vided by dis 18. SEC. XIX. That if, in making out an abstract When tract diof taxable property, as required by this act, the coun- trict line, how taxed, &c. ty auditor shall discover that any tract of land is divided by the boundary line between districts, he shall determine, from the best information within his reach, what proportion of the valuation of the tract so divided will lie in each district, and shall apportion the tax assessed on such tract, to and amongst the districts, according to the relative value thereof lying in each. district tax. 19. SEC. XX. That the district treasurer, to whom Collection of a tax duplicate shall have been delivered, shall, within the time prescribed for the payment of such tax, in manner aforesaid, personally demand the same of the several persons charged therewith, if they be found within his township; and if such tax be not paid before the expiration of the time so prescribed, such district treasurer may then collect the same, by distress and sale of personal property, in the same manner as county treasurers are authorized to do, in the collection of state and county taxes, and shall be allowed the same fees for his services, under the provisions of this section, as are allowed to county treasurers for similar services; and if the tax, so assessed on real property, shall remain unpaid for the space of three months after the expiration of the time prescribed as aforesaid for the payment thereof, and if sufficient personal property belonging to such persons as cannot be found within the township, whereof to make such tax by distress and sale, the district treasurer shall then report such delinquent or delinquents to the auditor of the county, and the auditor, on being satisfied of the correctness of the proceedings, shall, in making out the duplicate of state and county taxes next thereafter, enter such delinquent tax in a separate column of such duplicate, to be collected as other taxes; and, if the said delinquent taxes shall not exceed General duties of township clerk, and fees therefor. twenty dollars, the said auditor shall forthwith give to the district treasurer, a warrant or order on the county treasurer for the amount, which shall be paid by the treasurer out of any money in his hands, belonging to said county; and the said delinquent taxes, when collected, shall be for the use of such county; (a) but if the amount shall exceed twenty dollars, it shall, when so collected, be paid over to the proper township treasurer, for the use of such district. 20. SEC. XXI. That the township clerk of each township (b) shall be superintendent of common schools within his respective township, and shall perform the several duties hereinafter prescribed: He shall, between the first and twentieth days of October, eighteen hundred and thirty eight, and between the same days in the month of October, in every second year thereafter, take, or cause to be taken, a list or enumeration, in writing, of all the white youth in each district in his township, separately, between the ages of four and twenty (c) years, distinguishing between the number of males and females, (and omitting all married persons) and shall preserve the said enumeration with the papers of the township; (d) and shall, on or before the fifteenth day of November next succeeding, deposit with the auditor of the proper county, a fair and accurate copy of the said list or enumeration, as aforesaid, and the said township clerk shall be entitled to receive from the county treasury, compen (a) The part in italic, repealed; for which, see 46th section of this collection. (b) See supplementary provision, (53d section,) in cases where districts are composed of parts of two or more incorporated townships. (c) The enumeration must be of all between four and twenty one years, &c., not including those attending academies, &c. See 51st section of this collection. (d) All enumerations shall be made by district clerks, and returned to township clerks. See act of 1842, section 75, of this collection. Nore. The word second, in italic, is repealed by the third section of the act of 1842, (section 75, of this collection.) sation for taking such enumeration and conveying the same to the county seat, at the rate of not more than one dollar and fifty cents per day, for the time necessarily employed therein, to be determined by the township trustees, which shall be paid him after the trustees of his township, or any two of them, shall have examined his account, and certified that the same is correct; provided, that if said clerk shall, on any account, be unable to attend to the enumeration aforesaid, in person, he shall employ some faithful and competent person to attend to said duty, who shall be entitled to receive the compensation in manner and form, aforesaid; and if the said township clerk shall neglect or refuse to take said enumeration, or cause it to be taken and returned to the county auditor, in manner aforesaid, he shall forfeit and pay, for the use of the schools in his township, the sum of fifteen dollars, to be recovered before any justice of the peace, in the proper county, on complaint of any individual, in the name of the state of Ohio. 21. SEC. XXII. That if any school district, now Same subject. formed, shall be found to be partly situated in an original surveyed township, or fractional township, to which belongs any of section sixteen, or other lands in lieu thereof, for the use of schools, or any interest on the proceeds of such school lands, the said clerk shall, in taking the enumeration of youth therein, as required in the preceding section, enumerate separately those residing in that part of the district situated in such original surveyed township, or fractional township; and where any district comprises a part of two or more civil townships, and the trustees shall not so alter the same as to bound by the lines of the civil townships, the clerk of each township shall take the enumeration of such part of such district as is within his respective township. 2 Same subject. Same subject. i Same subject. 22. SEC. XXIII. That the said township superintendent shall fill all vacancies that occur during the year, in any board of directors, in any school district in his township; and on a failure to hold the annual election as aforesaid, in any district, or if a board be elected and shall refuse to serve, or if a new district is formed, he shall appoint three judicious persons, householders in said district, school directors, who shall hold their offices until the next annual election, and until their successors are elected and qualified, and shall perform the same duties, and possess the same powers as they would have done if regularly elected by the voters of the district, at the annual election as aforesaid. 23. SEC. XXIV. That the township superintendent shall, on or before the fifteenth day of November, annually, make out and deposit with the county aud-. itor of his proper county an abstract of all the district returns made to him as herein provided, showing the number of common schools in the township; the number of teachers, male and female, separately; the amount of wages paid each; the aggregate number of months a school may have been taught in each district; the number of pupils enroled in all the schools, male and female, separately, and the average daily attendance at school; the number of school houses built each year, and the cost of each; the value and quantity of any school land in, or belonging to, the township, and the annual rent of the same, and such other information as may be thought important for the interest of schools. 24. SEC. XXV That in any case where the district has failed to elect directors, or they being elected, have neglected or refused to qualify or discharge the duties of their office, and when the township superintendent may have appointed others to fill such vacancies, who have also neglected or refused to act, it shall be the duty of the township superintendent to proceed to said district, and take upon himself all the duties assigned to the board of directors; (a) and the township treasurer shall pay the teachers in such district their salaries, on the order of the said township superintendent, in the same manner as he is required to do on the order of the directors, where they act: and all taxes assessed, and expenses incurred, under the direction of said township clerk, in such nonelecting districts, shall be as valid and binding, to all intents and purposes, as if the said board of directors had transacted the business; and said township clerk shall be allowed such reasonable compensation for his services, under this section, as the trustees of the township think just, to be paid out of the funds of the said district. 25. SEC. XXVI. That the township superintendent Same subject. of common schools shall visit each common school in his township, at least once in each year, (b) and examine the journal or record of the teacher, and all other matters that he may deem important, touching the situation, discipline, mode of teaching, and improvement thereof; and he shall keep a journal of all such examinations, and of his observations thereon, which shall be open to all school officers in the district; and he shall make an estimate, as near as pos- Vote, &c., for sible, of the amount of money required in his town- tax. ship, in addition to what shall be furnished by the several provisions of this law, if there shall be a deficiency, to provide, at least, six months good schooling to all the white unmarried youth in the township, during the year ensuing, and shall cause public notice to be given, of the amount required, by posting the same in writing, on the door of every common school (a) Before doing so, he must execute a bond as district treasurer; for which, see 54th section. (b) Amended. See 60th section of this collection. district school |