for, or the change of the boundaries desired, with the reasons for the same. The county superintendent shall, after giving due notice to all parties interested, transmit the petition to the board of county commissioners, with his approval or disapproval, and such changes in the boundaries as he may deem necessary or advisable. The commissioners shall establish the district as approved by the county superintendent, provided, that by a vote of the board they may establish the district in accordance with the original prayer of the petition, or with such modification as they may choose to make, establish dis. Or may reject it. In any case of alleged hardship, any head of family, parent or guardian, may make Of transfer to a statement of the facts to the board of commissioners, and if, in the judgment of the board, good cause be shown for such transfer, he may be trans-ferred to another district. County com. missioners to trict. another district trict entitled to Sec. 17. No new district formed by the sub-division of an old one shall be entitled to any share When new dis- of the public moneys belonging to the old district, public moneys. until a school has been actually commenced in such new district, and unless within eight months from the action of the commsssioners a school is opened, then the action making a new district shall be void, and all elections or appointment of trustees made in consequence of such action, and all rights and offices of the parties so elected or appointed shall cease and determine; and all taxes which may have been Taxes of old levied in such old district shall be valid and binddistrict collected in new. ing upon the real and personal property of the new district, and shall be collected and paid into the school fund of the district. formed by di Sec. 18. When a new district is formed by the New district division of an old one, it shall be entitled to a just vision of old share of the school moneys to the credit of the old district, after the payment of all outstanding debts at the time when a school was actually commenced one. in such new district; and the county superintendent shall divide and apportion such remaining moneys, and such as may afterwards be apportioned to the old district, according to the number of census children resident in each district, for which purpose he may order a census to be taken. counties, clerk Sec. 19. Whenever a district is formed lying partly in two adjoining counties, the clerk of the district shall report to each county superintendent District partly the number of children in the district residing in in different his county. In the same manner the trustees and of district to reteacher shall make a distinct and separate report of all school statistics; and a teacher's certificate, granted by the county superintendent of one county, shall be valid for both counties. Sec. 20. The board of trustees of each school port, &c. property and school business district shall have custody of all school property be- Power of truslonging to the district, and shall have power in the tees as to school name of the district, or in their own names as trus- transacting tees of the district, to convey by deed all the interest of their district in or to any school-house or lot directed to be sold by vote of the district; and all conveyances of real estate made to the district or to the trustees thereof, shall be made to the board of trustees of the district, and to their successors in office. Said board, in the name of the district, shall have power to transact all business necessary for maintaining schools and protecting the rights of the district. Sec. 21. An annual school meeting for the election of school trustees and district clerk shall be Meeting for electing school held in each district on the last Saturday in August trustees. of each year, at the district school-house, if there be one, and if there be none, at a place to be designated by the board of trustees. The trustees shall post written or printed notices thereof, specifying the Notice of elec day, time, and place of meeting in at least three public places in the district, one of which shall be tion. Elections-how held. Qualification of electors. the school-house, at least six days previous to the time of meeting; but no such meeting shall be illegal for the want of due notice. All elections shall be held by ballot, and the trustees shall have power to determine the hours which the ballot box shall be kept open, having giving due notice thereof, in the posted notice of election. Every elector legally qualified to vote at any general election, being a resident of the school district and a taxable inhabitant thereof, shall be entitled to vote. Any person offering to vote may be challenged by any legally qualified elector of the district, and the chairman of the board of trustees shall thereon administer to the person challenged an oath, in substance as follows: "You do swear (or affirm), that you are a citizen of the United States, that you are twenty-one years of age, according to the best of your information and belief; that you have resided in this territory twenty days next preceding this election, and that you are a taxable resident of this school district, and that you have not before voted this day." If he shall refuse to take the oath, his vote shall be rejected; and any person guilty of illegally voting shall be punished as provided in the general election law of this territory. The trustees shall be the inspectors and Judges of elec-judges of election, and if they are not present at the time for opening the polls, then the electors present may appoint the officers of election. A poll and Manner of con- tally-list shall be kept by the clerk of the board of trustees, and, with the exceptions mentioned in this section, the election shall be conducted, as far as practicable, in the form and manner of the general election. Any one of the old trustees shall have power to administer to any trustees-elect the oath of office, and the clerk of election shall issue the certificate of election to any trustees-elect, who shall forward it, with the oath attached or indorsed thereon, to the county superintendent of public schools. tion. ducting. Term of office Sec. 22. In all organized districts in which elections have been previously held, one trustee shall be elected for the term of three years, and if there are of trustees. vacancies to be filled, a sufficient number to fill them for the unexpired terms; and the ballots shall specify the respective terms for which each trustee is to be elected. In new districts acting under trustees appointed by the county superintendent, three trustees shall be elected for one, two and three years, respectively. Trustees-elect shall take office immediately after qualifying, and shall hold office until their successors are elected and qualified, or appointed by the county superintendent and qualified. Any trustee-elect who shall fail to qualify within ten days after being elected, shall forfeit all right to the office, and the county superintendent shall appoint to fill the vacancy. special school Sec. 23. Whenever any new district is formed by ordinance of the board of commissioners, within When new disthirty days thereafter a special school meeting may trict formed be called by notice of any three legal voters of said meeting called. district, and such meeting shall be conducted in the manner and form prescribed in this act for the annual school meeting for the election of trustees. Such new district shall be considered organized whenever any two of the trustees elected shall have qualified; and the record of the district clerk shall be prima facie evidence of the legal organization of the district, and the district shall be designated by numbers. When polls to Sec. 24. No district school meeting, annual or special, shall be organized before nine o'clock A. M., Whee or closed before twelve o'clock M., or kept open less than one hour, and in all districts in which the number of youth and children between four and twentyone years of age equals or exceeds three hundred, the polls shall be kept open from two o'clock P. M., until sunset. clerk to keep record, &c. Sec. 25. It shall be the duty of the district clerk to record all proceedings of the board in a suitable Duty of district record-book; to record in the same book the proceedings of the annual school meetings, or of special school meetings, and to keep an accurate and detailed account of all receipts and expenditures of school moneys. At each annual (school) meeting the district clerk shall present his record-book for public inspection; shall make a statement of the financial condition of the district, and of the action of the trustees, provided, that the record shall be open to the inspection of the public. Powers and du trustees. Sec. 26. Every board of trustees, unless otherwise especially provided by law, shall have power, and it shall be their duty: First, to employ, and, for ties of school sufficient cause, dismiss teachers, mechanics, and laborers, and to fix, alter, allow, and order paid their salaries and compensation; second, to enforce the rules and general regulations of the territorial superintendent of public instruction for the government of schools, pupils, and teachers, and to enforce the course of study adopted in pursuance of territorial law; third, to provide and pay for school furniture and apparatus and such other articles, materials and supplies as may be necessary for school use or for the use of the school board; fourth, to suspend or expel pupils from school, and in cities or large towns to exclude from school (children) under six years of age, where the interests of the school require such exclusion; fifth, to rent, furnish, repair and insure school houses; sixth, to build or remove school houses, and purchase or sell school lots, when the trustees may be directed by a vote of the district so to do; seventh, to purchase personal property, and to receive, lease, and hold in fee, in trust for their district, town, or city, any and all real or personal property for the benefit of the schools thereof; eighth, to provide books for indi |