by

SEC. 22. It shall be the duty of said Treasurer to keep a regular account of all moneys by him received and paid out, in a book to be provided for that purpose, for which services he may retain one per cent. on all payments he may make; and his books and accounts shall be open to the inspection of the County Commissioners, or any one of them, at all times, that they or either of them may require.

TRUSTEES OF COMMON SCHOOLS.

SEC. 23. It shall be the duty of all the qualified voters in each school district, (widows having children of the proper age included,) or such number as may attend, on the first Saturday in April, in each year, to meet at their school house, or at some other place, to be designated by any one of the School Commissioners, (where there is no school house,) and to elect three Trustees to superinted the district for one year, and until others are duly qualified; and in such counties as may not have been districted, shall and may proceed to elect Trustees. at any time thereafter, ten days' previous notice being given by any one of the School Commissioners, at three different public places in the district; and in all cases of neglect or failure to elect Trustees on the first Saturday in April, said election may be held at any other time, notice being given by any one of the old Trustees, or their Clerk, as above provided.

1845

Further duties of Treasurer.

Election of

Trustees, how and when held

Trustees to

SEC. 24. The Trustees of each and every school (district)
shall appoint a Clerk, who shall keep a record of all their appoint a Cl'k.
elections and other proceedings, and may also appoint a Col-
lector, whose duty shall be to collect all sums due to the Trus-
tees or Teacher, by subscription, or otherwise.

SEC. 25. The Trustees of each school district shall have
power to select a Teacher or Teachers, for the district of
which they are Trustees; to purchase or receive donations of
land, not exceeding two acres, and provide for the erection of
a school house; to superintend and take care of the same, and
the lot of ground on which it stands, and its enclosures; to
provide the necessary furniture and fuel, and make repairs to
the same when required; also to sue for and recover any dam-
ages which may be done to the premises; and no person shall
occupy or use any school house, without the consent of the
Ti
Trustees, or a majority of them; and for which purpose, and
all others connected with their duties in relation to Common
Schools, the said Trustees, and their successors, are hereby
created a body politic and corporate, with all the privileges
and rights of suing and being sued, for all moneys due them
for injuries done or committed by or to them in their corpo-
rate capacity.

SEC. 26. It shall be the duty of said Trustees, by them-
selves or their Clerk, on or before the 10th day of November,
in each year, to make out and deliver to the County Commis-
sioners, or their Clerk, a report, containing the following par-
ticulars, viz: 1st. The whole time any school has been kept in

Trustees of

each district created a body duties.

politic & their

Trustees to

make out and deliver to Cty a report, and when.

Commission'rs

1845

(their district, during the year, by a qualified Teacher. 2d,
The amount of money received by the district, the year pre-
ceding, and how disposed of. 3d, The, number of children ...
taught at school, during the year. Ath, The whole number of
'children residing in the district between the ages of five and
sixteen.

SEC. 27. No person shall be deemed a qualified Teacher, Teachers within the meaning of this act, who shall not have received a must have a certificate of qualification from some one of the persons aucertificate of thorized by this act to give it.

qualification.

successors

SEC. 28. That all property which may be vested in the Trustees of any school/district, for the use of the school/in the district, shall be held by them as a corporation.

SEC. 29. That the Trustees of each school district shall, at Trustees to the expiration of their offices, (unless re-elected,) render to render to their their successors in office, a just and true account, in writing, an of all moneys received by them for the use of the district, and ting of all moof the manner in which the same has been expended; and neys received any balance of such moneys, which shall appear, from such and expended. account, to be in the hards of the Trustees, or any of them,

account in wri

shall immediately be paid over to some one or more of their successors in office; and every Trustee who shall refuse or neglect to pay over any money in his or their hands, due to so the district, shall be subject to a recovery of the same, with interest, from the time of refusal or failure to pay it, on motion before any Justice of the Peace for the county, ten days' previous notice being given of the same, and in like manner his or their representatives, in case of death.

Duties of Collector.

SEC. 30. That all moneys received by the Trustees, which may not be expended in any one year, shall go into the account of the succeeding year; and it shall be the duty of the Collector, to place in the hands of the proper officers, all subscriptions or accounts due to the Trustees or Teachers of Common Schools, and see that the same is collected and paid over according to law; for which services they shall be entitled to six per cent. on the amount collected, where it is not collected by an officer.

SEC. 31. The Trustees shall have the power to appoint a Trustees to Clerk and Collector, at any time, and remove either at pleasappoint Clerk and Collector, ure, and appoint others in their places; and it shall be the duand their duty of their Clerk to procure and record the boundaries of

ties.

their several districts, and the proceedings of the Trustees, in a book to be provided for that purpose: to enter therein true copies of all reports made by the Trustees of his district) to the Commissioners of Common Schools: he shall also give notice of all general and special elections, and district meetings, when the same shall be called by the Trustees, according to the provisions of this act, and keep and preserve all books and papers which may be committed to his hands, and faithfully deliver over the same to his successor in office, on demand, or be liable to the same penalties provided by law in relation to the Clerks of County Courts.

1845

SEC. 32. The Trustees of any school district shall have the power to purchase, or procure by subscription or otherwise, a Common School Library, which shall be placed in their Trustees to have power to school house, or in some secure private residence convenient purchase a Lithereto, whenever they may have any surplus funds on hand, brary. and to make all and every necessary regulation concerning the use of the same, not inconsistent with the laws and constitution of this State.

SEC. 33. In case of the death, removal, or refusal to act, of any Trustee of a school district, his place shall be supplied by the remaining Trustees, to continue in office until the next general election; and any Trustee in office, failing or refusing to perform his duty, shall be subject to a fine of five dollars, to be recovered, by motion, by any one of the School Commissioners, before a Justice of the Peace, as above provided for. SEC. 34. That in all cases where reports shall be made by the Trustees or School Commissioners to the Superintendent, and the same shall have miscarried, or has not been received, the same may be received at any time before the first of February of the year succeeding the time any district) school

Trustees to

fill vacancies, and fine for failing to perform duty.

School money

when forfeited

may have been kept; and all districts/ which shall not have Shoot

reported previous to said day, shall be considered as having forfeited their school money for that year, and the same shall not be paid.

SEC. 35. That it shall be the duty of the Clerk of the Board of Trustees of each school district, to ascertain the number of Clerk. children within the district, between the ages of five and sixteen years, and report the same in the annual report to the School Commissioners of his county, having first taken an oath, before some Justice of the Peace, that the same is correct according to the best information he can obtain; and for that purpose he may administer an oath to the parents of any child, or either of them, or the above duty may be performed by any one of the Trustees, in case of the absence or neglect of the Clerk to perform it.

SEC. 36. That the Trustees of the several school districts, may admit as scholars, any persons over sixteen and under twenty, or children from an adjoining district; but said persons shall not be included in the enumeration of children within the district. She

ORGANIZATION OF COMMON SCHOOLS.

Duties of

Who may be admitted

scholars.

as

District

maintaining a

school three months, enti

SEC. 37. It is hereby declared that the true intent and meaning of this act, is to encourage and aid the citizens in each school district, which now is, or may hereafter be, laid off by the County Commissioners, to organize and maintain tled to their Common Schools; that so soon as the citizens of any school proportion of district shall raise, by voluntary subscription or otherwise, the school momoney or property sufficient to maintain a school, and have for the same taught for the term of three months, by a compe- Schools. tent Teacher, in any one year, having also elected their Trus

ney provided Common

1845

Parents and guardians to

select school books.

Interest on the School F'd not required,

to be reserved

in the general

fund.

tees and made their report to the School Commissioners of their county, according to the provisions of this act, such district shall be entitled to their just proportion of the money provided for the support of Common Schools: Provided, also, That all the children in the district, of the proper age, shall be privileged to attend said school, and no district tax shall be required.

SEC. 38. That parents or guardians of all children sent to the Common Schools, shall have the right to select, furnish and direct what school books shall be used by their own children and wards, provided the same are not immoral.

SEC. 39. That each school district shall be entitled to the amount due them, as they may severally be organized, and maintain a school, and report the same according to the provisions of this act; and that equal justice may be done to all the citizens of this Commonwealth, it is hereby declared, that the interest due from the School Fund not required, shall be reserved in the General Fund: Provided, That nothing contained in this act, shall be construed to authorize the issue on any more State bonds.

SEC. 40. That it shall be the duty of the Trustees of the Duties of several Common Schools in this State, to visit the same in Trustees. turn, at least once each week, to advise with the Teacher as to the best mode of conducting the same, and to see that each scholar has the necessary books and paper, tables, &c., and a black board or slate; and also to hear and settle all complaints which may be made, or report the same to the School Com missioners, for final adjudication. The power of the Trustees shall not extend further than the dismission of the Teacher, or expulsion of a pupil or pupils for malfeasance or disobedience of the rules or orders of the school.

SEC. 41. That it shall be the duty of the Commissioners of Tax to take in the number of all the children in the county between the ages of five and sixteen, and in case of failure or neglect to do so, shall be fined twenty dollars, to be deducted age of children out of his compensation for his services.

Duties of Com'rs of Tax the number &

to ascertain

act.

SEC. 42. That the provisions of this act, so far as districtLouisville, ing is required, shall not apply to the cities of Louisville, LexLexington and ington, and Maysville, but said cities shall be considered as Maysville, entitled to the having adopted the system of General Instruction, so long as benefits of this they continue to maintain Public Schools, by taxation or otherwise, and be entitled to all the benefits of this act, on report of the Agent of Public Schools, of the said cities, of the number of children within said cities, of the ages prescribed by this act, on oath, and that portion of the school money which the cities of Louisville, Lexington and Maysville shall be entitled to, shall be paid to the Mayor and Council, for the use of the Public Schools in said cities respectively.

ed.

SEC. 43. That all acts in relation to Common Schools, be, Acts repeal and the same is hereby repealed, reserving all rights of property and obligations acquired under the same.

1845

Amount drawn from

SEC. 44. That the amount to be drawn from the Treasury
for Common Schools, for such as shall be reported as kept du-
ring the year 1845, shall not exceed the sum of fifteen thous
and dollars: Provided, That nothing in this section contained, the Treasury
shall be so construed, as to lessen the obligations of the State to not to exceed
preserve the fund set apart and dedicated for maintaining $15,000 a yr.
Common Schools.

SEC, 45. That the surplus retained in the Treasury to cov-
er contingencies, shall, hereafter, be five thousand dollars.
SEC. 46. That all acts, or parts of acts, coming within the
purview of this act, be, and the same is hereby, repealed.
Approved February 10, 1845.

$5,000 to be retained in the

to

Treasury cover contingencies.

CHAPTER 215.

AN ACT giving the Mayor of the City of Covington concurrent jurisdiction
with Circuit Judges in cases of Idiots and Lunatics.

Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the Mayor of the City Court of Covington,
be, and he is, hereby, vested with all the power and jurisdic-
tion, in relation to Idiots and Lunatics, which is now vested,
by law, in the Judges of the Circuit Courts of this Common-
wealth and in all respects said Mayor shall be governed by
the laws now in force in relation to Idiots and Lunatics.
Approved February 10, 1845.

CHAPTER 216.

AN ACT to prescribe the mode of procuring copies of releases executed by the
Contractors on Public Works in the State of Kentucky.

* Records, &c. to be recorded

in the Clerk's office of Gene

ral Court.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Secretary of the Board of Internal Improvement, forthwith, to cause to be recorded in the Clerk's office of the General Court, all releases, powers of attorney to execute releases and assignment, which may have been executed by any Contractor, subContractor, or their assignees, to the State of Kentucky, under the provisions of an act, entitled, an act to amend an act for the benefit of Contractors of the Public Works, approved March 11th, 1843. It shall be the duty of the Clerk of the Duty Clerk General Court, upon recording, certifying, and examining, General Court such papers, to deliver the originals to the Secretary or President of the Board of Internal Improvement, whose duty it shall be, at any time, when said Board may be dispensed with, by law, to re-deliver said papers to the Clerk of the General Court. The Clerk of the General Court shall be entitled to the sum of twenty five cents for recording each re- pensation. lease, power, and assignment, to be paid out of the Treasury;

Clerk's com

How paid.