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plaint of the tax collector or his deputy, and upon conviction before a Justice of the Peace, he shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment for a term of not less than two days nor more than three months, or by both such fine and imprison

ment.

SEC. 56. On the first Monday of each month the tax collector shall make oath before the clerk of the board of supervisors, of the total number of poll taxes collected by him during the last preceding month, and shall at the time file the county treasurer's receipt for the total amount of poll taxes collected, less the amount allowed by this for fees; and on the third Monday in December he shall return all the poll tax receipts by him received and not used, and shall pay to the treasurer the total amount collected and not paid in therefor, subject to the deduction aforesaid; and on the said third Monday in December of each year, the tax collector and the treasurer shall attend at the office of the board of supervisors, and the board of supervisors shall then and there finally settle with the tax collector for all poll tax receipts signed by the treasurer and delivered to him; and the tax collector shall then pay over the amount of all poll tax receipts received by him and not then or theretofore returned; and no poll tax receipts shall be valid for any year unless issued after the first Monday of Janary in such year.

SEC. 57. At the settlement with the tax collector, required on the third Monday in December, it shall be the duty of the clerk of the board of supervisors, and he is hereby required, to forthwith transmit to the Territorial Auditor a certified statement of the amount of poll taxes paid over to the county treasurer of his county up to that time, and he shall deliver a duplicate of such statement to the county treasurer; and on the final settlement, on the third Monday in December in each year, the clerk of the board of supervisors shall, immediately upon the conclusion thereof, transmit a certified statement to the Territorial Auditor, stating therein the number of all receipts for poll tax delivered by the county treasurer to him, the number of such receipts issued by him to the tax collector, also the number of such receipts returned by the tax collector.

SEC. 58. Chapter 33 of the Compiled Laws of Arizona, and all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 59. This act shall be in force and take effect from and after its passage.

APPROVED February 12th, 1875.

AN ACT

To transfer the County of Mohave from the Second Judicial District to the Third Judicial District of this Territory.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. The county of Mohave is hereby made a part of the Third Judicial District of the Territory, and the judge of said district is hereby directed and required to hold such terms of the district court at the county seat of said county as are or may be required by law to be held.

SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

APPROVED February 12th, 1875.

AN ACT

To establish Public Schools in the Territory of Arizona. Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. A tax of fifteen cents upon each one hundred dollars' value of taxable property is hereby levied and directed to be collected and paid into the Territorial Treasury as a special fund for school purposes, to be disbursed as hereinafter provided; said tax to be levied and collected at the same time' and in the same manner as other territorial revenues.

SEC. 2. The board of supervisors of each county shall annually, at the time of levying other taxes, levy a county school tax of thirty-five cents on each one hundred dollars' valuation of taxable property, which tax shall be added to the county tax and collected in the same manner, and paid into the county treasury as a special fund, to be drawn as hereinafter provided.

SEC. 3. The Secretary of the Territory, the Governor and the Territorial Treasurer shall constitute a Territorial Board of Education, of which the Governor shall be president and the Secretary of the Territory shall be secretary.

SEC. 4. It shall be the duty of the board of education to hold at least two sessions annually, for the purpose of devising plans for the improvement and management of the Public School funds and for the better organization of the Public Schools of the Territory; and it shall be the duty of the president of the board to call such other meetings at such times as he may deem advisable and necessary. A full record of the proceedings of the board shall be kept by the secretary, and shall be embodied in the annual report of the Governor.

SEC. 5. It shall be the duty of the Governor, subject to the supervision of the Territorial Board of Education, to apportion to the several Counties on the second Monday of January, June, and September of each year, the amount of money to the credit of the school fund to which each County shall be entitled under the provisions of this act, in proportion to the average number of children that have attended school in each of said Counties during the three months prior to January first of each year. Provided, that the apportionment shall be made until the second Monday in January, 1876, upon the basis of the number of children in each County between the ages of six and twenty-one years.

SEC. 6. It shall be the duty of the Governor to make an annual report on or before the fifteenth day of January of each year to the Territorial Board of Education, who shall cause the same to be published, and shall transmit a copy thereof to the legislature. Said report shall contain a full statement of the condition and amount of all funds and property appropriated for the purpose of education, the number and grade of schools in each County, the number of children in each County between the ages of six and twenty-one years, the number of such attending Public Schools; also the number of children between the ages of eight and fourteen years, the average number of children that have attended the Public Schools during the three months previous to January first of each year, the number attending private schools, the number not attending any schools, the number that can read and write, the amount of school money appropriated to each County, the amount of money raised by County taxation, district taxation, or otherwise, a statement of plans for the management and

improvement of Public Schools, and such other information relative to the educational interests of the Territory as he may deem important.

SEC. 7. The Governor shall prescribe suitable forms and regulations for making all reports for conducting all necessary proceedings under this act, and shall cause the same, with such instructions as he may deem necessary and proper for the organization and government of schools, to be transmitted to the local officers, who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing more accurate returns from teachers of Public Schools, and shall furnish each County Superintendent with a number sufficient to supply at least one copy thereof to each District or school of such County. He shall certify the cost for printing said blanks to the Territorial Auditor, who shall draw his warrant on the Territorial Treasurer in favor of the person to whom said amount is due, and the Treasurer shall pay said warrant out of any money in the treasury not otherwise appropriated.

SEC. 8. It shall be the duty of the Governor to visit each County in the Territory once in each year, for the purpose of visiting schools, of consulting County Superintendents, of lecturing and addressing public assemblages on subjects pertaining to Public Schools.

SEC. 9. The Governor, at the expiration of his term of office, shall deliver over to his successor all property, books, documents, records, reports and other papers that may be in his possession in pursuance of this act.

SEC. 10. It shall be the duty of the Territorial Treasurer to receive and hold, as a special fund, all Public School moneys paid into the Territorial Treasury, and pay them over only on the warrant of the Territorial Auditor, issued upon the order of the Territorial Board of Education, and countersigned by the Governor, in favor of the County Treasurer, which order duly indorsed by the County Treasurer, shall be valid vouchers in the hands of the Territorial Treasurer for the disbursement of said moneys.

SEC. 11. All school moneys due each County in the Territory shall be paid over by the Territorial Treasurer to the County Treasurer as follows: On the second Monday of January, June and September, or as soon thereafter as the County Treasurer may apply for the same, upon the warrant of the Territorial Auditor, drawn in conformity with the apportionment of the Governor, as provided in section six of this act.

SEC. 12. It shall be the duty of the Treasurer of each County: First, To receive and hold, as a special fund, all public school moneys, whether received by him from the Territorial Treas urer, or raised by the County for the benefit of public schools, or from any other source, and to keep a separate account thereof, and of their disbursement. Second, On receiving any public school moneys subject to distribution, to notify the County Superintendent of Public Schools of the amount thereof. Third, To pay over, on the warrants of the County Superintendent, duly indorsed by the person entitled to receive the same, any or all of said moneys. Fourth, On or before the first day of January, annually, to make a full report to the Governor of the public school moneys received into the County Treasury within the year ending December thirty-first next previous thereto, with a particular statement of the disbursement of said school moneys (and of any amount of said school moneys) which may remain in his hands for distribution at the close of the said year, designating whether of Territorial or county school fund; and, in case of the failure or neglect of said County Treasurer to make such report, he shall forfeit, for the benefit of the County school fund, the sum of one hundred dollars from his official compensation; and it is hereby made the duty of the Board of Supervisors, on notice from the Governor of such failure or neglect on the part of any County Treasurer, to deduct said one hundred dollars from his compensation, and place said amount to the credit of the county school fund.

SEC. 13. The Probate Judge of each County in the Territory is hereby made ex officio County Superintendent of Public Schools for his County, and shall be paid quarterly out of the school fund of said County the sum of one hundred dollars per annum, to be paid by the County Treasurer quarterly upon the receipt of the Superintendent.

SEC. 14. It shall be the duty of the County Superintendent of Public Schools, upon receiving notice from the County Treasurer, as provided in this act, to apportion the public school moneys in the County Treasury among the several school districts in his county, in proportion to the number of children that have attended the public school in the said District during the three months previous. In making said distribution, he shall have power and it shall be his duty to draw his warrant on the County Treasurer in favor of and to deliver the same to the person entitled to receive the same. Provided, no such warrant shall be drawn in favor of any School District until full and correct returns have been made to him by the same as required by law, and a certificate of the Board of Trustees

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