of examiner may be revoked. auditor shall appoint some suitable person, resident of the township or school district, to make such report, who shall receive his compensation in the same manner for said service as is allowed to those officers by law, for like services. SEC. 6. That section forty-four of said act shall be so amended as to read as follows: Sec. 44. It shall be the duty of the probate judge, in the several counties of this state, as soon after the election of school officers, under the provisions of this act, as practicable, to appoint a county board of school examiners, to consist of three competent persons, resident in the county, who shall hold their office for the term of two years, and until Appointment their successors are appointed: provided, the said probate judge may at any time revoke the appointment of any school examiner, upon evidence being filed with him, that said examiner is guilty of immorality of conduct, or habitual neglect of duty; and said probate judge shall forthwith give said examiner written notice of his action, setting forth in said notice the reasons therefor; and all vacancies in said board which may thereafter occur, whether from expiration of the term of office, refusal to serve, or otherwise, shall be filled by like appointment by said judge; and it shall be the duty of the probate judge, within ten days after the appointment of school examiners, to report the names and residence of the appointees to the state commissioner of common schools. Names of ap- cants for teacher's certificate. -the same to be paid over to county treasurer. SEC. 7. That section forty-five of said act be so amended as to read as follows: Sec. 45. It shall be the duty of the examiners to fix upon the time of holding meetings for the examination of teachers, in such places in their respective counties as will in their opinion best accommodate the greatest number of candidates for examination; notice of all such meetings having been published in some newspaper of general circulation in their respective counties; and at such meetings, any two of said board shall be competent to examine applicants and grant certificates; and as Fees of appli- a condition of examination, each male applicant for a certificate shall pay the board of examiners a fee of fifty cents, and each female applicant a fee of thirty-five cents; and all the money received by the examiners on said fees, shall be paid over quarterly to the county treasurer, with a statement of the number of applicants, male and female, examined; and all money so paid over to the county treasurer by the board of examiners, shall, after paying, on the order of the county auditor, the necessary traveling expenses of said examiners, and the cost of revenue stamps for certificates, be set apart as a fund for the support of teachers' institutes, as hereafter provided in this act, and shall be used for no other purpose: provided, that the number of meetings held by said board of examiners for the examination of teachers, shall not, in any one year, exceed eighteen. No certificate of qualification shall be valid in any county except that in which the examination took place, nor for a longer period than two years, nor for a less period than six months; and if at any time the recipient of the certificate shall be found incompetent or negligent, the examiners, or any two of them, may revoke the same, and require such teachers to be dismissed; but such teachers shall be entitled to receive payment for services only up to the time of such dismissal; and no person shall be employed as a teacher in any primary common school, unless such person shall have first obtained from said examiners, or any two of them, a certificate of good moral character, and that he or Fund for than six cate. Certificates issued by local she is qualified to teach orthography, reading, writing, arithmetic, Requirements geography, English grammar, and possesses an adequate knowledge of for a certifithe theory and practice of teaching; and in case such person intends to teach in any common school of higher grade, he or she shall first obtain a certificate of the requisite qualifications in addition to the branches aforesaid; and no certificate issued by county examiners, or by the local board of examiners in any city or town of the state, organized and governed by the provisions of this act, or any other act, shall be valid, unless such certificate contain a statement of the time during which it shall be valid; and it shall be unlawful for any board of education, clerk or recorder, of any city, town or township of the state, to draw an order on the treasurer for the payment of a teacher for services, unless said teacher shall have first filed with said board of education, clerk, or recorder, a legal certificate of qualification, or a true copy thereof, covering the entire time of the services for the payment of which such order is drawn. SEC. 8. That section forty-six of said act be so amended as to read as follows: Sec. 46. The said board of examiners shall appoint one of their number to serve as clerk, who shall keep a record of their proceedings, noting the number and date of each certificate given, to whom, for what term of time, for what branches of studies; and said board may make all needful rules and regulations for the proper discharge of their duties. board must be finite time, given for a de When orders for teachers' pay are ille gal. Examiners' annual report to school commissioner. The members of the board shall be entitled to receive each two dollars Examiners for every day necessarily engaged in official service, to be paid out of allowed two the county treasury, on the order of the county auditor, exclusive of dollars a day. blank books and stationery, which the county auditor shall furnish; and the county auditor may require the accounts, when presented, to be substantiated on oath, which said officer may administer and file in his office. It shall be the duty of the clerk of said board of examiners to prepare and forward to the state commissioner of common schools, on or before the first day of October, a statement of the number of examinations held by the board, the number of applicants examined, the number of certificates granted and for what length of time, the amount of fees received and paid over to the county treasurer, the amount received of the county by the board for their services, and such other important statistics and information in relation to their duties as the commissioner of common schools may require. In case the clerk shall fail to make Penalty such annual statement, it shall be the duty of the county auditor to deduct from his annual allowance or compensation for his services, the sum of fifteen dollars. It shall further be the duty of the local board of examiners, in any city or town, to make annually, to the commissioner of schools, such a statement of their proceedings as is required of county examiners. examiners by the provisions of this section. SEC. 9. That section sixty-one of said act be so amended as to read as follows: Sec. 61. The local boards of education, or other school officers having charge of common schools, are hereby authorized and required, in order to secure the preservation of said books, to collect and consoli against clerk of board. Report required of local date them into one central library, and to provide for the same a suit- Central town able book-case, with lock and key, and to make all other arrangements ship libraries. necessary for the safe keeping of the books: Provided, that when the people of the sub-districts desire a distribution of the books to said sub-districts, and responsible persons therein are willing to act as libra distribution of books to sub-districts. Conditions of rians, a portion of the books in the central or township library may be divided and distributed to said sub-districts; but the books so distributed shall be returned to the central library within six months thereafter, when another division and distribution of the books may be made. The township or local boards of education shall have power to keep said libraries in good condition, with the original number of books-to prescribe the time of taking and the period of returning the books to the libraries, and also to assess and collect the damages which may be done to the books by persons entitled to their use, and also to provide for the safe-keeping of the school apparatus; and said boards of education shall be held accountable for the preservation of the libraries and apparatus committed to their care and keeping. Libraries to be kept in good condition. Board ac countable for their preservation. All treasurers must file certificate of bond with County auditor. SEC. 10. It shall be the duty of the treasurer of any school district in the state, or the treasurer of any board of education of any city or town, under any law of the state, to furnish the auditor of his county with a certificate from the clerk, recorder, or board of education, of such city, town, or district, stating that said treasurer has executed and deposited the requisite bond, and stating also the amount of such bond, as is required by the provisions of this act, of township treasurers; and the auditor shall in no case permit said 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 it shall be the further duty of said treasurer to make an annual settlement with the Annual settle- county auditor, and to prepare and forward to him an annual statement of the receipts and disbursements of school funds, as is required by this act, of township treasurers. ment and re port. of clerk and treasurer. Members of SEC. 11. Township trustees may allow the township clerk the same Compensation compensation out of the township treasury for preparing the annual returns of the board of education to the county auditor, and for issuing orders upon the township treasurer for the payment of teachers, and other similar clerical duties, as is allowed for other services of like nature; and boards of education in cities and towns, under any law of the state, may also allow the clerk and treasurer of said board a reasonable compensation for the discharge of those duties for which township clerks and treasurers are allowed compensation by the provisions of this act; but it shall be unlawful for any member of any board of education, organized under any law of this state, to receive any compensation for his services as member of said board, or to apply any money coming into his hands, for the benefit of schools, to his own use; and any person violating either of the provisions of this section, shall be liable to be prosecuted therefor, in a civil action to be instituted in the name of the state of Ohio, before any court having competent jurisdiction, and if found guilty in such action, shall be ordered and adjudged by such court to pay any sum not less than the amount of the compensation so unlawfully received, or the money so unlawfully applied, not exceeding twice any such sum; and all moneys collected under the provisions of this section shall be paid into the treasury of the township in which the action shall have originated, for the use of common schools in the township board not entitled to compensation. Penalty. How appointed. SEC. 12. It shall be the duty of the state commissioner of common schools to appoint a state board of examiners, to consist of three competent persons, resident in the state, who shall hold their office for two years, and until their successors are appointed; and all vacancies in said board which may thereafter occur, by death, resignation, or otherwise, shall be filled by appointment, by said commissioner, for the un ed. expired term. The state board of examiners thus constituted are To whom state hereby authorized to issue state certificates of high qualification to such certificates may be grantteachers as may be found upon examination to possess requisite scholarship, and who may also exhibit satisfactory evidence of good moral character, and of eminent professional experience and ability. All certificates issued by said state board of examiners shall be countersigned by the commissioner of common schools, and such state certificate Valid in any shall supersede the necessity of any and all other examinations of the county or dispersons holding them, by county or local boards of examiners, and such certificates shall be valid in any county, city, town, or school district of the state during the life-time of the holder, unless revoked by said state board of examiners. Each male applicant for a state certificate Fees. shall pay to the board of examiners a fee of three dollars, and each female applicant a fee of two dollars. the SEC. 13. In every county of the state in which an association of teachers of common schools, called a teachers' institute, has been or may hereafter be formed, the treasurer of said county is hereby required to pay over to the committee of said institute, upon the order of the county auditor, such sum of money belonging to the fund arising from the means and sources as provided in the seventh section of this act, as may not have been previously appropriated: Provided, that no part of money shall be ordered by the county auditor to be paid over, except upon the petition of at least forty practical teachers, resident of the county, who shall therein declare their intention to attend such institute; and it shall be the duty of the officers of every such teachers' institute to report, within thirty days after every meeting of the same, to the state commissioner of common schools, the number of teachers in attendance, the names of the instructors and lecturers, an account of the moneys received and expended by them, and such other information relating to the institute as the school commissioner may require. trict. Fund for teachers' institute to be paid over on petition of forty teachers. Report to school com missioner required. Fund paid SEC. 14. When an association of teachers of common schools, called a teachers' institute, has been formed by the teachers of two or more contiguous counties, it shall be the duty of the auditor and treasurer of each of the counties so united, to appropriate money for the support of such institute, from the same funds, and in the same manner as is required in the preceding section: Provided, that no such appropriation shall be made except upon the petition of at least thirty practical teachers, resident of the county, who shall declare their intention to attend the meeting of said institute; and the officers of said institute shall make a full report of the proceedings of the same to the Report. commissioner of common schools, as is required of the officers of county institutes. over on petition of thirty teachers. school month. SEC. 15. A school month shall consist of four weeks, and it shall Length of be the duty of boards of education, and other local school officers, in making the annual returns of statistics to county auditors, required by this act, and the acts to which it is amendatory, to report the length of the terms of schools in weeks and fractional parts thereof. SEC. 16. The board of education of any city or incorporated village, organized and governed as to schools by the provisions of this act, or the acts to which this is amendatory, and which with the territory annexed contains not less than one thousand inhabitants, shall have the authority to exclude from the common schools in such city or village all children under the age of six years. SEC. 17. That sections twenty-two, twenty-eight, twenty-nine, thirty-one, forty, forty-four, forty-five, forty-six, and sixty-one of "an act to provide for the reorganization, supervision, and maintenance of common schools," passed March 14, 1853, sections six and eight of "an act to amend and supplementary to the act aforesaid," passed April 17, 1857, section four of "an act prescribing the rates of taxation for state, county, township, city, and other purposes," passed April 30, 1862, and "an act to prohibit members of boards of education from receiving compensation for their services," passed April 29, 1862, and that so much of section nine of "an act prescribing the rates of taxation for state, county, township, city, and other purposes, passed April 30, 1862, as reads as follows, to wit: "That the amount of taxes hereafter to be assessed to defray the expenses for school and school-house purposes, shall not in any one year exceed two and onehalf mills," be and the same are hereby repealed. SEC. 18. This act shall take effect and be in force from and after its passage. JAMES R. HUBBELL, Speaker of the House of Representatives. President of the Senate. March 18, 1864. 59 0. L. 3. What notes state and county treasurers shall re AN ACT To amend the fifth section of an act entitled "an act to authorize the banks temporarily to suspend specie payments, and to receive and pay out United States demand notes," passed January 16th, 1862. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the fifth section of an act entitled "an act to authorize the banks temporarily to suspend specie payments, and to receive and pay out United States demand notes," passed January 16th, 1862, be amended so as to read as follows: Sec. 5. The notes of the United States, the notes of the solvent national banks organized under the act of congress, approved February 25, 1863, and the notes of solvent banks of this state, shall be received ceive and pay by the several county treasurers, and the treasurer of state, and the same disbursed by them, in payment of all legal demands on state and county treasuries. out. SEC. 2. That original section five, which by this act is amended, be and the same is hereby repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. JAMES R. HUBBELL, Speaker of the House of Representatives. March 21, 1864. President of the Senate. |