thus apportioned to their respective counties, accompanied with his warrant for the same on the officer in whose hands it may be deposited.

SEC. 6. Supervision of district schools-visit each county-deliver public lectures. He shall have a general supervision of all the district schools [96] of the state, and shall see that the school system is as early as practicable put into uniform operation; shall visit every county at least once during his term of office, confer freely with the several school officers, and give such advice relative to schools as he may deem necessary; he shall deliver a public lecture to the teachers and people of each school district, on the subject of education, if deemed practicable, and perform generally such duties as may tend to advance the interest of education.

SEC. 7. Examine and recommend text books. He shall examine and recommend to the several school districts a uniform series of text books, to be used in the schools thereof.

SEC. 8. Prepare suitable forms-give instructions, etc. He shall prepare and have printed suitable forms for all reports required by this act, and shall transmit the same with such instructions as he may deem proper for the organization and government of the public schools, and with such directions in reference to the course of studies as he may judge advisable, to the several officers entrusted with their management and care.

SEC. 9. Make rules and regulations. He shall make all further rules and regulations that may be necessary to carry the law into full effect according to its spirit and intent, which shall have the same force and effect as though contained herein.

SEC. 10. Cause copies of this act to be printed and distributed. He shall cause so many copies of this act, with the forms, regulations, and instructions herein contemplated, thereto annexed, to be from time to time printed and distributed among the several school districts of the state, as he shall deem expedient.

SEC. 11. Report to general assembly. He shall make a report to the general assembly at each regular session thereof, exhibiting the condition of the state university and public schools, and of the funds appropriated to each, and all such other matters relating to the affairs of his office as he may think proper to communicate.

SEC. 12. Compensation. He shall receive annually the sum of twelve hundred dollars as a salary for the services required under the provisions of this act, and also all necessary contingent expenses for postage, books and stationery pertaining to his office, to be audited and paid as the salaries and contingent expenses of other state officers are.

Election and Duties of School Fund Commissioner.

SEC. 13. School fund commissioner to be elected. At the annual township election on the first Monday in April, A. D. 1850, and biennially thereafter, in each organized county in this state, there shall be elected one school fund commissioner for the county, who shall hold his office for two years and until his successor is elected and qualified.

[97] SEC. 14. Take oath and execute bond-by whom approved-where filed and who to bring suit. Within twenty days after his election he shall take and subscribe an oath that he will faithfully discharge the duties of his office, and shall also execute a bond to the state of Iowa, in the penalty of ten thousand dollars, with securities to be approved by the clerk of the district court and the sheriff of the county, conditioned for the faithful application of all school money that shall come into his hands. Said bond and oath shall be deposited with the clerk of the district court and suit shall be brought thereon at any time, in case of mal-practice in office, by the prosecuting attorney.

SEC. 15. Vacancy, how filled. Should he fail to qualify as above required, or if for any other reason there be a vacancy in the office, the clerk of the district court, prosecuting attorney, and sheriff of the county shall appoint a substitute, who shall qualify in like manner.

SEC. 16. Report to superintendent of public instruction on the 15th of October. He shall on the fifteenth day of October of each year, transmit to the superintendent of public instruction a report containing an abstract of the several particulars set forth in the reports of the district secretaries, together with a statement of the financial affairs of his office, and such suggestions as he may think proper to make relative to the schools of his county.

SEC. 17. Failure to report, to forfeit $20. Should he fail to make his report, as required in the foregoing section, he shall forfeit the sum of twenty dollars, and suit shall be brought on his official bond for the collection of the same with damages, by the prosecuting attorney.

SEC. 18. Keep an accurate account of receipts and expenditures. He shall keep an accurate account of the receipts and expenditures of his office, and shall render an account current thereof at any time when required by the superintendent of public instruction.

SEC. 19. Take receipts for moneys paid, file warrants, etc. He shall take receipts for all monies paid out, in a book provided for the purpose, file all warrants and orders drawn on him by the respective presidents of the district. boards, and all other papers transmitted to him pertaining to the business of his office, and shall hold the same subject to the inspection of the superintendent of public instruction or any of the school officers of his county.

SEC. 20. Keep accounts. He shall keep a correct account of all monies received from the township and county officers, specifying the particular source from which the same accrued.

SEC. 21. Distribute forms, circulars, etc. He shall distribute to the district officers within his county such blank forms, circulars, and other communications as may be transmitted to him for that purpose by the superintendent of public instruction.

SEC. 22. Apportion interest on permanent fund, and the county school tax. On the first day of March annually he shall apportion the interest of the permanent school fund to which his county is entitled, the county school tax, and all money in his hands appropriated for the [98] support of schools, among the several school districts of his county in proportion to the number of persons reported to him by the respective district secretaries, and shall record a statement thereof in his office.

SEC. 23. Notify school districts. He shall immediately notify the president of each school district of the amount to which his district may be entitled by said apportionment and shall pay the same over to the district treasurer, upon the warrant of the president countersigned by the secretary.

SEC. 24. Loan school fund. He shall loan out the principal of the permanent school fund, as the same may come into his hands, at the rate of ten per cent. interest per annum; said interest made payable at his office on the first day of January of each year.

SEC. 25. Money secured by note with security and mortgage. The payment of the money thus loaned, and the interest thereon, shall be secured by a promissory note, to be executed by the loanee, with two good securities, and by mortgage on real estate of the clear unincumbered value of double the amount of money loaned.

SEC. 26. Real estate upon which money is to be obtained to be appraised. The value of real estate proposed to be given in security for money loaned as herein provided, shall be fixed by three appraisers under oath, to be appointed

by the fund commissioner, who shall be allowed therefor the sum of fifty cents each, to be paid by the loanee.

SEC. 27. Loan not exceed $500, nor for less time than one year. No loan to any person or company shall exceed the sum of five hundred dollars, nor shall any loan be made for a less term than one year or more than five years.

SEC. 28. School fund commissioner authorized to administer oaths. In all cases where it shall be necessary to administer any oath or affirmation under the provisions of this act, or any other act pertaining to the duties of the school fund commissioner, he is hereby authorized to administer the same.

SEC. 29. Divide districts and number the same. He shall divide into school districts, and number the same, each township or election precinct in his county, or any part thereof, where the same has not heretofore been districted, and may alter and change the boundaries of districts thus formed, or those formed under other acts, from time to time, as the convenience of the inhabitants of the aforesaid townships and election precincts may require; and shall proceed to make such change at any time when petitioned by two-thirds of the legal voters of any district.

SEC. 30. Form districts of parts of two or more townships-or parts of two or more counties-proviso. He may form a district from parts of two or more adjoining townships, and shall number said district as belonging to one of the several townships from which it is formed; a district may also be formed from parts of two or more adjoining counties, by the concurrence of the respective fund commissioners: provided, that the persons in said district between the ages of five and twenty-one years shall be reported by the secretary of the district to the fund com-[99] missioner of the county within which they reside, and that the school money to which they may be entitled by virtue of said reports shall be paid to the treasurer of said district.

SEC. 31. Compensation. He shall receive such sum per annum for his service as may be allowed by the county commissioners, to be paid out of the county treasury.

Organization and Powers of School Districts.

SEC. 32. School districts a body corporate-may hold property and be a party to suits. Each school district formed and organized under any former law, or under the provisions of this act, is hereby declared to be a body corporate by the name and style of school district No., of the township of in the county of and state of Iowa, and in that name it may hold property and be a party to suits and contracts.

SEC. 33. Formation of new district, some qualified voter to be notified. Upon the formation of a new school district, the fund commissioner shall notify some qualified voter thereof, by written notice, describing the boundaries of the district, and also the time and place of the first meeting.

SEC. 34. Duty of such voter. Such qualified voter shall notify each elector in the district of the same, by personal service, as far as convenient, and shall post a notice at the place of meeting, and also in three other public places in the district, stating the boundaries of the district and the time and place of meeting, at least six days before the time of said meeting.

SEC. 35. The electors to organize and to appoint president and secretary. The qualified electors of the district, when assembled in accordance with the notice required in the foregoing section, shall organize by appointing a president and secretary who shall act as judges of the election, and the name of each elector shall be recorded by the secretary.

SEC. 36. To elect a president, secretary and treasurer by ballot. They shall then elect by ballot one president, one secretary and one treasurer, who to

gether shall constitute a board of directors for the district, and shall hold their offices until the next succeeding annual district election, and until their successors are elected and qualified.

SEC. 37. Directors to take oath-forfeiture. Said directors shall, within ten days after their election, appear before some justice of the peace and take an oath for the faithful performance of their duties; and in case they fail so to do, they shall each forfeit the sum of five dollars for the use of the district.

SEC. 38. Time of holding district meetings. The regular meetings of each school district shall be held on the first Monday in May and October of each year.

SEC. 39. Powers of electors. The qualified electors of the district, when assembled, shall have power,

[100] 1st. To appoint a chairman and secretary, in the absence of the regular officers.

2nd. To adjourn from time to time as occasion may require.

3rd. Determine the number of schools to be established. To determine the number of schools which shall be established in the district, and the length of time that each shall be taught.

4th. Fix site for school house. To fix the site for each school house, taking into consideration in doing so the wants and necessities of the people of each portion of the district.

5th. Lay tax, etc.-proviso. To lay such tax on the taxable property of the district as the meeting shall deem sufficient to purchase or lease a suitable site for a school house or school houses, and to build, rent, or purchase a school house or school houses, and to keep in repair and furnish the same with the necessary fuel and appendages, and for procuring libraries for the schools, books and stationery for the use of the board and the district meetings, and to defray all other contingent expenses of the district: provided, however, that said tax shall not exceed one and one-half per cent. on the taxable property aforesaid in any one year.

6th. Sell school house, etc. To direct the sale or other disposition to be made of any school house or the site thereof, and of such other property, real or personal, as may belong to the district, and to direct the manner in which the proceeds arising therefrom shall be applied.

7th. Determine what branches shall be taught. To determine what branches of learning shall be taught in the schools of their districts.

8th. To delegate any or all of the powers contained in the foregoing specifications to the district board.

9th. Fix compensation of officers. To fix the compensation of the secretary and treasurer of the district, and to transact generally such business as may tend to promote the cause of education in accordance with the provisions of this act.

SEC. 40. Objects for which tax is raised to be specified-secretary to assess and collect. In levying a tax the district meeting shall designate the respective objects for which the same is raised, and the amount to be raised for each object; and the aggregate amount shall be assessed and collected by the secretary as herein provided.

SEC. 41. To determine whether a school of higher grade-proviso-extra compensation to teachers of school of higher grade to be paid by private subscription. They may determine whether a school of a higher grade shall be established in the district, the number of teachers to be employed, and the course of instruction to be pursued therein; and may erect for the purpose one or more permanent school houses, and shall cause the district board to

make such classification of the pupils thereof as they may deem necessary: provided, that in selecting the site for such school house or school houses the permanent interest and future welfare of the people of the entire district shall be consulted: And provided further, that the extra compensation required for teacher's sala-[101]ries in such school or schools shall be paid by private subscription, in such proportionate parts as the board of directors may determine. SEC. 42. Adopt rules of order-proviso. They may adopt such rules of order, not incompatible with the provisions of this act and instructions of the superintendent of public instruction, for the government of district meetings, and may alter and change the same, from time to time, as occasion may require, and may prescribe the manner of taking the sense of the meeting upon any question: provided, that the last specification shall not apply to the election of officers.

Election, Powers, and Duties of District Officers.

SEC. 43. President, secretary and treasurer to be elected and constitute a board of directors. There shall be elected in each organized school district, at the regular district meeting, on the first Monday in May of each year, one president, one secretary, and one treasurer, of the district, who together shall constitute a board of directors for the district, and shall hold their offices for one year and until their successors are elected and qualified.

SEC. 44. Directors to qualify. Said directors shall qualify in the manner herein prescribed for directors elected upon the formation of a new school district, and in case they neglect or refuse so to do they shall be subject to the same penalty.

SEC. 44. Board may hold meetings. The board of directors may hold such regular, special, or adjourned meetings as they may from time to time deter- . mine.

SEC. 46. Duties of president. The president, when present, shall preside at all meetings of the board and of the district, sign all warrants for the collection of taxes, all orders on the treasurer for the payment of money, and shall draw all drafts upon the school fund commissioner for money apportioned to his district.

SEC. 47. Drafts and orders must specify the fund on which drawn. All drafts and orders drawn on the district treasurer, as required in the foregoing section, shall specify the fund on which they are drawn, and the use for which the money is designed.

SEC. 48. Board to employ and pay teachers-proviso. The district board shall employ all teachers necessary for the schools of the district, and pay them by draft on the treasurer: provided, they do not overdraw the amount due from the teacher's fund, and when there shall not be sufficient funds in the hands of the treasurer for the payment of such teachers, the balance shall be paid by the persons sending pupils, in such manner as may be agreed upon by the teachers and the district board.

SEC. 49. President appear in suits-proviso. The president shall appear in behalf of his district in all suits brought by or against the same: provided, that where he is individually a party this duty shall be performed by the secretary.

[102] SEC. 50. Duties of secretary. The secretary shall record all the proceedings of the board and of the district meeting, in separate books to be kept for that purpose, and shall preserve copies of all reports made to the school fund commissioner, and shall file all papers transmitted to him by other school officers pertaining to the business of the district, and shall countersign all drafts, warrants, and orders drawn by the president.