teachers. Annul certificates. ges against giving such teacher reasonable notice of the charge, and an opportunity to defend himself therefrom; and if he find the charge sustained, to annul the teacher's certificate, by whomsoever granted, and to declare him unfit to teach; and if the teacher held a certificate of the superintendent, or a diploma of the state normal school, to notify the superintendent forthwith of such annulment and declaration. Commissioners to vits. 8. And, generally, to use his utmost influence and most strenuous exertions to promote sound education, elevate the character and qualifications of teachers, improve the means of instruction and advance the interests of the schools under his supervision. § 14. Every school commissioner shall have power take anda- to take affidavits and administer oaths in all matters pertaining to common schools, but without charge or fee; and, under the direction of the superintendent of public instruction, to take and report to him the testimony in any case of appeal. the super of public Subject to § 15. The commissioners shall be subject to such intendent rules and regulations as the superintendent of public instruc- instruction shall, from time to time, prescribe; and tion. appeals from their acts and decisions may be made To report to him, as hereinafter provided. They shall, whenannually, ever thereto required by the superintendent, report etc. to him, as to any particular matter or act, and shall severally make to him annually, up to the first day of October in each year, a report in such form, and containing all such particulars as he shall prescribe and call for; and for that purpose shall procure the reports of the trustees of the school-districts from the town-clerks' offices, and after abstracting the necessary contents thereof, shall arrange and indorse them properly, and deposit them with a copy of his own abstract thereof, in the office of the county clerk; and the clerk shall safely keep them. TITLE III. OF THE STATE AND OTHER SCHOOL MONEYS, THEIR FIRST ARTICLE. Of the state school moneys and their apportionment by the superintendent of public instruction, and payment to the county treasurers. for the *SECTION 1. There shall be raised by tax, in the State tax present and each succeeding year, upon the real and support of personal estate of each county within the state, one schools. mill and one-fourth of a mill upon each and every dollar of the equalized valuation of such estate, for the support of common schools in the State; and the proceeds of such tax shall be apportioned and distributed as herein provided. board of not omit to the state § 2. No clerk of any board of supervisors, or other Clerk of person who shall make out the tax list or assess- supervisment roll of any town, shall omit to include and ors may apportion among the moneys to be raised thereby include the amount hereby required to be raised for the sup- school tax. port of schools, by reason of the omission of the board of supervisors to pass a resolution for that purpose. to be 83. The moneys so raised shall be paid into the How monstate treasury, and the treasurer may transfer them deposited. from one depository to another, by his draft, countersigned and entered by the superintendent of public instruction. On the first working day of Treasurer each month the treasurer shall make to the superintendent of public instruction a written statement of the condition of the free school fund, showing the amount received and paid during the preceding month, and the balance remaining on hand. The *As amended by sec. 3, chap. 406, Laws of 1867. to report. Comptroller may moneys from intendent may borrow moneys. bank in which such moneys are deposited shall furnish the superintendent of public instruction a book, in which the officers of such banks shall make entries of all sums deposited therein by the treasurer, from time to time, to the credit of said free school fund. No such money shall be paid out of the treasury except upon such warrant of the superintendent, countersigned by the comptroller, referring to the law under which it is drawn. The superintendent shall countersign and enter all checks drawn by the treasurer in payment of his warrants, and all receipts of the treasurer for such money paid to the treasurer, and no such receipt shall be evidence of payment unless it be so countersigned. * 4. The comptroller may withhold the payment withhold of any moneys to which any county may be entitled, from the appropriation of the incomes of the school counties. fund and the United States deposit fund for the support of common schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state Treasurer treasurer; and whenever, after the first day of March inter in any year, in consequence of the failure of any county to pay such moneys on or before that day, there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon at the rate of twelve per cent per annum, until payment shall be made to the treasury, shall be a charge upon the county in default, and shall be added to the amount of state tax, and levied upon such county by the board of supervisors thereof, at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes. State school moneys. § 5. The moneys raised by the state tax or borrowed as aforesaid to supply a deficiency thereof, *As amended by sec. 4, chap. 406, Laws of 1867. ment by and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund, when the same are appropriated to the support of common schools, constitute the state school moneys, and shall be divided and Apportionapportioned by the superintendent of public instruc- superintion, on or before the twentieth day of January in each year as follows: and all moneys so apportioned Applied to except the library moneys, shall be applied exclu- wages. sively to the payment of teachers' wages. tendent. teachers' United posit fund, school *§ 6. He shall apportion and set apart from the in- Income of come of the United States deposit fund so appro- States depriated the amounts required to pay the annual and free salaries of the school commissioners elected or elect- fund. ive under this act, to be drawn out of the treasury and paid to the several commissioners, as hereinbefore provided; and he shall also apportion to each of the cities of the state, and to each of the incorporated villages of the state having a population of five thousand and upwards, which, under a special act, employs a superintendent of common schools, or a clerk of the board of education, who does the duty of supervision, out of the income of the said fund, and if insufficient the deficiency out of the free school fund, so appropriated, the sum of eight hundred dollars, and in case any city is entitled to more than one member of assembly according to the unit of representation adopted by the legislature, five hundred dollars for each additional member of assembly, to be expended according to law, for the support of the common schools of the city. He shall then set apart, from the income of the United States deposit fund, for and as library moneys, such sum as the legislature shall appropriate for that purpose. He shall also set apart from the free school fund a sum not exceeding four thousand dollars for a contingent fund. He shall then set apart and apportion, for and on account of the Indian schools under his supervision, a sum which will be equitably equivalent to their proportion of the state school money, upon the basis of distribution established by this act, such sum to be *As amended by chap. 374, Laws of 1876. apportion ment. wholly payable out of the proceeds of the state tax for the support of common schools. After deducting the said amounts, he shall divide the remainder of the state school moneys into two parts, one to be one-third and the other to be two-thirds of such remainder, and shall apportion them as hereinafter specified. One-third § 7. He shall apportion the one-third of the remainder equally among the school districts and cities from which reports shall have been received in accordance with law, as follows: What dis tricts to receive district quo ta. for each qualified teacher. Term of school. To entitle a district to a distributive portion or district quota, a qualified teacher, or successive qualified teachers, must have actually taught the common school of the district, for at least the term of time hereinafter mentioned, during the last preOne quota ceding school year. For every additional qualified teacher and his successors who shall have actually taught in said school during the whole of said term, the district shall be entitled to another distributive quota; but pupils employed as monitors, or The otherwise, shall not be deemed teachers. aforementioned term, during the current school year shall be six months, and thereafter shall be twentyeight weeks of five school days each, inclusive of New Year's day, Washington's birthday, the fourth day of July, Christmas day, and any other day which shall be, by law, declared a holiday, which shall occur during the term. A deficiency not exceeding three weeks during the current year, or in any subsequent year, caused by a teacher's attendance upon a teachers' institute within the county, shall be excused. apportionment. Two-thirds § 8. Having so apportioned and distributed the one-third, the superintendent shall apportion the twothirds of the said remainder, and also the library moneys separately, among the counties of the state, according to their respective population, excluding Indians residing on their reservations, as the same shall appear from the last preceding state or United Apportion- States census; but as to counties in which are situpayment ated cities having special school acts, he shall apportion to each city the part to which it shall so appear to cities. |