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SEC. 15. The board shall have power to assign such number of scholars to the several primary schools as they may think best, and when such assignment has been made, shall furnish the teacher a list of the scholars so assigned, and the board shall also have full power to regulate and control the admission of scholars to schools of a higher grade, according to age and attainments, and may admit scholars over twenty-one years of age, and may suspend, or authorize the local directors to suspend from the privileges of either of the schools, any pupil found guilty of disorderly conduct, which suspension shall not extend beyond the current session of the school.

SEC. 16. Whenever it shall happen that persons are so situated as to be better accommodated at the school of an adjoining township, or whenever it may be desirable to establish a school composed of parts of two or more townships, it shall be the duty of the respective boards of the townships in which such persons reside, or in which such schools may be situated, or of the townships or parts of which the school is to be composed, to transfer such persons for educational purposes to the township in which such school house is or may be located; but the enumeration of scholars shall be taken in each township as if no such transfer had been made, and such school when so composed shall be supported from the school funds of the respective townships from which the scholars may have been transferred; and the board of that township in which the school house is situated shall have the control and management of such school, and the board of the adjoining township or townships so connected for school purposes shall each make the proper estimates of their share of the expenses of every kind necessary' to sustain said school, and certify the same to the auditor of their proper county as part of their annual estimates for school purposes, and draw orders on their respective township treasurers for such sum as will be in proportion to the enumeration of scholars so transferred, in favor of the board of that township in which such school is located, to be appropriated to the payment of teachers, and for other purposes connected with the establishment or maintenance of said school as far as applicable.

SEC. 17. The said board shall have power to determine the studies to be pursued and the school books to be used in the several schools under their control, and shall make and enforce such rules and regulations relative to the use and preservation of the school libraries and apparatus as they may think advisable, and shall appoint, or authorize the local directors to appoint a suitable person to act as librarian and to take charge of the school apparatus, resident at some convenient place in the neighborhood where the school is kept, and may require such librarian to give bond for the faithful discharge of his duties, and allow him such compensation as they may think reasonable.

SEC. 18. It shall be the duty of the school teacher to make out and file with the township clerk at the expiration of each term of the school a full and comReport required plete report of the whole number of scholars admitted to the school of Teachers. during such term, distinguishing between male and female, the average attendance, the books used, the branches taught, the number of pupils engaged in the study of each of said branches, and such other statistics as he may be required to make by the township board or local directors, and until such report shall have been certified and filed by the said teacher as aforesaid, it shall not be lawful for said board or local directors to pay said teacher for his or her services. SEC. 19. The board of education in each township shall prepare or cause to be prepared and forwarded to the county auditor at the same time when the return of the enumeration of scholars is required to be made, a statement exhibiting the number of children in the township between the

Statement requir

ed of Directors,

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ages of five and twenty-one years, distinguishing between male and female, the number of schools, specifying the different grades, the number of teachers male and female, the number of children male and female who have attended school during the past year, the average attendance, the length of the terms of schools, compensation of teachers male and female, the number and condition of the school-houses and furniture and the estimated value thereof; the number and condition of the books in the school libraries; the number of libraries; the kind of school books used in the schools; the number and value of school apparatus, and a full account of the expenditures for school purposes, together with such other statistics and information in relation to schools as the State commissioner of schools may require.

SEC. 20. Each township board of education shall have power, as hereinafter provided, to establish in their respective townships such number of graded Central or High schools, or such modifications of them as the public interests may Schools. require; and in case of the establishment of such graded schools, it shall be the duty of the board so to classify the children of the township as to secure to all as far as practicable an equitable participation in the advantages thereof, and the board shall designate the sub-districts by numbering them, and schools of a higher grade than primary shall be known by the appellation of central or high schools.

SEC. 21. Whenever in the opinion of the board of education, it shall become necessary or desirable to provide one or more such central or high schools in their respective townships, the said board shall estimate the probable cost thereof, and call a special meeting of the qualified voters of the township and who are not residents of any of the territory or districts named in the first section of this act, over which the jurisdiction of the township and local directors is excluded, at the usual place of holding elections, first giving twenty days' notice of the time and object of holding such meeting, by posting the same in some public place in each of the several sub-districts of the township, in which notice the amount or rate of tax as estimated by the board shall be stated, and the electors when convened in pursuance of such notice shall decide by vote any questions which may be deemed important in relation to the cost and location of the building or buildings, or other provisions necessary for the establishment of any such school, and also the amount of township tax which may be levied for the purpose, and the chairman and clerk of the board shall be the chairman and clerk of the meeting, and the clerk shall record in the records of the board the action of the meeting, and the board shall be governed by the direction and vote of said meeting in relation to the subjects or matters so submitted.

SEC. 22. It shall be the duty of the board of education in any organized township of the State, annually, to determine by estimate as nearly as practicable, the Annual Estimates to be entire amount of money necessary to be expended in the township certified by the Board. for school purposes other than for the payment of teachers, and also such additional amount as the board may think necessary, not exceeding two mills on the dollar valuation of the taxable property of the township, for the exclusive purpose of sustaining teachers in the central or high schools, or for the purpose of prolonging, after the State funds have been exhausted, the terms of the several sub-districts or primary schools in the township, or for both purposes, as the board may adjudge best, which several amounts of money so estimated, the board shall make known by certificate in writing, on or before the first Monday in June in each year, including any tax which may have been voted by a special meeting of electors as provided in the preceding section, to the auditor of the proper county, who shall thereupon assess the entire amount

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of such estimates on all the taxable property of the township not included in any city or incorporated village or territory annexed thereto, forming any special district, to be entered by said auditor on the tax duplicate of the county and collected by the county treasurer at the same time and in the same manner as State and county taxes are collected; and when collected shall be paid over to the treasurer of the proper township on the order of the county auditor; and said county treasurer shall be entitled to receive for collection, one per cent. on all moneys by him collected for school purposes, and no more.

SEC. 23. The township board of education shall have power, when in their opinion justice and equity require it, to estimate separately the cost of purchasing a school house site and erecting or repairing a school house thereon, in any particular sub-district of the township wherein the inhabitants have not heretofore borne a reasonable share of the burden of taxation for such purpose in comparison with other sub-districts in the township, and certify such portion as they may deem just and equitable of the amount of such estimate to the county auditor of the proper county, together with a map of the lands and names of tax payers in any such sub-district, which amount so certified shall be assessed by the auditor on the property therein subject to taxation and placed on the county duplicate, specially, and be collected and paid over in the same manner as other school taxes, and be applied for the specific purpose of providing a school house in such sub-district.

Disbursement of
School Funds.

SEC. 24. All school funds which may come into the hands of the township treasurer, from whatever source, shall be paid out only on the order of the clerk of the board of education, under the direction of the board; except in paying teachers for their services, the said clerk may, on such teachers presenting their certificates of qualification, and depositing with the clerk true copies thereof, draw the requisite orders on the treasurer for such amount as may have been certified to be due by any two of the local directors of the proper sub-district in which the teacher was employed; and so much of the school moneys coming into the hands of the treasurer, as may be derived from the state tax, or from any township tax levied for the continuation of schools after the state fund has been exhausted, shall be applicable only to the payment of teachers in the proper township, and shall be drawn for no other purpose whatever; and all school funds made applicable to the payment of teachers only, shall be distributed to the several sub-districts and fractional parts thereof, in the township, in proportion to the enumeration of scholars, with the exception of so much of the township tax as may have been levied and reserved by the board for sustaining teachers in the central or high schools; and such school funds as arise from the sale or rents of sections sixteen, or other lands in lieu thereof, shall be distributed to the localities to which such funds belong. All other school funds of the township, not raised for the central or high schools, nor made applicable to the payment of teachers, as aforesaid, shall be applied, under the direction of the board, in repairing, building, or furnishing school houses, in procuring school house sites, and in making such other provisions for schools in the subdistricts of the proper township, as may in the opinion of the board be necessary; and each township board shall make the necessary provisions for continuing the schools in operation in their respective townships for at least seven months in each year.

SEC. 25. The clerk of the board of education or any one or more of the board designated for that purpose, or the acting manager of schools of the Division of Du- township, may do and perform all such duties and services connected with the interests of schools as the board may direct, and report the

ties and liability

of Clerk,

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same to the board for their action and approval; and it shall be the duty of the clerk of the board to keep a full record thereof in connection with the records of the other official proceedings of the board, and in case of failure to keep such record or other records required by this act, the clerk of the board shall be liable in a civil action for all loss or damages that may ensue to any person or persons or to the school district, in the name of such person or per sons, or board of school directors, as the case may be, and shall moreover be liable on complaint filed in the name of the State of Ohio, before any justice of the peace or other court having jurisdiction, to a fine not exceeding one hundred dollars, which, when collected, shall be paid over to the treasurer of the proper township for the benefit of schools.

Settlement with

SEC. 26. It shall be the duty of the board of education to make settlement with the township treasurer at their regular session in April annually; but if for want of time or other reason a settlement cannot be made at said Treasurers. session, then it shall be the duty of the board to appoint a committee composed of one or more of their own members to make such settlement as soon as practicable, and report the result to the clerk of the board, who shall record an abstract thereof in the records of the board.

SEC. 27. The township treasurer in each township shall be treasurer of all school funds for school purposes belonging to the township, arising from whatTreasurer and ever sources, and on his election and before entering upon the duties his Duties. of his office he shall give bond with sufficient security in double the probable amount of money that shall come into his hands, payable to the State of Ohio, to be approved by the trustees of the township, conditioned for the faithful disbursement according to law of all such funds as shall from time to time come into his hands, and on the forfeiture of such bond, it shall be the duty of the township clerk to prosecute and collect the same for the use of the schools in the township; if such township clerk shall neglect or refuse so to prosecute, then any freeholder may cause such prosecution to be instituted.

SEC. 28. Before the county auditor shall issue to the township treasurer any order on the county treasurer for the payment of any school funds belonging to the township, such township treasurer shall furnish the auditor with a certificate from the township clerk, that such treasurer has executed and filed with him a bond, as provided for in the foregoing section, and also stating the amount of said bond; and the auditor shall in no case permit the township treasurer to have in his hands at any one time an amount of school funds over one-half the amount of the penalty in such bond; and the township trustees shall allow the township treasurer a compensation equal to one per cent. on all school funds disbursed by him, to be paid on the order of the trustees out of the township treasury.

SEC. 29. The township treasurer shall annually between the first and twentieth of February, settle with the county auditor and account to him for all moneys received; from whom and on what account, and the amount paid out for school purposes in his township; the auditor shall examine the vouchers for such payments, and if satisfied with the correctness thereof, shall certify the same, which certificate shall be prima facie a discharge of such treasurer; and at the expiration of his term of service, said treasurer shall deliver over to his suc cessor in office, all books and papers with all moneys or other property in his hands belonging to said township, or the schools therein, and also all orders he may have redeemed since his last annual settlement with the county auditor, and take the receipt of his successor therefor, which he shall deposit with the township clerk within ten days thereafter, and for making such annual settlement

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he shall be entitled to receive the sum of one dollar, to be paid out of the county treasury on the order of the county auditor.

SEC. 30. In case the township treasurer shall fail to make such annual settlement within the time, as prescribed in the preceding section, he shall be liable to pay a fine of fifty dollars, to be recovered in a civil action in the name of the State of Ohio, and when collected, to be applied to the use of common schools in the proper township; and it is hereby made the duty of the county auditor, to proceed forthwith in case of such failure by suit against such treasurer, before any justice of the peace of his county, to recover the penalty aforesaid; but when it shall appear on trial to the satisfaction of said justice, that said treasurer was prevented from making such settlement within the time prescribed, by sickness, or unavoidable absence from home, and that such settlement has since been actually made, it shall be lawful for the justice to discharge such treasurer on payment of costs.

ored Children.

SEC. 31. The township boards of education in this State, in their respective townships, and the several other boards of education, and the trustees, visitors, Schools for Col- and directors of schools, or other officers having authority in the premises, of each city or incorporated village, shall be, and they are hereby authorized and required to establish within their respective jurisdictions, one or more separate schools for colored children, when the whole number by enumeration exceeds thirty, so as to afford them as far as practicable under all the circumstances, the advantages and privileges of a common school education; and all such schools so established for colored children shall be under the control and management of the board of education, or other school officers who have in charge the educational interests of the other schools; but in case the average number of colored children in attendance shall be less than fifteen for any one month, it shall be the duty of said board of education, or other school officers, to discontinue said school or schools for any period not exceeding six months at any one time; and if the number of colored children shall be less than fifteen, the directors shall reserve the money raised on the number of said colored children, and the money so reserved shall be appropriated for the education of such colored children under the direction of the township board.

Of Cities, and
Villages.

SEC. 32. Each city or incorporated village, including the territory annexed to the same for school purposes, not otherwise specially regulated by charter or governed as to schools by laws as specified in the sixty-seventh section of this act, and which, with the territory annexed, contains not less than three hundred inhabitants, shall be and hereby is created a separate school district; and the qualified voters of such city or village, with the territory annexed, shall at the same time and in the same manner that local directors of the sub-districts of the township are elected by the provisions of this act, proceed to elect three persons who shall constitute a board of education for such city or village with the territory so annexed, and such board shall have the same powers, perform the same duties and be subject to the same penalties as township boards of education: provided, that by agreement between the board of education of the township in which such city or village with the territory annexed may be situated, and the board of education of such city or village with the territory annexed, transfers of territory not within the limits of such corporation may be made to or from the districts provided for in this section.

SEC. 33. That said board of education in any city or incorporated village, shall be authorized, when they think it advisable, to divide such city or village into sub-districts; and they may establish schools of different grades, and ordain such rules and regulations for the government and discipline of such