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3557. No person holding a school district office shall be employed to teach in the district of which he is an officer, unless upon a petition signed by two-thirds of the legal voters of the district, which petition shall be filed with the papers of the district. *The contract of such officer shall be made by the other members of the district board.

291.

*Original act read "district in which he resides"; amended and all after * added 1883, p.

3558. Whenever a director or moderator refuses to sign orders on the treasurer, or the treasurer thinks best to refuse the payment of orders drawn upon him, the difficulty shall be referred for adjudication to the county superintendent, who shall proceed at once to investigate the matter, and if he finds that the officer complained of refuses through contumacy or for insufficient reasons it shall be the duty of the superintendent, on behalf of the district, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty.

SUBDIVISION IV.—DISTRICT OFFICERS, POWERS AND DUTIES.

3559. The moderator shall have power, and it shall be his duty, to preside at all meetings of the district, to countersign all orders upon the treasury for moneys to be disbursed by the district, and all warrants of the director on the county treasurer for moneys raised for district purposes, or apportioned to the district by the county superintendent; but if the moderator shall be absent from any district meeting, the qualified voters present may elect a substitute to preside at the meeting.

3560. If, at any district meeting, any person shall conduct himself or herself in a disorderly manner, and after notice of the moderator or person presiding shall persist therein, the moderator or person presiding may order him or her to withdraw from the meeting, and on his or her refusal may order any constable or any other person or persons to take him or her into custody until the meeting shall be adjourned.

3561. Any person or persons who shall refuse to withdraw from such meeting on being so ordered as provided in the preceding section, or who shall willfully disturb such meeting, shall, on conviction thereof, be fined a sum not exceeding twenty dollars, which fine shall be paid into the school fund of the district.

3562. The treasurer of each district shall, within ten days after the election execute to the county and file with the director a bond of not less than five hundred dollars in any instance, nor less than double the amount of money, as near as can be ascertained, to come into his hands as treasurer and at any one time, with sufficient sureties to be approved by the director and moderator, conditioned for the faithful discharge of the duties of his office; such bond when approved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond, his office shall be declared vacant by the district board, and the board shall immediately appoint a treasurer, who shall be subject to the same conditions and possess the same powers as if elected to that office.

Amended 1883, p. 291.

3563. It shall be the duty of the treasurer of each district to apply for and receive from the county treasurer all school moneys apportioned to the district or collected for the same by said county treasurer, upon order of the director, countersigned by the moderator, and to pay over on the order of the director, countersigned by the moderator of such district, all moneys received by him.

Treasurer can only draw money on warrant properly drawn and countersigned. 11, 285. (9 N. W., 45.) A school district has no authority to release its treasurer from liability for money lost or misapplied by him. 10, 296 (4 N. W., 1001).

3564. The treasurer shall keep a book furnished by the district, in which he shall enter all the moneys received and disbursed by him, specifying particularly the source from which the money has been received, and to what fund it belongs, and the person or persons to whom, and the object for which the same has been paid out. He shall present to the district, at each annual meeting, a report in writing, containing a statement of all moneys received by him during the preceding year, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, and at the close of the term of his office, shall settle with the district board, and shall hand over to his successor said books and all receipts, vouchers, orders, and papers coming into his hands as treasurer of the district, together with all moneys remaining in his hands as such treasurer.

3565. It shall also be the duty of the treasurer to appear for and on behalf of the district in all suits brought by or against the same, whenever no other directions shall be given by the qualified voters in the district meeting, except in suits in which he is interested adversely to the district; and in all such cases the director shall appear for such district, if no other directions shall be given as aforesaid.

Action must be brought in the name of the district, and not in that of the treasurer. 11, 285 (9 N. W., 45).

3566. Whenever by the failure of his sureties, or otherwise, the official bond of the district treasurer becomes in the opinion of the other members of the board insufficient to protect the district from loss, it shall be the duty of the director and moderator to demand additional security, or a new bond of the treasurer. If the treasurer refuse or neglect to procure a satisfactory bond and present it to the other members for approval within ten days after said demand, the said moderator and director may declare his office vacant, and proceed to call a district meeting to elect a new treasurer to fill the unexpired term; Provided, That nothing in this section shall be construed to interfere with the liabilities of principals and sureties in such bond, or the rights of sureties as defined by law regulating official bonds.

3567. The director shall be clerk of the district board, and of all district meetings when present, but if he shall not be present, the qualified voters may appoint a clerk for the time being, who shall certify the proceedings to the director to be recorded by him.

3568. The director shall record all proceedings of the district in a book furnished by the district, to be kept for that purpose, and preserve copies of all reports made to the county superintendent, and safely preserve and keep all books and papers belonging to his office.

3569. The director, with the consent and advice of the moderator and treasurer, or one of them, or under their direction if he shall not concur, shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing and shall have the consent of the moderator and treasurer, or one of them, endorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate shall be filed in his office; Provided, That if the director shall refuse to make and sign such contract when directed so to do by the moderator and treasurer, then it may be made and signed by the moderator and treasurer. The director shall notify the county superintendent at the time the contract is made of the length of the proposed term of school, when the school will begin, and of the name of the teacher. And no money belonging to the district shall be paid for teaching to any but legally qualified teachers.

*

All after* added 1883, p. 291. Director and treasurer may hire teacher without the assent of or notice to the moderator. 13, 69 (12 N. W., 829). Does not prevent party in proper case from bringing suit in his own name. 19, 565 (27 N. W., 638).

3570. Within ten days previous to the annual district meeting the director shall take the census of his district, and make a list in writing of the names of all the children belonging thereto, between the ages of five and twenty-one years, together with the names of all the taxpayers in the district. In case of the absence or inability of the director, such census shall be taken by the moderator or treasurer, or such person as they may appoint, and a copy of such list, verified by the oath of the person taking such census, by affidavit appended to or endorsed thereon, setting forth that it is a correct list of the names of all children belonging to the district between the ages of five and twenty-one years, and that it was taken within ten days preceding the annual meeting, shall be returned with the annual report of the director to the county superintendent; Provided, That in cities of the first and second classes thirty (30) days shall be allowed for taking said census. *Said census to be completed before July first.

All after* added 1889, p. 546.

3571. The director shall, with the concurrence of the moderator and treasurer, or either of them, provide the necessary appendages for the school house, and keep the same in good condition and repair during the time school shall be taught in said school house, and shall keep an accurate account of all expenses incurred by him as director. Such account shall be audited by the moderator and treasurer, and on their written order shall be paid out of the general school fund.

3572. He shall present at each annual meeting an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes, and for the payment of the services of any school district officer; but no tax for these purposes shall be voted at any special meeting. He shall also present to the annual meeting a statement of all orders drawn on the county treasurer, and the amount of each, and of all orders on the district treasurer, and the amount of each, for what purpose, and to whom given. * Before adjournment of each annual meeting the director shall read the minutes of the meeting and have the same corrected and approved by a majority vote of said meeting.

Amended and all after* added 1889, p. 546.

3573. He shall give the prescribed notice of the annual district meetings, and of all such special meetings as he shall be required to give notice of, in accordance with the provisions of this chapter, one copy of which for each meeting shall be posted on the outer door of the school house, if there be one.

3574. He shall draw and sign all orders upon the treasurer for all moneys to be disbursed by the district, and all warrants upon the county treasurer for moneys raised for district purposes, or apportioned to the district by the county superintendent, and present the same to the moderator, to be countersigned by him, and no warrant shall be issued until so countersigned. * No warrant shall be countersigned by the moderator until the amount for which the warrant is drawn is written upon its face. The moderator shall keep a record in a book furnished by the district, of the amount, date, purpose for which drawn, and name of person to whom issued, of each warrant countersigned by him.

All after* added 1883, p. 292. Treasurer cannot be compelled to respond to a demand made upon him for money, unless accompanied by an order drawn by the director and countersigned by the moderator. 4, 265. Subject to same defenses in hands of bona fide holder for value as against the payee. 4, 359.

3575. The director shall, within ten days after the annual district meeting, deliver to the county superintendent, to be filed in his office, a report under oath, showing the whole number of children belonging to the district between the ages of five and twenty-one years according to the census taken aforesaid; and any districtboard neglecting to take the enumeration and make return of the same shall be

liable to said district for all school moneys which such district may lose by such neglect. Within ten days after the annual district meeting the director shall report to the county superintendent, to be filed in his office, a report under oath, showing: First-The number attending school during the year under five, and also the number over twenty-one years of age. Second-The whole number that have attended school during the year. Third-The whole number in the district between the ages of eight and fourteen years, inclusive. Fourth-The whole number in the district between the ages of eight and fourteen years, inclusive, that have attended school not less than twelve weeks during the school year. Fifth-The length of time the school has been taught during the year by a qualified teacher, the length of time taught by each teacher, and the wages paid to each. Sixth-The total number of days all scholars between the ages of five and twenty-one years have attended school during the year. Seventh-The amount of money received from the county treasurer during the year, and the amount of money expended by the district during the year. Eighth-The number of mills levied for all school purposes. Ninth -The kind of books used in the school. Tenth-Number of children to whom text books are furnished, and kind of books. Eleventh-The amount of bonded indebtedness. Twelfth-Such other facts and statistics as the superintendent shall direct.

Amended 1885, p. 323; 1889, p. 547.

3576. For the purpose of attesting school reports and other purposes connected with the administration of the school law, county superintendents are hereby authorized to administer the required oaths.

3577. It shall be the duty of the director to furnish, for the use of the annual meeting each year, a statement of the aggregate assessed valuation of all property in the district, and the amount of taxes, as near as may be, that will be collected for the use of the district.

Amended 1889, p. 548.

SUBDIVISION V.-DISTRICT BOARD, POWERS AND DUTIES.

3578. The moderator, director, and treasurer shall constitute the district board, *and in all meetings of the board two members shall constitute a quorum for the transaction of business. Meetings of the board may be called upon the agreement of two members, but all members shall have notice of the time and place of meeting.

All after added 1885, p. 324. A contract made by persons calling themselves director and moderator of a school district is their individual contract, and not binding on the district. 4, 255 Cited, 11, 361 (9 N. W., 559).

3579. Immediately after the annual district meeting, and not later than the first Monday in July, said board shall make and deliver to the county superintendent, and also to the county clerk of each county in which any part of the district is situated, reports in writing, under their hands, of all taxes voted by the district during the current school year, to be levied on the taxable property of the district, and to be collected by the county treasurer at the same time and in the same manner as state and county taxes are collected; and when collected, to be paid over to the treasurer of the proper district on the order of the director, countersigned by the moderator of said district. It shall be the duty of the county clerk to levy such taxes, if voted according to law.

Amended and all after* added 1889, p. 549. Moderator may be compelled by mandamus to sign reports to clerk. 11, 361 (9 N. W., 559).

3580. The district board shall have the general care of the school, and shall have power to classify and grade the scholars in their district and cause them to be

taught in such schools and departments as they may deem expedient; to provide a course of study which may include all studies necessary for a first grade certificate; and to make such rules and regulations as they may think necessary for the government and health of the scholars.

Rewritten 1883, p. 293.

3581. Said board may also admit to the district school non-resident pupils, and may determine the rate of tuition of such pupils and collect the same in ad

vance.

All but first sentence of original section omitted 1883, p. 293.

3582. They may authorize or order the suspension or expulsion from the school, whenever in their judgment the interests of the school demand it, of any pupil guilty of gross misdemeanors or persistent disobedience, but such suspension shall not extend beyond the close of the term.

3583. They shall purchase or lease such site for a school house as shall have been designated by the district, in the corporate name thereof, and shall build, hire, or purchase such school house out of the fund provided for that purpose, and shall make sale and conveyance of any site or other property of the district, when lawfully directed by the qualified voters at any annual or special meeting.

Proviso of original act omitted 1885, p. 324.

3584. The district shall not in any case build a stone or brick school house upon any site, without having first obtained a title in fee to the same; and also that they shall not in any case build a frame school house on any site for which they have not a title in fee, without the privilege to remove the same when lawfully directed to do so by the qualified voters of the district at any annual or special meeting.

3585. The district board shall apply and pay over all school moneys belonging to the district, in acccordance with the provisions of law regulating the same, as may be directed by the district, but no school money apportioned to any school district shall be appropriated to any other use than the payment of teachers' wages; and no part thereof shall be paid to any teacher who shall not have received a certificate, as required in this chapter, before the commencement of his or her school.

3586. The said board shall have the care and custody of the school house and other property of the district, except so far as the same shall be confided to the custody of the director.

3587. Every school district office shall become vacant by the death, resigmation, or removal from office, or removal from the district of the incumbent, or by his absence from the district for a continuous period of sixty days at one time.

3588. The said board shall have power to fill by appointment any vacancy that may occur in their number, and it shall be their duty to fill such vacancy after its occurrence; Provided, That in case said board shall, from any cause, fail to fill such vacancy, the same may be filled by election at a special school district meeting called for that purpose, by the qualified voters present, which meeting shall be called in the same manner and be subject to the same regulations as other special school district meetings.

Amended 1889, p. 549. Appointment by one member of board not good, but if district permit such officer to act, district is bound by his deeds. 9, 55 (2 N. W., 235.)

3589. When by a division of a district no more than one officer is left in the old district, the county superintendent shall appoint to fill the vacant offices, suitable persons, who shall hold their offices until the second Monday in July after the next annual meeting, and until their successors are elected and qualified.

Amended 1885, p. 325.

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