CHAPTER XXXVI. EDUCATION.* INDEPENDENT SCHOOL DISTRICTS. SECTION. ORGANIZATION OF SCHOOL DISTRICTS. SECTION. 1-4. Districts to be corporations-public schools 94-97. Organization-meetings-notice-elections. defined-classification and numbering- 98-102. Board of education-organization-superpower to hold property-exemption from taxes. 5-11. Title to property-proceedings to acquire title to sites for school-houses-judgments -appeals-fees. 12. Formation, alteration and union of districts. MANAGEMENT OF DISTRICTS. 40-41. Examination of reports of clerks-pay of 49-51. intendent-pay of clerk and treasurerquorum-vacancies in board. 103-108. Duties of superintendent-of president and clerk-records, etc., to be evidenceduties of treasurer-meetings of board. Purchase and erection of school-houses, etc.-taxes therefor. 109-110. Powers and duties of board-length of school-taxes-reports-school examiners -levy and collection of taxes-general law applicable. ACTIONS BY OR AGAINST TRUSTEES. 135. 136. 137. Free tuition for state pupils-rates for others. 138-142. Local treasurers-expenses of members -warrants, how drawn-saving of vested rights-board not to exceed appropriations. 143. Repeal of former acts, saving rights. Appointment-term-oath-office-records 144-147. Standing appropriation for normal STATE SUPERINTENDENT. -salary and expenses-clerk. 52-55. Meetings with county superintendentsinstitutes and training schools. 56-57. Annual report-blanks, etc., to be fur nished. COUNTY SUPERINTENDENTS. 58-61. Election-term-vacancies-to deliver over records, etc.-salary and expenses-report of schools visited. schools. HIGHER EDUCATION. 148-155. High school board-state aid to high schools-visitation of high schools-applications for aid-amount to each schoolcompensation of board-rules and regulations-records and report. 62-69. Licensing teachers-institutes-report to state superintendent-examinations of teachers-use of school-houses-grades of 159-160. Lis's of books by clerks-forwarding lists certificates-record of examinations-inde An act to establish and maintain a system of public schools in the state of Minnesota. Approved February 28, 1877. (Laws 1877, c. 74.) ORGANIZATION OF SCHOOL-DISTRICTS. § 1. School-districts are corporations-public schools defined. Every common school-district in this state, now established, or which may be hereafter formed, set off or established, and every independent and special school-district now organized or created, or that may hereafter be organized or created under any law of this state, is hereby declared to be a body corporate, with power to contract or be contracted with, sue and be sued, in any court of this state having competent jurisdiction. Every common school-district shall be such body corporate under the name of school-district number in the county of Every independent school-district shall be such body corporate under the name which has been or may be adopted by such district; and every school-district organized under any special act of the legislature, by the name designated in its charter or act of incorporation. Every school-district shall be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year. All schools supported, wholly or in part, by state school funds, shall be styled the public schools, and admission to them shall be free and without charge to all persons between the ages of five and twenty-one years, residing in the district. (1877, c. 74, sub-ch. 1, § 1.) § 2. Classification of districts. School-districts shall be classified as follows: First-Common school-districts, including all districts not embraced in either of the two following classes. Second-Independent school-districts, including all districts now organized as such, or that may hereafter be organized under chapter seven of this act. Third-Special school-districts, including all districts now organized as such, or that may hereafter be organized wholly or in part under any special law of this state. (Id. § 2.) *§ 3. Districts to be numbered-plats to be kept by auditor. The numbers of districts now existing and numbered, in each county, shall be continued to such districts respectively; and such districts as may hereafter be formed shall be numbered in the several counties by the county auditors, who shall make and keep in the records of their offices a clear and well-defined plat or description of each school-district, and of such formations and alterations as may from time to time be made. (Id. § 3.) *§ 4. Power to hold property-exemption from taxes. Every district shall hold, in the corporate name of the district, the title of lands and other property now owned, or which may hereafter be acquired for school-district purposes in such districts; and no property held by school-districts for public-school purposes shall be subject to taxation. (Id. § 4.) *85. Duty of trustees when title in doubt. When the title to lands or other property, held for school purposes, is in doubt, or is vested in other parties than those prescribed in the preceding section, the trustees of the district, or board of education, shall procure the title to such lands or other property to be vested as provided therein. (Id. § 5.) 6. Proceedings to acquire sites for school-houses, etc. Whenever it shall become necessary for any common school-district, or any independent or special school-district in the state, to acquire for the use thereof a site for a school-house, or for any addition to any school-house site, the title to any real estate, whenever the same shall not be acquired by agreement with the owners thereof, may be acquired by any such school-district, in the manner hereinafter provided. (Id. §6.) *§ 7. Same-petition to district court-order thereon. The board of trustees of any such common school-district, or the president or other chief executive officer of any such independent or special school-district, may, on behalf of such district, present to the district court in and for the county where the lands proposed to be acquired are situate, or to the judge of said court, a petition describing the lands which it will be necessary to acquire, the names and residences of the owners thereof, if known to the petitioners, and also the names of all other parties, by the records of such county appearing to have any interest in or lien upon such lands; and thereupon such court or judge shall make an order, designating a time and place when and where commissioners will be appointed to appraise the value of such lands, and the damages which may accrue by the taking and use of the same. (1877, c. 74, sub-ch. 1, § 7.) *S 8. Service of copy of order-publication. A copy of such order shall be personally served upon the owner and other persons interested in such lands, if they be residents of this state, and their place of residence be known to the petitioners, which service shall be made at least twenty days before the time fixed for the appointment of such commissioners. Service upon minors or insane persons may be made by leaving a copy of such order with their guardian, or other person having such minor or insane person in charge. If such owner or other person interested, or any of them, be not residents of this state, or if the place of residence of such person be unknown to the petitioners, the service of such order shall be made by the publication thereof, once in each week for three successive weeks, in a newspaper published in the county where such lands are situate, or if there be none, then in a newspaper published at the capital of this state, the last of which publications shall be at least twenty days before the time fixed for the appointment of such commissioners. (Id. § 8.) *S 9. Appointment and oath of commissioners-notice of meeting-service. At the time and place named in such order, the court or judge, after satisfactory proof of the service of such order, and of the necessity of the taking and appropriating such lands, shall appoint three disinterested persons, residents of such county, as commissioners, who shall have power to appraise the value of all lands mentioned in such petition, and the damages for the taking and use of the same. Said commissioners, before entering upon the duties of their office, shall severally take and subscribe an oath that they will faithfully perform their duty as such commissioners, without partiality, and to the best of their knowledge and ability, which oath shall be filed in the office of the clerk of such court. Said commissioners shall give notice to all persons named in such petition of the time when they will meet upon the lands described in such petition, to appraise the value of the same, and the damages which may accrue by the taking and use thereof. Such notice shall be served in the same manner provided in section two of this act, except that the same shall be made at least five days before the time designated for such meeting. (Id. § 9.) *$ 10. Meeting of commissioners-proceedings-filing of report-appeals-judgment. At the time designated in such notice, the commissioners, or a majority of them, shall meet upon the lands described in the petition, and shall proceed to examine the same, and to hear the allegations and testimony of all persons interested and appearing, and shall, within ten days thereafter, make and file in the office of such clerk their appraisment and award of the value of such lands, and of the damage sustained by reason of the taking and use thereof: provided, first, either party may appeal from such appraisement and award, at any time within thirty days after filing the same, by filing with the clerk of said court a notice of appeal, signed by the party taking the same. In case of an appeal, the clerk shall enter such appeal as an action in said court, naming such school district as plaintiff, and the persons named in such petition as owners of and interested in such lands as defendants; and thereupon such appeal shall be tried as other causes in such court are tried, and a judgment rendered therein: provided, second, in case no appeal shall be taken, the clerk of such court shall enter judgment in favor of the owner of such lands, and against such district, for the amount of the award; and in case of an appeal, the clerk shall in like manner enter judgment for the amount of the verdict and costs, if any, and declaring that, upon payment of the amount of the verdict or assessment, and costs, as aforesaid, to the owner of such lands, or to the clerk of such district court, the title to the lands and real estate aforesaid, for the purposes aforesaid, shall, as against the owners of and parties interested in such lands and real estate, pass to and vest in such school-district, and be and remain therein; and such school-district shall have the right to have and occupy the said lands for the uses and purposes aforesaid. The petition, orders, oaths of commissioners. notices, proofs of service, award and verdict, if any, together with the final judgment, shall constitute the judgment roll: provided, third, in case no person other than the owner of such lands appears in such proceedings, the amount of such judgment shall be by the clerk of such court paid to such owner; in all other cases, the same shall be paid in such manner as the court or judge may direct. (1877, c. 74. sub-ch. 1, § 10.) *§ 11. Fees of commissioners. The fees of such commissioners, for all services rendered by them under this act, shall be the sum of three dollars each, which, with all other costs of such proceedings, shall be paid by such district. (Id. § 11.) *S 12. Formation, alteration and union of school-districts. The county commissioners of the several counties in this state may form new school-districts, alter the boundaries of districts, or unite districts, upon the petition of a majority of the freeholders who are legal voters, residing in each district to be affected thereby, and upon the written approval of the county superintendent endorsed upon such petition. (Id. § 12, as amended 1878, c. 48, § 1.) *§ 13. Women may vote at district meetings, etc. Any woman of the age of twenty-one years and upwards, belonging to either of the classes mentioned in section one of article seven of the constitution of the state of Minnesota, who shall have resided in the United States one year, and in this state for four months, next preceding any election held for the purpose of choosing any officer of schools, or any school-district meeting called to consider any measure relating to schools, shall be entitled to vote at such election or meeting, in the school-district of which she shall at the time have been for ten days a resident; and any woman so entitled to vote shall be eligible to hold any office pertaining solely to the management of public schools: provided, that it shall be the 'duty of all judges of election to permit any woman to vote at any election for the purpose of choosing any officer of schools, or any district-school meeting called to consider any measures relating to schools, if they are satisfied that she is otherwise a legal voter, without requiring her to register as now provided by law for male voters. (Id. § 13.) *§ 14. Separate ballot and box for women. Whenever the charter or act of incorporation of any city or village provides for the election of public-school officers within such city or village, at the same election at which other officers of such city or village are elected, the ballot offered by any woman entitled to vote under this act shall not contain the name of any person to be voted for at such election, except such officers of public schools; and all such ballots shall be deposited in a separate ballot-box, but canvassed with the other ballots cast for school officers at such election. (Id. § 14.) *§ 15. Change of district boundaries-petition, notice and service. Upon the presentation of any petition respecting changes in the boundaries of school-districts, the county commissioners shall appoint a time and place for a hearing upon it, and shall post notice thereof, setting forth the substance of the petition, and the time and place of such hearing, in some public place in each district to be affected by the proposed change, and cause to be served a copy thereof upon the clerk of each district to be affected, at least ten days before the time appointed for such hearing. (Id. § 15.) *§ 16. Same-hearing and order-district in more than one county-rehearing-settingoff of one petitioner-women, etc., may petition. At the time and place so appointed for such hearing, the commissioners, having publicly read the petition, shall proceed to consider the same, with anything which may be said by interested persons for or against granting the prayer of the petitioners. At the conclusion of such hearing, which may be adjourned from time to time, they shall cause to be entered upon the records of such board their decision, which shall be in the form of an order particularly describing the districts affected thereby, signed by the chairman, and attested by the auditor, who shall, if the action of the commissioners be affirmative, cause a copy thereof to be filed with, or addressed by mail to, the clerk of each district affected: provided, first, that when the territory of the district or the districts to be affected by such formation, alteration or consolidation, consists of parts of two or more counties, the petition shall be presented to the commissioners of such counties, who shail, by concurrent action, hear the petition in the manner directed; and such action shall be entered upon their records in the several counties, by the several county auditors, who shall file copies thereof with the clerks of districts affected thereby, in their respective counties, in the manner directed: provided, second, that if any five or more voters who are freeholders residing in the district, and who may feel aggrieved by the alteration or organization of their district, shall make a written application to the county commissioners for a rehearing of any matter in relation to school-districts upon which they have entered their order, said commissioners shall cause notice of a rehearing of such matter to be served upon the clerks of districts, and posted as provided in case of petitions; and at the time and place stated in such notice, they shall hear such grievance, and make such order in the premises as they may think justice requires: provided, third, that upon a petition of any legal voter to said commissioners, stating that it is the desire of the petitioner to be set off from the district in which he then is, to some district adjoining the same, which petition shall show that the petitioner is a resident of and a freeholder in the district from which he desires to be set off, and that his land is adjoining the district to which he wishes to become attached, and also the reason for the same, which petition shall be verified by the oath of the petitioner to the effect that the statements therein contained are true to the best of his knowledge and belief, the said commissioners, having given notice as provided in case of petitions signed by more than one person, may change the boundaries of the district in which said petitioner resides, so as to set him off to some other district adjoining the same, whenever it shall seem to them just and proper so to do: provided, fourth, that petitions and remonstrances respecting changes in the boundaries of school-districts may be signed by women entitled to vote in school-meetings of the district, and by persons actually resident in the district upon lands which they hold under preemption or homestead act, if such persons are voters, under the constitution, in the township containing the district in which they reside. (1877, c. 74, sub-ch. 1, § 16.) *§ 17. Area of districts-privileges of non-residents-nominal districts-restriction on change of boundaries. Any school-district hereafter organized or altered may contain the entire township in which it is situated, or a tract of land six miles square in different townships; and persons not residents of such district, and to whom the school in such district is easier of access than the school in any other district, may, upon application to the county commissioners of the county in which such district is located, be admitted to all the benefits of such school, upon such terms as the said commissioners may deem proper: provided, first, that nothing in this act shall be so construed as to authorize any person who may receive any of the benefits or privileges of this act, to vote at any schooldistrict meeting of the school-district within which he may receive such benefits or privileges, but of which he is not a member: provided, second, that in organized counties containing nominal school districts in which schools have not been held for two years, or territory not embraced in any school-district, the coun |