the same is registered, and shall pay over to the party holding such warrant such sum when called for.

§ 4. This act shall take effect and be in force from and after its passage and approval.

Approved, January 27, 1887.

CHAPTER 46.

VOTE OF TWO MEMBERS OF TOWNSHIP SCHOOL BOARD NECESSARY TO LEVY TAX.

AN ACT To Amend Sections 46 and 66 of Chapter 44 of the General Laws of 1883. Education.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

§ 1. RATE OF TAX, ETC.] That section forty-six of chapter forty-four of the Session Laws of 1883 be and the same is hereby amended by striking out the word "ten" where it appears in said section and inserting in lieu thereof the word "two.'

§ 2. WHO TO BE VOTERS.] That section sixty-six of chapter forty-four of the Session Laws of 1883 be and the same is hereby amended by adding thereto immediately preceding the word "the" in the first line of said section the following words: "All resident taxpayers and."

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

Approved, February 15, 1887.

CHAPTER 47.

ESTABLISHING A GENERAL AND UNIFORM SYSTEM OF COMMON SCHOOLS.

AN ACT To Amend Chapter 44 of the Session Laws of 1883, Relating to Education.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

§ 1. That the said chapter forty-four, of the Session Laws of 1883, is hereby amended to read as follows:

§ 1. SUPERVISION AND CONTROL VESTED IN TERRITORIAL BOARD OF EDUCATION.] That the general supervision and control of public instruction in the Territory of Dakota shall be vested in a Territorial Board of Education, which board shall be composed of the Territorial Superintendent of Public Instruction, who shall be president thereof, and two persons of proper learning, ability and educational experience, appointed by the Governor, by and with the advice and consent of the Territorial Council. Each member of the Territorial Board of Education, except the Territorial Superintendent, shall hold his office for a term of four years, and until his successor is appointed and qualified; Provided, that the member first appointed under this act shall hold for a term of two years and until his successor is appointed and qualified; and the Governor shall designate when sending the names of members to the Council, whether they are for the long or short term. Should a vacancy occur while the Legislature is not in session the Governor shall have power to fill such vacancy by appointment, which appointment shall be valid until filled by the Governor and Council as above provided; and all appointments shall be made so that one of the two members above named shall retire on March 30th, immediately following each session of the Legislative Assembly. A quorum of the Territorial Board of Education shall consist of three members, but no business shall be transacted by said board except in regular or special session; and in case of a special session, after due notice in writing of at least ten days, has been served upon each member of the board, by order of the president.

§ 2. POWERS AND DUTIES OF BOARD.] The Territorial Board of Education shall have power and it shall be their duty: 1. To select a vice president and a secretary.

2. To frame and modify at pleasure such by-laws as may be deemed expedient for their own government, not inconsistent with the provisions of this act, and to prescribe and cause to be en

forced all rules and regulations necessary for carrying into effect the school laws of this Territory.

3. To consider the necessities of the public schools and recommend to the Legislature, from time to time, such additions and amendments to the laws as are deemed necessary for perfecting the school system of the Territory.

4.

To prescribe all rules and regulations for holding teachers' institutes.

5. To prescribe a course of study for the public schools of the Territory, including the high schools, and for all Territorial normal schools, whether established by the Territory or designated as such under the provisions of this act.

6. To authorize the payment by the Territorial Treasurer, upon the warrant of the Territorial Auditor, of all necessary incidental expenses, not to exceed three thousand dollars per annum, incurred by the Territorial Superintendent and the Board of Education in the performance of their official duties.

7. To decide all appeals from the Territorial Superintendent of Public Instruction, and prescribe the rules of practice before the educational department.

8. To prepare, or cause to be prepared, all questions for the examination of applicants for teacher's certificates, both county and Territorial, and to prescribe rules for the conduct of all examinacions.

9. To issue a Territorial certificate, to be valid for the term of ten years, unless sooner revoked, to be known as the professional certificate. Such certificate shall be issued only to those persons of good moral character who pass a thorough and satisfactory examination in all the branches included in the courses of study prescribed for the common and high schools of the Territory, including methods of teaching, and such other branches as the board may direct. Such certificate shall be valid throughout the Territory, and the holder shall be authorized to teach in any of the common or high schools of the Territory without further examination, except that in cities of more than 4,000 inhabitants the school board may, at their discretion, re-examine an applicant bearing such certificate.

10. To issue a Territorial certificate to be valid for a term of five years unless sooner revoked, which shall authorize the holder to teach in any of the common schools of the Territory, and which shall be known as the normal certificate. Such certificate shall be issued only to those persons of good moral character who have completed the prescribed course of study in one of the normal schools of the Territory, or in a normal school elsewhere having an established reputation for thoroughness; but the board may examine any such applicants at their discretion. The board shall require a fee of not more than $5 for each professional or normal certificate issued, which fee shall be used by the board to aid in the establishment and maintenance of teachers' reading circles in

the Territory; Provided, That no Territorial certificate shall hereafter be issued by any normal school in the Territory.

11. To revoke at any time any certificate issued in the Territory, 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.

12. To procure and adopt the best plans and specifications for the construction of school houses, and to furnish the same to the various school boards of the Territory, when needed, free of charge. In the construction of the plans, due attention shall be given to lighting, heating and ventilation, and the easy maintenance of the proper sanitary conditions of the buildings.

13. To publish not oftener than once in two years, the school laws in force, with such forms, regulations, instructions and decisions as they may judge expedient thereto annexed, and cause the same to be forwarded to the persons entitled to receive them. They shall prescribe and cause to be prepared all forms and blanks necessary in the details of the common school system, so as to secure its uniform operation throughout the Territory, and shall cause the same to be forwarded to the several county superintendents, to be by them distributed to the several persons or officers entitled to receive the same.

14. To make out and deliver to the Governor, on or before the fifteenth day of December preceding each regular session of the Legislature, a report containing: First-A statement of the number of common schools of the Territory, the number of pupils attending the same, their sex and the branches taught; a statement of the private or select schools of the Territory, as far as the same can be ascertained, and the number of pupils attending the same, their sex and the branches taught; a statement of the number of normal schools in the Territory, and the number of students attending them; the number of academies and colleges in the Territory and the number of students attending them, and their sex, and such other matters of interest as the board may deem expedient, drawn from the reports of the county superintendents of the several counties in the Territory, and from other reports received on the subject of education from trustees or other school boards within the Territory. Second-A statement of the financial condition of the school system of the territory, including all receipts and expenditures. Third-A statement of such general matters and such other information relating to the educational interests of the Territory as they may deem important.

15. To provide and keep a seal which shall be the official seal of the board, and by which all official acts of the board may be authenticated.

16. To meet at the office of the Superintendent of Public Instruction each month during the year; and they shall have power to adjourn from time to time, whenever the president deems an adjournment necessary. And the president shall have power to

call a special meeting of the board whenever the interests of the school work of the Territory demand it. The other two members of the board shall be assistants to the Superintendent and shall receive a salary of fifteen hundred dollars per annum each.

§ 3. TERRITORIAL SUPERINTENDENT HOW APPOINTED -SALARY.] At each biennial session of the Legislative Assembly the Governor shall, by and with the advice of the Territorial Council, appoint the Territorial Superintendent of Public Instruction, who shall hold his office two years from the 30th day of March following his appointment. He shall have eminent educational and business qualifications.

§ 4 The Territorial Superintendent shall have full management and supervision of the public schools of the Territory, subject to such limitations as are or may be prescribed by law. He shall prescribe the duties of the assistant superintendents, and they shall perform any duties so prescribed. The Governor is authorized to remove from office any superintendent or assistant superintendent who violates or fails to faithfully discharge the duties of his office; and he is authorized to appoint a successor or successors, who shall hold their office until the end of the next session of the Legislative Council. The Superintendent shall receive a salary of two thousand five hundred (2,500) dollars per

annum.

§ 5. DUTIES OF SUPERINTENDENT.] The Territorial Superintendent may decide all controversies or disputes that may come under the school laws of the Territory, or under the rules and regulations prescribed by the Territorial Board of Education. The facts of which controversies or disputes shall be made known to him by written statements of the parties thereto, verified by oath or affirmation, if required, and accompanied by certified copies of all documents necessary to a full understanding of the question in dispute.

§ 6. TO PRESERVE MISCELLANEOUS DOCUMENTS.] He shall preserve in his office such books, apparatus, maps, charts, works on education, plans for school buildings and other articles of interest to school officers or teachers, as may be secured without expense to the Territory.

§ 7. SHALL KEEP RECORD.] He shall file all school reports of the Territory and of the states and other territories which may be sent to his office or to the board of education, and shall keep a record of all the acts connected with his official duties and preserve all decisions given by him.

§ 8. SHALL DELIVER TO SUCCESSOR.] He shall, at the expiration of his term of office, deliver to his successor all property, books and documents, maps, records, reports and other papers belonging to his office, or which may have been received by him for the use of his office.

§ 9. OATH OF OFFICE.] Each member of the Board of Education and the Territorial Superintendent shall, before entering upon