sessed on all the property in the district; and the directors, in expending the same, shall provide from the common fund for all the sub-districts; provided, that in assessing taxes for building school houses, such equitable assessment shall be made, as to require property not heretofore taxed for this purpose, to be assessed first, at a rate equal to that which has been paid by property already taxed for such buildings, before a general assessment shall be made on the whole taxable property therein. 36. SEC. XXXVII. That in all districts consisting of Same subject. incorporated towns, cities or boroughs, and such portions of other territory as may be added thereto, where the school funds furnished by this act shall be deemed insufficient, and the township shall have refused to assess additional school tax, the directors may estimate the amount of tuition fund that in their opinion will be required to keep a sufficient number of common schools, for such a period as they think the interest of the people requires, not less than six months, for all that desire to attend such common schools, and, thereupon, they shall cause notice to be given, and the vote to be taken, at such time as they shall prescribe, in the same manner as is hereinbefore provided; and after counting the votes given, such tax shall or shall not be assessed, according to said vote, in the same manner as is pointed out by the twenty fifth section of this act, for the assessing and collecting school money in townships; and such districts shall have, in all respects, the same power to build, purchase, repair or furnish school houses or lots, and assess taxes therefor, and do all other acts that other school districts can lawfully do;. and the directors shall appoint a district treasurer, who shall give bond and security, and be governed in all respects by this law regulating the duty of other district treasurers. Powers and duties of state su SEC. XXXVIII. (a) 37. SEC. XL. That it shall be the duty of said perintendent. superintendent to collect all such information as may be deemed important in reference to the common schools in each township, city or borough in this state, and especially the number of children, the number and quality of schools, the qualifications of teachers, time schools are severally taught in each district, the number of scholars in attendance, the amount paid for tuition in common schools, and the sources from whence the different items of school funds are derived; also, to collect information of the number of school houses, the amount expended from year to year in erecting school houses, and all other matters in reference to the operation and effects of the common school system, and report to the legislature in the month of January, annually, all the information by him collected, and suggest such improvements, from time to time, as he may think the interests of the state require. Same subject. Same subject. 38. SEC. XLI. That it shall be his duty to ascertain and report the condition and value of all the school lands in the state, with the amount of the different school funds due to each township, from lands or interest. 39. SEC. XLII. That it shall be his duty to ascertain what lands are due the different townships in this state, under the act of congress, passed May 20, Story's L U.S. 1826, entitled "an act to appropriate lands for the support of schools in certain townships and fractional townships, not before provided for," and any other act or acts which may be passed, and take proper measures to secure an immediate location of such 2032. (a) Repealed, by 67th section of this collection. (b) Superseded by 67th and 68th sections. It provided for the appointment and salary, &c., of the superintendent. lands, and all others that the state, or any portion of the state, may be entitled to; and, to this end, he shall be authorized to make such arrangements with the officers of the general government, as the interest of the several townships requires. That to enable said superintendent to procure the information aforesaid, it shall be his duty to address circulars to such officers as can with the least trouble furnish the same; and it shall be the duty of the county auditors, township clerks, and different school officers, to furnish such information as may be required. 40. SEC. XLIII. That he shall furnish to the dif- Same subject. ferent school officers forms for keeping their accounts and proceedings, and making returns, which shall be distributed by the township clerks to the different district clerks, in their respective townships; and he shall also furnish forms for the teachers to observe in keeping their journals or register; and, on the 15th day of December, annually, deliver to the auditor of state an accurate enumeration, taken from the returns See 51st sec. so to be made to him, as aforesaid, of all the white children between the age of four and twenty years, showing the number in each county entitled to receive portions of the different school funds; and the state auditor shall make the apportionment of the different school funds, on the basis of the enumeration so returned to him by said superintendent; and that it shall be the duty of said superintendent to take an account of all funds and property given in any way for the support of education, except chartered colleges, and report the condition of the same, annually, to the legislature; and, for this purpose, he is authorized to examine books and papers of any trustee or trustees of such property, and where, in his opinion, waste is committed, or about to be committed, either by misuser or nonuser, he may report the same to the prosecuting attorney of the county; Trusts, &c., poses, how enforced, &c. and such prosecuting attorney is hereby required to for school pur- cause the proper investigation in the premises by bill in chancery, filed in the court of common pleas or supreme court, in the name of the state of Ohio, against such trustee or trustees, or other persons guilty of misuser or nonuser; and such proceedings shall be had by injunction, decree or otherwise, as shall prevent misuser of such property, and carry into effect, as near as may be, the object of the trust. And it shall be the duty of all persons who have received, or shall receive, property for the purposes of education, other than incorporated colleges, to report the same to the said superintendent, and, annually, thereafter, to report the receipts and disbursements on account thereof; that the said superintendent shall have furnished, at the expense of the state, a suitable room for an office, and all such books and stationery as may be required for the business of his department, and shall be allowed to employ a clerk, when the business of his office requires it. Suits by and against districts. SEC. XLIV. (a) 41. SEC. XLV. That all suits, brought in behalf of any school district, shall be brought in the name of the state of Ohio, for the use of such district; and when any suit in behalf of, or against any district, shall be entered in the court of common pleas or supreme court of any county in this state, whether an original suit, or entered by way of appeal, or certiorari, the posecuting attorney of such county shall attend to the prosecution or defence thereof, in behalf of such district, as a part of his official duties; and in all suits against any district, leaving an attested copy of the process with the district clerk, shall be considered as sufficient service thereof. In all cases in which a district is interested, it shall be the duty (a) Temporary. It directed the publication of the "Ohio Common School Director," for one year. of the court, which renders judgment, to determine whether the district shall pay the whole or any part of the costs of such suit, and to render judgment accordingly. 34 v. Stat.. 19. 42. SEC. XLVI. That the act to provide for the Acts repealed: support and better regulation of common schools, passed March 12, 1836, and the act to create the office of superintendent of common schools, and to prescribe the duties of such officer, and all other acts or parts of acts, coming within the purview of this act, be and the same are hereby repealed; provided, Saving, &c. that the acts done, obligations incurred, and rights acquired, under the provisions of any former law, shall remain, and be in no wise altered or affected by this act. 43. SEC. XLVII. This act to take effect and be in When preceding act took efforce from and after the first day of April next: pro- fect, &c. vided, that all district officers now in office, under the law of March 12, 1836, shall continue to discharge the duties of their said offices until the third Friday of September next. An act to amend an act entitled "An act for the support and better regulation of common schools, and to create permanently the office of superintendent." [Passed March 16, 1839. Took effect, April 1, 1839. Col. Stat.. 840.] missioners may 44. SEC. I. Be it enacted by the General Assembly County comof the State of Ohio, That the county commissioners reduce school of any county, at their discretion, may reduce the tax,&c. school tax to be levied and collected in their respective counties, as provided for in the second section of the law to which this is an amendment, to any sum Ante. p. 3. not less than one mill on the dollar; and in all cases where any county commissioners shall order such reduction of school tax on or before the first Monday of June, the county auditor, in making out his duplicate for that year, shall be governed thereby. |