given, showing for what purpose, in accordance with this act, the money is required; and provided, further, that no such warrant shall be drawn in favor of any School District, unless there is cash in the treasury at the time to the credit of said School District.

SEC. 15. It shall be the duty of school teachers in each public school taught in this Territory, to keep a correct daily record of the number of children attending such school, and at the expiration of each quarter to certify under oath to the Board of Trustees of the School District in which said school was taught, the average daily attendance at said school during the said previous quarter, and it shall be the duty of said School Trustees to forward a statement, verified by the oath of one or more of said Trustees, of the average daily attendance at said school during the previous quarter, as furnished by said teacher, to the Superintendent of public schools of the County in which said school has been taught.

SEC. 16. The County Superintendent shall have power, and it shall be his duty, in accordance with the provisions of this act, and the instructions of the Governor: First. To visit each school in his county once in each year, exercise a general supervision over the interests of public schools in his county, and give the School Trustees, Marshals and teachers such aid and counsel as may be important to the prosperity of the schools. Second. To distribute promptly such blanks, reports, forms, laws and instructions as shall be received by him from the Governor, for the use of school trustees, marshals, and teachers and other officers entitled to receive the same. Third. To keep on file in his office the reports of the School Trustees, Marshals and teachers received by him, and to record all official acts in a book to be provided for that purpose, and at the close of his official term of office to deliver over to his successor such records, and all documents, books and papers, belonging to his office, and to take a receipt for the same, which shall be filed in the office of the County Treasurer. Fourth. To make a full report in writing annually, on or before the first day of January, for the year next previous thereto, to the Governor, such report to include an abstract of all the various annual reports of the School Trustees, Marshals and teachers, by law required to be made to the County Superintendent for the preceding year; also, the daily average attendance of scholars at the public schools in the County, so returned to him by the School Trustees in accordance with section seventeen of this act, during the three months preceding January first of each year. Fifth. To appoint School Srustees and Marshals in all School Districts

in which the qualified voters shall fail to elect said School Trustees and Marshals, and to fill by appointment all vacancies which may occur by death or otherwise, when the voters of the District fail to comply with the provisions of the law.

SEC. 17. If the County Superintendent fails to make a full and correct report to the Governor of all statements required to be made by law, he shall forfeit the sum of ten dollars from his salary, and the Board of Supervisors are hereby authorized and required to deduct therefrom the sum aforesaid, upon information from the Governor that such returns have not been made.

SEC. 18. There shall be elected at the general election held for the election of County officers, three School Trustees in each School District of the Territory, said School Trustees are hereby anthorized to administer to each other the oath or affirmation of office and to forward their certificate of election, with the oath or affirmation indorsed thereon to the County Superintendent of public schools.

SEC. 19. It shall be the duty of the Trustees, any two of whom shall constitute a quorum for the transaction of business, to meet as soon as practicable, after taking the oath of office, at such place as may be most convenient in the District, and to organize by appointing one of their number clerk of the board, who shall preside at the official meetings of the Trustees, and record the proceedings in a book to be provided for that purpose, together with the minutes of the proceedings of the annual school meetings held in the District, by the qualified voters thereof, which shall be public record, and all proceedings, when so recorded, shall be signed by the said clerk. They shall also appoint one of their number as District TreasThe Trustees shall meet at least once a quarter, and as much oftener as they may deem advisable.

urer.

SEC. 20. The District Board of Trustees shall constitute a body corporate, and shall be intrusted with the care and custody of all school property within said District, and they shall have power to convey by deed, duly executed and delivered, all the estate or interest of their District in any school-house or site directed to be sold by the vote of the District, and all conveyance of real estate which may be made to said board shall be made in their corporate name, and to their successors in office, said Board of Trustees shall have further power, subject to the approval of the Board of Supervisors, to purchase,

receive, hold and convey real or personal property for school purposes, to build, purchase, hire and repair school-houses, and to furnish the same with necessary furniture, and to fix the location of school-houses.

SEC. 21. No Trustee shall be pecuniarily interested in any contract made by the Board of Trustees of which he is a member, and any contract made in violation of this section shall be null and void.

SEC. 22. It shall be the duty of the Board of Trustees in each District to take or cause to be taken, by a School Marshal to be appointed by them in the month of May of each year, an enumeration of all the children between the ages of six and twenty-one years, also between the ages of eight and fourteen years, within such District, and return a certified copy thereof, under oath, to the County Superintendent of Public Schools, before the first day of June of each year. The Trustees shall also report the number of schools, specifying the different grades; the number of teachers, male and female; the number of children, male and female, who have attended school; the duration of term of schools; the compensation of teachers, male and female; the number and condition of school-houses and furniture, and the estimated value thereof; the amount expended in erecting school-houses; the amount of money derived from district taxation or subscription, and such other statistics as the Governor may require.

SEC. 23. It shall be the duty of the Board of Trustees to provide school-houses, either by purchase or rent, as shall be necessary for the accommodation of schools, subject to the approval of the Board of Supervisors as hereinafter provided. They may provide books for the indigent children and record books for the District, and pay for the same out of the County school moneys belonging to their District. They may suspend or expel from school within their District, with the advice of the teacher, any pupil who will not submit to the reasonable and ordinary rules of order and discipline therein; they may also apportion the school funds among the several schools within their District, in proportion to the average number of pupils attending school; and they shall, at the close of their official term, deliver over to their successors in office all books and records in their hands as such Trustees, and take a receipt for the same, and file it with the County Superintendent.

SEC. 24. When the Territorial and County money to which any District is entitled is not sufficient to build or rent suitable

buildings, and to pay for keeping a school open in such District for at least three months in each year, it is hereby made the duty of the Trustees of each District to levy a direct tax upon the taxable property in such District, sufficient to raise an amount which, together with the Territorial and County money to which such District is entitled, will keep a school open three months in each year; and the Board of Trustees of any School District, when in their judgment it is advisable, may call an election and submit to the qualified voters of the District the question whether a tax shall be levied to keep a school open a longer period than the ordinary funds will allow, or for building an additional school-house or houses, or for all these purposes. Such election shall be called by posting notices in three of the most public places in the District for twenty days, and also, if there be a newspaper in the County, by advertising therein once a week for three weeks. Said notices shall contain the time and place for holding the election, the amount of money proposed to be raised, and the purpose for which it is intended to be used. The Board of Trustees shall appoint three judges to conduct the election, and it shall be held in all other respects, as nearly as practicable, in conformity with the general election law. At such election the ballots shall contain the words, "Tax, yes," or, "Tax, no," and also the name of one person as Assessor and one as Collector. Provided, however, that the same person may be elected for both offices. If two-thirds of the votes cast are, "Tax, yes," the officers of the election shall certify the fact to the Board of Trustees, and shall also certify to the name of the person or persons having the plurality of votes for Assessor and Collector, the Board of Trustees shall issue certificates of election, and the Assessor shall forthwith ascertain and enroll, in the manner provided for County Assessors, all taxable persons and property in the District, and within thirty days he shall return his roll footed up to the Board of Trustees. The Board of Trustees, upon receiving the roll, shall deduct fifteen per cent therefrom for anticipated delinquencies, and thereby dividing the sum voted, together with estimated cost of assessing and collecting added thereto, by the remainder of the roll, ascertain the rate per cent required, and the rate so ascertained shall be and is hereby levied and assessed to, on, or against the persons or property named or described in said roll, and it shall be a lien on all such property until the tax is paid; and said tax, if not paid within the time limited in the next succeeding section for its payment, shall be recovered by suit in the same manner and with the same costs as delinquent Territory and County taxes.

SEC. 25. As soon as the rate of taxation has been determined, as provided in the preceding section, the Board of Trustees shall

place the tax list in the hands of the Collector, who shall give such bond as may be required by the Board of Trustees, and he shall then proceed to collect the tax and shall, within sixty days, return the roll to the Board of Trustees with the word "paid" marked opposite the name of each person or description of property from whom or which he has received the taxes, and he shall at the same time file with the Board of Trustees the District Treasurer's receipt for all moneys by him collected; and the persons or property on the roll not by the Collector marked "paid" shall be deemed delinquent, and the Board of Trustees shall order said Collector to proceed to collect the delinquent taxes in the manner prescribed in the last preceding section, and said roll or any certified copy thereof shall have the same force in evidence as a duplicate or delinquent tax roll of Territory or County taxes.

SEC. 26. All moneys collected from a District tax in any District shall be paid into the Treasury of such District. The compensation of the Assessor and Collector shall be fixed by the Board of Trustees, and be paid in the same manner as the expenses for supporting schools for the District.

SEC. 27. Whenever at least five heads of families petition the County Superintendent for the organization of a new School District, or for a subdivision of, or change in, the boundaries of an established District, that officer shall transmit the petition to the Board of County Supervisors, with his approval or disapproval of the proposition indorsed thereon. Upon receiving any such petition, the said Supervisors shall have power to establish, alter or modify the District or Districts, in accordance with the prayer of the petitioner. Provided, that no District shall be considered as organized, or to be entitled to any pro rata of moneys standing to the credit of the District from which it was separated, or of which it is a subdivision, until a public school has been actually commenced in such new School District, and unless such new School District shall commence a school within sixty days after the action of the Board of Supervisors making such new District, then such action shall become void, and no District shall exist. All School Districts organized at the time this act takes effect, according to law, are re-organized as legal organizations.

SEC. 28. All lots, buildings, or other school property owned by any District, and devoted to public school purposes, shall be and the same are hereby exempt from taxation, and from sale under execution, or other writ or order in the nature of an execution. Provided, that the Board of Trustees of any