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Formation of new districtss. 6 Neb., 545

AN ACT to amend section four (4) subdivision one (1), sections four (4), thirteen (13), and fourteen (14) subdivision two (2), section ten (10) subdivision three (3), sections four (4), eleven (11), sixteen (16), and seventeen (17) subdivision four (4), sections three (3), four (4), and twelve (12) subdivision five (5), sections one (1), two (2), and three (3) subdivision seven (7), sections five (5) and six (6) subdivision ten (10), and sections one (1), three (3), eight (8), twelve (12), thirteen (13), fifteen (15), eighteen (18), twentyfour (24), and twenty-six (26) of subdivision fourteen (14), of an act entitled, "An act to establish a system of public instruction for the State of Nebraska," approved March 1st, 1881, being chapter 79 of the Compiled Statutes of 1881.

Be it enacted by the Legislature of the State of Nebraska :

SECTION 1. That section four subdivision one, be amended to read as follows:

SEC. 4. New districts may be formed from other organized districts under the following conditions only: First. The county superintendent shall have discretionary power to change the boundary of any school district, or to form a new district from one or more districts, on a petition signed by a majority of the legal voters in each district affected. Second. The county superintendent shall not refuse to change the boundary lines of any district, or to organize a new district, when he shall be asked to do so by a petition from each district affected, signed by two-thirds of all the legal voters in such district; Provided, That a notice of said petition, containing an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, has been posted in three public places (one of which places shall be on the outer door of the school house, if there be one) in each district affected, at least ten days prior to the time of presenting the petition to the county superintend

ent; Provided further, That changes affecting cities shall be made upon the petition of the board of education in behalf of the district under the control of said board of education. Third. No new district shall be formed between the first Tuesday of April and the first day of August. Fourth. When two districts are made from one there must be two petitions, one from each part into which the district is divided. Fifth. No new district shall be formed containing less than four sections of land, nor shall any district be reduced by division or otherwise, so as to contain less than that amount, unless the district so formed or the part of a district remaining after division, shall have an assessed valuation of property of not less than twelve thousand dollars, and shall have not less than fifteen children of school age; Provided, That when streams and water courses make it impracticable to form districts containing six sections, then the county superintendent may form districts with less than six sections without regard to valuation or school population. Sixth. A list or lists of all the legal voters in each district affected, made under the oath of a resident of each district affected, together with an oath of a resident of each district, that the legal notice provided in the second clause of this section has been properly posted, shall be given to the county superintendent when the petition is presented. Seventh. Fractional districts that were originally formed without petition may be placed back into the district from which the parts were taken, upon the agreement of the county superintendents of both counties in which such parts are situated.

SEC. 2. That section four subdivision two, be amended to read as follows:

SEC. 4. Every person, male or female, who has resided in the district forty days and is twenty-one years old, and who owns real property in the district, or personal property that was assessed in his or her name at the last annual as

Voters, qualifications.

Taxes, how expended.

Time school taught.

sessment; or who has children of school age residing in the district, shall be entitled to vote at any district meeting.

SEC. 3. That sections 13 and 14 subdivision 2, chapter 79, Compiled Statutes, be amended to read as follows: SEC. 13. The tax levied and collected, as provided by the preceding section, shall be expended under the direction of the district made at the annual meeting, or in the absence of such direction, then such tax shall be expended as the district board of the district may direct. Money remaining in the treasury after the purpose for which it was raised has been accomplished, and after all debts for which the fund is liable have been discharged, may be transferred to any other fund of the district at any regularly called meeting.

SEC. 14. They may also determine at each annual meeting the length of time a school shall be taught in the district the ensuing year, which, to entitle the district to any portion of the state fund, shall not be less than three months by a legally qualified teacher in the districts which have less than thirty-five pupils, nor less than six months in districts that have between thirty-five and one hundred pupils, nor less than nine months in districts where there are more than one hundred pupils; and whether the money apportioned or voted for the support of the school therein shall be applied to the winter or summer term or a certain Epidemie sick- portion to each. Provided, That in case of epidemic sickness prevailing to such an extent that the school board in any district may deem it expedient to close any or all schools within their district, or if on account of the destruction of the school house, it shall be impossible to continue the school, such closing of schools shall not prevent any district from drawing its proper share of the state apportionment. Such sickness, or destruction of school house, shall be sworn to by the district board, which oath shall be filed


with the county superintendent within ten days after the annual school meeting.

SEC. 5. That section 10 subdivision 3, chapter 79, Compiled Statutes, be amended to read as follows:

an officer.

SEC. 10. No person holding a school district office shall Teacher, when be employed to teach in the district of which he is an officer unless upon a petition signed by two-thirds of the legal voters of the district, which petition shall be filed with the papers of the district. The contract of such officer shall be made by the other members of the district board.

SEC. 6. That sections 4, 11, 16, and 17 subdivision 4, chapter 79, Compiled Statutes, be amended to read as follows:


SEC. 4. The treasurer of each district shall, within ten Bond of days after the election, execute to the county and file with the director a bond of not less than five hundred dollars in any instance, nor less than double the amount of money, as near as can be ascertained, to come into his hands as treasurer and at any one time, with sufficient sureties to be approved by the director and moderator, conditioned for the faithful discharge of the duties of his office; such bond when approved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond his office shall be declared vacant by the district board and the board shall immediately appoint a treasurer, who shall be subject to the same conditions and possess the same powers as if elected to that office.

Hire teachers.

SEC. 7. That section 11 be amended to read as follows: 1 Neb., 176.

6 Neb., 173.

SEC. 11. The director, with the consent and advice of 9 Neb., 56. the moderator and treasurer, or one of them, or under their direction, if he shall not concur, shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing, and shall have the consent of the moderator and treasurer, or one of them, en

Orders on treasurer. 4 Neb.,


dorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate shall be filed in his office; Provided, That if the director shall refuse to make and sign such contract, when directed to do so by the moderator and treasurer, then it may be made and signed by the moderator and treasurer. The director shall notify the county superintendent at the time the contract is made of the length of the proposed term of school, when the school will begin, and of the name of the teacher. And no money belonging to the district shall be paid for teaching to any but legally qualified teachers.

SEC. 8. That section 16 be amended to read as follows:

SEC. 16. He shall draw and sign all orders upon the treasurer for all money to be disbursed by the district, and all warrants upon the county treasurer for money raised for district purposes, or apportioned to the district by the county superintendent, and present the same to the moderator, to be countersigned by him, and no warrant shall be issued until so countersigned. No warrant shall be countersigned by the moderator until the amount for which the warrant is drawn is written upon its face. The moderator shall keep a record in a book furnished by the district, of the amount, date, purpose for which drawn, and name of person to whom issued, of each warrant countersigned by him.

SEC. 9. Section 17 be amended to read as follows: Annual report. SEC. 17. The director shall, within ten days after the annual district meeting, deliver to the county superintendent, to be filed in his office, a report under oath, showing: First. The whole number of children belonging to the district between the ages of five and twenty-one years according to the census taken aforesaid; and any district board neglecting to take the enumeration and make return of the shall be liable to said district for all school moneys which such district may lose by such neglect. Second.


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