certain and determine the amount justly due to such new district from any district or districts out of which it may have been, in whole or in part, formed, which amount shall be ascertained and determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts at the time of such division, and the fact that such school house or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof; Provided, That such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be adjusted as hereinafter provided.

Taxes cannot be levied on territory detached after taxes voted. 9, 337 (2 N. W., 712). Old district no authority to use funds set apart to new district. 4, 267. Where new district formed out of part of old, superintendent, must apportion the property before action will lie. 17, 177 (22 N. W., 360). Cited, 13, 170 (12 N. W., 921).

3519. If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new district shall be entitled as aforesaid shall be apportioned so as to come due in installments proportionately at such times as the original indebtedness shall become due to the creditors of the old district.

3520. The amount of such proportion, when so ascertained and determined, shall be certified by the county superintendent to the county clerk, who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the school house or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district.

3521. When collected, such amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a school house or other district purposes.

3522. Whenever, by the division of any district, the school house or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which such school house and site shall be located may, when ordered by the district, advertise and sell the same at public or private sale and apportion the proceeds; Provided, That when sold at private sale such sale shall not be binding until approved by the district interested.

3523. The money arising from the sale of school house and site, or otherwise, except teacher's fund, shall be divided among the several districts created in whole or part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division.

3524. Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the number of scholars in each district at the time of said division. The money designated in this and the preceding section shall be divided at once, and not in the manner provided in section eleven (11) of this subdivision.

3525. Whenever a new district shall be organized from the territory of a former district, and these shall be any indebtedness of such former district which shall not be bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of school house or other property, and such new district shall be entitled to only the value of its

proportionate share of such property after deducting its like share of such indebtedness.

3526. Every change in district boundary lines must be reported as soon as made to the county clerk and the county treasurer, by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed. *The county superintendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the county. Upon receiving said notification, it shall be the duty of the county treasurer to adjust the tax list of the county in accordance with the change of district boundaries, so that the uncollected taxes levied upon property that has been transferred to another school district shall, when collected, be placed to the credit of the district to which such property has been transferred.

*

All after added 1885, p. 321.

3527. Whenever a district is dissatisfied with the division of school property made by the county superintendent the points in dispute may be referred to three disinterested persons, no one of whom shall be a resident of either district interested in the matter at issue, one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final.

3528. The manner of proceeding shall be substantially as follows: The district desiring an arbitration shall make a demand in writing of the county superintendent within ten days after said superintendent has made his award. The county superintendent shall notify the other district or districts and direct them to choose arbitrators. The county superintendent shall appoint a time and place for the hearing, at which the arbitrators shall proceed immediately to hear and determine the matter at issue according to justice and right, taking all the circumstances into consideration.

3529. The award of arbitrators shall be in writing and shall be filed with the county superintendent, and shall be final; Provided, That if no award is made by the committee within thirty days from the day of arbitration, the division made by the county superintendent shall be legal and valid.

3530. The fees of such arbitration shall be as follows: Each person engaged as arbitrator shall receive two dollars per day during the time necessarily occupied, to be paid equally by the districts.

3531. That when persons living in two or more counties desire to form a school district, it shall be the duty of the superintendents of the respective counties to authorize the said persons to organize such district, and the reports contemplated in this chapter shall be made to the superintendents of each county, parts of which form the district, of such property or children as may be within the limits of each such organized county.

SUBDIVISION II.-DISTRICT MEETINGS.

3532. The annual school meeting of each school district shall be held at the school house, if there be one, or at some other suitable place within the district, on the last Monday in June of each year. The officers elected as hereinafter provided shall take possession of the office to which they have been elected upon the second Monday of July,* and the school year shall commence with that day.

Amended 1885, p. 322. *to* substituted for wording of original act, 1889, p. 542. Election cannot be adjourned. 15, 444 (19 N. W., 682).

3533. Special meetings may be called by the district board, or any one of them, on the written request of any five legal voters of the district, by giving the

notice required in the next succeding section; and in all notices of special meetings the object of the meeting shall be stated, and no business shall be transacted at such meetings except such as is mentioned in the call.

3534. All notices of annual or district meetings, after the first meeting has been held as aforesaid, shall state the day, hour, and place of meeting (which place shall be within the district), and shall be given at least fifteen days previous to such meeting by posting up copies thereof in three public places within the district; but no annual meeting shall be deemed illegal for want of such notice.

3535. Every person, male or female, who has resided in the district forty days and is twenty-one years old, and who owns real property in the district or personal property that was assessed in the district in his or her name at the last annual assessment; or who has children of school age residing in the district, shall be entitled to vote at any district meeting.

Amended 1883, p. 289; 1889, p. 542. This is not in conflict with constitution. Women are also eligible to office of school trustee. 15, 444 (19 N. W., 682).

3536. If any person offering to vote at a school district meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter, and if such person shall state that he or she is qualified, and the challenge shall not be withdrawn, the said chairman shall administer to him or her an oath, in substance, as follows: "You do solemnly swear (or affirm) that you are twentyone years of age, that you have resided in this school district for forty days last past, that you own real property in the district or personal property that was assessed in your name at the last assessment (or have children of school age residing in the district), so help you God." And every person taking such oath shall be mitted to vote on all questions proposed at such meeting.

per

3537. If any person so challenged shall refuse to take such oath, his or her vote shall be rejected, and any person who shall willfully take a false oath, or make a false affirmation under the provisions of the preceding section, shall be deemed guilty of perjury, and be punished accordingly.

3538. When any question is taken in any other manner than by ballot, a challenge immediately after the vote has been taken, and previous to an announcement of the vote by the chair, shall be deemed to be made when offering to vote, and treated in the same manner.

3539. The qualified voters in the school district, when lawfully assembled, shall have power to adjourn from time to time, as may be necessary, to designate a site for a school house, by a vote of two-thirds of those present, and to change the same by a similar vote at any *annual meeting; Provided, That in any school district where the school house is located three-fourths of one mile or more from the center of such district, such school house site may be changed to a point nearer the geographical center of the district by a majority vote of those present at any such school meeting.

3540. When no site can be established by such inhabitants aforesaid, the county superintendent of the county in which the district is situated shall determine where such site shall be, and his determination shall be certified to the director of the district, and shall be final, except that such decision may be changed by the county superintendent on a written request of two-thirds of the qualified voters of the district.

3541. The said qualified voters shall also have power, at any annual or special meeting, to direct the purchasing or leasing of any appropriate site, and the

"Regular" changed to annual, 1889, p. 513.

building, hiring, or purchasing of a school house, and the amount necessary to be expended the succeeding year, and to vote a tax on the property of the district for the payment of the same. Not to conflict with section 2.

Same change as preceding section, 1889, p. 543. School board cannot exceed authority conferred upon it by the district meeting in making expenditures for school house. 10, 242 (4 N. W., 1023.) Board cannot contract for new building only with reference to funds on hand. Money must 'be first collected before being appropriated. 4, 361.

3542. The legal voters at any annual meeting shall determine by vote the number of mills on the dollar of the assessed valuation which shall be levied for all purposes-except for the payment of bonded indebtedness and purchase or lease of school house-which number shall not exceed twenty-five (25) mills in any year. The tax so voted shall be reported by the district board to the county clerk, and shall be levied by the county board, and collected as other taxes.

3543. The legal voters may also, at such meeting, determine the number of mills, not exceeding ten mills on the dollar of assessed valuation, which shall be expended for the building, purchase, or lease of school house in said district, when there are no bonds voted for such purpose, which amount shall be reported levied and collected as in the preceding section; Provided, That the aggregate number of mills voted shall not exceed twenty-five (25) mills.

3544. The tax levied and collected, as provided by the preceding section, shall be expended under the direction of the district made at the annual meeting, or in absence of such direction then such tax thall be expended as the district board of the district may direct. Money remaining in the treasury after the purpose for which it was raised has been accomplished, and after all debts for which the fund is liable have been discharged, may be transferred to any other fund of the district at any district meeting.

Amended 1883, p. 290; 1889, p. 544.

3545. They may also determine at each annual meeting the length of time a school shall be taught in the district the ensuing year, which, to entitle the district to any portion of the state fund, shall not be less than three months by a legally qualified teacher in the district which has less than thirty-five pupils, nor less than six months in districts that have between thirty-five and one hundred pupils, inclusive, nor less than nine months in districts where there are more than one hundred pupils; and whether the money apportioned or voted for the support of the school therein shall be applied to the winter or summer term or a certain portion to each; Provided, That in case of epidemic sickness prevailing to such an extent that the school board in any district may deem it expedient to close any or all schools within their district, or if, on account of the destruction of the school house, it shall be impossible to continue the school, such closing of schools shall not prevent any district from drawing its proper share of the state apportionment. Such sickness or destruction of school house shall be sworn to by the district board, which oath shall be filed with the county superintendent within ten days after the annual school meeting.

Amended 1883, p. 290; 1889, p. 544.

3546. Said qualified voters shall also, at any annual or special meeting, authorize and direct by a two-thirds vote the sale of any school house, site, building or other property belonging to the district when the same shall no longer be needed for the use of the district; and when real estate is sold, the district may convey the same by deed, signed by the moderator of the district, and such deed, when acknowledged by such officer to be the act of the district, and may be recorded in the office of the recorder of deeds of the county in which the real estate is situated, in like manner as other deeds.

Amended 1889, p. 545.

3547. They may also give such directions and make such provisions as they shall deem necessary, in relation to the prosecution or defense of any proceeding in which the district may be a party, or interested.

SUBDIVISION III.-DISTRICT OFFICERS.

3548. The qualified voters of every new district, when assembled pursuant to legal notice, and all existing districts at their annual meetings, shall elect by ballot from the qualified voters of such district a moderator for three years, a director for two years, and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, their several successors shall be elected for the term of three years each, and all officers so elected shall hold their offices till their successors are elected or appointed, and qualified; Provided, That officers of existing organized districts shall continue and discharge the duties of their respective offices until the expiration of the same.

3549. When a new district is organized and officers elected at any other time than at the annual meeting, the time intervening between the date of such organization and the beginning of the next school year shall constitute the first year in the term of such officers.

Amended 1885, p. 322.

3550. Within ten days after their election these several officers shall file with the director a written acceptance of the office to which they shall have been respectively elected, which shall be recorded by said director.

3551. Every such school district shall be deemed duly organized when any two of the officers elected at the first meeting shall have filed their acceptance as aforesaid.

3552. In case the inhabitants of any district shall fail to organize the same, in pursuance of such notice as aforesaid, the said county superintendent shall give a new notice in the manner hereinbefore provided, and the same proceeding shall be had thereon as if no previous notice had been delivered.

13, 468 (14 N. W., 382).

3553. In all cases where the county superintendent of any county shall form a school district therein, and where no election for school district officers shall be held therein, it shall be the duty of the county superintendent of the county in which such district is situated to appoint the officers of such district from the legal voters thereof, which officers thus appointed shall severally file with the director a written acceptance of the offices to which they shall have been appointed, which shall be recorded by the director.

3554. Every such school district shall be deemed duly organized, whenever any two of the officers thus appointed shall have filed their acceptance as aforesaid, and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law.

3555. Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year.

13, 79 (12 N. W., 927).

3556. District officers appointed to fill vacancies shall hold their office until the *beginning of the next school year. Officers elected at a special meeting shall serve for the remainder of the unexpired term and until their successors are elected and qualified.

All after *, as it now reads, added 1889, p. 545.