Same subject.

appropriate and expend in the support of such school or schools, all moneys belonging to their respective districts for that purpose; said directors shall determine how and when the funds shall be expended, and may apportion the same to such parts of the year as the convenience of the district may require; they shall manage and superintend the concerns of the schools within their district, and perform all such other lawful acts as may, from time to time, be required of them by any district meeting, or as may be necessary to carry into full effect the provisions of this act; provided, that in all cases, during the periods when the public money is applied for the support of the schools, said schools shall be free for all the white children in the district, under such regulations as may be adopted to secure to each an equal participation therein; provided further, that the school directors may, at their discretion, commute any tax assessed by the district under this act, for labor and materials, to be applied under their direction to the erection, completion, repairing, or furnishing of school houses in their district, or for providing fuel; provided further, that nothing in this act shall be so construed as to prevent any other language, in addition to the English, from being taught in the common schools, at the discretion of the di

rectors.

9. SEC. X. That said directors shall, at the annual district meeting, by their clerk, or some other person by them appointed, before the election of officers for the ensuing year, report, in writing, an account of their official proceedings for the preceding year, showing the amount of school funds apportioned to the district, and how it has been expended; how many schools have been taught; for what time, and the amount of salaries paid to teachers; the number of pupils in each school-the branches taught; the amount of money raised by district tax, for purchasing, building, repair

ing school houses, or any other purpose, with an account of all the disbursements; and shall also report such other information to the meeting as shall be thought useful; which report, or a copy thereof, shall be, by the clerk of the district, delivered to the township clerk within five days thereafter.

10. SEC. XI. That it shall be the duty of every teacher, hereafter employed to teach a common district school, to enter in a book, to be provided by the district clerk, the names of all the children attending school, their ages, the date when they commence, the length of time they continue, and keep a table showing the daily attendance; (a) which book shall, at all times, be open to the inspection of all persons interested, and be delivered over by the teacher to the district clerk, at the expiration of the term of the school; and the teacher shall, as often as once in three months, make an abstract of said record, showing the whole number of pupils enroled, and the average daily attendance, distinguishing the number of males and females, and deposit the same with the clerk of the district; and it shall be unlawful to pay any teacher more than two thirds the amount due for any term of tuition until said abstract shall be placed in the hands of the district clerk, as aforesaid.

Duties of

teachers.

treasurer of

and suits

11. SEC. XII. That the township treasurer, in each Township township, shall be treasurer of all the school funds of treasurer to be the township, arising from lands, fines, interest, taxes school fund; or state distributions, under the regulations hereinafter provided; and, on his election, before he shall enter upon the duties of his office, he shall give bond, with His bond, sufficient security, payable to the state of Ohio, to be approved by the township trustees of the respective township, for the faithful disbursement, according to law, of all such funds as shall from time to time come into his hands; and, on the forfeiture of said bond, it (a) Modified by 50th section of this collection.

thereon;

-How he shall apportion and

funds.

shall be the duty of the township clerk to prosecute and collect the same for the use of the township.

12. SEC. XIII.

That all money arising from ground

pay out school rents for school purposes, shall be paid over to the treasurer of the civil township, and he shall apportion the same, with all fines and other school funds in his hands, (except what he shall receive from the county treasury, which shall be paid out according to the apportionment of the auditor,) among the several districts, in the same proportion that the apportionment shall be made by the county auditor; and he shall pay out the money belonging to each district, to the teacher or teachers thereof, upon the order of the directors, or any two of them, the district clerk being one of the two; (a) provided, that he shall in no case pay money to any teacher, who shall not, at the time of presenting his order therefor, present a certificate of qualifi cation and moral character, as provided in the twenty eighth section of this act; which certificate shall have been issued, and bear date, previous to the commencement of the term for which he claims pay.

Teacher to present him cer

tificate of mor

al character.

Funds appor tioned to new districts.

Settlement of

13. SEC. XIV. That any alteration or new district, hereafter formed out of one or more original district or districts, shall be entitled to a proportionate share of all moneys due, or paid into the township or county treasury, for the use of said original district or districts, to be divided with, and paid over to, said new district, in proportion to the number of white youth in said detached part or new district, except so much as may have been raised for repairs, fuel, furniture, or for the erection of a school house, if such school house be retained in the original district.

14. SEC. XV. That the township treasurer shall, township treas annually, in the month of December, settle with the county auditor, and account to him for all the moneys

urer;

(a) The words in italic repealed. Any two directors a quorum to do business. See act of 1842, section 91 of this collection.

received for school purposes, and shall furnish him with a statement, in writing, showing the several amounts received, from whom, and on what account, and the amount paid for each district. And the auditor shall examine the vouchers for such payments, with the certificates of teachers, and, as far as he is satisfied with the correctness thereof, shall certify the same, which certificate shall be, prima facie, a discharge of such treasurer; and, at the expiration of his term of service, said treasurer shall deliver over to his successor in office, all books, papers, records, and other documents belonging to his said office, with all moneys, and property of every description in his hands, belonging to said township, or any district therein, and take the receipt of his successor therefor, and deposit the same with the township clerk, within ten days thereafter.

To deliver to his successor all books, &c.

counts, books, &c., of district

treasurer.

15. SEC. XVI. That all moneys that shall come Payments, acinto the hands of any district treasurer, belonging to his district, shall be by him paid over, on the written order of the directors, or any two of them, the district clerk being one of the two, of such district, and not otherwise; and all such orders received and paid by the treasurer shall be by him carefully filed and preserved; and he shall keep a separate book of his accounts as treasurer, in which he shall enter an account of all receipts and disbursements on account of his district; and, at the expiration of his term of service, shall deliver to his successor in office all books, papers and moneys in his hands, belonging to the district, for which he shall procure his receipt, and deposit the same with the township clerk within ten days thereafter.

trict tax.

16. SEC. XVII. That whenever the directors of any Tax list of dis district shall determine on levying a tax, not exceeding twenty dollars in any one year, for repairing and furnishing any school house, or whenever any annual

Sale of school house and lot.

or special meeting shall decide that such tax shall be levied as aforesaid, the clerk of the district shall apply to the county auditor, who, upon being furnished with the names of all persons liable to taxation within such school district, shall furnish such directors with an abstract of all the property within said district, (not including the property of black and mulatto persons,) and the said directors shall levy upon such property the amount of tax so agreed on by the meeting, or by the directors, under the restriction aforesaid; provided, that if the said directors request it, the auditor shall assess such sum or sums as shall be ordered by any district meeting, or by the directors, under the restrictions aforesaid, upon the property in said district, and cause it to be collected as other taxes are collected, and paid over to the township treasurer for the use of the proper district: and, provided further, that no treasurer or other county officer shall be allowed fees for collecting and paying over any tuition or building tax, as provided for in this act, except so much as is collected under the second section. (a)

17. SEC. XVIII. That whenever, by reason of a division of districts, any school house or lot shall be so situated as not to accommodate any district, or sub-districts, the directors of the district, where the same is located, shall cause the same to be sold to the highest bidder, after giving notice of the time and place of sale, at least thirty days, which notice shall be posted up in at least three public places in said district; and the directors shall cause the avails of such sale to be apportioned among the districts composing the original district, in proportion to the population in each; provided, that no such sale shall take place until a site for another school house, within such district, shall have been secured.

(a) That part of this section which is in italic, repealed; for which, see 47th section of this collection.