such special act, and become part of the school township in which it is situated, and subject to the control of the trustees thereof, under and according to the provisions of this act.

Upon petition of fifty voters of such city, town, township or district, presented to the board having control and management of schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town or township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "Organization under the Free School Law;" which notice may be in the following form, to-wit:

Public notice is hereby given that on the............... .day of..... A. D. an election will be held at between the hours of .M. and...... M. of said day, for the purpose of deciding the question of "Organization under the Free School Law.”

§ 16. If it shall appear, on a convass of the returns of such election, that a majority of the votes cast at such election are "For Organization under the Free School Law," then at the next ensuing regular meeting of the board of trustees of the township or townships in which such city, incorporated town, town ship or district is situated, said trustees shall proceed to redistrict the township or townships as aforesaid, in such manner as shall suit the wishes and convenience of a majority of the inhabitants in their respective townships, and to make a division of funds and other property in the manner provided for by section 63 of article III of this act, and on any Saturday thereafter there shall be elected, in each of the new districts so formed, a director, directors or board of education, as the case may be, in the manner provided for in section 6 of article V of this act, and thereafter such districts shall proceed as other districts under this act; but all subsequent elections of directors or boards of education shall be conducted as provided in sections 5 and 8 of article V of this act.

*

§ 17. In cities having a population exceeding one hundred thousand inhabitants, from and after this act shall take effect, the board of education shall consist of twenty-one members, to be appointed by the mayor, by and with the advice and consent of the common council, seven of whom shall be appointed for the term of one year, seven for the term of two years, and seven for the term of three years: Provided, however, that in such cities wherein there is now a board of education, holding their office by appointment, such officers shall continue in office until the time at which their terms would have expired under the law in force at the time of their appointment. At the expiration of the term of any members of said board, their successors shall be appointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by the appointment of the mayor,

*See further provision in act approved June 2, 1891.

with the approval of the common council, for the unexpired term: And, provided, further, that from and after this act shall take effect there shall be appointed by the mayor, by and with the advice and consent of the common council, six members, two of whom shall be appointed for the term of one year, two for the term of two years, and two for the term of three years. [As amended by act approved June 22, 1891.

§ 18. Any person having resided in any such city more than five years next preceding his appointment, shall be eligible to membership of such board of education.

§ 19. The said board of education shall appoint a president and secretary, the president to be appointed from their own number, and shall appoint such other officers and employés as such board shall deem necessary, and shall prescribe their duties and compensation and terms of office.

§ 20. The said board shall provide well-bound books, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas and nays shall be taken and entered on the records of the proceedings of the board upon all questions involving the expenditure of money.

§ 21. The said board of education shall have charge and control of the public schools in such cities, and shall have power, with the concurrence of the city council –

First-To erect or purchase buildings suitable for schoolhouses, and keep the same in repair.

Second-To buy or lease sites for school-houses, with the necessary grounds.

Third-To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing sites for the same, and to provide for the payment of said bonds; to borrow money for school purposes upon the credit of the city.

§ 22. The said board of education shall have powerFirst-To furnish schools with the necessary fixtures, furniture and apparatus.

Second-To maintain, support and establish schools, and supply the inadequacy of the school funds for the salaries of school teachers from school taxes.

Third-To hire buildings or rooms for the use of the board. Fourth-To hire buildings or rooms for the use of schools. Fifth-To employ teachers and fix the amount of their compensation.

Sixth-To prescribe the school books to be used, and the studies in the different schools.*

Seventh-To lay off and divide the city into school districts, and from time to time to alter the same and create new ones, as circumstances may require, and generally to have and pos

*See act concerning alcohol and narcotics, approved June 1, 18-9.

sess all the rights, powers and authority required for the proper management of schools, with power to enact such ordinances as may be deemed necessary and expedient for such purpose. Eighth-To expel any pupil who may be guilty of gross disobedience or misconduct.

Ninth To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the school may, in their opinion, require such removal or dismission.

Tenth-To apportion the scholars to the several schools.

Eleventh-To lease school property, and to loan moneys belonging to the school fund.

§ 23. It shall be the duty of such board of education— First-To take the entire superintendence and control of the schools in such cities.

Second-To examine all persons offering themselves as candidates for teachers, and when found well qualified, to give them certificates gratuitously.

Third To visit all the public schools as often as once a month. Fourth-To establish all such by-laws, rules and regulations for the government and for the establishment and maintenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary.

Fifth-To determine from time to time, how many and what class of teachers may be employed in each of the public schools, and employ such teachers and fix their compensation.

Sixth-To take charge of the school-houses, furniture, grounds and other property belonging to the school districts, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated.

Seventh-To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to the said districts.

Eighth To inquire into the progress of scholars and the government of the schools.

Ninth To prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner.

Tenth To prescribe what studies shall be taught, and what books and apparatus shall be used.

Eleventh-To report to the city council, from time to time, any suggestions they may deem expedient or requisite in relation to the schools and the school fund, or the management thereof, and generally to recommend the establishment of new schools and districts.

Twelfth To prepare and publish an annual report, which shall include the receipts and expenditures of each school, specifying the source of such receipts and the object of such expenditures.

Thirteenth-To communicate to the city council, from time to time, such information within their possession as may be required.

§ 24. None of the powers herein conferred upon the board of education of such cities shall be exercised by them except at a regular meeting of such board.

§ 25. All conveyances of real estate shall be made to the city in trust, for the use of schools, and no sale of real estate or interest therein, used for school purposes, or held in trust for schools, shall be made except by the city council, upon the written request of such board of education.

$ 26. All moneys raised by taxation for school purposes or received from the State common school fund, or from any other source for school purposes, shall be held by the city treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants to be countersigned by the mayor and city clerk.

§ 27. Said board of education shall not add to the expenditures for school purposes anything over and above the amount that shall be received from the State common school fund, the rental of school lands or property, and the amount annually appropriated for such purposes. If said board shall so add to such expenditure the city shall not, in any case, be liable therefor. And nothing herein contained shall be construed so as to authorize any such board of education to levy or collect any tax upon the demand, or under the direction of such board of education.

§ 28. All schools in such cities shall be governed as hereinbefore stated, and no power given to the board of education shall be exercised by the city council of such city.

SECTION 1. No teacher shall be authorized to teach a common

school under the provisions of this act who is not of good moral

character, at least eighteen years of age, if a male, or seventeen years of age, if a female, and who does not possess a certificate of qualifications as hereinafter provided for: Provided, that in any county in which a county normal school is established, under the control of a county board of education, the diplomas of graduates in said normal school shall, when directed by said. board, be taken by the county superintendent as sufficient evidence of qualification to entitle the holder to a first grade certificate; but such diplomas shall not be sufficient after two years. from such graduation.

§ 2. The State Superintendent of Public Instruction is hereby authorized to grant State certificates to such teachers as may be found worthy to receive them; such certificates shall be of two grades, and both shall be valid in every county and school district in the State. The higher grade shall be valid during the lifetime of the holder, and the lower grade shall be valid for five years. But State certificates shall only be granted upon. public examination, of which due notice shall be given, in such branches and upon such terms and by such examiners as the State Superintendent and the principals of the State universities may prescribe. Said certificates may be revoked by the State Superintendent upon proof of immoral or unprofessional conduct.* [As amended by an act approved April 28, 1893.

§ 3. It shall be the duty of the county superintendent to grant certificates to such persons as may, upon due examination, be found qualified. Said certificates shall be of two grades: those of the first grade shall be valid in the county for two years, and shall certify that the person to whom such certificate is given is of good moral character, and is qualified to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, the elements of the natural sciences, the history of the United States, physiology and the laws of health. Certificates of the second grade shall be valid for one year, and shall certify that the person to whom such certificate is given is of good moral character, and is qualified to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, and the history of the United States:* Provided, that teachers exclusively teaching music, drawing, penmanship, book-keeping, German or any other special study shall not be required to be examined except in reference to such special study; and, in such cases, it shall not be lawful to employ such teachers to teach any branch of study except such as they have been examined upon and which shall be stated in the certificate. The county superintendent may, in his option, renew said certificates at their expiration by his endorsement thereon, and may revoke the same at any time for immorality, incompetency, or other just cause. Said certificates may be in the following form, viz.:

* See act concerning alcohol and narcotics, approved June 1, 1889.