1830. collector to be annually elected by the dis trict meetings. Com'rs to fill any vacancies that may occur in those offices. Persons elected to serve in those offices & refusing to ac cept or perform the duties, may be fined. County court may permit them to resign their offices. Duties of the clerk of the district. their respective offices until the annual meeting of such district next following the time of their appointment, and until others shall be elected in their places; and in case any such office shall be vacated by the death, refusal to serve, removal out of the district, or any other cause, and the vacancy shall not be supplied by a district meeting within one month thereafter, the public school commissioners of the district may appoint any person residing in the district, to fill such vacancy, and any person duly chosen or appointed to any such office, who without sufficient cause shall refuse to serve therein, shall forfeit the sum of five dollars; and every person so chosen or appointed, and not having refused to accept, who shall neglect to perform the duties of his office, shall forfeit the sum of ten dollars; which forfeitures shall be recovered and applied after the manner prescribed in the fifth section of this act, on the motion of any individual resident within the district; but any such officer may resign his office, if upon application made by him to the county court the county court shall in its discretion accept his resignation; and in such case the county court shall cause notice thereof to be given to the clerk or to one of the public school commissioners of the school district to which the officer resigning may belong. Sec. 13. Be it further enacted, That it shall be the duty of the clerk of each school district to record the proceedings of his district, in a book provided for that purpose by the district, and to enter therein true copies of all reports made by the public school commissioners of his district to the county court; to give notice of the time and place for special district meetings, when the same shall be called by the public school commissioners of the district, to each inhabitant of such district liable to pay taxes, at least five days before such meeting shall be held, in the manner prescribed in the seventh section of this act; to affix a notice in writing, of the time and place for any adjourned district meeting, when the same shall be adjourned for a longer time than one month, in at least four of the most public places of such district, at least ten days before the time appointed for such adjourned meeting; to give like notice of every annual district meeting, and to keep and preserve all records, books and papers belonging to his office, and to deliver the same to his successors in office, in the manner and subject to the penalties provided by law, in relation to the clerk of the county court. 1830. The com'rs to make out a list sessed by the dist. and cause the amount to of the tax as be collected. Sec. 14. Be it further enacted, That it shall be the duty of the public school commissioners of each dis. trict, to make out a list of every district tax, voted by any district meeting; containing the names of all the taxable inhabitants residing in the district, at the time of making out the list, and the amount of tax payable by each inhabitant, set opposite to his name; and to annex to such tax list, a warrant directed to the collector of the district, for the collection of the sumns in such list mentioned; to divide the public monies when received by them, when authorized by the tax into 4 May divide a vote of their district, into not exceeding four por- portions, and tions for each year; to assign and apply one of such assign one porportions to each quarter or term during which a school shall be kept in such district, for the payment of the teacher's wages, during such quarter or term. Sec. 15. Be it further enacted, That in making a The com'rs, in tax list the school commissioners shall be governed making out the school tax, by the commissioners books, or the books of the to be governed revenue officer taking a list or assessment of the tax- by the com'rs able property in such district; and the tax shall be books. assessed and laid upon the same property and no other than shall be subject to a revenue tax for the time being, nor shall any person be subject to taxation in any school district of which he is not an inhabitant. tion to each quarter to pay the teacher &c. Collector of commis'rs. pay Sec. 16. Be it further enacted, That it be the duty the district to of the collector of each district, to collect and collect and pay over to the public school commissioners of his the taxes to the district, or some of them, all moneys which he shall be required by warrant to collect, within the time limited in such warrant, for its return, and to take the receipt of such public school commissioners for Per centum alsuch payment; and he shall be allowed five cents lowed him. on every dollar so collected and paid over by him. Sec. 17. Be it further enacted, That every collec- Collector to tor of a school district shall, before receiving any security. give bond and warrant for the collection of moneys, execute a bond to the public school commissioners of his dis trict, when required by them, in their corporate name with one or more sureties, to be approved of by one or more of the public school commissioners, indouble the amount of moneys to be collected, con- Condition ditioned for the due and faithful execution of the thereof. 1830. Upon his failure to execute bond, com'rs may appoint a collector. The collector taxes and have Penalty on him for neglecting to collect &c. Or to pay over the money colschool com'rs. lected to the Appeals may be taken from the decisions of the district meetings or com'rs to the county court. The clerks of the county courts to transmit copies of duties of his office; and if any collector should not execute such bond in the time allowed him by the public school commissioners for that purpose, which shall not be less than ten days, his office shall be vacated; and the public school commissioners may appoint any other person residing in the district, as collector in his place. Sec. 18. Be it further enacted, That the collectors of each district, in case any inhabitant of his district shall not pay on demand the sum he may be bound to pay, according to the rate bill of the public school commissioners, shall proceed to collect the same, in the same manner as moneys are collected by constables, on executions issued by a justice of the peace, together with his fees, and to make return of such warrant within thirty days after the delivery thereof; and if, by the neglect of the collector, any moneys shall be lost to his district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall forfeit to his district the full amount of the moneys thus lost, and shall account for and pay over the same to the public school commissioners of his district, in the same manner as if they had been collected; and for the recovery of all forfeitures and of balances in the hands of a collector, which he shall have neglected to pay over, the public school commissioners of the district, may sue in their name of office, and shall be entitled to recover the same, with thirty per cent interest, and costs; and the moneys recovered shall be applied by them in the same manner as if paid without suit. Sec. 19. Be it further enacted, That any person conceiving himself aggrieved in consequence of any decision made or any act done by any school district meeting, by the public school commissioners of any district, or the refusal of such commissioners to do any act or perform any duty required by law, may appeal to the county court of the county, whose decision thereon, after hearing of the parties, shall be final. Sec. 20. Be it further enacted, That it shall be the duty of the clerk of the county court, between the first day of October and the first day of November, in every year, to make and transmit to the Secretary the annual re- of State, a report in writing, containing the whole number of districts in his county, distinguishing the ports of the districts from which the necessary reports have been made to him by the public school commissioners, and containing a certified copy of all such reports; and every clerk who shall refuse or neglect to inake such report within the period [so limited,] shall, for each offence, forfeit the sum of one hundred dollars, to the use of the literary fund of the State; and it shall be the duty of the Seeretary of State, to prosecute without delay, in his name of office, for such forfeiture, and to pay the moneys received into the Treasury of the State, to the credit of the literary fund; and further, it shall be the duty of each clerk of a county court, immediately after the first day of July in every year, in case the public school commisssoners in his county have neglected to make to him their annual report, to give notice of such neglect to the clerk of the district, who shall immediately assemble such commissioners for the purpose of making their report. Sec. 21. Be it further enacted, That the commissioners hereafter appointed to take in lists of taxable property, in addition to the present requisitions of the law in that case, also take in the number of children under the age of sixteen years and over that of five years, the same being the children or wards of the tithable inhabitants of the counties respectively, or orphans. 1830. com'rs to the sec. of state. failure to do so. Penalty for a To be sued for by the sec'y of state, and paid ry to the credit of the literary fund. into the treasu county clerk upon a failure of the com'rs annual reports. Duty of the to make their The com'rs of tax hereafter number of children between the ages of 5 and 16 years. to take in the com'rs may Sec. 22. Be it further enacted, That said commis- The school sioners shall have power to levy annually a poll tax levy and colon every white male inhabitant, over twenty-one lect a poll tax. years of age, in each district, not exceeding fifty cents. Widows, femes dians of infants sole, and guarresiding and owning proper Sec. 23. Be it further enacted, That any widow or feine sole, over twenty-one years of age, residing and owning property subject to taxation for school purposes, according to the provisions of this act, in any school district, shall have the right to vote in ty in a school district, perperson or by written proxy; and any infant residing mitted to vote and owning property, subject to taxation for school in person or by purposes, according to the provisions of this act, in proxy. any school district, shall have the right to vote by his or her guardian. District tax not to exceed Sec. 24. Be it further enacted, That the tax author- 6 1-4 cents in ized by this act, shall not exceed six and a fourth cents in the hundred dollars. Sec. 25. Be it further enacted, That the lands belonging to all banking corporations which are situ the $100. Lands belong ing to banking companies sub 1830. ject to the school tax. ated in this state, shall be subjected to the same rate of taxation as the lands belonging to individals; and the said corporations shall have the right of voting by their agent at all elections. Commissioners appointed to examine the Auditor's and Treasurer's offices, and to report to the next legisla ture. Duty of the CHAP. CCCLXXXVIII. AN ACT concerning the Auditor's and Treasurer's offices, and for other purposes. Approved, January 29, 1830. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Attorney General, Secretary of State and President of the Bank of the Commonwealth be, and they are hereby appointed commissioners, whose duty it shall be, at some convenient time before the session of the next Legislature, to make a full, careful and thorough examination of the office of Auditor of public accounts and the Treasurer's office, commencing on commissioners. the tenth day of February, one thousand eight hundred and twenty-nine, to examine all entries, accounts and vouchers; to compare the vouchers with the accounts; to investigate all claims and appropriations which have been audited, by an examination of the acts of the General Assembly, by the authorty of which the Auditor has acted; to the end that they may determine whether such claims and appropriations have been legally audited; and generally to examine the condition of said offices, the manner in which they are conducted, the labor and business which is annually required of and done by the officers and clerks of said offices; and all other facts which in their opinion may be necessary to communicate to the Legislature. The said commissioners shall, before they enter on the duties assigned them, make oath before any judge or justice of the peace of this commonwealth, that they will well and truly execute the duties required by this act. Their compen- They shall receive as a compensation for their services for each day they may be actually engaged in duty, two dollars each; which shall be paid out of any money in the treasury, not otherwise appropriated; but their claims shall not be audited till their services are fully performed, and till they shall make oath to the correctness of their claim for such ser To take an oath. sation. |