shall be in force after its holder shall permit a space of three years to lapse without following some educational pursuit, unless said certificate be endorsed by the acting state superintendent. Provided further, That graduates of colleges and universities of good standing, who have received a certificate of the first grade in this state and who shall have taught in any high school in the state with ability and success for at least three years, shall be entitled to a professional certificate without further examination.

3624. The branches required for a professional state certificate shall be the following, to-wit: Written arithmetic, United States history, reading and elocution, English grammar, common and physical geography with map drawings, physiology, algebra, natural philosophy, chemistry, composition and rhetoric, book-keeping, plane geometry, plane trigonometry, geology, zoology, botany, English literature, general history, intellectual philosophy, civil government, and school laws, and the theory and art of teaching.

Amended 1885, p. 327.

Secs. 3625 and 3626. "An act relating to the study of physiology and hygiene in the public schools, and examination therein of teachers' certificates." 1885, p. 332. In force June 5. 3625. Provisions shall be made by the proper school authorities for instructing the pupils in all schools supported by public money, or under state control, in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics upon the human system.

3626. No certificate shall be granted to any person to teach in the public schools of the state of Nebraska, after the first day of January, eighteen hundred and eighty-six, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics on the human system.

SUBDIVISION X.-TEACHERS' INSTITUTES.

3627. For the purpose of allowing teachers an opportunity to improve themselves in the art of teaching, two kinds of teachers' institutes shall be held in the state, viz.: normal institutes to be organized by the state superintendent, and county institutes to be organized by the county superintendents.

3628. Normal institutes shall be organized at such times and places as the state superintendent shall deem practicable. He shall fix the length of term, designate what counties shall be included, and provide competent instructors to conduct them.

3629. It shall be the duty of the county superintendents of the counties included in such district to attend such institute, at least one week, for the purpose of comparing notes with the state superintendent and other county superintendents on the methods of school work.

3630. For the purpose of defraying the expenses of these institutes there is hereby appropriated the entire institute fund of the county in which the institute is located; and the further sum of two dollars, to be paid out of the institute fund of any county from which any teachers go to attend said institute, for each teacher who attends from such county.

3631. To form a fund to defray the expense of institutes, each teacher examined for a certificate, or who has a certificate renewed or endorsed by the county superintendent, shall pay the sum of one dollar to the county superintendent, to which sum thus raised the county commissioners shall add each year that an institute is held in the county the sum of twenty-five dollars from the general fund of the county; and if they deem it desirable they may increase the amount to any

sum they desire, not to exceed one hundred dollars. The county superintendent shall make a quarterly statement, under oath, to the county commissioners, of all money received by him for the institute fund, and of all money disbursed by him from said fund.

Amended 1883, p. 295.

3632. All disbursements from the institute fund shall be upon the order of the county superintendent, and upon bills approved by him, which bills shall be filed in his office. *The county superintendent may at his discretion revoke the certificate or refuse to grant a certificate to any teacher who refuses to attend the county institute. Should graduates from the elementary course of the normal school refuse to attend the county institute, it shall be the duty of the county superintendent to report such refusal to the pricipal of the normal school, who may at his discretion revoke the certificate of such normal graduate for such refusal to attend. The county superintendent shall notify the directors when the institute will begin, and all common schools shall be closed during the continuance of the institute.

Amended and all after* added 1883, p. 296.

SUBDIVISION XI.-SCHOOL FUNDS.

3633. For the purpose of affording the advantages of free education to all the youth of this state, the state common school fund, in addition to the funds derived from the sale of school lands and interest thereon, and fines and forfeitures as provided by statutes and the constitution, shall be further increased by annual levy and assessment of not to exceed 11⁄2 mills upon the dollar valuation on the grand list of the taxable property of the state; and the amount so levied and assessed shall be collected in the same manner as other state taxes, and when collected shall be semi-annually distributed to the several counties of this state, in proportion to the enumeration of scholars, and be applied exclusively to the payment of teachers'

wages.

3634. The county treasurer shall collect, or cause to be collected, the fines and all moneys for school purpose in his county, and take all proper measures to secure to each district its full amount of school funds, and all county treasurers shall report to the state treasurer and state auditor semi-annually, on or before the third Monday in April and the first Monday in November, and at such other times as the auditor may require, a statement showing the whole amount of moneys collected on account of state, county, and district school tax, and from all other sources respectively, noting the interest separately, and the amount received on account of licenses and fines, and from all other sources from which school funds are derived, together with a statement showing the amount paid out, to whom, and on what account, and at the same time the county treasurer shall pay over to the state treasurer all funds and moneys, from whatever source derived, belonging to the general school fund in his hands, and make a settlement thereof with the state treasurer.

Treasurer may maintain action to recover fines and liquor license money belonging to the school fund. 5, 309; 9, 352 (2 N. W., 722). Treasurer of county proper party to institute actions to see that each district has its full amount of school funds. 9, 405 (2 N. W., 877).

3635. The state treasurer shall, semi-annually, on or before the third Monday in May and the first Monday in December, make a complete exhibit of all moneys belonging to the school fund of the state, as returned to him from the several counties, together with the amount derived from other sources, and deliver the same duly certified to the state superintendent; and within twenty days thereafter the state superintendent shall make the apportionment of said funds to such counties according to the pro rata enumeration of scholars in each county last

returned from the county superintendent, and certify the apportionment of each to the county superintendent of the proper county and to the state auditor, who shall draw a warrant on the state treasurer in favor of the various counties for the amount so specified by the state superintendent.

3636. The several county superintendents shall immediately and within twenty days after receiving such apportionments, and after adding thereto all moneys received by the county treasurer on account of fines and licenses, apportion the entire amount as follows, to-wit: One-fourth of the whole amount to be distributed equally to the several districts in the county, and the remaining three-fourths of the whole to be distributed to the several districts in his county pro rata, according to the enumeration of scholars last returned by the directors of the various districts, and no district, city, or village which shall have failed to sustain a school for the length of time required by section 14, subdivision II, of this chapter [3545], shall be entitled to receive a portion of the fund.

3637. When a new district is formed from other districts where during the preceding school year school has been kept open the term required by law, such new district will be held and deemed to have had school the lawful time, and apportionment shall be made to it accordingly.

3638. In making the "one-fourth" apportionment each fractional district shall receive one-half as much as a full district.

3639. The county superintendent shall immediately after making such apportionment enter the same in a book kept for that purpose, and shall furnish the county treasurer with a certified copy of such apportionment, and each of the directors in the respective districts in his county a certificate, showing the amount due such district, which amount shall be subject to the order of the director on the county treasurer, when properly countersigned by the moderator.

3640. County treasurers are not allowed to charge a per cent for receiving and disbursing the state school appropriation.

3641. School district treasurers are forbidden to lend or use any part of the school moneys which may be in their hands under penalty of fine and imprisonment, under the provisions of the statute regarding embezzlement.

3642. Hereafter before a school district treasurer shall be allowed to draw the state apportionment from the county treasurer he must present a certificate from the county superintendent setting forth that such district has had the legal number of months of school, has made the census report properly, and has made the proper financial report required by law.

SUBDIVISION XII.-SCHOOL HOUSE SITES.

3643. If the owner of any real estate on which a school board may desire to locate a school house refuses or neglects to grant the site on his or her premises, or if such owner cannot be found, the county superintendent shall appoint three disinterested persons, none of whom shall be residents of the district, whose duty it shall be, after taking an oath to faithfully discharge the duties imposed on them by this subdivision, to inspect such real estate and assess the damages which such owner shall sustain by the appropriation of his land for the use of said house and school, and make a report to said county superintendent, giving amount of land and damages, with exact location of land, and who shall file and preserve the same in his office. Each person acting as such appraiser shall receive the sum of two dollars per day for his services.

3644. The school board shall pay the cost of this appraisement, and after paying to the owner of the land the amount of damages assessed may enter upon

and occupy the land as long as the district desires to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner of the fee simple of the land from which it was taken on the payment by him of the amount originally paid for the land without interest.

3645. When land is thus taken without the consent of the owner, it shall not be more in amount than one acre, and all orchards, gardens, public parks, shall not be liable to be thus taken, nor shall land be taken within twenty rods of any residence.

3646. The owner of land thus taken may appeal to the district court, and such appeal shall be taken within 60 days and in the same manner and by the same proceedings as in cases of condemnation by a railroad company for right of way, but the school board shall not be liable for costs of appeal unless the court grant greater damages than the committee of appraisement gave.

3647. When it is desired to locate a school house site on school land belonging to the state, the state land commissioner is hereby authorized to sell to the district not less than one nor more than four acres, and give a deed to the district in fee simple in the name of the state as in other cases.

SUBDIVISION XIII.-THE STATE NORMAL SCHOOL.

3648. The state normal school shall be under the direction of a board of education, consisting of seven members, five of whom shall he appointed by the governor for a term of five years each, and the state treasurer and the state superintendent of public instruction shall by virtue of their office be members of said board; Provided, That the present appointed members of the board shall continue to hold their several offices till the limit of the time for which they were appointed. All vacancies occurring in the board shall be filled by appointment by the gov

ernor.

3649. The members of the board of education shall annually elect a president and a secretary from among their own number, and the state treasurer shall be treasurer of the board by virtue of his office.

3650. It shall be the duty of the secretary to keep an exact and detailed account of the doings of the board, and on the first day of January of each year he shall transmit to the governor a report of all expenditures made during the preceding years, vouchers for which shall be kept on file in the office of the secretary and open to the inspection of the governor, auditor, and members of the legislature.

3651. The said board shall have power to appoint a principal, assistant teachers, and such other employees as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, provided that the affirmative votes of four members of the board shall be necessary to remove a principal or an assistant during the time for which such persons were appointed.

3652. The board of education shall receive no compensation for their services, but shall be reimbursed actual expenses incurred in attending upon meetings of the board.

3653. The board shall hold each year two regular meetings, the last week of the spring term in June, and the last week of the winter term in December, and such special meetings as may be found necessary.

3654. The board shall adopt all needful rules and regulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, etc., belonging to the school.

3655. The principal shall be the chief executive officer of the school, and

shall be responsible to the board for the control and management of the same. All teachers and other subordinates in said school shall be under the direction of the principal, subject to the general regulations of the board.

3656. The board in their regulations, and the principal in his supervision and government of the school shall exercise a watchful guardianship over the morals of the pupils, but no religious or sectarian test shall be applied in the selection of teachers, and none shall be adopted in the school.

3657. Any student having completed the common school course shall be entitled to a certificate, good for two years, in any part of the state; any student completing the higher course of study in a satisfactory manner shall be entitled to a diploma, which diploma will entitle the holder to teach in any of the schools of the state without further examination for the space of three years. Any graduate of the higher course who shall after graduation teach two annual terms of school of not less than six months each, or their equivalent, and shall produce a certificate of good moral conduct, and satisfactory discharge of professional duties from the board or boards of directors of the district or districts in which the applicant taught, countersigned by the county superintendent of the proper county or counties, shall be entitled to receive an additional diploma, good for life; Provided, That any teacher producing satisfactory proof of three years' successful teaching previous to graduation in the higher course of study may receive, upon graduation, diploma, good for life; Provided, That no life diploma shall be in force after its holder shall permit a space of three years to elapse without following some educational pursuit, unless said diploma be endorsed by the acting state superintendent. *Provided, That each holder of a certificate from the common school course or a diploma from the higher course shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach; and for such registration he shall pay a fee of one dollar, which shall go into the institute fund of said county.

3658. All funds appropriated for the use and benefit of the normal school, together with the income arising from the lease and sale of the endowment lands belonging to said school, shall be under the direction and control of said board of education, subject to the provisions herein contained. The treasurer shall pay, out of the proper funds, all drafts for moneys to be expended under the provisions of this subdivision, such orders or drafts to be drawn by the auditor on certificates by the secretary, countersigned by the president of the board. No such certificates shall be given except upon accounts audited and allowed by the board in open meeting.

3659. All the lands remaining unsold of the twenty sections heretofore appropriated as an endowment fund for the state normal school, and all the endowment fund hitherto derived from the sale of such lands, shall be and the same is hereby confirmed as such endowment, to be forever used for this purpose.

3660. Students when entering the school for the first time, shall pay a matriculation fee of five dollars. The moneys thus received shall be paid into the hands of the state treasurer, and shall be held as a library fund, and the board of education shall from time to time appropriate the same for the purchase of books for the normal school library.

3661. All moneys received for the use of rooms in the dormitory shall be expended by the board in repairs of dormitory and the furniture of the same, whenever such repairs are needed.

3662. The exclusive purpose of this school is the training and instruction of persons, both male and female, in the arts of teaching and managing schools, and