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whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be—that he believes the signature of such person subscribed thereto, to be genuine ; and that the deed is executed and acknowledged according to the laws of such State, territory or district.

Sec. 2. That this act take effect and be in force from and after the first day of April, one thousand eight hundred and sixty-one.

Approved March 6th, A. D. 1861.


An Act to Provide for a General System of Common

Schools, the Officers thereof and their Respective Poroers and Duties.

BBCTION 1. Each township a School District-each school district a body corporate.

2. Trustees to hold property for the district.
8. Titles to property adjusted.

Trustees can form sub-districts-mode of numbering sub-districts--descrip

tions and boundaries to be filed with town clerk-copies to be furnished to county auditor and district superintendent-each sub-district a body politic

and corporate. 8. Existing school districts constituted sub-districts. 6. Town supervisors to form sub-districts on the last Tuesday of March, 1861–

county commissioners, where there is no town organization, to form dis

tricts and appoint officers. 7 Seren freeholders can petition for the formation or alteration of sub-districts

--necessary steps for the formation or alteration of a sub-district, 8. Formations and alterations to be in writing-copies to be delivered to the

County Auditor and District Superintendent. 9. Town clerk, clerk of school district-Town treasurer, treasurer of school

10. Two of the Trustees & quorum.
11. Trustees to levy all taxes.
12. Regular meetings last Tuesday in March and October-special meetings when

thought desirable.
18. To call special meetings

to make tax list.
14. To settle with District treasurer-to prepare annual statement-to estimate

school expenses for the coming year. 13. Trustees employ teachers for the same length of time, and not less than three

months-- Trustees provide fuel. 16. Contracts with teachers, how made. 17. Mode of paying teachers. 18. No public money to be paid unlicensed teachers,Trustees cannot contract

for schools to extend more than four months beyond their term of office. 19. Trustees to appoint District Superintendent. 20. Superintendent to file acceptance with District clerk. 81. Duties of Superintendent.

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SECTION 22. Subjects on which teachers are to be examined.

28. Power to re-examine teachers.
24. Visitation of Schools.
25. Compensation of District Superintendent.
26. District Superintendent's book.
27. Annual meeting.
28. Special meeting.
29. Duties of Clerk.
80. Duties of Treasurer-to give bond.
81. Bond may be increased.
82. To collect taxes.
88. Mode of disbursement prescribed.
84. To keep a book and take receipts annual settlement
85. Treasurer's fees.
86. To deliver books, moneys, etc., to successor,
87. Mode of levying.
89. District treasurer to return delinquent list to county auditor,
39. Procedure with delinquent school tax list.
40. To receive reports of all school districts in the county-to transmit abstracts

before the first of December to State Superintendent-to distribute school

blanks and circulars--separate account with each district and sub-district.
41. Semi-annual apportionment of school money.
42. To pay moneys on order of auditor-District treasurer to give satisfaction

that his bond has been approved.
48. To procure a register from the District clerk-to return the same before be.

ing paid for services.
44. Time of annual meeting-first election last Saturday of April, 1861.
45. Calling of special sub-district meetings.
46. Notices of annual meetings.
47. Affidavit of posting of notices.
48. Qualifications of voters.
49. Powers of annual sub-district meeting.
50. Directors to furnish a record book-to post notices.
51. Care of school house--provide clerk with record book-draw orders on

treasurer of the District.
52. To visit the schools file oath of office.
53. Voters of sub-district to decide.
54. District superintendent to assign scholars in the schools
55. Scholars assigned have all privileges.
56. Scholars may be dismissed to other schools-grounds for expulsion.
57. Appeals must be in writing--decision final and conclusive.
58. Levied by county Commissioners-fines set apart.

School property exempt.
60. Present law prejudices no existing contract.
61. Selection by the State Normal Board-insertion in school registers.
62. To report to County Auditor-allowed to draw public money.
68. To report to the State Superintendent.
64. Elected in joint convention of Legislature--term of office-vacancy-how

65. Oath of office-annual report-visitation of judicial districts.
66. To prepare necessary forms-school registers.
67. Salary

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. That each and every township that now is, or may hereafter be organized in any county in this State, is hereby declared to be a school district, and as Each township

a such to be a body politic and corporate, by the name and school district style of

school district in the county of each school dis

and by such name may contract and trict a body cor. be contracted with, sue and be sued in any of the courts of this State having competent jurisdiction.

Sec. 2. Each and every such school district shall hold in the name of its trustees and their successors in office,

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To hold property the title of all lands and other property now held or for the district which may hereafter be acquired for school district pur

poses in any such town, excepting corporate cities and towns which are made bodies corporate by and under chartered privileges granted by any special act of the Legislature of this State, in which case the title of all such property shall be held in the corporate name of such town or city for the use of common schools therein.

Sec. 3. In all cases where the title to lands and other Titles to property adjusted

property held for school district purposes, is vested in
any other person or corporation than as provided in sec-
tion two of this Act, it shall be the duty of the trustees
of the district in which such property is situated, to pro-
cure the title to such lands or other property to be vested
as provided in section two of this Act.
SEC. 4. The several districts shall be sub-divided by

. Sub-districts how

the trustees into sub-districts, which shall be numbered formed

in a regular series, from number one upwards, and their descriptions and boundaries clearly given and well defined, a record of which, and of all alterations made therein from time to time, shall be made in the office of the clerk of the town, who shall deliver a copy thereof to the district superintendent, and another copy to the county auditor, and each sub-district shall be a body politic and corporate by the name of the number of said subdistrict, and by such name may contract and be contracted with, sue and be sued, in any of the courts of this State having competent jurisdiction.

SEO. 5. The several school districts heretofore organWhat to consti. tute sub-districts

ized in any county of this State, shall be the sub-districts of the several towns in which they are situated, and may be altered by the board of trustees as hereinafter provivided. Sub-districts constituted of parts of two or more districts, shall be sub-districts of the district in which the school house is situated, or in which the public school shall be taught, subject to alteration by the concurrent action of the trustees of the several districts interested, and shall be numbered, described and bounded, as provided in section four of this Act.

Sec. 6. The boards of supervisors of the several towns in this State, shall make the sub-division and affix the numbers as contemplated in section four of this Act, at their meeting on the last Tuesday of March, one thousand eight hundred and sixty-one, and shall embrace in the same all the territory in their several towns, adopting as far as practicable the bounds of the existing school Fermation of districts; Provided, however, That in any organized coun-sub-districtsty or counties not divided into towns, the county com- time when missioners shall have power to divide such county into school districts, and in such case the said commissioners shall appoint three qualified electors residing in such district to act as trustees of the same, and the said commissioners shall also appoint a clerk and treasurer for such district, and the said officers so appointed, shall forthwith proceed to perform the same duties, and they shall be subject to the same regulations and penalties, as is provided in this Act, for the supervisors, town clerks, and treasurer of towns, as ex-officio trustees, clerk and treasurer of school districts.

Sec. 7. When any seven or more resident freeholders interested in the formation or alteration of any sub-district, Formation or alshall in writing, petition the trustees of the district to be teration of subaffected thereby, to form or alter any sub-district within districts their jurisdiction, they shall consider such petition, and they shall appoint a time and place, when and where they will meet to make such formation or alteration, and at least ten days before such meeting, shall post notices thereof clearly setting forth the bounds of the sub-district to be formed, or alteratio to be made, in five of the most public places in each district interested, and deliver copy thereof to one of the directors of each sub-district interested, and all persons interested may appear and contest such formation or alteration. If a majority of the trustees from each of the districts interested, shall at such meeting think such formation or alteration should be made, they shall make it and not otherwise.

Sec. 8. Formations and alterations of sub-districts shall be made by an order in writing, clearly setting forth the bounds of the sub-district formed or alteration made thereby, shall be signed by the trustees and attested by in writing the clerk of the district or districts making the same, who shall attach to the same a copy of the notice of the meeting at which it was made, with the certificate of the district clerk who posted the notice, showing the time when and the place where such notice was posted, all which shall be filed and recorded in the offices of the several districts interested, and a certified copy of the order delivered by the clerk to the district superintendent and another to the county auditor.


Formations to be urer of district

Town Clerk clerk

SEC. 9. The supervisors of each and every town that of district—Town is now or may hereafter be organized in any county of Treasurer treas- this State, shall be ex-officio a board of trustees of the

school district; the clerk of the town shall be ex-officio clerk of the district, and the treasurer of the town shall be ex-officio treasurer of the district.

Sec. 10. The board of trustees, any two of whom

shall be a quorum, shall be the legal agents of the disTwo & quorum trict, and as such may, in behalf of the district, contract

and be contracted with in their name of office, as provided in this act, may sue and be sued, plead and be impleaded in any of the courts of this State having competent jurisdiction. They shall have and exercise the general care and supervision of the educational matters of their respective districts, and may receive any gift, grant, donation or devise made to them for the use and benefit of

any school or school district within their jurisdiction.

Seo. 11. The board of trustees shall levy all taxes Trustees to levy directed to be levied by the vote of the district or any taxes

sub-district, according to the provisions of this act, for the support of schools in such district, or for the purchase or lease of lands for a school house site, or for the construction or repairs of any school house, or for furnishing any library apparatus or furniture for the use of schools. They are invested in their corporate capacity with the title of all school houses, school house sites, school libraries, apparatus and other property which may be acquired by sub-school districts which may be organized or constituted within the limits of their jurisdiction, subject, however, to the provisions of this act; and all conveyances of such property shall be made to the trustees and their successors in office,, for the benefit of the sub-district in which such property is situated.

Sec. 12. It shall be the duty of the board of trustees in each school district to hold regular meetings at the of

fice of the town clerk on the last Tuesday in March and Regular meetings October of each year, for the transaction of any business -time when imposed upon them by the provisions of this act, with

powers to adjourn from time to time, and to hold special meetings at any other times or places within their proper district, as they may think desirable for the transaction of business as aforesaid ; at all such meetings the chairman of the board of supervisors shall be chairman of the board of trustees, and the town clerk shall act as their

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