site, then it shall be the duty of the directors of such district to proceed to have such compensation determined in the manner which may be at the time provided by law for the exercise of the right of eminent domain: Provided, that no tract of land lying outside of the limits of any incorporated city or village, and lying within forty rods of the dwelling house of the owner of the land, shall be taken for a school site without the owner's consent.

§ 33. Any director willfully failing to perform his duties as director under this act, may be removed by the county superintendent, and a new election ordered, as in other cases of vacancies.

§ 34. All funds belonging to any school district, and coming from any source, shall be paid out only on order of the board of directors, signed by the president and clerk of said board, or by a majority of said board. In all such orders shall be stated the purpose for which or on what account such order was drawn. Such order may be in the following form:

range No.

or bearer,

dollars and.

The treasurer of township No. county, will pay to.. cents, (on his contract for repairing school house, or whatever the purpose may be). By order of the board of directors of school district No. in said township.

......

A.... B..
C...... D..

President. Clerk.

§ 35. Pupils shall not be transferred from one district to another without the written consent of a majority of the directors of each district, which written consent shall be delivered to and filed with the proper township treasurer, and shall be evidence of such consent. A separate schedule shall be kept for each district, and in each schedule shall be certified the proper amount due the teacher from that district, computed upon the basis of the total number of days' attendance of all schedules. If the district from which the pupils are transferred is in the same township as the district in which the school is taught, the directors of said district shall deliver the separate schedules to their township treasurer, who shall credit the district in which the school was taught, and charge the other district with the respective amounts certified in said separate schedules to be due. If pupils are transferred from a district of another township, the schedule for that district shall be delivered to the directors thereof, who shall immediately draw an order on their treasurer in favor of the treasurer of the township in which the school was taught for the amount certified to be due in said separate schedule.

§ 36. When a school is composed in part of pupils transferred, as provided for in the preceding section, from other townships, the duty of collecting the amount due on account of such pupils shall devolve upon the directors of the district in which the school was taught.

SECTION 1. Incorporated cities and villages, except such as now have charge and control of free schools by special acts, shall be and remain parts of the school townships in which they are respectively situated, and be subject to the general provisions of the school law, except as otherwise provided in this article.

§ 2. In all school districts having a population of not less than one thousand and not over one hundred thousand inhabitants, and not governed by any special act in relation to free schools now in force, there shall be elected, instead of the directors provided by law in other districts, a board of education, to consist of a president of the board of education, six members, and three additional members for every additional ten thousand inhabitants. Whenever additional members of such board of education are to be elected by reason of increased population of such district, such members shall be elected on the third Saturday of April succeeding the ascertaining of such increase by any general or special census, and the notice of such election shall designate the term for which the members are to be elected, so that one-third of the board shall be elected for each year: Provided, that in no case shall said board consist of more than fifteen members.

§ 3. The president of said board of education shall be elected annually, at the same time the members of the board of education are elected, and he shall hold his office for the term of one year, and until his successor is elected and qualified.

§ 4. The president of the board of education so elected shall preside at all meetings of said board, and shall give the casting vote in case of a tie between the members thereof; but otherwise he shall not have a vote. He shall sign all orders for the

payment of money ordered by said board, and generally perform such duties as are imposed by law upon presidents of boards of directors, or that may be imposed upon him by said board of education, not in conflict with law: Provided, that in the absence or inability to act as said president, said board may appoint a president pro tempore from their number.

§ 5. The annual election of members of the board of education shall be on the third Saturday in April, when one-third of the members shall be elected for three years, and until their successors are elected and qualified.

§ 6. Notice of such election shall be given by the board of education at least ten days previous to such election by posting notices in at least three of the most public places in said district, which shall specify the place where such election is to be held, the time of opening and closing the polls and the purpose for which such election is held, which notice may be in the following form, to-wit:

Public notice is hereby given, that on Saturday, the ... day of April A. D.. an election will be held at.... between the hours of.. and ...... of said day, for the purpose of electing a presiIdent of the board of education of district No.... township No... range No......, and members of the board of education of said district.

......

§ 7. In case of a failure to give the notice above provided for, such election may be held on any Saturday after such notice has been give as aforesaid.

§ 8. Such election shall be conducted in the same manner, and be governed by the provisions of this act relating to the election of boards of directors, except as otherwise provided by law.

§ 9. At the first election of directors succeeding the passage of this act, in any district having a population of not less than one thousand (1,000) inhabitants by the census of 1880, and in such other districts as may hereafter be ascertained by any special or general census to have a population of not less than one thousand (1,000) inhabitants, at the first election of directors occurring after taking such special or general census, there shall be elected a board of education, who shall be the successors of the directors of the district; and all rights of property and all rights or causes of action existing or vested in such directors, shall vest in said board of education, in as full and complete a manner as was vested in the school directors. Such board, at its first meeting, shall fix, by lot, the terms of office of its members, so that one-third of them shall serve for one year, one-third for two years, and one-third for three years, and thereafter one-third shall be elected annually on the third Saturday in April, to fill the vacancies occurring, and to serve for the term of three years.

§ 10. The board of education shall have all the powers of school directors; and, in addition thereto and inclusive thereof, they shall have the power and it shall be their duty—

First-To establish and support free schools not less than six nor more than ten months in each year.

Second-To repair and improve school houses, and furnish them with the necessary fixtures, furniture, apparatus, libraries and fuel.

Third-To examine teachers as supplemental to any other examination, to employ teachers and to fix the amount of their salaries. [As amended by act approved June 19, 1893.

Fourth-To establish schools of different grades, and make regulations for the admission of pupils into the same.

Fifth-To buy or lease sites for school houses, with the necessary grounds: Provided, it shall not be lawful for such board of education to purchase or locate a school house site, or to purchase, build or move a school house, unless authorized by a majority of all voters voting at an election called for such purpose in pursuance of a petition signed by not less than five hundred (500) legal voters of such district, or by one-fifth of all the legal voters of such district.

Sixth-To levy a tax, annually, upon the taxable property of the district, in the manner provided in article VIII of this act, for the purpose of supporting and maintaining free schools in accordance with the powers herein conferred: Provided, that it shall not be lawful for such board of education to levy a tax to extend schools beyond a period of ten months in each year, except upon petition of a majority of the voters of the district: And provided, further, that all taxes shall be levied under the limitations relating to the percentage of the assessment, as provided by section 1, article VIII of this act.

Seventh-To employ, should they deem it expedient, a competent and discreet person or persons as superintendent or superintendents of schools, and fix and pay a proper salary or salaries therefor, and such superintendent may be required to act as principal or teacher in such schools.

Eighth-To lay off and divide the district into sub-districts, and from time to time alter the same, create new ones and consolidate them.

Ninth To visit all the public schools as often as once a month to inquire into the progress of scholars and the government of the schools.

Tenth To prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner. *

Eleventh-To expel any pupil who may be guilty of gross disobedience or misconduct. No action shall lie against them for such expulsion.

* See act concerning alcohol and narcotics, approved June 1, 1889.

Twelfth-To dismiss and remove any teacher, whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the schools may, in their opinion, require such removal or dismissal.

Thirteenth-To apportion the scholars to the several schools. Fourteenth-To establish and promulgate all such by-laws, rules and regulations for the government and the establishment and maintenance of a proper and uniform system of discipline in the several schools, as may, in their opinion, be necessary.

Fifteenth-To take charge of the school houses, furniture, grounds and other property belonging to the district, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated.

Sixteenth-To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to or under the control of the district.

Seventeenth-To appoint a secretary and provide well bound books at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings.

Eighteenth-To annually prepare and publish in some newspaper, or in pamphlet form, a report of the number of pupils instructed in the year preceding, the several branches of study pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read and write, and the receipts and expenditures of each school, specifying the source of such receipts and the objects of such expenditures.

§ 11. In all questions involving the expenditure of money, the yeas and nays shall be taken and entered on the records of the proceedings of the board.

§ 12. None of the powers herein conferred upon boards of education shall be exercised by them, except at a regular or special meeting of the board.

§ 13. All conveyances of real estate shall be made to the township trustees in trust for the use of schools, and no conveyance of any real estate or interest therein used for school purposes, or held in trust for schools, shall be made, except by the board of trustees, upon the written request of such board of education.

§ 14. All money raised by taxation for school purposes, or received from the State common school fund, or from any other source, for school purposes, shall be held by the township treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof.

§ 15. Any city, incorporated town, township or district in which free schools are now managed under any special act, may, by vote of its electors, cease to control such schools under