their duties, take and subscribe an oath or affirmation to support the constitution of the United States and the organic act organizing the Territory of Dakota, and to faithfully discharge the duties of his office.

§ 10. ANNUAL ELECTION.] The annual school election shall be held on the third Tuesday of June in each year, beginning with the year 1887, and a polling place is hereby established in each sub-district of each township, the director of the sub-district to be the judge of election, and a clerk of the election shall be elected by the voters present at the opening of the polls. If the director should not be present a judge of election shall be chosen by the voters present.

§ 11. ELECTION OF DIRECTOR-DUTIES OF.] At the annual school election the qualified voters of each sub-district shall elect one director, who shall preside at all sub-district meetings, and who shall be a member of the township school board, except where a sub-district includes, or is composed of, an incorporated city, town or village; and in such cases such sub-district shall elect in the same manner as many directors as it has departments regularly employing separate teachers, and the said directors shall be members of the township board, and constitute the board of education of such sub-district, which board shall have the same power as the directors of other sub-districts. The director acting under the advice of the patrons of the sub-district shall have power, and it shall be his duty, to make any necessary repairs to the school house, outbuildings or grounds; purchase all supplies for the school room; to select the teachers for the schools of the sub-districts, and to perform such other duties as are prescribed by law and by the rules and regulations of the school board of the township, consistent with the law; Provided, That the township school board shall prescribe rules and regulations governing the expenditure of money for the purpose aforesaid; and the township board may select a teacher for any subdistrict when the director and patrons of the sub-district neglect to make a selection.

It

§ 12. BOUNDARIES OF SUB-DIVISIONS HOW DETERMINED.] shall be the duty of each of the present township school boards to meet on the last Tuesday in May, 1887, and temporarily fix the boundaries of each sub-district in the townships and to make out and post a description of each subdistrict upon the door of the school house therein. In no case shall the township board number less than three members, and where there is but one school in a township, one member shall be elected therefrom and two at large. Where there are two schools each shall elect a director, and one shall be elected at large. The school board elected shall, at their first meeting, or as soon thereafter as practicable, define the permanent boundaries of the sub-district.

§ 13. QUORUM.] A majority of the board shall constitute a quorum for the transaction of business, and the agreement of a

majority of the board shall be necessary to bind the township in any contract. Should the full board be composed of an even number of members, and should they be evenly divided upon any question, the question shall be considered lost.

§ 14. TOWNSHIP TREASURER, HOW ELECTED.] At the same time at which the director is elected, and upon the same ballot, the qualified voters of the township shall elect one township treasurer who shall hold his office for a term of one year. He shall take a similar oath of office to the one required of the director, and shall enter into an undertaking in favor of the school township to be approved by the board, and in a sum to be fixed by the board, but not less than double the sum, as near as can be ascertained, to come into his hands during the year, to faithfully discharge his duties as treasurer, and to render a true account of all funds and property of every kind that shall come into his hands, and pay and deliver the same according to law. The treasurer shall not be a member of the township school board. The judge and clerk of election shall, immediately after the canvass of the votes for director, send a certified copy of the vote cast for said officer to the township clerk, and the clerk shall certify the result to the county clerk without delay.

§ 15. TOWNSHIP SCHOOL BOARD TO ELECT CLERK DUTIES OF.] The directors elected in the various subdistricts shall constitute the township school board, and they shall meet on the second Tuesday in July, and after each has qualified according to law, organize the school board by electing a chairman from their number, who shall preside at all their meetings when present, and who shall sign all orders and contracts on behalf of the board, which shall be attested by the clerk. The board shall elect a clerk, not a member of the board, whose duty it shall be to act as clerk of the school board and to perform all duties required of him by law and by the school board consistent with the law. He shall before entering upon his duties take an oath to faithfully and impartially perform all his duties as such clerk, and to account for and turn over to his successor all accounts, books and other property of the township coming into his hands, as such clerk.

§ 16. FEES.] The township school board shall pay the clerk and treasurer each a reasonable compensation for his services, which compensation shall be fixed at their first meeting, and shall not be less than fifteen nor more than twenty-five dollars per an

num.

§ 17. WHAT CONSTITUTES A MISDEMEANOR.] Any school treasurer who fails to account according to law for all the funds and property coming into his hands, or any school officer who misappropriates any school money or property in a manner not amounting to embezzlement, shall be deemed guilty of a misdemeanor. § 18. MISAPPROPRIATION OF KEVENUES.] It shall be the duty of any school officer of the Territory, whenever he learns of any misappropriation or unlawful detention, embezzlement or other

criminal misuse of public school revenues or funds by any officer or person, to immediately lay the matter before the district attorney of the proper county, and it shall be the duty of such district attorney to promptly prosecute the parties charged and bring the action in the name of the school corporation for the recovery of such funds or revenues. Should the district attorney, after receiving the information from such officer, neglect to prosecute any such offender for a period of two months, or should he refuse to prosecute, the Attorney General of the Territory shall have power, upon being notified of such neglect or refusal to prosecute, or to direct prosecution in any such action.

§ 19. BIBLE MAY BE READ IN SCHOOL WITHOUT SECTARIAN COMMENT. No sectarian doctrine shall be taught in any public school; but the bible may be read in school not to exceed ten minutes daily, without sectarian comment: and no pupil shall be required to read it contrary to the wishes of his parent or guardian, or other person having him in charge.

$ 20. COUNTY SUPERINTENDENT.] The qualified voters of the several sub-districts in each organized county of the Territory shall, at the annual school election in June, in each even numbered year, beginning with the year 1888, and at the same time and in the same manner that the directors are chosen, as provided in sections twelve and thirteen of this act, elect one county superintendent of public schools, either male or female, whose term of office shall be two years, beginning with the first day of October, following the election.

$ 21. MANNER OF CONDUCTING ANNUAL ELECTIONS.] At the annual school election provided for in section twelve of this act the polls shall be opened at 2 o'clock in the afternoon and continue open until 5 o'clock of the same day. The judge of election, with the aid of the clerk, shall count the votes cast for director, and the persons receiving the highest number of votes cast shall be declared elected. If the election result in a tie, the clerk of election shall immediately notify in writing the parties having received such tie vote, and a time shall be agreed upon by the parties, within three days after the election, at which the election shall be decided by lot in the presence of the judge and clerk, and a record of the proceedings shall be made in the records of the sub-districts. The judge and clerk of election shall also count the votes cast for treasurer and place the result in a sealed envelope, and deliver the same to the township clerk in person, within three days after the election. Should an election be held for county superintendent of public instruction, the result of such vote shall be placed in a sealed envelope and delivered to the township clerk in person, within three days after the election.

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§ 22. TOWNSHIP CLERKS TO ISSUE CERTIFICATES OF ELECTION.] Upon receiving the returns from the various sub-districts of the votes cast for treasurer, the township clerk shall without delay open

them, and after counting the votes, he shall issue a certificate of election to the person receiving the highest number of votes according to the face of the returns. If there be a tie the township clerk shall notify the parties to appear before him at a time specified, and within three days, and the election shall be decided by lot.

§ 23. TOWNSHIP CLERK TO MAKE ABSTRACT OF VOTES.] Upon receiving the returns from the various sub-districts of the votes cast for county superintendent, the township clerk shall immediately make an abstract of the votes as they appear upon the returns, and deliver the same in person, without delay, to the county clerk, who shall immediately issue a certificate of election to the person having the highest number of votes in the county, according to the face of the returns made to him.

§ 24. WHEN COUNTY SUPERINTENDENT SHALL QUALIFY.] The county superintendent shall qualify on or before the first day of October of the year in which he is elected, by taking the proper oath of office and entering into an undertaking in the sum of $500 with one or more sureties, to be approved by the board of county commissioners. The oath shall be subscribed to upon the back of the undertaking, which shall be filed with the county clerk.

§ 25. REMOVAL FROM OFFICE.] The county superintendent may be removed from office as provided by law.

26. PENALTY FOR VIOLATION OF THIS ACT.] Any judge or clerk of election, township clerk or county clerk who wilfully violates the provisions of this act in relation to elections, or who wilfully makes a false return, shall upon conviction be punished by imprisonment in the Territorial prison for a term of not less than one year nor more than three years.

§ 27. QUALIFICATION OF VOTERS.] In all elections held under the provisions of this act, all persons who are qualified electors under the general laws of our Territory, and all women of twentyone years of age, and over, having the necessary qualifications as to citizenship and residence required by the general laws, and who have children of school age under their care or control, shall be qualified voters.

§ 28. WHO ELIGIBLE TO OFFICE.] All persons, either male or female, being twenty-one years of age and over, having the necessary qualifications under the general laws as to citizenship and residence, shall be eligible to the office of school director, judge or clerk of election, township clerk or county superintendent of public schools.

Be

$ 29. POWERS OF VOTERS AT SPECIAL SCHOOL MEETING.] sides the annual election, a special school meeting may be held at any time in any sub-district under call of the director or of five qualified voters, ten days' notice of such meeting and its purpose. being given by posting in three public places in the sub-district, one of which notices to be placed upon the door of the school. house, said meeting to be presided over by the director, if he be

present, or if he be absent, the qualified voters present may chose a temporary chairman, at which meeting the voters shall have

power:

1. To determine what, if any, branches in addition to those required by law for common schools, shall be taught in such school, and the time at which such school shall begin and be taught; Provided, That all the tuition fund apportioned to the sub-district shall be expended within the school year for which it is apportioned.

2. To direct such repairs as they may deem necessary in their school house and in its furniture and other belongings, subject to any general rules made by the township board governing such expenditures.

3. Upon a vote of a majority of the electors of any sub-district, to direct the removal of their school house to a more convenient location at the expense of the sub-district, or at their expense to direct the sale of the school house and lands therewith belonging, and erect a new house, and to advise any other subject connected therewith.

4. To advise the director as to their choice of teacher, which advice shall be regarded by the director and township board, but they shall not have power to select a teacher who is not qualified under the law, nor to reduce the wages of a teacher below the proper grade.

$30. CORPORATE NAME.] Every organized school township is hereby declared a distinct municipal corporation for school purposes, to be known by the proper corporate name of the school township, and by such name shall be capable and have power to contract and be contracted with, to sue and be sued in any court having competent jurisdiction, to take by grant, gift, bequest or devise, and hold and dispose of and convey any real or personal property or estate; and all such property shall be vested in said corporations respectively. This section and the powers in this act granted to such corporations and the school boards thereof shall not be construed to prevent the alteration of the boundaries of any such corporation, for the good of schools or for necessary civil purposes.

§ 31. FEES OF COUNTY SUPERINTENDENT.] The county superintendent shall receive three dollars for each day actually employed in the discharge of the duties of his office and the sum of ten cents a mile for each mile actually traveled by him in the necessary discharge of his duties. In addition thereto, every county superintendent, in counties of 2,000 population or less, shall receive not less than $100 per annum as salary. In counties having over 2,000 and under 4,000 population, he shall receive not less than $200 salary. In counties having over 4,000 and under 10,000 population, he shall receive not less than $250 salary. In counties having over 10,000 population, they shall receive not less than $300 salary, which shall be paid to them quarterly, as the