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part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods.

Second-The whole number of scholars in attendance at all the schools, giving the number of males and females separately.

Third-The number of male and female teachers, giving each separately; the highest, lowest, and average month compensation paid to male and female teachers, giving each item separately.

Fourth-The number of persons under twenty-one years of age, making a separate enumeration of those above the age of twelve years who are unable to read and write, and the cause or causes of the neglect to educate them.

Fifth-The amount of the principal of the township fund; the amount of interest of the township fund paid into the township treasury; the amount raised by ad valorem tax and the amount of such tax received into the township treasury, and amount of all other funds received into the township treasury.

Sixth-Amount paid for teachers' wages; the amount paid for school house lots; the amount paid for building, repairing, purchasing, renting and furnishing school houses; the amount paid for school apparatus, for books and other incidental expenses for the use of school libraries; the amount paid as compensation to township officers and others.

Seventh-The whole amount of the receipts and expenditures for school purposes, together with such other statistics and information in regard to schools as the State Superintendent or county superintendent may require. And any township from which such report is not received in the manner and time required by law, shall forfeit its portion of the public fund for the next ensuing year: Provided, that upon the recommendation of the county superintendent, or for good and sufficient reasons, the State Superintendent may remit such forfeiture.

1. The law requires this report or statement to be made, and points out specifically what it shall contain. Any township failing to make such report, shall forfeit its portion of the distributive fund for the next ensuing year. Pace v. The People, 47-321.

§ 29. In all cases where a township is, or shall be divided by county line or lines, the board of trustees of such township shall make or cause to be made separate enumerations of male and female persons of the ages as directed by section 28 of this article, designating separately the number residing in each of the counties in which such township may lie, and forward each respective number to the proper county superintendent of each of said counties; and in like manner, as far as practicable, all other statistics and information enumerated and required to be reported in the aforesaid section, shall be separately reported to the several county superintendents; and all such parts of said statistical information as are not susceptible of division and are impractible to be reported separately, shall be reported to the county superintendent of the county in which the sixteenth section of such township is situated.

§ 30. At each semi-annual meeting, and at such other meetings as they may think proper, the said township board shall examine all

books, notes, mortgages, securities, papers, moneys and effects of the corporation, and the accounts and vouchers of the township treasurer, or other township school officer, and shall make such order thereon for their security, preservation, collection, correction of errors, if any, and for their proper management, as may seem to said board necessary.

1. These duties of the board of trustees, as prescribed by the statute, are designed to protect and guard not only a public fund, but in addition thereto, a duty prescribed by statute as the duty of the treasurer with reference to that fund; the trustees are given a supervisory power and right and a duty in reference to the treasurer's management of that fund. The statute which prescribes these duties and rights is a public law of which all persons must take notice. Trustees of Schools v. Southard, 31A-359.

2. The treasurer is appointed by the board of trustees, and it is made his duty to lend school moneys, to collect, to safely keep funds, and discharge other duties prescribed by the statute. While an officer appointed by the board of trustees, his duties are prescribed by the statute and no power can authorize him to neglect or violate those duties. There is a certain supervisory control exercised by the board of trustees in pursuance of the statute. The treasurer must account semi-annually to the trustees, and lay before them all books, notes, bonds, mortgages and all other evidences of indebtedness belonging to the township. Ibid.

§ 31. The trustees of schools in each township in the State may receive any gift, grant, donation or devise made for the use of any school or schools, or library, or other school purposes within their jurisdiction, and they shall be and are hereby invested, in their corporate capacity, with the title, care and custody of all school houses. and school house sites: Provided, that the supervision and control of such school houses and school house sites shall be vested in the board of directors of the district.

1. The donation of a site for a school house is a donation for a charitable use, and equity will supply all defects in the conveyance. Price v. School Directors, 58-452.

2. School directors are given the control and management of school houses and sites, but the title to such property is vested in the board of trustees. The board of directors as such, cannot bring suit to compel an owner to convey the fee. A suit for such purpose can be maintained only in name of trustees of schools. The law invests the school directors with no such interest. Wilson v. School Directors, 81-180.

3. A school house is built by and for the public. Children of a district have a right to go to and return home from the school house, and to travel over the land of another until a highway is provided. Permission to pass over owner's land for several years, amounts to a license requiring notice to revoke. Wilson y. Garrard, 59-51; Kiehna v. Mansker, 178-17.

4. When a school site is conveyed for school purposes, its use is not restricted to any special purpose. It may be occupied as a school site or it may be rented and the rents received applied to the general school purposes of the district. If sold, the site would be used for other than school purposes. This would amount to a perversion. Trustees of Schools v. Braner, 71-546; Eldridge v. Trustees of Schools, 111-576.

5. Although the title to school property is vested in the board of trustees, school directors in the actual occupancy of a house when a trespass is committed, may maintain an action of trespass. Barber v. Trustees of Schools, 51396; Alderman v. School Directors, 91-179.

6. A devise of lands to 'the school' of a specified town, to be held in trust for the purpose of constituting a fund to defray the expenses of teaching religion and morals, does not vest the title in the township trustees and their

successors under the act of 1841, then in force, which did not provide that the title of all lands given for school purposes should be so held. Trustees of Schools v. Petefish, 181-255; Heuser v. Harris, 42-425.

7. The supervision and control of school houses is expressly vested in the directors. When one director assumes exclusive individual control of the school house of the district, and is engaged in raising it from the foundation, with the intention of removing it from its site, the restraining power of the court may be invoked by the other directors, as this is a clear interference with the right given the board of directors to its control. It is true that the trustees of schools are vested with the title, care and custody, but it is the control of the school house that is here involved, and that is vested in the directors. Ruble v. School District, 42A-483.

8. The trustees of schools are invested in their corporate capacity with the title, care and custody of all school houses and school house sites within their respective townships. All conveyances of real estate are made to them in their corporate capacity, and they are to sell and convey sites which have become unsuitable, unnecessary or inconvenient. School directors are given the control and supervision of school houses in their respective districts, and may decide when a school house site may become unnecessary, unsuitable or inconvenient. They are authorized to agree upon or determine the compensation to be paid for a school house site with the parties interested in the land, and in case of failure they may 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. Banks v. School Directors, 194-247.

§ 32. When, in the opinion of any board of directors, the school house site or any buildings have become unnecessary or unsuitable or inconvenient for a school, the board of trustees, on petition of a majority of the voters of the district, shall sell and convey the same in the name of the said board, after giving at least twenty days' notice of such sale by posting up written or printed notices thereof, particularly describing said property, and the terms of sale, which notice may be in the following form, viz:

Public notice is hereby given that on the...

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..day of.. the trustees of schools of township No. range No. sell at public sale, on the premises hereinafter described, between the hours of 10:00 o'clock a. m. and 3:00 o'clock p. m., the school house situated on the school house site, known as (here describe the site by its number, commonly known name, or other definite description,) and located in the (here describe its place in the section,) which sale will be made on the following terms, towit: (Here insert as "one third of the purchase money cash in hand, and the balance in two equal payments, due in one and two years from day of sale, with interest at the rate of.. ..per cent from date.")

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And the deed of conveyance of the property so sold shall be executed by the president and clerk of said board, and the proceeds of such sale shall be paid over to the township treasurer, for the benefit of said district.

1. This section confers a power to be exercised when changed conditions have rendered a site once chosen by the voters unsuitable or inconvenient in the opinion of the board, and the power given in such case is to take the initative for the choice of another site by calling an election and submitting the question to the voters. A change in the center of population, or other conditions, may occur, and the language of the statute implies some such

change in condition which will authorize action by the board, and not a refusal to carry out the will of the voters. Kiehna v, Mansker, 178-15; Kiehna v. Mansker, 77A-508, reversed.

2. School directors cannot annul an election changing a school site, repudiate the site chosen and call an election to vote on the question of building a new school house on the old site, discarded at the first election, merely because the new site is some distance from a highway. Ibid; School Directors v. The People, 90A-670.

§ 33. All conveyances of real estate which may be made to said board, shall be made to said board in their corporate name, and to their successors in office.

1. Where a site has been conveyed by a sufficient deed to the township trustees, for the use of such district, and the deed of conveyance contained à condition that in case said land should not be used for a school house site it shall revert back to the grantor, his heirs and assigns, and where the building after having been occupied by the district for a number of years, was used as a dwelling by the tenant of the grantor without the consent of the school authorities, it is held that such facts do not show an abandonment of the premises for school purposes. Barber v. Trustees of Schools, 51-396.

§ 34. The township board shall cause all moneys for the use of the townships and districts to be paid over to the township treasurer, who is hereby constituted and declared to be the only lawful depositary and custodian of all township and district school funds. They shall have power also to remove the township treasurer, at any time, for any failure or refusal to execute or comply with any order or requisition of said board, legally made and entered of record, or for other improper conduct in the discharge of his duty as treasurer. They shall also have power for any failure or refusal as aforesaid to sue him upon his official bond and recover all damages sustained by the said board in its corporate capacity, by reason of such neglect or refusal as aforesaid.

1. This language indicates the purpose to charge the treasurer with a specific trust. It is not used with reference to any other involuntary corporate fund. It is a trust fund. It is appropriated to a specific purpose by law, and until so devoted, there is no authority to divert it. In such cases the statute of limitations does not apply, because the fund is, by law, appropriated to a specific purpose, to be used by a named agency of the State. Trustees of Schools v. Arnold, 58A-103.

2. The rule seems to be general and well settled by authority, that so long as the duties of the trustee remain undischarged, the trustee cannot avail of the statute of limitation for his defense. No distinction has been made between a suit on bond and a suit on a statutory liability. As to any school fund in the hands of the treasurer, pleas of the statute of limitations are not well pleaded. Ibid.

3. School directors, when authorized by a vote of the people of the district, may borrow money for certain enumerated purposes, on terms prescribed by the statute, and when obtained, it is their duty to pay it over to the treasurer, who is the only proper custodian. Should they place it in the hands of any one else, it is at their own risk. Adams v. State of Illinois, 82-132.

4. As a general rule, money in the custody of the law, or in the hands of an officer of the law, is not liable to be reached by garnishee process. Money in the hands of school directors or their treasurer, is not liable to garnishment. The reason is that the money or property is in the custody of the law, and while it so remains it is not the property of the debtor, to satisfy whose debt the process is instituted. Nor is such officer his debtor. While the

money is in the hands of the officer the law may control it, and preventing its ever reaching the hands of the person whose debt is thus sought to be satisfied. Millison v. Fisk, 43-112; Bivens v. Harper, 59-21.

§ 35. The township trustees are hereby vested with general power and authority to purchase real estate, if in their opinion the interests of the township fund will be promoted thereby, in satisfaction of any judgment or decree wherein the said board or the county superintendent are plaintiffs or complainants; and the title of such real estate so purchased shall vest in said board for the use of the inhabitants of said township, for school purposes.

1. Where money is lent by school officers on mortgage security, the trustees of schools have the right to purchase lands at a sale made in foreclosure proceedings. Trustees of Schools v. Arnold, 58A-103.

§ 36. The board of trustees are hereby vested with general power and authority to make all settlements with persons indebted to them in their official capacity; or to receive deeds to real estate in compromise; and to cancel, in such manner as they may think proper, notes, bonds, mortgages, judgments and decrees, existing or that may hereafter exist, for the benefit of the township, when the interest of said township, or of the funds concerned shall, in their opinion, require it; and their action in the premises shall be valid and binding.

§ 37. The board of trustees are hereby authorized to lease or sell at public auction, any land that may come into their possession in the manner provided for in either of the two preceding sections in such manner and on such terms as they may deem for the interests of the townships: Provided, however, that in all cases of sale of such land, the sale shall be either at the door of the court house, where judicial sales of land are usually made, or else on the premises to be sold, as the trustees may order or direct. And, provided, further, that in all cases of sale of land, as provided in this section, the sale shall be made in the manner provided for sale of the sixteenth section by section 14 of article 13 of this act.

1. Where a deed is made by the trustees of schools of the first part, and they by the same discretion, as parties, relinquish the right of homestead and covenant to warrant the title for themselves and their successors in office, although signed individually, where there is proof these persons were the trustees of the township who had owned, and then claimed to own the land and it appears, beyond all doubt, that the intention was to convey the land, and to do so as trustees-as officers of the corporation, such deed, if it does not pass the legal, it unquestionably passes the equitable title. If the grantor holds the equitable fee, in a court of chancery he will be treated as the owner in fee. Hemstreet v. Burdick, 90-444.

§ 38. Upon petition of not less than fifty voters of any school township, filed with the township treasurer, at least fifteen days preceding the regular election of trustees, it shall be the duty of said treasurer to notify the voters of said township that an election "for" or "against" a township high school will be held at the next regular election of trustees, by posting notices of such election in at least ten of the most public places throughout such township, for at least ten days before the day of such regular election, which notices may be in the following form, viz:

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