for remote pupils 831 47 School house, may permit use for other purposes 828 45 conditions on which use is permitted 828 45 Speculation in office prohibited 9402 203 Stables, in rural districts, supplies, fuel and repairs 821 '43 Tax levy 854 59 for sinking, fund and interest on bonds 914 84 how made and when made 827 45 no abatement after notice to county auditor 827 45 Teachers , employ and dismiss 823 44 Text books, free, powers as to 1027 121 Treasurer, bond of 811 40 additional bond 812 40 action on 905 81 . fidelity company 813 41 premium, district must pay 813 41 vacancy 811 40 Truant officer, may employ, when 896 79 , Vacancies 861 63 SCHOOL CALENDAR— (Appendix E) 216 SCHOOL DISTRICTS— Apportioninent forfeited 847 55 Bonds, meeting to vote on (see elections) 910 82 Boundaries 786 30 changed when districts in two townships 792 (5) 33 future changes in 793 33 general changes in 792 (6) 33 rearrangement of • ^ 792 32 Civil township in a single district 792 (1) 33 Conditions on which organized 786 30 Congressional township a single district 792(2) 33 Consolidated, when 792(4) 33 Contracts of, irregular, ratified 796 35 INDEX 251 SGHOOL DISTRICTS— Continued — - ' Section. Page. County treasurer, accounts with. . .■ 852 59 Debt of, bonded, to be included in.......,.,.;....,.......... 183 16 estimate 183 16 bonded in excess of 5 per cent, void 183 16 credit of district, for what 185 16 may be pledged 185 16 evidence of, to be properly endorsed. 187 16 no bill to be paid until statement is filed, and audited.... 186 16 not to exceed 5 per cent, of valuation 183 16 payment of principal and interest to be provided for. .. . 184 16 Decisions of supreme court (Appendix C) " .... • 205-212 .Divided, when.... ..,/... 943 94 Division to form special district... 937 92 of property on division of district 945 94 of hy natural obstacle. 788 31 ! Election on bonds, petition for 911 83 Fractional township may be consolidated 790 32 ■ General changes in boundary lines 792 (6) 33 ; Having no school board., creditors, how paid. 858 - 62 taxes in 858 62 Irregularities legalized 796 35 : :, May sue and be sued, contract and hold property. .. 794 34 Name of ;... • ... 791 32 . New, how formed 787, 793 31-34 Not entitled to tuition fund unless enumeration taken 847 55 unless 50 per cent of children enumerated attended school sixty days 835 50 unless school was maintained six months in old district and four months in new 847 55 Members of 791 32 old, retained 791 32 Officers , in new district 797 35 election of 797 35 ; term of : ...:. 797 35 Organization (Note 8, Appendix D) ;..;...... 211 Partly organized territory 792 (3) 33 • ' Petition for organization ". . 786 30 Plats, county auditor to furnish 795 34 'Property pledged as security for bonds ....'....... 986' 108 , Schools must be free / 894 (4) -78 Schoolhouses already built may be bonded for. .:....:... . 919 ' 87 ' Security for bonds , property is .■ 986 ' 108 . Special and independent, entitled to tuition fund,..when. . . 894 57 .., Territory,. in two counties, how divided 788- • 31 , ^To confoi:ni> to civil township 785 30 252 INDEX SCHOOL DISTRICTS— Continued— Section. Page. Town or village divided by county line 789 31 Treasurer's bond , action on 905 81 Tuition fund, not entitled to unless enumeration taken 847 55 unless 50 per cent of children enumerated attended school sixty days 835 50 unless school v^^as maintained six months in old district and four months in new 847 55 What constitutes 784 29 What territory may be organized into 786 30 SCHOOL FUNDS— Attorney general to collect past due accounts 158 172 County tuition fund, how apportioned 855 (2) 61 how levied 855 61 Damages recovered for trespass belong to general fund. . . . 226 196 Decisions of supreme court (Appendix E) 203-212 Deposit in depository releases treasurer from liability 914 85 District funds controlled by treasurer 846 55 not entitled to unless enumeration made 847 55 unless children enumerated attended school sixty days.. 835 50 unless school was maintained six months in old district and four months in new 847 55 treasurer's books, how kept 846 55 Embezzlement of 904 80 How paid out 814 41 Institute fund, fee for certificates 876 70 Interest coupons, payment of 985 108 Investment of 983 106 school board may buy bonds 983 (1) , (3) 155 106-170 in mortgages 983 (4) 107 Not to be used, for private or denominational schools (Ap- pendix D, Note 17) 212 Permanent and general funds 199 186 apportionment of 154 12 care of 165 15 created 13, 153, 159 8-12-14 investment of 162 15 proceeds from land sales 159 14 Special fund , defined 845 55 State tuition fund, apportionment 843 53 by county superintendent 848 56 by state : 844 54 county treasurer, duty of 844 53 defined 845 55 excess, how used.... 845 55 INDEX 253 SCHOOL FUNDS— Continued— Section. Page. State tuition fund, how raised 843 63 how used 845 55 interest on permanent fund kept separate 844 54 independent and special districts entitled to, when 849 57 new district 847 56 state auditor, duty of 844 54 warrants on state treasurer 844 54 Surplus, disposal of 991 109 withheld when clerk fails to make enumeration. 847 55 when 50 per cent of children of school age do not attend school sixty days 885 50 when school is not maintained six months in old district and four months in new 847 55 ' Unlawful drawing, penalty for 903 80 When county treasurer to pay district treasurer 851 58 SCHOOL OF FORESTRY— Board of directors, appointment of 1232 167 audit accounts 1235 168 commissions " 1233 168 compensation 1234 168 meetings 1234 168 special 1234 168 oath 1233 168 organization 1233 loe quorum • 1233 168 reports • 1236 16 vacancies 1232 167 Course of study * 1231 167 Location 1231 167 Management • • • • 1232 167 Object 1231 167 Tax levy for maintenance 838 5^ 2-100 of a mill 840 52 SCHOOL HOUSES— Board of education to buy or build 960 (4) (5) 98 Board of education must consult with county Superintend- ent of schools and county superintendent of health on plans for construction, lighting, heating of , etc.. 829 46 Board of inspection of, who constitutes 829 47 duties of 829 47 Bonds for building 910 82 of contractors 6252 202 how executed 6252 20., 254- INDEX SCHOOL HOUSES— Continued— Section. Page. Contracts for building 965 101 Location of (Note 5, Appendix D) 212 May be used for other purposes 828 45 Plans of one and two-room buildings to be furnished by state superintendent 829 46 Proposal for building 918 86 SCHOOL LAWS— Revision of by attorney general and governor (Chapter 102, Laws of 1907) 22 Report to legislature (Chapter 102, Laws 1907) 23 shall be introduced into the legislature (Chapter 102, Laws 1907).:.. 23 Superintendent of public instruction shall publish 756 21 SCHOOL OF MINES— Land grant to 17 9 Location of 215(2) 17 Tax levy for maintenance 838 52 SCHOOL AND PUBLIC LANDS— Action to recover possession 187 182 Appraisal of subdivision 179 180 (See county board of appraisal.) SCHOOL AND PUBLIC LANDS— . Assessor to examine land 197 186 Claim for occupation, etc., not recognized 163 15 Contracts of sale assignable 182 180 payments on, made to county treasurer 192 184 surrender and division of 183 180 voidable on failure to pay principal or interest 184 181 Damages for trespass to go to general fund 226 196 Equalizing appraisement 204 188 Fee in state until contract is fulfilled 186 182 Land commisioner, fees of 229 196 Leasing of 161 14 adjournment 209 190 appropriation for expenses of 228 196 contract of 210 191 cultivated lands : 203 188 hay, when to cut . .' 213 192 highest bidder, must deposit amount bid 208 190 how conducted 207 189 land subject to 202 187 notice of 206 189 removal of improvements 211 190 second bid accepted , when 208 190 INDEX 255 SCHOOL AND PUBLIC LANDS— Continued— Section. Page. Leasing, selection of land for 205 189 timber not to be destroyed 211 190 uncultivated lands must not be broken 212 191 Leasing for coal mining 216 193 manner of 217 193 mining without lease, penalty 223 194 price to be paid 218 193 restrictions 221 194 right to rent surface reserved , . . 220 194 rules to determine rental 219 193 schedule of lands 222 194 Notice of sale 169 176 Patents, how executed 189 183 record of 190 183 when to issue 158 14 ditto 186, 189 182-183 Payments, disposition of 192 184 Property severed to be seized 225 195 Reconveyance to the U. S. , when 188 182 Records to be deposited with the commissioner 198 186 Reservation of 88, 10, 17 7-8-9 Resale of 171 177 Redemption, right of, where contract is voided 185 181 State institutions, grant to 17, 215 8-17 Sale of lands 160 14 adjournment of 172 177 amount to be sold 200 186 approval of 174 178 execution of contracts 175 179 expenses , how paid 228 196 lands withdrawn , when 173 178 manner of sale 170 177 must sell for appraised value or more 170 177 nor for less than $10 per acre 14, 158 8-13 notice of 169 176 to purchaser 175 178 rights of purchaser under contract 181 180 selection of lands for sale 168 . 176 terms of 171 177 where and how conducted 158 14 when, and on what terms 155, 158 13 void, when 176 179 Subdivision of lands 178 179 Surveys, when made 177 179 Taxation, when subject to 191 183 Trespass on , 215, 224 192-195 256 INDEX SCHOOLS, PUBLIC— Section. Page. Always under state control — 152 12 Bible not to be excluded from 888 74 Close for teachers' institutes 885 73 Course of study 883 72 Must be free 894 77 Must be maintained 4, 69, 147, 148 8-10-11-12 Must be non-sectarian 147 11 Willful disturbance of, penalty for ■ 908 81 SCHOOL SITES— Bonds for purchase of 910 82 How obtained 830 47 selected 829 46 New school for remote pupils 831 47 Purchase of 831 48 Reversion 830 47 SCHOOL TREASURER— Accounts, how kept 850 57 settlement , when , 850 57 Action on bond 817 42 ditto 905 81 Additional bond, when required 812 40 Bond of 811 40 Bonds, municipal, shall negotiate 915 85 County treasurer to pay funds, to, when 851 58 Deposit in depository releases from liability 914 85 Embezzlement of funds 904 80 Endorsement on unpaid warrants 815 41 False reports, penalty for 907 81 Funds, how paid out 814 41 Liability, exempt from on deposit with depository 914 85 Notice to drawee of unpaid warrants 815 41 bond of •• 968 101 duties of 967 101 Records , open to public ■. 836 51 Reports , form of 850 58 on triplicate 850 57 false, penalty for 907 81 Salary of 818 42 Surety bond 813 40 Unlawful drawing of money 903 80 penalty for 903 80 Vacancy .• 811 40 Warrants, unpaid to be endorsed 815 41 penalty for failure 906 80 notice to drawee, when sufficient funds 815 41 When county treasurer to pay funds to 851 58 INDEX 257 SCHOOL MONTH— Section. Page. Defined • 882 72. SCHOOL TERM— Increased on petition 833 iW Length, and how fixed 832 48 Maximum length of 833 49 Special districts, length of 960 (11) 98 SCHOOL WEEK— Defined 882 72 SCHOOL YEAR— Defined 882 72 SEALS— Board of education, independent district 999 112" County superintenderlt 768 25- Superintendent of public instruction 758 21 SECRETARY BOARD OF EDUCATION— (See board of education). SECRETARY OF STATE— Board of university and school lands, member of 152 169^ Bond of land commissioner, filed with 153 169- Furnish university with official publications 1059, 1060 136-137 SINKING FUND— Investment of 983 105 To pay bonds 3001 202 SITES— (See school sites). SPECIAL DISTRICTS— Creation of 938 92 Constituted, when 943 94 Division of property 945 94 Duty of board as to health and decency 1038 128 Election to form 939 92 of board of education " 971 103: notice of 972 lOS form of 973 103 Formation under present law 948 95. How organized 95-2 96 Investment of funds 903 106' May become part of general district, when, how 970 102 What are 937 92 What may become 937 92 School Laws— 17 258 INDEX SPECIAL LAWS— Section. Page. Independent districts (Appendix A) • 198 SPECULATION— In office prohibited ■ 9402 203 STABLES— In rural districts 1039 128 STATE'S ATTORNEY— Prosecute action for trespass 227 196 STATE AUDITOR— Board of university and school lands, member of 152 169 Deaf and dumb school, issues certificates 1150 156 Industrial school, warrants for 1175 164 Institute fund , warrants on 892 76 School funds, authority to draw warrants on 160 172 Tuition fund , state , duties as to 844 54 STATE EDUCATIONAL LIBRARY— Appropriation for. ... .- 1030 122 STATE GEOLOGIST— Professor of geology at university 1069 139 STATE HIGH SCHOOLS-- See high school board). STATE INSTITUTIONS— Heads of (Appendix G) 221 STATE PUBLIC LIBRARY COMMISSION— Appropriation (Chapter 243, Laws 1907) 124 Assist in organizing libraries (Chapter 243, Laws 1907) 124 Borrow books from (Chapter 243, Laws 1907) 123 Compensation (Chapter 243, Laws 1907) 123 Composed, how (Chapter 243, Laws 1907) 123 Duties (Chapter 243, Laws 1907) 123 Legislative reference bureau, shall establish (Chapter 243, Laws 1907) 124 Librarian, may appoint (Chapter 243, Laws 1907) 123 Office, where (Chapter 243, Laws 1907) 124 Officers (Chapter 243, Laws 1907) 123 Powers (Chapter 243, Laws 1907) 123 Records, what to consist of (Chapter 243, Laws 1907) 124 Reports, to legislature, on what (Chapter 243, Laws 1907) .... 124 ■ Rules for transacting business 123 shall make (Chapter 243 , Laws 1907) 123 for borrowing, returning and caring for beeks, shall make (Chapter 243, Laws 1907) 123 INDEX 259 STATE PUBLIC LIBRARY COMMISSION— Continued— Section. Page. Term of office (Chapter 243, Laws 1907) 123 Vacancy, -how filled (Chapter 243, Laws 1907) : 123 Who are members (Chapter 243, Laws 1907) 123 STATE PROiFESSIONAL CERTIFICATE— 869 65 For life 1091 143 five years 1091 143 STATE REFORM SCHOOL— (See reform school.) STATE TREASURER— . Custodian of school funds 157 171 of securities 157 171 of funds of academy of science 1098 145 of industrial school 1178 165 of reform school (Revised Codes 1905) 10329 Collect money due on securities 158 172 Keep funds of normal schools 1081 141 Report collections on school land sales 158 172 STATE TUITION FUNDS— (See school funds.) STATE UNIVERSITY— (See university.) STATUTES— Not included in school laws (Appendix B) 198 203 STIMULANTS— (See narcotics.) STUDIES— Assignment by teacher 887 A SUPERINTENDENT— Board of education may employ 960 (9) 99 Schools , supervision of 962 100 SUPERINTENDENT OF PUBLIC INSTRUCTION— Appeals from county superintendent, shall determine 754 21 prescribe procedure 754 21 Board of university and school lands, member of 749 19 B'ond (Note 1, Appendix D) 210 Books, reports, etc., to be preserved 748 19 Biennial report 760 22 Confer with county superintendents 757 21 Course of study in public schools, prescribe 752 20 250 INDEX SUPERINTENDENT OF PUBLIC INSTRUCTION— Continued- Section. Page. County superintendents, shall advise 754 21 Diplomas from university, endorsement of 1054 135 Educational association, publish proceedings of 762 23 Election of 747 19 Examinations, teachers', shall prepare questions 751 20 Have general supervision of public schools 749 19 High school board, member of 1031 125 Normal school board, member of 749 19 ditto 1077 140 Office of 82 10 Powers and duties 83 10 Purchase books for district and traveling libraries 750 20 Qualifications for 82, 747 10 Records , shall keep 755 21 printing and distribution of 761 22 Revoke certificates 751 20 Salary 84, 763 10 Traveling expenses 763 23 Term of office 82, 747 10 School laws, shall have printed 750 • 20 Seal of 758 21 Supplies, blanks, etc., to furnish 750 20 Teachers' examinations, duties as to 869 65 institutes , assist at -. 759 21 appoint conductors ; 891 75 course of study, prescribe 753 20 rules and regulations, prescribe 753 20 reading circles, prescribe course 753 20 training schools , prescribe course 753 20 Text books, supply list of 1027 121 Vacancy 859 62 SUPPLIES— State superintendent to furnish 750 20 SUPREME COURT— Decisions of (Appendix C) 203-209 SUPREME COURT REPORTS—- Secretary of state shall furnish university 1059 136 SURETY BONDS— May be required (Revised Codes 1905) 4455 SUSPENSION OF PUPILS— By school board §25 45 teacher 886 74 INDEX 261 TAXES— . Section. Page. Annual school tax 964 100 Bonds issued when taxes insufficient 979 104 Delinquent 855 (3) 61 Equalization of debts, maximum levy for 866 64 paid to district treasurer 867 65 How and when collected 853 59 In districts having no school board 858 62 Levy for sinking fund and interest on bonds 914 84 ditto 982 106 how made and when 827 45 dito 854 59 maintenance for state institutions 838 52 resolution by board of education, to provide for 982 106 to pay bonds 982 106 to pay divided bonded indebtedness 866 64 to pay judgment 854, 856 60-61 to pay previous debts and to equalize 865 64 Maximum levy for all purposes 868 65 Refund, when 853 59 School board cannot abate after notice to auditor 827 45 Uniform , must be 856 61 What property taxable 963 100 TAXES — Independent District — Board of education, powers as to. 1003 113 Collection of 1004 113 Limitation on 1005 114 TAXES— School lands, when subject to 191 183 Support of state institutions, how apportioned 840, 841 52 TEACHERS— Board of education , duties as to 960 99 Bible, reading of 888 74 Certificate and permit, to whom granted 875 69 aliens not entitled to (Note 25, Appendix D) 213 professional 869, 1091 65-143 third grade (Note 19, Appendix D) 212 Contract, must be in writing 823 44 not affected by change in district (Note 20, Appendix D) .... 212 when void 875 69 Decisions of supreme court (Appendix C) 203-209 Examination for certificate 869 65 Excuse from attendance at institute, when 769 24 Institutes, must attend 767, 885 24-73 penalty for failure 885 73 May suspend pupils 886 74 262 INDEX TAXES— Continued— Section. Page. Moral instruction by 888 74 No compensation, when 880 71 Normal students in university to file declaration of intention to teach 1057 136 Notice of beginning and closing terms of school 879 71 Permits to teach (Note 18, Appendix D) 212 Physical exercise, instruction in 889 74 Qualifications of 875 69 Re-examination , when 874 68 Register, what to contain , 881 72 Report to county superintendent . . . . 881 72 Report and salary (Note 22, Appendix D) 213 Salary, in case of quarantine (Note 21, Appendix D) 213 graded 823 44 To grade pupils 887 74 Wages held back, when 881 72 Who may be 823 44 TEACHERS' INSTITUTES— (See superintendent of public instruction.) Appropriation for 890 75 by county commissioners 893 77 Conductors , appointment of 890 75 Funds 890 76 how paid out 892 75 Notice of 885 73 Rules and regulations, state superintendent to prescribe... 753 20 TEACHERS' READING CIRCLE— (See superintendent of public instruction.) Fees from normal and professional certificates 872 67 TERM— Of office (Note 9, Appendix D) 211 county superintendent 764 23 state superintendent 747 19 Of school (See school term.) TERRITORY— Adjacent, how attached 949 95 Divided, when 943 94 by natural obstacle 788 31 to form special district 938 92 In two counties • 788 31 New districts, may include what 787 30 What may be organized 786 30 TEXT BOOKS, FREE— (See free text books.) INDEX 263 TIMBER— Section. Page. Board of university and school lands may sell what 214 192 Lessee of school lands not to destroy 211 191 TITLE— How acquired 830 47 Of school lands is in state 186 182 TOWNSHIP— Civil may be organized into school district •. . . . 792 (1) 03 Congressional may be organized 792 (2) 33 Fractional tnay be consolidated 790 ' 31 TRAINING SCHOOLS, TEACHERS'— (See superintendent of public instruction. y TRAVELING EXPENSES— Of state superintendent 763 23 TREASURER— (See school treasurer.) (See state treasurer.) TRESPASS— Damages recovered go to general fund 226 190 On public lands 215, 224 192-193 State's attorney to prosecute actions for 227 196 TRUANT OFFICER— School board may employ 8dG 78 TRUSTEES— (See under various institutions.) TUITION FUND— (See school funds.) UNCULTIVATED LANDS— Must not be broken 212 191 UNITED STATES BONDS— Investment of school funds in 983 ( 1 ) 106 UNITED STATES FLAG— To be displayed when Penalty for failure 264 INDEX UNIVERSITY— Section. Page. Board of trustees adopt rules of government.' 1046, 1057 132-130 Budge, William, life member of 1041 131 cause weather reports to be kept 1065 137 compensation 1056 136 distribution of reports 1048 133 elect president and faculty 1046 132 fix salaries 1058 136 from same county, limit 1042 131 geological and' natural history survey 1063 187 geological map 1067 188 government of university 1041 131 how^ appointed 1042 131 maintain museums 1066 138 may expend income 1047 133 may remove president or any professor 1046 132 may unite any college with university 1047 138 meetings 1044 132 number of, limited 1045 132 officers and records 1043 131 powers and duties 1043 131 prescribe requirements for admission 1057 136 rules for management of property ■. . . 1048 132 quorum 1044 132 reports as to surveys 1068 138 to governor 1048 183 secretary, duties 1043 131 superintendent of buildings and grounds 1043 131 vacancies 1042 131 Course of instruction. 1051 134 Departments 1050 134 Diploma, endorsement of by state superintendent 1054 135 Geological survey, extent of 1064 137 appropriation for 1070 189 Graduates entitled to certificate to teach 1054 135 Instruction to be nonpartisan and nonsectarian 1046 182 Land grant to 17 9 Location 215, 1040 17 Muskets , loan of, authorized 1061 , 1062 137 Normal graduates, professional certificate 870 , 66 students file declaration of intention to teach 1057 136 Object 1050 184 Official publications to be furnished 1059, 1060 136-137 President, member of high school board 1031 125 and faculty, powers 1049 133 elected by trustees 1046 182 salaries to be fixed by trustees 1058 136 Pupils , who may become 1053 185 INDEX 265 UNIVERSITY— Continued— Section. Page. Rents , penalties , etc. , from lands 842 53 Requirements for admission, trustees to fix 1057 136 Scandinavian language 1052 135 State geologist, professor of geology is 1069 189 Tax levy for maintenance 838 52 30-100 of a mill 840 52 Tuition fees 1055 135 VACANCIES— (Notes 3 and 9, Appendix D) 210 Board of education, how filled 977 104 independent district 998 112 Commissioner of university and school lands 163 173 County superintendent 860 63 Director of school of forestry 1232 167 Election board 802 37 Failure to give bond -. 968 101 treasurer of independent district 1008 115 School clerk 862 63 treasurer 811 40 Superintendent of public instruction 859 62 Trustee of agricultural college 1102 146 blind scnool '. 1153 157 deaf and dumb school 1134 152 industrial school 1174 163 normal school 1078 140 When 863 63 VOTE— Who may 799 36 VOT'ERS— Privileged from arrest , when 123 11 Residence not lost, when 125 11 Soldiers and sailors not residents 126 11 Who are 121 11 are not 127 11 qualified (Note 10, Appendix D) 211 women are , when , 128 11 WARRANTS— Decisions of supreme court (Appendix C) 203 209 Money paid only on proper 967 101 no money paid except on proper 814 41 Notice to drawee of sufficient funds 815 41 Only for prior indebtedness 816 42 Penalty, failure to endorse unpaid 906 81 Unpaid bear interest 815 41 to be endorsed 815 41 What to specify 816 42 266 INDEX WATER CLOSETS— Section. Pagp. School board must provide 1038 128 WALCOTT— Independent district of (Appendix A)... 198 WEATHER REPORTS— To be kept at university 1065 137 WEEK, SCHOOL— Defined 882 72 WOMEN— Are voters , when 128 11 YEAR, SCHOOL— « Defined 883 72