allowed to charge a per cent. for receiving and disbursing the state school appropriation.

SEC. 9. [Misuse of funds.]-School district treasurers are forbidden to lend or use any part of the school moneys which may be in their hands under penalty of fine and imprisonment, under the provisions of the statute regarding embezzlement.

SEC. 10. [Apportionment, when drawn.]-Hereafter before a school district treasurer shall be allowed to draw the state apportionment from the county treasurer he must present a certificate from the county superintendent setting forth that such district has had the legal number of months school, has made the census report properly, and has made the proper financial report required by law.

SUBDIVISION XII.-SCHOOL HOUSE SITES.

SECTION 1. [Appropriation-Appraisers.]-If the owner of any real estate on which a school board may desire to locate a school house, refuses or neglects to grant the site on his or her premises, or if such owner cannot be found, the county superintendent shall appoint three disinterested persons, none of whom shall be residents of the district, whose duty it shall be, after taking an oath to faithfully discharge the duties imposed on them by this subdivision, to inspect such real estate and assess the damages which such owner shall sustain by the appropriation of his land for the use of said house and school, and make a report to said county superintendent, giving amount of land and damages, with exact location of land, and who shall file and preserve the same in his office. Each person acting as such appraiser shall receive the sum of two dollars per day for his services.

SEC. 2. [Site-Use-Reversion.]-The school board shall pay the cost of this appraisement, and after paying to the owner of the land the amount of damages assessed may enter upon and occupy the land as long as the district desires to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner of the fee simple of the land from which it was taken on the payment by him of the amount originally paid for the land without interest.

SEC. 3. [Extent of site taken.]-When land is thus taken without the consent of the owner, it shall not be more in amount than one acre, and all orchards, gardens, public parks, shall not be liable to be thus taken, nor shall land be taken within twenty rods of any residence.

SEC. 4. [Appeal from appraisement.]--The owner of land thus taken may appeal to the district court, and such appeal shall be taken within 60 days and in the same manner and by the same proceedings as in cases of condemnation by a railroad company for right of way, but the school board shall not be liable for costs of appeal unless the court grant greater damages than the committee of appraisement gave.

SEC. 5. [Site on state land.]-When it is desired to locate a school house site on school land belonging to the state, the state land commissioner is hereby authorized to sell to the district not less than one nor more than four acres, and give a deed to the district in fee simple in the name of the state as in other cases.

SUBDIVISION XIII.-THE STATE NORMAL SCHOOL.

SECTION 1. [Direction.]--The state normal school shall be under the direction. of a board of education, consisting of seven members, five of whom shall be appointed by the governor for a term of five years each, and the state treasurer and the state superintendent of public instruction shall by virtue of their office be members of said board; Provided, That the present appointed members of the board shall continue to hold their several offices till the limit of the time for which they were appointed. All vacancies occurring in the board shall be filled by appointment by the governor.

SEC. 2. [Officers of board.]-The members of the board of education shall annually elect a president and a secretary from among their own number, and the state treasurer shall be treasurer of the board by virtue of his office.

SEC. 3. [Secretary-Duties-Report.]-It shall be the duty of the secretary to keep an exact and detailed account of the doings of the board, and on the first day of January of each year he shall transmit to the governor a report of all expenditures made during the preceding years, vouchers for which shall be kept on file in the office of the secretary and open to the inspection of the governor, auditor, and members of the legislature.

SEC. 4. [Teachers-Employees.]—The said board shall have power to appoint a principal, assistant teachers, and such other employees as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, provided that the affirmative votes of four members of the board shall be necessary to remove a principal or an assistant during the time for which such persons were appointed.

SEC. 5. [Compensation of board.]-The board of education shall receive no compensation for their services, but shall be reimbursed actual expenses incurred in attending upon meetings of the board.

SEC. 6. [Meetings.]—The board shall hold each year two regular meetings, the last week of the spring term in June, and the last week of the winter term in December, and such special meetings as may be found necessary.

SEC. 7. [Property-Preservation.]-The board shall adopt all needful rules and regulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, &c., belonging to the school.

SEC. 8. [Principal.]-The principal shall be the chief executive officer of the school, and shall be responsible to the board for the control and management of the same. All teachers and other subordinates in said school shall be under the direction of the principal, subject to the general regulations of the board.

SEC. 9. [Morals of pupils-Religious tests.]-The board in their regulations, and the principal in his supervision and government of the school shall exercise a watchful guardianship over the morals of the pupils, but no religious or sectarian test shall be applied in the selection of teachers, and none shall be adopted in the school.

SEC. 10. [Diplomas - Certificates.]—Any student having completed the common school course shall be entitled to a certificate, good for two years, in any part of the state; any student completing the higher course of study in a satisfactory manner shall be entitled to a diploma, which diploma will entitle the holder to teach in any of the schools of the state without further examination for the space of three years. Any graduate of the higher course who shall after graduation teach two annual terms of school of not less than six months each, or their equivalent, and shall produce a certificate of good moral conduct, and satisfactory discharge of professional duties from the board or boards of directors of the district or districts in which the applicant taught, countersigned by the county superintendent of the proper county or counties, shall be entitled to receive an additional diploma, good for life; Provided, That any teacher producing satisfactory proof of three years' successful teaching previous to graduation in the higher course of study may receive upon graduation, diploma, good for life; Provided, That no life diploma shall be in force after its holder shall permit a space of three years to lapse without following some educational pursuit, unless said diploma be endorsed by the acting state superintendent; Provided, That each holder of a certificate from the common school course or a diploma from the higher course shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach; and for such registration he shall pay a fee of one dollar, which shall go into the institute fund of said county. [Amended 1889, chap. 78.]

SEC. 11. [Control of funds.]-All funds appropriated for the use and benefit of the normal school, together with the income arising from the lease and sale of the endowment lands belonging to said school, shall be under the direction and control of said board of education, subject to the provisions herein contained. The treasurer

shall pay, out of the proper funds, all drafts for moneys to be expended under the provisions of this subdivision, such orders or drafts to be drawn by the auditor on certificates by the secretary, countersigned by the president of the board. No such certificates shall be given except upon accounts audited and allowed by the board in open meeting. SEC. 12. [Endowment funds.]-All the lands remaining unsold of the twenty sections heretofore appropriated as an endowment fund for the state normal school and all the endowment fund hitherto derived from the sale of such lands, shall be, and the same is hereby confirmed as such endowment, to be forever used for this purpose.

SEC. 13. [Matriculation fees-Library fund.]-Students, when entering the school for the first time, shall pay a matriculatoin fee of five dollars. The moneys thus received shall be paid into the hands of the state treasurer, and shall be held as a library fund, and the board of education shall from time to time appropriate the same for the purchase of books for the normal school library.

SEC. 14. [Dormitory fund.]-All moneys received for the use of rooms in the dormitory shall be expended by the board in repairs of dormitory and the furniture of the same, whenever such repairs are needed.

SEC. 15. [Purpose of school.]-The exclusive purpose of this school is the training and instruction of persons, both male and female, in the arts of teaching and managing schools, and in the principles and practice of the various branches of learning taught in our public schools.

SEC. 16. [Admission of pupils.]—The board shall make such rules and regulations for the admission of pupils to the school as may seem to be best for the interest of the school and not inconsistent with the purpose for which the school has been established.

SUBDIVISION XIV.-SCHOOLS IN CITIES.

SECTION 1. [Districts-Body corporate.]-That each incorporated city in the state of Nebraska, or those hereafter incorporated as such, having a population of more than fifteen hundred inhabitants, including such adjacent territory as now is, or hereafter may be attached for school purposes, shall constitute one school district, and be known by the name of "the school district of (name of city), in the county of (name of county), in the state of Nebraska," and as such, in that name, shall be a body corporate, and possess all the usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and control such obligations as are authorized by law, and the title to all school buildings or other property, real or personal, owned by any school district within the corporate limits of any city, shall, upon the organization of a district under the provisions of this subdivision vest immediately in the new district; and the board of education by this subivision provided, shall have exclusive control of the same for all purposes herein contemplated; Provided, That any territory not included within the corporate limits of any city, and containing territory or a number of children sufficient to constitute a school district under the provisions of this chapter, may, by petition signed by at least a majority of the legal voters of such territory, and a majority of the board of education of such city, be by the county superintendent erected into a separate district under the conditions imposed by this chapter; Provided, further, That in case any city above described shall embrace more than one entire school district, and the fractional part of another school district shall extend within the corporate limits of said city, the fractional part so embraced within said corporate limits shall be exempt from the provisions of this subdivision, until such time as a majority of the legal voters of said fractional part shall petition the board of education of said city to be included in said district, and upon the receipt of such petition by said board, the said fractional part shall be included within the said district, for all purposes of this subdivision. [1883, chap. LXXII.]

SEC. 1. Consolidation of district; payment of debts. 15 Neb. 4.

SEC. 2. [General control-Free school.]-That all schools organized within the limits of said cities shall be under the direction and control of the boards of education authorized by this subdivision. Such schools may be free to all children between the ages of five and twenty-one years, whose parents or guardians reside within the limits of said district.

SEC. 3. [Board of education.]—That the boards of education contemplated by this subdivision shall consist of six members, who shall be elected upon a general ticket from among the legal voters who are tax-payers, at the time for holding the general city election in each year. At the first election in cities organized under this act two members shall be elected for the term of three years, two for two years, and two for one year, and annually thereafter two members shall be elected for three years and until their successors are elected and installed in office; Provided, That in cities of the first class the board of education shall consist of nine members, who shall be qualified electors of said city, and who shall be actual tax payers, who shall be elected at the times and hold their offices for the terms hereinafter prescribed, to wit: At the first annual city election held after organizing under this act, three members shall be elected for the term of three years, three for two years, and three for one year; and annually thereafter their successors shall be chosen for the term of three years, and all members so elected shall serve until their successors are duly elected and qualified. In cities now organized under this act, no vacancy shall be created because of this amendment. It shall be the duty of the mayor of any city now organized or hereafter organized under the provisions of this subdivision, to give public notice to the electors thereof of the number of personswho shall be chosen by them as members of a board of education for the school district of (name the city) at the ensuing annual election for city officers. [Amended 1885, chap. 80.]

SEC. 4. [Elections.]-That the ballots for the election of members of the board of education, for authorizing the issuance of bonds, or the purchase of sites, and erection of buildings, shall in all cases be deposited in boxes especially prepared for that purpose, and be received and returns made by the regular election board; but the returns for the election of members shall be canvassed in the same manner as provided for in the case of city officers; the returns for the issuance of bonds, purchase of sites, and erection of buildings, shall be made to, and canvassed by, the board of education.

SEC. 5. [Oath-Vacancy.]—That all persons elected as members of boards of education shall on or before the first Monday of the month following their election, take and subscribe the usual oath of office. In case any person elected shall fail so to do, his election shall be void, and the vacancy thereby occasioned shall be filled by the board, as hereinafter provided.

SEC. 6. [Meetings.]- That the regular meetings of the boards of education shall be held upon the first Monday of each month; but special meetings may be held, from time to time, as circumstances may demand, and all meetings of the board shall be open to the public, unless otherwise specially ordered.

SEC. 7. [General Power-Compensation.]-That the boards of education shall have power to select their own officers, make their own rules and regulations, subject to the provisions of this subdivision; but no member of the board, excepting the secretary, shall receive or accept any compensation for services performed in discharging the duties of his office.

SEC. 8. [Officers.]-That the members of each board of education, at their first regular meeting succeeding their election each year, shall elect a president, vice-president, and secretary from their number, who shall serve for the term of one year, or until their successors are elected; they may also elect at any regular meeting one superintendent of public instruction, with such salary as the board may deem just, and they may enter into contract with him, in accordance with their discretion, for a term of years not to exceed three years. The election of the officers of the board, of the superintendent and teachers, and for filling vacancies in the board shall be by ballot, and no

person shall be declared elected except he receive the vote of a majority of all the members of the board. [Amended 1883, chap. LXXII.]

SEC. 9. [President.]—That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees, whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys.

SEC. 10. [Vice president.]-That it shall be the duty of the vice president to perform all the duties of the president, in case of his absence or disability.

SEC. 11. [Secretary.]-That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer, or other person to whom such funds are payable by law and deposit the same with the treasurer of the board and to perform all such other clerical duties as the board may require; and for his services he shall receive such salary as the board may deem adequate.

SEC. 12. [Same-Bond.]-That before entering upon the discharge of his duties the secretary of the board shall give bonds in a sum of not less than one thousand dollars, to be determined by the board, with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer, that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office. [Amended 1883, chap. LXXII.]

SEC. 13. [Treasurer.]-That the city treasurer of such city shall be ex-officio treasurer of the board of education; he shall attend all meetings of the board, when required to do so; shall prepare and submit in writing, a monthly report of the state of its finances, and shall pay school moneys only upon a warrant, signed by the president, or in his absence by the vice-president, and countersigned by the secretary. He shall give bond payable to the county in twice the sum that may be in his possession at any one time of moneys belonging to or under the control of the board of education. [Id.]

SEC. 14. [Property of districts merged.]-That within ten days after the permanent organization of a board of education, as provided for in this subdivision, it shall be the duty of all officers of school districts within the limits of cities aforesaid, to deliver to the officers of the board, all property, funds, and papers entrusted to their care, for the use of the public schools in such cities, and all funds thus received shall be immediately paid to the treasurer of the board and be by him placed to the credit of the school district provided by this subdivision.

SEC. 15. [Vacancies.]-That the boards of education shall have power to fill any vacancies which may occur in their body from among the legal voters who are tax payers; Provided, That any vacancy occurring more than ten days previous to the annual city election, and leaving an unexpired term of more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "to fill unexpired term." [Amended 1883, chap. LXXII.]

SEC. 16. [Quorum.]-That a majority of all the members of each board of education shall constitute a quorum, but a less number in attendance, at any regular meeting, shall have, and a quorum at any special meeting may have, power to compel the attendance of absent members, in such manner, and under such penalties as such board shall see fit to prescribe, and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or consent of the board, removal from the district, or resignation accepted by the board, shall vacate his position on the board, and such vacancy shall be filled in accordance with the provisions of this subdivision.

SEC. 17. [Accounts-Money when appropriated.]-That all accounts shall be audited by the secretary, approved by a committee, to be styled the committee on claims, and no expenditure greater than two hundred dollars shall be voted by the