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sectarian or denominational doctrine is hereby expressly forbidden to be taught therein; nor shall any teacher or any district receive any of the public school moneys in which the schools have not been taught in accordance with the provisions of this Act.
SEC. 66. Trustees may determine whether pupils outside of their district may attend school in such district and upon what terms.
Sec. 67. The school year within this State shall comience on the first Monday in September in each year. A school inonth is four weeks, of five school days.
Sec. 68. If the county superintendent fails to make a full and correct report to the State Superintendent of Public Instruction, of all statements required by the law to be made, he forfeits the sum of one hundred dollars from any moneys due him from the county, and the board of county commissioners are hereby authorized and required to deduct therefrom the sumn aforesaid, upon information from the State Superintendent of Public Instruction that such reports have not been inade.
CHAPTER X. SEC. 69. The board of school trustees of any school district may, whenever a majority so decide, submit to the electors who are residents, freeholders or heads of families of the district, the question whether the board be authorized to issue coupon boods to a certain amount, not to exceed four per cent of the taxable property in said district, and bearing a certain rate of interest, not exceeding eight per centum per annum, and payable and redeemable at a certain time, for the purpose of building or providing a school house in said district with all necessary furniture, as desks, blackboards, globes, charts, outline maps etc., and the board of school trustees of any school district, which has issued bouds for any of the purposes enumerated in this section, may submit to the electors of such district the question whether the board shall be authorized to issue coupon bonds to refund or take up any of the bonded indebtedness of such district, at a rate of interest not exceeding eight per centum per annum.
Such elections must be held in the manuer prescribed for elections in this Act. The ballots must contain the words “bonds yes" or "bonds no." If two-thirds of the votes cast at such election are “bonds yes” the board of trustees inust issue such bonds in such forms as the board may direct; they must bear the signature of the chairman of the board of trustees and be countersigned by the clerk of the school district, and the coupons attached to the bonds must be signed by said chairman and said clerk; and each bond so issued must be registered by the county treasurer in a book provided for that purpose, which must show the number and amount of each bond and the person to whom the same is issued, and the said bonds must be sold by the said school trustees as hereinafter provided.
The school trustees must give notice in some newspaper published in the State, for a period of not less than four weeks, to the effect that said school trustees will sell said bonds, briefly describing the same, and stating the time when, and the place where said sale will take place. Provided, That the said bonds must not be sold for less than their par value, and the trustees are authorized to reject any bids and to seil said bonds at private sale if they deem it for the best interest of the
district, and all money arising from the sale of said bonds must be paid forth with into the treasury of the county in which said district may be located, to the credit of said district, and the saine are immediately available for any of the purposes authorized by this chapter.
The faith of each school district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds, which are issued under this Act. And for the purpose or enforcing the provisions of this Act, each school district is a body corporate, and inay sue and be sued by or in the name of the board of school trustees of said district.
The school trustees of each district must ascertain and levy annually the tax necessary to pay the interest as it becomes due and a sinking fund to redeem the bonds at their maturity, and said tax is a lien upon the property of said school district and must be collected in the same manner as other taxes for school purposes. Provided, That the said sinking fund, may at the discretion of the board, be loaned on first mortgage or improved farm lands, but no loan shall exceed one-third of the market value of the land, exclusive of the improvements thereon, given as security for such loans. The annual interest on all loans herein provided for shall be seven per cent, or may be invested in U. S. bouds, State bonds, county bonds, county or State Warrants, when the market value thereof is not below par, at the discretion of said board.
Sec. 74. When the sum in the sinking fuud equal or exceeds the amount of any bond then due, the county treasurer shall post in his office a notice that he will, within thirty days from the date of such notice, redeem the bonds then payable, giving the number thereof; and preference must be given to the oldest issue; and if at the expiration of the said thirty days the holder or holders of said bonds shall fail or neg. lect to present the same for payment, interest thereon must cease; but the treasurer shall at all times thereafter be ready to redeem the same on presentation, and when any bonds are so purchased or redeemed the county treasurer must cancel the same by writing across the face of each bond, in red ink, the word "redeemed," and date of such redemption.
The county treasurer must pay out of any moneys belong. ing to a school district, the interest upon any bonds issued under this chapter by such school district when the same becomes due, upon the presentation at his office of the proper coupon, which must show the amount due and the number of the bond to which it belonged; and all coupons so paid must be reported to the school trustees at the first meeting thereafter.
SEC. 76. The school trustees of any district must cause to be printed or lithographed at the lowest rates, suitable bonds, with the coupons attached, when the same becomes necessary, and pay therefor out of any moneys in the county treasury to the credit of the school district.
Sec. 77. If any of the school trustees fraudulently fail or refuse to pay, into the proper county treasury, the money arising from the sale of any bonds provided for by this Act, they are guilty of a felony.
Sec. 78. Whenever any school district within this State, as defined by the board of county commissioners, has within its limits taxable property of the amount of one hundred and fifty thousand dollars or over, as shown by the last assessment roll for the county, it may be organized into an independent school district upon a vote of one-fifth or over of
those within the district who are qualified to vote at school elections, petitioning the said board for the establishing of such district as an independent school district; and if a greater number of such qualified voters, do not remonstrate against such establishment, the board must clearly, by its order of record, define the boundaries of such district, if not already done, and within one month, order that the question of so establishing such independent school district must be submitted to a vote of all the electors of the district, who, under the provisions of this Act, are authorized to vote for the levy of taxes and issue of bonds, and must make the necessary arrangements for such election, giving at least twenty days notice thereof, and the time and place of holding the same. If a majority of those so voting, vote in favor of so organizing such independent district, said board must make its order of record and declare such district established, and designate it as the independent school district, (state name and number of district) in County, Idaho.
The district so established is constituted a body corporate and succeeds to the title of all property rights and privileges, and assumes and inust discharge and pay all debts, obligations and duties belonging to or devolving upon the old district or districts of which it is so formed and established, and by its corporate name it may:
FIRST. Make contracts, sue and be sued.
SECOND. Take, hold and convey such real and personal property only as is needed for actual school purposes.
THIRD. To have a corporate seal.
SEC. 80. The officers of such district consist of a board of trustees, composed of six qualified electors, who are resident freeholders within the district. The first board of trustees must be appointed by the board of county commissioners iminediately after the district is so established, and hold their offices for terins as follows, to wit: Two until the next school election under the provisions hereof; two foi two, and two for four years after such election and until their successors are elected and qualified, and said board so appointing must designate the term of each trustee so appointed.
SEC. 81. There must be an electiou for two meinbers of the board of trustees to be held on the first Monday of September following the establishment of such district, and biennially thereafter an election must be held to elect two trustees. The clerk of the board must give at least ten days' notice of the time and place of such election, by publication in a newspaper, or by three posted notices in the district, and at all elections under this chapter voters must have the same qualifications prescribed by this title for school elections. At such elections any person offering to vote may be challenged and required to take all oaths required of voters at general elections in this State; and on refusing to take such oaths, most not be allowed to vote, and the board of trustees may appoint for all such elections two judges and one clerk. Voting must be by ballot, and if upon counting the ballots there is a tie and three qualified persons have the highest and an equal number of votes, the board of trustees must select two from the three, and when there is a failure to elect by reason of a tie vote the board of trustees must select. If any trustee dies, removes from the district or ceases to have the qualifications for such office, or from any cause his office is vacant, or he neglects or refuses to act, or without excuse ceases to attend the meetings of the board for four successive regular meetings thereof, his office thereby becomes vacant, and a majority of said board of trustees may appoint another qualified person to fill his unexpired term.
Sec. 82. No trustee must be interested in any contract let or made by or with the board, or with any officer thereof, or in any supplies furnished to or for said district, or a surety for the performance of any contract with said board or district, or the agent or partner of any contractor with said board or district; and no action can be maintained or recovery had against said board or district upon any contract or obligation in which any trustee is so interested, but the same is void. Each trustee must, before entering upon the duties of his office, take and subscribe the official oath, which must be filed with the county school superintendent and immediately after the appointment of such trustees by the board of county commissioners, as above provided, and after each biennial election, the trustees, or a majority thereof, must meet at the school house and organize as a board, and from their number must select a chairman, a clerk and a treasurer, or they may elect as treasurer some competent and responsible person who is not a trustee. No school officer whatever must receive any pay or compensation for his time or services or in any way be allowed to make any pecuniary profit or gain by reason of his office; and any school officer or person who has the custody in any way of any school funds must give bonds, with at least two good sureties, in double the amount of funds likely at any time to be in his custody.
SEC. 83. Regular meetings of the board of trustees must be held on the second Monday of each month, and special meetings may be called by the chairman of the board, or by any two trustees, by personal notice of the time and place of such meetings to each member of the board, or, if he cannot be found, by leaving such notice at his place of residence with some person of suitable age and discretion. Four trustees constitute a quorum for the transaction of any business, but a less number may adjourn any regular meeting from time to time, until a quorum can be obtained; but no meeting of the board, not provided for by the rules or by law, is legal unless all the members thereof have been notified as provided for in this section.
SEC. 84. The board of trustees of said district must have power to and it is their duty
FIRST—To make such by-laws for their own government and for the government of the schools of the district as they may deem expedient, not inconsistent with the provisions of this chapter.
SECOND—To employ or discharge teachers, mechanics and laborers, and to fix, allow and order paid their salaries and compensation, and to determine the rates of tuition for non-resident pupils.
THIRD—To levy a special tax if necessary, which when added to moneys apportioned by the county superintendent of schools, will be sufficient to provide funds for the maintenance of the schools for nine months in each year; the special taxes levied by said board of trustees for the payment of interest on bonds and sinking fund, for payment of bonds at maturity, together with the levy for the maintenance of schools, shall not exceed ten mills on the dollar.
Fourth—To provide furniture, fixtures and apparatus, and for everything needed in the school house or for the use of the board.
FIFTH—To rent, repair and insure school houses and property, and preserve the same for the benefit of the schools of the district.
SIXTH–To build or remove school houses and buildings, and to purchase or sell school lots.
SEVENTH–To suspend or expel pupils from school who refuse tu obey the rules thereof, and to exclude from school, children under six years of age.
EIGHTH–To determine the number and qualifications of teachers who shall be employed and the length of time the school shall be kept, to fix the time for opening or closing of school, and for the dismissal of primary pupils before the regular time of closing schools.
NINTH–To require pupils to be furnished with the proper and suitable books as a condition of membership in the schools.
TENTH–To exclude from the schools and school libraries of said district all books, tracts, papers and catechisms of a sectarian nature.
ELEVENTH—To require teachers to conform to the law and the regulation of the board.
TWELFTH-To protect the morals and the health of the pupils while at school.
SEC. 85. All the provisions of this Act providing for a public school system wherein not contradictory to or inconsistent with the provisions of this chapter and which may be made applicable to the objects thereof, are adopted as a part of the law governing the establishment and management of independent school districts.
Sec. 86. Whenever there shall have accuinulated in the hands of the treasurer of any school district in the State moneys belongiug to said school district to an amount in excess of the amount which, in the opinion of the school district board of said district, shall be necessary for the necessary current expenses of maintaining the schools in said district, the same shall be invested by said board in United States bonds, State bonds, State warrants or county warrants when the market value thereof is not below par. And said board shall deposit said securities in some safe deposit, and they shall there be kept until it shall become necessary to convert the same into money for school district purposes, to be determined by said board.
SEC. 87. All acts and parts of acts in conflict with this Act are hereby repealed.
Sec. 88. Whereas an emergency exists this Act shall be in force and effect from and after its passage.
Approved on the 6th day of February, 1899.
H. B. NO. 43.
VILLAGES, AND PRESCRIBING THEIR DUTIES; DEFINING THE POWERS OF TRUSTEES OR
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. The board of trustees shall have power, by ordinance, to provide for the election and the duties and compensation, of a city, town