execution and performance of their duties. Notices shall be given of those meetings as in the case of elections for trustees; Notice of

meetings. and at every such meeting the legal voters of the township may adopt such resolutions and prescribe such rules and regu. lations concerning the duties of trustees and the organizing and supporting common schools, as may be deemed necessary to an efficient organization and economical support of common schools.

Teachers of Schools, and their qualifications. SEC. 81. The 6 Trustees of Schools,” in 'incorporated townships, and “ School Trustees,” in townships not incorpo

in township's not ope Examination rated, shall have power, and it shall be their duty, on applica- of teachers tion to them for that purpose, to examine any person propo. sing to teach a school in their vicinity, in relation to the qualifications of such person as a teacher; and they may call to their assistance such person or persons as they may deem qualified to conduct such examination; or may, in their discretion, appoint a board of examiners for said purpose, to con-Examiners. sist of not less than three nor more than five persons, and to continue in office until the next appointment of trustees. A majority of the trustees or the board of examiners being satisfied that the applicant possesses the requisite qualifications, Certificate to

stics teacher. shall give a certificate to that effect, stating the particulares branches of science which they find him qualified to teach. And no teacher shall be entitled to receive any compensation Shall not refrom the school fund until he shall have been examined and can

Du til examined. received a certificate of qualification, as herein provided. Compensation of School Commissioners, Treasurers and Trustees.

Sec. 82. School commissioners shall be allowed and paid, Compensat'n out of the township funds, for their services in receiving and of c recording petitions for the sale of school lands, advertising, selling, making reports, taking security for the purchase money, or loaning the purchase money, in case it is paid, three per cent. upon the amount of sales: For receiving money which has been loaned and re-loaning the same, two per cent. upon the amount reloaned; and two per cent. upon the amount of all sums distributed and paid to teachers or trustees for the support of schools. And the compensation of treasurers of Of treasurers. townships shall be the same as that allowed school commissioners for the same services; but the two per cent. for receiving and re-loaning money shall not be allowed unless there has been [an] actual payment and re-loaning to another and different person: Provided, however, That trustees of schools Proviso shall have the right, and it is made their duty, to reduce the compensation of treasurers, if in their opinion the compensation herein allowed is more than is reasonable, or if the inha. bitants of the township, in public meeting, shall request or direct such reduction. Trustees of schools shall not be allowed

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Pay of trus- any compensation out of the school funds. Trustees of school tees.

lands and their treasurers, in townships not incorporated, shall be allowed a reasonable compensation for their services, to be fixed by the county commissioners' court, and paid, upon the order of said court, out of the funds of the township, Regulations in relation to liabilities of Officers and Agents, and

to frauds. Liability of

SEC. 83. If any school commissioner of a county, trustee officers.

of school lands or of schools, treasurer, or any other person entrusted with the care, control, management or disposition of school funds belonging to the State, or to any county, or township, or to any school district, or which may be held for the use of any school, shall convert any such funds, or any portion thereof, to his own use, with intent to defraud the State, county, township or school, out of the same, he shall be liable to indictment, and, upon conviction, shall be fined in not less than double the amount of money converted, and imprisoned in the county jail not less than one nor more than twelve months, in the discretion of the court.

Sec. 84. Trustees of school lands and of schools, shall be

liable, jointly and severally, for the sufficiency of securities Trustees lia

w taken from treasurers; and in cases of judgments against treaties of treas'r. surers and their securities, for or on account of any default of

such treasurers, on which the money shall not be made, for want of sufficient property whereon to levy executions, actions on the case may be maintained against the trustees, jointly or severally; and the amount notcollected on such judgments shall be recovered with costs.

Sec. 85. The real estate of school commissioners and treasu

farers and their securities, shall be bound for the satisfaction and real estate of, payment of all claims and demands against such commissionwhen liable. ers and treasurers, as such, from the date of the issuing process

against them, in action or suits brought to recover such claims or demands, until satisfaction thereof be made; and no sale or

alienation of real estate, by any commissioner, treasurer or seLien created curity, as aforesaid, shall defeat the lien created by this secnot defeated tion

de tion; but all and singular such real estate, held, owned or

but all and sincul by sale of property.

claimed, as aforesaid, shall be liable to be sold, in satisfaction of any judgment which may be obtained in such action or suits.

ble for s

Common School Fund of the State.
SEC. 86. The common school fund of the State, shall con-

sist of the amount due from the State, according to a stateSchool fund. ment and settlement of the account between the State and that

fund, under the provisions of the act, entitled “An act to provide for the distribution and application of the interest on the school, college, and seminary funds," approved, on the seventh day of February, one thousand eight hundred and thirty-five;


and of all funds which have been or may be received by the State from the United States, for the use or support of common schools; and, also, of the money added to the common school fund, which was received from the United States, under the act of Congress, providing for a distribution of the surplus revenue of the United States, and which was vested in bank stock, by authority of the State.

SEC. 87. The State shall pay an interest of six per cent. State to pay per annum, upon the amount of the aforesaid common school interest on

school fund. fund, which interest shall be paid annually, on the first day of January, and be applied to the support of common schools, as hereinafter provided. The State shall also pay, at the time aforesaid, an interest of six per cent. per annum, upon

Interest loanthe amount due the college and seminary funds; which inter- ed est shall be loaned to the common school fund, and applied school fund. with the interest on the common school funds, as aforesaid.

Sec. 88. On the first Monday in January, in every year, Anpoy next after taking the census of the State, the Auditor of Pub- of interest. lic Accounts shall, under the supervision of the commissioners of the school fund of the State, ascertain the number of inhabitants in each county in the State, twenty years of age and under; and shall thereupon make a dividend to each county, of the interest due upon the school, college and seminarv funds, in proportion to the number of persons in each county, of the age aforesaid, and issue his warrants to the treasurer for the amount due each county, in favor of the school commissioner or other authorized agent thereof; and dividends shall be made according to the proportions ascertained to be due each county, annually thereafter, until another census shall have been taken, and then apportionments shall be made and continued as aforesaid, according to the last census.

Sec. 89. The money received by school commissioners, Interest apupon Auditor's warrants, issued according to the foregoing sec- portioned to

townships. tion, shall be divided among the several townships and fractional townships in each county, according to the number of white children in each township, under the age of twenty years, agreeable to the following provisions of this act: The money shall be paid to the treasurers of incorporated townships, and to teachers or trustees in townships not incorporated. In cases where teachers have been paid by the employers, the money shall be held for their use; and when the teachers have not been paid by the employers, the money shall be paid by empaid by the school commissioners and treasurers directly to the ployers, to be teachers. Payments under this section shall be made at the paid

by comm'r. time the interest on township funds is paid, in January, or so soon thereafter as the funds are obtained from the State Treasurer.

Sec. 90. In townships where teachers have been paid the w füll amount due them, out of the interest on the township to be added to funds, the money paid to treasurers, under the foregoing sec- principal. tion, shall be added to the principal fund of the township, and be loaned and used as principal forever thereafter.

20chers not

hownship when interest



Distribution of School Funds. i Sec. 91. It shall be the duty of the legal voters within rectors and each school district laid off by the trustees, to meet at the term of office. school house, or other suitable place, on the first Saturday of

October next, or so soon thereafter as the township may be incorporated and districts laid off, and on the first Saturday in October, biennially, thereafter, and elect three persons, householders within the district, to be styled School Directors," who

shall continue in office for the term of two years and until their Quorum

successors are elected. A majority of the said directors shall

constitute a quorum to do business; and the board, when conPower of di- vened, shall have power to select building places, and to pro

vide for the building of school houses, to furnish them with the necessary accommodations, to employ teachers and fix upon their salaries, to visit schools from time to time, and appoint school visiters, and to make all such rules and regulations as may be necessary and proper, and not contrary to the laws of this State.

Sec. 92. It shall be the duty of the school directors of List of chil- each school district to furnish the treasurer of the proper

hoish township, by the first Monday in December next, and by the ed treasurer.

first Monday in December, biennially, thereafter, with the number of all white children, under the age of twenty years,

residing within the said district: Provided, That “trustees of Proviso.

school lands,” in townships not incorporated, containing not more than one school district, or their treasurer, shall make the enumeration required by this section, and report to the school commissioner, and receive their distributive share of the school,

college and seminary funds, according to the provisions of this Further pro-act: And provided further, That no compensation shall be al

lowed to school directors for any services required to be performed by this act.

Sec. 93. Trustees of school lands, in townships not incor. Districts laid porated, shall lay off their respective townships into school off.

districts; and should no school directors be elected on the first Saturday in October next, they shall immediately appoint three suitable persons, in each school district, who shall have the same powers as school directors in incorporated townships, and be liable to the same penalties. The persons so appointed shall make the enumeration in each district, and report the same to the trustees of school lands, or to their treasurer, and returns shall be made by the trustees or treasurer, to the school commissioner, in the same manner that returns are required to be made by treasurers of incorporated townships.

Sec. 94. The treasurer of each incorporated township in Abstract of this State shall, on or before the first Monday in January next, furnished

be and on the first Monday in January, biennially, thereafter, fur. school com’r. nish the school commissioner with an abstract, containing the

whole number of white children, under the age of twenty years, residing within his township; and the school commis

more than one in townships


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sioner shall apportion the interest arising from the school, col- Apportionm't lege and seminary fund, according to the number of children.

townships. under the age aforesaid, and shall pay over the distributive share belonging to each township to the respective treasurers thereof or other authorized person, annually.

Sec. 95. The treasurer of each township shall charge him. Duties of tres self with the amount of the school, college and seminary fund gurers of which he may receive from the school commissioner, for each townships. school district-shall pay to the teachers entitled to the same, their respective portions; and shall credit himself with the amount paid to the teacher or school directors of each district; but no apportionment of money shall be made to any school district, unless a return of the number of white children is made, according to the provisions of the ninety-second section of this act; and it shall be the duty of each treasurer to make and keep a record of the boundaries of each school district within his township, which shall be subject to the inspection of all persons interested.

Sec. 96. It shall be the duty of treasurers of townships to Returns of lay before the trustees of schools, at their semi-annual meet

"Jaid before ings, in July and January of each year, a record of the returns trustees. made by the school directors, according to the ninety-second section of this act, containing the number of all white children, under the age of twenty years, in each school district, within their respective townships; and the trustees shall make the apportionment of the interest and profits arising from the township funds, and the interest arising from the school, college and seminary funds, equally, according to the number of white children, under the age of twenty years, within each school district, respectively.

Sec. 97. The treasurer of each township, whether incorporated or not, shall keep the accounts of the several school Accounts of

districts kept districts in his township separate; but no money shall be paid separate. to teachers, in school districts, unless the directors of such district shall certify to the schedules and number of resident scholars sent to school, and shall also specify the amount actually due to the teacher or the directors; and in case of excess over and above the amount actually due to the teacher or directors of any school district, the same shall be added to and form a part of the school fund of the township. And in all Neglect to cases, when the inhabitants of any school district shall fail or keep schools neglect, for a longer period of time than ten months, in suc- for 10 months, cession, to have a school kept within the limits of their district, the distributive share belonging to the said district shall be added to and form a part of the school fund of the township, and loaned out as other township funds are: Provided, That Proviso. district funds, in the hands of the treasurer, shall be loaned out, for the time being, in the same manner and on the same terms that township funds are. Sec. 98. When two or more schools are kept in any 1

y schools in one school district, the money belonging to such district shall be district.

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