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Section 4. Supervision of all matters pertaining to instruction, in all the schools under the Board of Public Education, shall be vested in a superintendent of schools and such number of associate superintendents Superintendent of as may be deemed necessary. The superintendent schools. shall have a seat in the Board, and the right to speak on all matters before the Board, but not to vote. Dis- District superintrict superintendents may be appointed by the Board tendents, of Public Education, on the nomination of the superintendent. They shall receive such compensation as the Board of Public Education shall determine. They shall be under the supervision and direction of the superintendent of schools, and shall be assigned by him to administrative districts. They shall inquire into and supervise all matters relating to the government, courses of study, methods of teaching, discipline, and conduct of all the schools in their respective districts, and shall report the same, when required, to the superintendent of schools and to the sectional school-boards of their respective districts. The district superintendent of a district shall have a seat in each sectional school-board of his district, and the right to speak, but not to vote, nor shall he hold office in said boards.

Section 5. The Board of Public Education of each school-district of the first class shall prescribe the mode or modes of determining the qualifications of ap- Qualifications of plicants for positions as teachers in the schools of the district; and shall designate the kinds or grades of licenses or certificates of qualification to teach which may or shall be used in the district, together with the scholastic and professional qualifications required for each kind or grade of license or certificate.

No license or certificate shall be granted to any per- License or cerson who is not of good moral character, nor to any person who shall not first have presented a certificate, from a physician recognized by the Board as competent for the purpose, setting forth that said applicant is neither mentally nor physically disqualified by any chronic or acute physical defect from successfully perfoming the duties of a teacher. Eligible lists, prop- Eligible lists, erly classified, containing the names of persons who have received licenses or certificates of qualification to teach, and arranged as nearly as possible in the order of rank in standing, shall be kept in the office of the superintendent of schools, and shall be open to inspection by members of the Board of Public Education, associate and district superintendents, and sectional school-boards. Except as superintendent of schools, associate superintendent, district superintendent, or director of a special branch, or as principal or teacher in a training-school, normal school, high school, school or manual-training school, or in the case

applicants

tificate.

Appointments.

Proviso.

Teachers' retirement fund.

Superintendent of buildings.

Deputies.

of promotion or transfer from any position to another or higher position, no person shall be appointed to any educational position whose name does not appear among the three bighest names upon the proper eligible list: Provided, That no teacher now in position in any city of the first class shall be displaced by the provisions of this section.

Section 6. A teachers' retirement fund may be created by the Board of Public Education, and shall be by them administered. The said fund shall consist of all funds available for like purposes at the time of the enactment of this law, together with such additions thereto as the Board may from time to time prescribe, and such moneys as may be donated or bequeathed for such purposes. Any teacher, principal or supervising official retired by the Board of Public education shall receive, from the said fund, such annuity as the Board of Public Education may prescribe.

Section 7. A superintendent of buildings shall be appointed by the Board of Public Education, as herein before provided, and shall give such security for the faithful performance of the duties of his office as the Board of Public Education shall prescribe. He shall be an engineer or architect, of good standing in his profession, and shall be responsible for the condition and care of all school buildings and premises. He may appoint such deputies and other assistants as shall be authorized by the Board of Public Education. All plans for new school construction, additions or repairs shall be approved by the superintendent of buildings and the superintendent of schools before submission to the Board of Education for approval and passage. Janitors for buildings devoted to elementary education shall be appointed by the sectional schoolboards. Janitors for school buildings other than those devoted to elementary education, provided by the regular graded course of study, shall be appointed by the Board of Public Education. Said janitors shall receive such compensation as the Board of Public Education may determine, and shall discharge their duties under the direction and to the satisfaction of the superintendent of buildings. They shall hold their positions at the pleasure of the Board of Education: Provided, however, That janitors now employed in schools within the limits of said cities of the first class shall not, save for cause, be displaced by the provisions of this section.

Section 8. A superintendent of supplies shall be appointed by the Board of Public Education, as hereinbefore provided, and shall give such security for the faithful performance of the duties of his oflice as the Board of Public Education shall prescribe. He shall purchase and shall have the care and distribution of

Janitors.

Superintendent of supplies.

school purposes.

all supplies needed for the schools, under such regula-
tions as the Board of Public Education shall prescribe.
He may appoint such assistants as shall be authorized Assistants.
by the Board.

Section 9. Councils of said city of the first class Appropriation for shall annually appropriate a sum for school purposes, which shall be not less than five (5) mills on each dollar of the total assessment of real property of said school-district, upon which the tax rate for the suc

! ceeding year is fixed. All the moneys raised shall be appropriated by the councils to and for such purposes as to them shall seem best, and said moneys shall not be expended by said Board for any other purposes, nor Expenditures. for any one purpose, in a greater amount than shall be authorized by councils; and no moneys shall be drawn from the city treasury except by due process of law, or upon warrants on the treasurer through duly authorized officers of the Board of Public Education, and countersigned by the city controller, which shall state the particular item to which the same is charge. able. The Board shall have complete power to administer all money or moneys appropriated or available for its use, as hereinbefore provided, and to enter into and execute contracts, and for these purposes shall possess the powers and privileges of a corpora- The Board to be tion of the first class. The title to all property now held or that may hereafter be acquired for school or educational purposes, in the said school district of the first class, shall be vested in said city of the first class; Titles. but all such property shall be under the exclusive care and control of the Board of Public Education.

Section 10. The Board of Public Education in each school-district of the first class shall succeed to, and shall have and possess, all the powers, rights and Powers, rights, privileges, not inconsistent with this act, which the present existing Board of Public Education in its re. spective district now lawfully has. Until the Board of Public Education herein provided shall organize under the provisions of this act, the existing laws relating to the school-district of the first class shall be in full force and effect.

Section 11. All acts or portions of acts now in force Repeal. so far as they are inconsistent herewith are hereby repealed.

APPR VED—The 22d day of April, A. D. 1905.

a corporation.

SAML. W. PENNYPACKER.

No. 187.

AN ACT

To classify the school-districts of the Commonwealth of Penn

sylvania.

School-districts.

Classification of

First class.

Second class.

Section 1. Be it enacted, &c., That the school-districts of the Commonwealth of Pennsylvania shall be and are hereby divided into four classes, as follows, namely:

Every city of the first class shall constitute a separate school district, which shall be known and des. ignated as a school district of the first class.

Every city of the second class shall constitute a separate school-district, which shall be known and designated as a school-district of the second class.

Every city of the third class shall constitute a separate school-district, which shall be known and des. ignated as a school-district of the third class; and

Every other school district, as such school district now exists or shall hereafter be created, shall constitute a school-district of the fourth class. APPROVED—The 22nd day of April, A. D. 1905.

SAML. W. PENNYPACKER.

Third class.

Fourth class.

No. 188.

AN ACT

To classify the species of fish in such parts of boundary lakes, of more than five thousand acres, as this Commonwealth has jurisdiction over, and in waters on any peninsula or in any bay adjacent to or connected with such lakes; to declare which fish are game fish, which fish are food fish, minor food fish, and minnows, or bait fish; to protect and provide for the maintenance and increase of fish in such lakes; to regulate and provide for the payment of license fees for the catching of fish from such boundary lakes; and to provide penalties and punishments for any violation of any of the provisions of this act, and to repeal all acts inconsistent herewitn.

Boundary lakes, etc.

Waters on peninsula or in bay adjacent thereto.

Section 1. Be it enacted, &c., That in such part or parts of lakes, of more than five thousand acres, lying between this and any other States or foreign country, as this Commonwealth has jurisdiction over, and in any water on any peninsula or in any bay adjacent to or connected with such lake, the following named species of fish are hereby made specifically within the provisions of this act, to wit: all species or varieties of black or yellow bass, rock bass, calico bass or straw. berry bass, crappie, muscallogne and grass pike, which for the purposes of this act are hereby classified, and hereinafter designated, as game fish; and white fish, cisco or lake herring, yellow perch, blue pike, wall:

Game fish.

eyed pike, pike-perch, sand pike, lake trout and sturgeon, whieh for the purposes of this act are herein. after designated as food fish. All other species of food fish. fish, not described above, shall hereafter be known, for the purposes of this act, as minor food fish, except. Minor food fish ing minnows and killifishes, which shall hereafter, for the purposes of this act, be designated as minnows or Bait fish. bait-fish.

Section 2. That it shall be unlawful to fish for or capture any game-fish in any waters, within the jurisdiction of this Commonwealth, described in the first section of this act, in any manner or with any device Legal devices and

appliances. or appliance, or by any means whatsoever, except a rod and line having not more than three hooks, or with a hand-line having not more than three hooks, or with a trolling-line with spoon-hooks attached; or, for food fish or minor food fish, with any device not specitically permitted in this act. Any person violating Fine and penalty. any provision of this section shall, on conviction thereof, be subject to a penalty of twenty-five dollars, or, in default of payment, undergo an imprisonment in the county jail for a period of one day for each dollar of fine unpaid, except where otherwise provided; and any device, appliances, or boats used in violating any of the provisions of this section shall be forfeited to Forfeiture. the Department of Fisheries.

Section 3. That it shall be unlawful to fish for any kind of fish, in any bay or in any waters on any peninsula described in the first section of this act, with nets Nets and other or devices, or means of any kind, except a rod and line having not more than three hooks, or with a handline having not more than three hooks attached, or with a trolling line with spoon-hooks attached, at any time in the year: Provided, That nothing in this sec. Proviso. tion shall be so construed as to prohibit the use of minnow-nets for angling or scientific purposes, or to Scientific and prohibit the Department of Fisheries from catching poses fish, at any time of the year, with nets, for the purpose of stocking other waters, or for taking spawn, or from removing, by means of nets, by contract or otherwise, any fish which it may deem injurious to other game or food fishes. Any person violating any of the provisions of this section shall, on conviction, be subject to a penalty of twenty-five dollars, or, in default rine and penalty. of payment, be imprisoned in the county jail for a period of thirty days; and all nets, devices, appliances or boats used in violating any of the provisions of this section shall be forfeited to the Department of Fisheries.

Section 4. That it shall be unlawful to catch and Length of fish kill in any waters, within the jurisdiction of this legally caught. Commonwealth, described in the first section of this act, or have in possession, either alive or dead, any

18 Laws.

devices.

Forfeiture.

be

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