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not exceeding twenty dollars in any one year for the purchase or increase of a sub-district library, globes, maps, or apparatus as the interest and well being of the school may require. The selection of the books for the school library shall be directed by the voters of the sub-district. Eighth. To appoint a librarian who shall have the care and custody of the library under such regulations as the voters may adopt.

SEC. 50. It shall be the duty of the clerk of each sub- To furnish record district to record in a book to be provided by the direct-book-post noors, all the proceedings of the sub-district at annual and tices special meetings, and business transacted by the directors. To post notices of all annual meetings and special meetings on request of the directors or any five freeholders of the sub-district.

ders on treasurer

SEC. 51. The board of directors, two of whom shall be a quorum, shall have the local care and custody of the Care of school school house, furniture, apparatus, and other property of house-draw orthe sub-district, and shall contract for and superintend the erection, alteration or repairs of school houses and other structures for the use of the sub-district, and shall purchase or lease any school house site or other property for the use of schools in the sub-district in pursuance of the vote of any legal meeting of such sub-district. They shall provide for the clerk a suitable book in which they shall cause to be kept an accurate account of all their doings, and of all contracts and moneys belonging to the sub-district paid thereon or otherwise expended by them, and for the payment of all moneys directed to be paid by them they shall draw their order upon the treasurer of the district, which being countersigned by the chairman of the trustees and attested by the clerk of the district, shall be paid by the treasurer out of any moneys in his hands belonging to such sub-district.

To visit schools

SEC. 52. It shall be the duty of the officers of the subdistricts to visit the schools from time to time and report file oath of office to the trustees or superintendent any matter in relation thereto which they may think advisable or necessary for the benefit of the same.

They shall each file in the office of the clerk of the district within six days after their election an oath that they will faithfully discharge the duties of their office according to the best of their ability, a refusal to do which shall be deemed a refusal to serve.

Voters to decide

ars in schools

SEC. 53. The legal voters of any sub-district may by resolution of two-thirds of the number present at any annual or special meeting, decide that a school may be taught only in the summer term or only in the winter term, and when any sub-district shall have so decided, the clerk of such sub-district shall within ten days file in the office of the district clerk a copy of such resolution and another in the office of the district superintendent.

SEC. 54. The district superintendent shall within ten To assign schol- days after filing such resolution assign the scholars of such sub-district for school attendance and tuition during the term so vacated to other sub-districts in the district as he may think best calculated to accommodate the attendance upon schools and the classification of scholars, and may by concurrence of the superintendent of an adjoining district assign scholars to attendance at schools in such adjoining district, and he shall deliver a statement thereof to the clerk of each sub-district interested, showing lists of the scholars assigned to each sub-district and the term during which they are so assigned.

Privileges of scholars

to other schools

-grounds for expulsion

SEC. 55. The scholars so assigned shall be entitled to and enjoy during the term of assignment, the same rights and privileges of school as resident scholars, and in all cases of such attendance by assignment or otherwise shall be subject to the same rules and regulations.

SEC. 56. Any person or persons aggrieved by the attendance of any scholar or scholars at the school in the May be dismissed sub-district may complain to the district superintendent who shall make inquiry and consider the complaint, and shall direct the attendance of such scholars at the same or some other common school in the district as he may think best calculated to promote the welfare of schools and the several parties interested; Provided, however, That the superintendent may on such application or otherwise, expel from the school during the current term any scholar for gross immorality, profanity, infectious disease or habitual uncleanness.

Appeals-decision final

SEC. 57. Any person feeling aggrieved by the action of any district or sub-district meeting or of the trustees in altering or forming, or refusing to alter or form any sub-district or concerning any other matters, or any act or determination or neglect of any district superintendent may appeal in writing to the State Superintendent who is hereby authorized and required to examine and

decide the same and such decision shall be final and conclusive; Provided, however, That the decision appealed from shall be operative until the State superintendent shall reverse the same.

apart

SEC. 58. For the purpose of maintaining common schools, it shall be the duty of the commissioners of each county to levy an annual tax of one-fourth of one per cent. on the amount of the assessments made by the as- Levy of tax-by sessors for the same year, and to include the same in whom-fines set their warrant to the county treasurer, and the county treasurer shall proceed to collect the said tax in the same manner the county tax is collected, and the said moneys so collected shall be retained by the county treasurer, for the support of common schools in the county, to be apportioned as provided in this Act. As a further provis ion for the support of such schools, there shall be set apart by the county treasurer of each county the proceeds of all fines for the breach of any penal laws of this State not otherwise appropriated by law.

SEC. 59. All lands and other property now held or which may be acquired by school districts or sub-districts for common school purposes shall be exempt from all What exempt taxes and assessments of every name and nature while held according to the provisions of this Act for such purposes.

SEC. 60. Nothing in this Act changing the title, con

dition or relation of existing school districts or school Prejudicial to no district property, shall be construed to affect or preju- existing contract dice any right of such district to enforce by law against the proper parties thereto any contract, obligation or right now existing or which may exist at the time this act shall take effect, nor to affect or prejudice any right of any party who may hold any contract, obligation or right or lien upon any such district or the property thereof.

books—by whom

SEC. 61. The State Normal Board of Instruction is hereby directed to select and prepare a list of spellers, readers, grammars, geographies, arithmetics, histories, and other books, to be used in the common schools of Selection of this State, limiting the number of text books in each of made said branches. Such selection shall be made at their next meeting and inserted by the State Superintendent in the blank school registers provided for by this Act, and shall be authoritative and binding upon said board, superintendents and teachers for the period of five years.

Beport to Audi

lie money

SEC. 62. Each of the incorporated towns and cities tor-to draw pub- in this State, having by their several charters a common school system not incompatible with this Act, which shall by some proper officer in behalf of their several cities and towns, make to the auditor of the proper county, the report of enumeration and other matter by this Act made necessary to be reported, and shall have had within the past year at least three months schools by licensed teachers in the several sub-divisions of such cities and towns, shall be deemed to have complied with the requirements of this Act, and shall be entitled to their apportionment of public moneys to be reported and drawn substantially as provided in this Act.

Superintendent

SEC. 63. That incorporated boards of Education, of towns and cities, and the trustees of all incorporated Report to State academies, colleges and other literary institutions, shall, on or before the first day of December, annually, report to the Superintendent of Public Instruction, the name of each trustee, treasurer, and other officer and student, with a statement, its indebtedness, and such other information as may tend to exhibit its condition and operations.

term of officevacancy-how

filled

SEC. 64. The Legislature of the State of Minnesota, How elected in joint convention of the Senate and House of Representatives, shall at some time during the present session, and every two years thereafter, elect a State Superintendent of Public Instruction, whose term of office shall commence on the first day of March next succeeding his election, and continue two years, and until his successor is elected and qualified. Provided, That the term of office of the person elected at the present session shall commence on the fifteenth day of March, A. D. one thousand eight hundred and sixty-one, and expire on the first day of March, A. D. one thousand eight hundred and sixty-three. And in case a vacancy shall ever happen in the office of State Superintendent of Public Instruction, by death, resignation or otherwise, the Governor shall fill the same, by appointment, for the unexpired

annual report

term.

SEC. 65. The Superintendent of Public Instruction shall file in the office of the Secretary of State, his oath Oath of office that he will support the Constitution of the United States and of the State of Minnesota, and discharge the duties of his office faithfully and to the best of his ability, and it shall be his duty to submit each year to the legislature, a report containing,

First-An abstract of all the common school reports received by him from the several towns, and showing the number of organized sub-school districts in the State, the number of schools taught, the enumeration of persons reported in the State between the ages of five and twenty-one years, and the number taught in the district schools.

Second-A statement of the condition of common schools, and other institutions of learning in the State. Third-The amount of school moneys expended during the year, also the amount of other moneys expended for the support of common schools.

Fourth All matters relating to his office--the common schools of the State and the school fund-that he may deem expedient to communicate.

Fifth-It shall be the duty of the State Superintendent to spend annually, on an average, at least six days in each judicial district of the State, superintending and encouraging teachers' institutes, counselling teachers and other school officers, visting schools, and delivering lectures on topics calculated to subserve the interests of popular education.

Prepare forms

SEC. 66. It shall be the duty of the State Superintendent to prepare for the use of school officers and teachers, suitable forms for making reports, and conducting all necessary proceedings, and to distribute the same among school registers the school officers of the State, and he is authorized to procure from the State Printer, proper school registers and forms at an expense not greater than at present allowed for other printing of the State, and on the presentation of proper vouchers, the auditor shall issue warrants for the amount contracted to be paid for such printing.

SEC. 67. The State Superintendent shall be allowed as compensation for his services a salary of one thousand dollars per annum, and a contingent fund of three hun-Salary dred dollars per annum, said salary to begin to run from the first of January, one thousand eight hundred and sixty-one.

SEC. 68. All acts and parts of acts, relating to common schools, and the Superintendent of Public Instruction, and all acts inconsistent with the provisions of this Act, are hereby repealed.

SEC. 69. This Act shall take effect immediately.
Approved March 7th, A. D. 1861.

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