STATUTES OF THE TERRITORY OF WASHINGTON, MADE AND PASSED AT A SESSION OF THE LEGISLATIVE ASSEMBLY BEGUN AND HELD AT OJ" PIA ON THE SECOND DAY OF OCTOBER. 1871. AND ENDED ON THE THIRTIETH DAY OF NOVEMBER. 1871. NINETY-SIXTH YEAR OF INDEPENDENCE PUBLISHED BY AUTHORITY. OLYMPIA: PROSCH & McELROY, PRINTERS. 1871. STATUTES OF THE TERRITORY OF WASHINGTON. AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO REGULATE THE PRAC- TICE AND PROCEEDINGS IN CIVIL ACTIONS," APPROVED DEC. 2, 1869. Section 1. Be it enacted by the Legislative Assembly of the Territory of Washington, That section two of the act to which this is amendatory, is hereby amended so as to read as follows, viz: Sec. 2. Allcommon law forms of action are hereby abolished, but the distinction between actions at law and suits in. chancery shall be preserved; and pleadings and proceedings in actions at law shall be as prescribed in this act; and pleadings and pro- ceedings in suits in chancery, shall be as prescribed by the laws of the United States and by the rules prescribed by the supreme court of the United States for courts of equity of the United States. " Src. 2. Sections 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 172, 173, 193 and 291 of the said act, are hereby amended 80 as to read as follows, viz: 4 CIVIL PRACTICE ACT. “Src. 59. Actions at law in the several district courts of this Territory, shall be commenced by the filing of a complaint with the clerk of the court in which the action is brought, and the issuing of a summons thereon: Provided, That after the filing of the complaint, a defendant in the action may appear, answer or demur whether the summons has been issued or not, and such appearance, answer or demurrer shall be deemed a waiver of summons." “Sec. 60. The clerk shall endorse on the complaint the day, month, and year the same is filed, and at any time within one year after the filing of the same, the plaintiff may have a summons issued. The summons shall run in the name of the United States of America, be signed by the clerk, tested in the name of the judge of the court from which it issues, be directed to the defendant, and be issued under the seal of the court. The summons shall state the parties to the action, the court in which it is brought, fhe county in which the complaint is filed, the cause and general nature of the action, and require the defend- ant to appear and answer the complaint within the time men- tioned in this section, after the service of the summons, exclu- sive of the day of service, Ór that judgment by default will be taken against him according to the prayer of the complaint; briefly stating the sum of money or other relief demanded in the complaint, and the clerk shall also endorse on the ummonss the names of the plaintiffs attorneys. The time in which the summons shall require the defendant to answer the complaint, shall be as follows: 2 |. If the defendant is served within the county in which the action is brought, twenty days. 2. lf the defendant is served out of the county but in the district in which the action is brought, thirty days. 3. Inallother cases sixty days. There shall also be inserted in the summons a notice in sub- stance as follows: 1. In an action arising on contract for the recovery only of money or damages, that the plaintiff will take judgment for a CIVIL PRACTICE ACT. 5 sum specified therein, if the defendant fail to answer the com- plaint. 2. In other actions, that if the defendant fail to answer the complaint, the plaintiff will apply to the court for the relief demanded therein. In an action affecting the title to real property, the plaintiff at the time of filing the complaint and the defendant at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may file with the auditor of the county in which the property is situated, a notice of the pen- dency of the action, containing the names of the parties to and the object of the action, and a description of the property in that county affected thereby; and the defendants may also in such notice state the nature and extent of the relief claimed in the answer. From the time of filing only, shall the pendency of the action be constructive notice to a purchaser or incum- brancer of the property affected thereby.” “Sec. 61. The summons shall be served by the sheriff of the county where the defendant is found, or by his deputy, or by a person specially appointed by him or appointed by a judge of the court in which the action is brought, or by any citizen of the United States over twenty-one years of age, other than the plaintiff, and who is competent to be a witness on the trial of the action. A copy of this complaint shall be served with the summons. When the summons is served by the sheriff or his deputy, it shall be returned with the certificate or affidavit of the officer, of its service, and of the service of the copy of the complaint, to the office of the clerk from which the summons issued. When the summons is served by any other person, as before provided, it shall be returned to the office of the clerk from which it issued. When the summons is served by any other person, as before provided, it shall be returned to the office of the clerk from which it issued, with the affidavit of such person of its service, and of the service of the copy of the complaint. The plaintiff shall be entitled to as many writs of summons in the same suit as may be necessary to obtain juris- 6 CIVIL PRACTICE ACT. diction of the person of the defendant, and they may be issued at the same or different times." “Sec. 62. The summons shall be served by delivering a copy thereof, as follows: l. If the suit be against a corporation, to the president, or other head of the corporation, secretary, cashier or managing agent thereof. l 2. If against any county, to the county auditor. 3. If the suit be against a foreign corporation, or a non-resi- dent joint stock company or association doing business within this Territory, to an agent, cashier or secretary thereof. 4. lf against a minor under the age of fourteen years, to such minor personally, and also to his father, mother, guardian, or if there be none within this Territory, then to any person having the care or control of such minor, or with whom he re- sides, or in whose service he is employed. 9. If against a person for whom a guardian has been ap- pointed for any cause, to such guardian. 6. Inallother cases, to the defendant personally." * Sec. 63. When the person on whom the service is to be made, has property within this Territory but resides out of the Territory, or has departed from the Territory, or cannot, after due diligence, be found within the Territory, or conceals himself to avoid the service of summons, or the defendant is a foreign corporation and has property within the Territory, or the cause of action against such corporation arose within the "Territory, - and the fact shall appear by affidavit to the satisfaction of the district court, or a judge thereof, or a judge of the probate court, and it shall, in like manner, appear that a cause of action exists against the defendant in respect to whom the service is made, or that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of the summons. In no case shall a summons issue against a non-resident when the person has no property in the jurisdiction of the court, except in an action for divorce, which may be done by publication.” CIVIL PRACTICE ACT. 7 * Sec. 64. The order shall direct the publication to be made in a newspaper to be designated, as most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a week: Provided, That pub- lication against a defendant residing out of the Territory, or absent therefrom shall not be less than six weeks. In case of publication, where the residence or non-residence of an absent defendant is known, the court or judge shallalso direct a copy of the summons and complaint to be forthwith deposited in the post office, directed to the person to be served, at his place of residence. When publication is ordered, personal’ service of a copy of the summons and complaint out of the Territory, shall be equivalent to publication and deposit in the post office. In either case the service of the summons shall be deemed cdm- plete twenty days after the last day of publication prescribed by the order for publication." “Sec. 66. The writ of subpcena in chancery may also be served by the sheriff or his deputy, as well as by the persons authorized by the rules in equity, and sections 63, 64 and 65 shall apply to suits in equity in so far as said sections do not conflict with the said rules." "Sec. 67. When the action is against two or more defendants and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: l. If the action be against the defendants jointly indebted upon a contract, he may proceed against the defendants served, unless the court otherwise direct, and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served. 2. If the action be against the defendants severally liable, he may proceed against the defendants served in the same manner asif they were the only defendants." “Src. 68. Proof of the service of the summons and copy of complaint, shall be as follows: 8 CIVIL PRACTICE ACT. l. If served by the sheriff or his deputy, the certificate of such sheriff or deputy. 2. If by any other person, his affidavit thereof. 3. If served by publication, the affidavit of the publishers, their foreman or principal clerk, showing the same, and an affi- davit of the deposit of the summons and copy of complaint in the post office, as required above, if the same shall have been deposited; or, 4. The written admission of the defendant. 5. If personal services shall be made out of the Territory, proof may be made by the affidavit of the person who makes ` the service, taken before the clerk of a court of record having a seal, and certified by him under the seal of said court, or by evidence in open court; or if personal service is made by a per- | son requested so to do by the plaintiff or his attorney, by the affidavit of such person taken before the clerk of a court having a seal, with his certificate thereto attached, under his hand and the seal of said court, but such affidavits must state the time, place and manner of service." “Sec. 69. In case of service otherwise than by publication, the certificate or affidavit shall state the time and place of the service, and from the time of service of the summons and copy of complaint in an action at law, the court shall be deemed to have acquired jurisdiction and to have control of all the subse- quent proceedings." “Sec. 70. A voluntary appearance of the defendant shall be equivalent to personal service of the summons upon him." “Src. 71. All the forms of pleadings heretofore existing in actions at lgw, inconsistent with the provisions of this act, are abolished, and hereafter the forms of pleadings in such action and the rule by which the sufficiency of pleadings is to be deter- mined, shall be as herein prescribed." “Sec. 140. The plaintiff in an action to recover the possession of personal property, may at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property as herein provided." CIVIL PRACTICE ACT. 9 “Sec. 159. All writs of injunction shall be issued by the register in chancery, and shall issue under the seal of the court, be tested in the name of the presiding judge, be directed to the defendants and may be served by the same person and in like manner as writs of summons.” — — : “Sec. 172. "The plaintiff at the time of issuing the summons, or at any time afterward, may have the property of the defend- ant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment as hereinafter provided in the following cases: 1. Inan action upon a contract, expressed or implied, for the direct payment of money, which is not secured by a mort- gage, lien or pledge upon real or personal property, or if so secured, that such security has been rendered nugatory by the act of the defendant. 2. Inan action upon a contract, express or implied, against a defendant not residing in this Territory.” “Src. 173. The clerk of the court shall issue the writ of at- tachment upon receiving an affidavit by or on behalf of the plaintiff, which shall be filed, showing 1. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all legal set-offs or counter claims) upon a contract express or implied, for the direct payment of money, and that the payment of the same has not been secured by any mortgage, lien or pledge upon any real or personal property. 2. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness, as near as may be, over and above all legal set-offs or counter claims) and that the affiant verily believes that the defendant is either 1. A foreign corporation; or, 2. That he is a non-resident of the Territory, or has departed therefrom with intent to delay or defraud his creditors, or to avoid the services of process, or keep hiniself concealed therein with like intent; or, 3. That he has removed oy is about to remove any of his 2 10 CIVIL PRACTICE ACT. property from this' Territory with intent to delay or defraud his creditors; or, 4. That he has assigned, secreted or disposed of any of his property, or is about so to do with intent to delay or defraud his creditors; or, 5. That the defendant has been guilty of a fraud in contract- ing a debt or incurring the obligation for which the action is brought, stating the facts constituting the alleged frauds. 6. That the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant." “Sec, 193. The sheriff shall return the writ of attachment with the summons, if issued at the same time, otherwise within twenty days after its receipt, with a certificate of his proceed- ings endorsed thereon or attached thereto." IN WHAT CASE JUDGMENT MAY BE HAD UPON FAILURE TO ANSWER. “Src, 291. Judgment may be had if the defendant fail to answer to the complaint, as follows: l. Inan action arising upon contract for the recovery of money or damage only, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted by the court or judge, the clerk, upon the application of the plaintiff, shall enter the default of the defendant and immediately thereafter enter judgment for the amount specified in the summons, including the costs, against the defendant, or against one or more of sev- eral defendants in the cases provided for in section 67. 2. In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk shall enter the default of the defendant, and thereafter the plaintiff may apply at the first or any subsequent term of the court for the relief demanded in the complaint. If the taking an account or the proof of any fact be necessary to enable the court to give CIVIL PRACTICE ACT. 11 judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. Where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if to determine the amount of damages, the examination of a long account be ne- cessary, by a reference as above provided. 3. In actions where the service of the summons was by pub- lication, the plaintiff, upon the expiration of the time desig- nated in the order of publication may, upon proof of the publi- cation and that no answer has been filed, apply for judgment, and the court shall thereupon require proof to be made of the demand mentioned in the complaint, and if the defendant be not a resident of the Territory, or is a foreign corporation, shall require the plaintiff or his agent to be examined on vath respect- ing any payments that have been made to the plaintiff, or to any one for his use, on account of such demand, and may render judgment for the amount which he is entitled to recover. In all cases the person recovering judginent in the district court shall have the right to an execution for the satisfaction thereof, as soon as the same is rendered. But the court in which the judg- ment was rendered may, by order, stay the execution for a rea- sonable time. in order to enable the judgment debtor to apply for a new trial or to take his writ of crror: Provided, That in all cases of appeals from decrees not provided for in this act, the supreme court may, at its next regular term, by general rule, prescribe the manner of taking appeals from decrees of the dis- trict court to«the supreme court, and said supreme court shall, at the close of said term, publish such rules if any be so made. Sec. 3. All acts or parts of acts contrary or inconsistent with the provisions of this act, are hereby repealed: Provided, That rights acquired in actions now pending under existing laws. shall not be affected by anything herein contained.” Sxc. 4. Chapter 30, and sections 433, 447, 448, 691 and 693 of the act to which this is amendatory, are hereby re- pealed. 12 SCHOOL LAW. Sec. 5. The same fees shall be allowed for the services of writs of summons and subpcenas in chancery, that are now allowed for services of complaints and notice. Sec. 6. The first paragraph of section 363, of the act to which this is amendatory, shall be amended so as to authorize, in addition to the judgment debtor or his representatives, any person who may be interested in the said property, to likewise appear and file his objections thereto and be heard thereon. The following portion of paragraph four of said section, is hereby repealed, viz: * An order confirming a sale shall be a conclusive determina- tion of the regularity of the proceedings concerning such sale as to all persons in any other action, suit or proceeding whatever." Passed the House of Representatives November 24, 1871. J. J. H. VAN BOKKELEN, Speaker of the House of Representatives. Passed the Council November 28, 1871. H. A. SMITH, President of the Council. Approved November 29, 1871. EDWARD S. SALOMON, Governor of Washington Territory. AN ACT ESTABLISHING A COMMON SCHOOL SYSTEM FOR THE TERRITORY OF WASHINGTON, CHAPTER I. Section. ‘I. Be it enacted by the Legislative Assembly of the Territory of Washington, That the Legislature shall, in joint convention during its present session, and every two years SCHOOL LAW. 13 hereafter, elect a Territorial superintendent of common schools, who shall hold his office for two years and until his successor is duly elected and qualified. f Sec. 2. It shall be the duty of said Territorial superintend- ent to disseminate intelligence in relation to the method and value of education. Sro. 3. He may examine all who apply to him for certifi- cates to teach school, and his certificate shall be valid in the whole Territory, and he shall be entitled to receive the same fees for certificates as county superintendents. He may call a teachers’ convention at such time and place as he shall deem con- ducive to the educational interests of the Territory. He shall prepare and forward to county superintendents printed blanks, designating the questions he desires answered, on or before Octo- ber first of each year. Sec. 4. It shall be the duty of all the county superintendents of schools to forward to the Territorial superintendent a copy of their annual report forthwith, and they shall also state what school books would give most general satisfaction in their respec- tive counties. Sec. 5. It shall be the duty of the Territorial superintend- ent to make out a report from the reports of the county super- intendents, and any other means of information he may have, of the condition of the schools in the Territory, and shall state what school books seem to be most popular in the Territory. He shall also recommend some series of school books to be in- troduced throughout the Territory, and he may make any sug- gestions he may think best for the promotion of education. He shall publish his Territorial report in some leading newspaper of the Territory, with a request that other papers copy. Sec. 6. He shall make a report to the Legislature at its next regular session and every regular session thereafter, within ten days after convening, embodying all the information mentioned in section 5, and any other information and recommendations he deems advisable. Sec. 7. The Territorial superintendent shall receive as a 14 SCHOOL LAW. salary out of the Territorial treasury, three hundred dollars annually, which shall include office rent, stationery, printing and all other incidental expenses of his office; and the Terri- torial auditor shall issue an order for said amount, which shall be paid by the treasurer out of any funds not otherwise appro- priated. Sec. 8. The Territorial superintendent shall qualify within sixty days after notice of his election, by filing in the office of the Secretary of the Territory, an oath that he will faithfully discharge the duties of the office according to the best of his abilities. Whereupon the Governor shall issue to bim a commis- sion the same as to other Territorial officers; and in case of vacancy from any cause the Governor may appoint to fill the vacancy until the meeting of the next Legislature. CHAPTER Ii. Sec. 1. That the principal of all moneys accruing to this "Territory from the sale of any lands heretofore given or which may hereafter be given by the Congress of the United States for school purposes, shall constitute an irreducible fund, the interest accruing from which shall be annually divided among all the school districts in the Territory proportionally to the number of children or youth in each, between the ages of four and twenty- one years, for the support of common schools in said district, and for no other use or purpose whatever. Sec. 2. For the purpose of establishing and maintaining common schools, it shall be the duty of the county commission- ers of each county to levy an annual tax of four mills on a dol- lar on all taxable property of the county as shown by the as- sessment rolls made by the county assessor for the same year, and to include the same in their warrant to the collector, and the said collector shall proceed to collect the siad tax in the same SCHOOL LAW. 15 manner as other county tax is collected, and the said money so collected shall be paid over to the county treasurer to be appro- priated for the hire of school teachers in the several school dis- tricts, to be drawn in the manner hereinafter prescribed; neither shall it be lawful for any county treasurer to receive county orders in payment for county school tax nor to pay out any school money on county orders. SEC. 3. For the further support of common schools, there shall be set apart by the county treasurer all moneys paid into the county treasury arising from all fines for a breach of any law regulating licenses for the sale of intoxicating liquors, or for the keeping of bowling alleys or billiard saloons, or from any penal laws of this Territory. Such moneys shall be paid into the county treasury and be added to the yearly fund raised by tax in each county and divided in the same manner. Sec. 4. That it shall be the duty of the county auditor of each county to report to the county superintendent of common schools, at least twenty days before the first Friday in November of each year, the amount of school tax levied in their respective counties for that year, and that it shall be the duty of the clerk of the district court, at the close of every term thereof, to report to the superintendent the amount of fines imposed during said term of court; and that it be the duty of all justices of the peace to report to the superintendent, at least twenty days before the first Friday of November of each year, the amount of fines imposed and collected by them for the past year. UBAPTER III. COUNTY SUPERINTENDENTS. SEC. l. There shall be elected by the legal voters of the respective counties in Washington Territory, a county superin- tendent of common schools for each county, who shall be elected at the general election of 1872, and at the regular election held 16 SCHOOL LAW. biennially thereafter, who shall hold his office for the term of two years and until his successor is elected or appointed and qualified. And in case of a vacancy occurring in said office by removal, death or otherwise, the county commissioners of each county are authorized to appoint a county school superintendent as in all other cases of vacancies in their respective counties, who shall qualify in the same manner as the elected superintendent, and perform all the duties of the office according to this law, for the unexpired term for which he was appointed, and until his successor is elected and qualified. Sec. 2. The superintendent shall qualify within ten days after notice of his election, by taking an oath to faithfully dis- charge the duties of his office, and to the best of his ability promote the interest of education within his county, which oath shall be in writing and placed on file in the county auditor's office. Sev. 3. It shall be the duty of the superintendent to district the whole county, so that every resident of the county shall be included in some district, and to divide such portion of his county as shall be inhabited, into convenient school districts, to define the boundaries and numbers, and to keep in his office a map of the districts of the county, upon which the lines and boundaries of each district shall be clearly defined. He shall lay off new districts or divide old ones where the public good shall require it. Sec. 4. Whenever any school district shall be formed by the superintendent, it shall be his duty to prepare a notice in writing of the establishment of such district, describing its boundaries, and to deliver the same to some taxable inhabitant of such dis- trict who shall have asked for the fermation of the same. It shall be the duty of said inhabitant, within two weeks after the receipt of such notice, to notify the other inhabitants of the district of the time and place of the first district meeting, which time and place he shall fix by written notices, and which shall be posted up in three public places in the district, at least ten days previous to the time of meeting. In case the inhabitants SCHOOL LAW. 17 fail to attend in sufficient numbers to do business, as hereinafter directed, notice may be renewed at such times as may be thought proper. Sec. 5. It shall be the duty of the county superintendent to be at the county seat on the third Friday and Saturday of May and November of each year, for the purpose of examining teach- ers and for the transaction of other business, and he shall give ten days public notice of the same by posting up handbills or otherwise. And any person or district applying on different days for the transaction of such business, shall pay the superintendent a reasonable compensation for his trouble, and not exceeding the sum of two dollars, and any teacher examined on a different day shall pay the superintendent the sum of two dollars. Sec. 6. It shall be the duty of the superintendent to exam- ine all persons who wish to become teachers in his county; he shall examine them in orthography, reading, arithmetic, defining, penmanship, English composition, English grammar and geog- raphy, history of the United States; and if he be of the opinion that the person examined is competent to teach said branches, and that he or she is of good moral character, he shall give such person a certificate certifying that he or she is qualified to teach a common school in said county; such certificate shall be for the term of one year only and may be revoked sooner by the super- intendent for good cause; but in the examination of the teach- ers he may make a distinction according to qualification, grant- ing a certificate of qualification to teach in any specified district if the applicant therefor be qualified for the school of such dis- trict, and not a county certificate, which certificate, so granted, shall only be for six months, and may for good cause be sooner revoked. Sec. 7. The superintendent shall visit all the schools in his county once a year; he shall give such information and encour- agement as he may think necessary, and endeavor to promote the introduction of a good and uniform system of school books throughout the county, for which service he shall receive three dollars for each school visited, and the same mileage for going 3 18 SCHOOL LAW. to and returning from said school that sheriffs receive in the county in which they reside, to be paid out of the county treas- ury of said county. SEC. 8. It shall be the duty of the superintendent to receive the district reports hereinafter provided for, and keep them on file in his office, and he shall, on or before the first day of Jan- uary of each year, make out from the district reports a state- ment of the number of scholars in the county, the: number of school libraries, the number of school houses, the number of districts, in how many districts the school has been kept the past year, what school books are principally used, what proportion of all the scholars in the county have attended school for the past year, and the amount of money paid to teachers. This state- ment, together with such other information and suggestions as he may deem important to the cause of education, he shall file in his office, and may, if convenient, publish it in some news- paper in this Territory. SEC. 9. It shall be the duty of the superintendents, on or before the first Monday of January and July of each year, to make an apportionment of the school fund in the county treas- ury, among the several school districts in their respective coun- ties, in proportion to the number of persons in the district over the age of four and under twenty-one years, and certify the amount due each district, which shall be drawn as hereinafter directed, and shall forthwith notify the clerks of the school dis- tricts of the amount due their respective districts. Sec. 10. When the district shall have complied with the law as hereinafter directed, it shall be the duty of the superin- tendent to issue orders on the county treasury in favor of the- clerks of the districts for the amount of the school fund appro- priated to each, on the presentation of which order the treasurer of the county shall pay over to the clerks of the districts all moneys due their respective districts, and the clerks shallendorse on said order a receipt for so much as shall be paid thereon, and they shall also sign a duplicate receipt which shall be deposited SCHOOL LAW. 19 with the superintendent, who shall credit the treasury of the county therewith and charge the same to the proper district. Sec. 11. The said superintendent shall be allowed out of the county treasury, in compensation for his services, the sum of twenty-five dollars a year. The county commissioners may, in their discretion, if they think the services rendered demand it, increase his salary to any sum not exceeding five hundred dollars a year; but in all cases where the salary exceeds the sum of twenty-five dollars, one-half of the excess shall,be paid out of the school fund: Provided, also,,That a proper allowance shalt be made in addition thereto, for necessary books and stationery. and for the preparing of the map required by section 3. Sec. 12. The school superintendent of each county shall, in all cases, be a qualified teacher of any school within the county for which he is elected. CHAPTER IV. Sec. l. A school meeting may be called at any time for the purpose of organizing a new district, as provided in section four, chapter two. No number less than five legal voters shall consti- tute a quorum to do business in any district meeting. Sec. 2. Such school meeting shall have power to do all nec- essary business the same as the regular school meeting would have. Src. 3. Such meeting, when assembled, shall organize by the appointment of a chairman and secretary. It shall then proceed by ballot to elect three directors; of those so elected, the person having the highest number of votes shall hold his office for the term of three years, and the person having the next high- est number shall hold his office for two years, and the person next highest, one year, and each shall continue in office until his successor is elected and qualified. In case two or more persons 20 SCHOOL LAW. of those so elected receive an equal number of votes, the dura- tion of their term of office shall he determined by lot in the presence of the chairman and secretary. Sec. 4 The term of office of a director not elected at the regular annual meeting, shall continue for the term of one, two or three years as he may have been elected, from the next annual school meeting, unless such director shall be elected to fill a vacancy, in which case he shall continue in office for the unex- pired term, so that at every annual school meeting after the first, there shall be elected one school director for the term of three years. SEC. 5. The directors shall qualify within ten days after their election, by taking an oath or affirmation faithfully to discharge the duties of the office to the best of their abilities, and to pro- mote the interests of education within their district. "This oath shall be in writing and filed with the clerk of the district. Sec. 6. It shall be the duty of the directors of every school distriet: 1. To call special meetings of the district whenever they shall deem it necessary, and when a vacancy occurs by death, resignation or otherwise, the directors shall call a special meeting of the district to fill such vacancy. 23. To make out a tax Jist for their district whenever an as- sessment has been made, containing the names of all persons lia- ble to pay taxes in the district, and the amount payable by each inhabitant, set opposite his or her name. 3. To annex to such tax list a warrant directed to the clerk of the district, for the collection of the sums in such list men- tioned, including such per centage for fees of clerk as they may deem just, not exceeding five per cent. 4. To purchase or lease a site for the district school house, as designated by a meeting of the district, and to build, hire or purchase, keep in repair and furnish such school house with nec- essary fuel and appendages, and such privies and outhouses as decency requires, out of the funds collected and paid to the clerk SCHOOL LAW. E for such purposes, and to have the custody and safe keeping of the district school house. 5. To contract with and employ teachers; and they shall re- quire a teacher to get a certificate from under the hands of the Territorial or county superintendent. No engagement with a teacher shall be valid so as to entitle any district to draw their apportionment of public money, unless such examination has been previously made. 6. To give orders to the teachers on the district clerk for their wages. 7. "To discharge any school teacher for neglect of duty or any cause that, in their opinion, renders his or her service unprofita- ble as a teacher, by first paying him or her for what time he or she may have been teaching. Sec. 7. Any two of said directors shall constitute a quorum to do business. Sec. 8. Itshallbe the duty of the directors to visit and examine the school or schools of their respective districts, at least twice in each term. They shall endeavor, in connection with the county superintendent, to procure the introduction of a good, uniform system of school books in their district. l CLERKS. Sec. 9. The first annual school meeting shall also elect a district clerk, who shall continue in office for the term of three years. He shall qualify within ten days after his election, in the same manner as the directors, and give a bond to the district directors in such sum as they may require, that he shall well and truly perform the duties of his office, and pay over all moneys coming into his hands by virtue of his office as by law directed. If a clerk be elected to fill a vacancy he shall continue in office for the unexpired term, and if elected at the first meeting, not being the regular annual meeting, he shall continue in oftice three years from the next annual meeting. Sec. 10. It shall be the duty of the clerk of the district 22 SCHOOL LAW. 1. To record the proceedings of his district in a hook to be provided for that purpose by the district. 2. To give notice of annual or special mectings. 3. To procure a list of all residents in the district between the ages of four and twenty-one years. 4. To give due notice, at least ten days before any tax that may be assessed shall be collected, by written or printed notices in three of the most public places in the district. 5. To collect all district taxes which shall be required by the warrant from the directors to collect, within the time limited in each warrant for its return, and he shall have the same authority as the county collector to enforce the collection of such tax, and he shall be allowed for collecting, such per centage as the direc- tors may deem proper. . 6. To retain a copy of all reports made to the county super- intendent relating to the affairs of the district. Src. ll. It shall be the duty of the clerk to furnish the county superintendent, within ten days after the first Friday in November of each year, a report containing the number and names of persons in his district over four and under twenty-one years of age, how long a school has been kept in his district by a qualified teacher during the past year, what school books are principally used, what proportion of the scholars in the district have attended school, and the amount of money paid to teachers or otherwise expended. Sec. 12. The clerk of each district shall, at the close of each year of his office, make out in writing a just and true account of all moneys received by him for the use of the district, and the manner in which the same shall have been expended, which account shall be read at the annual district meeting. The clerk shall pay over all moneys remaining in his hands belonging to the district to his successor, when his successor has legally qual- ified, and upon refusal so to do the directors shall forthwith bring suit upon his bond. Sec. 13. District clerks shall be treasurers of their respective districts. SCHOOL LAW. 23 Sec. 14. All moneys coming into the hands of the district clerk shall remain in the hands of the clerk or clerks, subject to the order of the directors, and shall not be paid out in any other way. TEACHERS. Sec. 15. It shall be the duty of every teacher of a common school to procure a certificate of qualification and good moral character, before entering on the duties of a teacher. It shall be his or her duty to keep a register of the children attending school, their age and the time when they began, the time they continue and of their daily attendance, and with the same, he or she shall give a list of the text books principally used in. his or her school, and said register and list of books shall be in dupli: .. cate and filed with the clerk of the district at the close of every term, properly certified to by the teacher, the one copy for the use of the clerk and the other shall, by the clerk, be furnished to the county superintendent with his annual report. Sec. 16. No books or publication of a sectarian or denomi- national character shall be used in any district or public school, neither shall any sectarian or denominational doctrine be taught therein, and any school district, the officers of which shall knowingly allow any school to be taught in violation of this section, such officer or officers assenting to the same, shall be liable to a fine of one hundred dollars to be paid into the common school fund of the county. . Sec. 17. Seventy-two days of school actually taught shall constitute a quarter. É CHAPTER V. MISCELLANEOUS PROVISIONS. SEC. l. The minutes of the first school meeting shall be signed by the chairman and secretary, and delivered to the clerk of the district, who shall file the same in his office. 24 SCHOOL LAW. Sec. 2. In all school meetings the director whose term of office shall first expire, shall act as chairman, and the clerk of the district shall act as secretary. Sec. 3. Districts shall have the power to repeal, alter or modify their proceedings from time to time as occasion may re- quire. Sec. 4. District meetings, legally called, shall have power to levy a tax upon the property of the district for any purpose whatever, connected with and for the benefit of schools and pro- motion of education in the district. Suc. 5. Any new district failing to organize and report to the county superintendent the number of children over four and under twenty-one years of age in said district, within ten days after the first Friday in November, or any district having been organized for the term of one year or more, failing to report to the county superintendent as required in section eleven of the chapter entitled *clerks" in this act, shall not be entitled to any portion of the county school fund for the year: Provided, That if the clerk of any school district shall fail to make such report : according to law, the superintendent shall notify directors and they may make the report within twenty days after the time required by law, and the county superintendent shall receive the same as if made by the clerk. Sec. 6. No district, except those organized less than one year, shall be allowed to draw its apportioned county school fund from the treasury until it shall satisfy the county superin- tendent that a school has been kept in the district by a qualified teacher for at least three months, except as hereinafter pro- vided. Sec. 7. When the clerk of any school district shall satisfy the county superintendent that any amount has been raised in his district for the support of teachers or building school houses, ` and that a school has actually been kept by a qualified teacher, as provided for in the preceding section, the superintendent shall issue an order on the county treasurer, in favor of the clerk of SCHOOL LAW. 25 such district, for its apportionment of county school funds in the treasury to the credit of such district. Sec. 8. Any district failing to comply with the provisions of the two preceding sections for the term of one year after any apportionment, shall forfeit its apportionment, and the amount thereof shall be again added to the county school fund and di- vided again among all the districts. Sec. 9. Districts having less than fifteen scholars between the ages of four and twenty-one years, and which, in the opinion of the directors are not able to support a school, shall be excepted from the requirements of the three preceding sections, and may, by organizing and reporting to the superintendent according to law, draw their proportion of the school money without being required to comply with the provisions of the school law any further than the said organization and report is concerned; and in such districts, three legal voters shall constitute a quorum to do business, and it shall be the duty of the clerk of such districts to let out all county school funds so received, at interest, for the use of the district, on good security, until such time as it may be required for school purposes in said district. The clerk of the district and his securities shall also be responsible for such money: Provided, That if the term of three years shall elapse before such weak district shall have at least three months school, such districts shall not be entitled to any apportionment of the county school funds after the expiration of the said three ycars, until they shall have complied with the law in the same manner as regularly organized districts are required to do. Sec. 10. When a district is organized, it shall be to all in- tents and purposes a body corporate, capable of sueing and being sued, and fully competent to transact all business appertaining to schools or school houses in their own district; and it shall be the duty of the directors to prosecute or defend any demand for or against their district, and notice shall be served upon one of the directors of any suit brought against the district. Sec. 11. The directors of any school district may permit 4 96 — SCHOOL LAW. scholars who are not residents, to attend school in their district with or without charge, as they may deem proper. Sec. 12. Any persons desirous of sending any scholar or scholars out of their district to any other school, may do so by first getting a permit in writing from the directors in the district where they reside, and such scholar or scholars so sent to school out of their district, shall be entitled to their equal proportion of the publie school fund belonging to their district: Provided, 'That such parent or guardian shall get a certificate from the teacher where such child or children have attended school, show- ing the number of days of attendance, with the price of such schooling, but in no case shall a parent or guardian draw more money than will be sufficient to pay the schooling of such scholar during their attendance out of their school district. SEC. 13. Upon the presentation of such certificate’ to the clerk of the district in which such scholar or scholars reside, the clerk shall pay to such parents or guardian the apportionment due them out of the funds belonging to said district, taking their receipt for the same, which receipt shall be endorsed on said cer- tificates, showing the amount actually received, and signed by the party receiving the money, and said certificate, so endorsed, shall be a sufficient voucher to the credit of the clerk in making his settlement with the directors or in paying over to his succes- sor the fund belonging to said district. SEC. 14. When the clerk of any such school district shall have failed to draw from the county treasury the apportionment for said district, either by reason of not complying with the re- quirements of section seven of this chapter, or otherwise, then the certificate shall be presented to the county superintendent who shall issue an order on the county treasurer in favor of the person or persons entitled to receive the same, and a receipt in due form shall be given to the treasurer for the amount paid, the duplicate of which shall be endorsed on the certificate in the hands of the superintendent, who shall credit the treasury of the county therewith and charge the same to the proper district SCHOOL LAW. 27 in the same manner as when paid to the clerk according to sec- tion ten, chapter two. Sec. 15. Any scholar having thus received his or her portion of school money, cannot be entitled to any further benefit out of the fund of said district in case of a school being taught therein, until after the next annual apportionment is made. Sec. 16. In all cases when a tax is to be levied, it shall be stated in the notice given of the meeting for what purpose or purposes the tax is to be levied. Sec. 17. If a district meeting be held and levy a tax on all the taxable property in the district, the property of non-residents shall be assessed in equal proportion with the rest by the directors of the district. Sec. 18. The directors may add such per centum, not ex- ceeding five, as they may deem requisite, to remunerate the clerk for his services as collector, but the amount shall be specified and added as a separate item in the schedule or account of taxes so levied or assessed, and when any person shall pay the same within ten days after the notice of such tax is made public by the clerk, in accordance with the fourth clause of section ten, of chapter three, the per centage shall be deducted, but in all other cases it shall be collected. Src. 19. There shall be an annual meeting held in each dis- trict upon the first Friday in November, and notice of all annual or special meetings shall be in writing, signed by the directors or the clerk of the district, and shall state the object for which the meeting is called, and shall be posted up in three public places in the district at least ten days previous to holding such meeting. l Sec. 20. Every inhabitant over the age of twenty-one years who shall have resided in any school district for three months immediately preceding any district meeting, or who shall have paid or be liable to pay any tax except road tax in said district, shall be a legal voter at any school meeting, and no other person shall be allowed to vote, and in the selection of a site for a 28 SCHOOL LAW. school house, for raising a tax, no person shall be allowed to vote except persons liable to pay a school tax. Src. 21. Any school meeting shall have power to adjourn from day to day as occasion may require. Sec. 22. A school meeting, legally called, shall have power by a vote of a majority present, to levy a tax on all taxable prop- erty within the district. Sec. 23. The tax payers may, with the consent of the direct- ors of their district, perform by labor their portion of taxation for the erection of school houses and shall be so returned by the clerk of said district. Src. 24. No person shall be disqualified for the office of county supesintendent, district director or clerk, on account of holding any other office within the Territory at the same time. Sec. 25. It shall be the duty of the directors to appoint a suitable person for librarian when the district shall have procured a library. Sec. 26. School superintendents, directors and clerks shall be competent to administer oaths or affirmatious in any case occurring under the provisions of this act. Src. 27. Where, in any county, any of the moneys mentioned in chapter two, section three of this act, are by existing laws set apart to any other fund or for any other purpose, this act shall not be so construed as to affect the disposition of said funds so set apart. Src. 28. Failure of a clerk to make out his report in proper time shall not work a forfeiture of the apportionment to his district, if the report shall reach the superintendent before he apportions the fund. Src. 29. No order of the superintendent shall be drawn upon the county treasurer in favor of any district which fails to have or keep up its organization, and any distriet having been for three years recognized as an organized district by the inhabitants of the same and by the superintendent, shall, so long as it com- plies with the forms of law, be to all intents, for the purposes of this act, a legal district. SCHOOL LAW. 29 Sec. 30.