one of which shall be on the school house door; but no such meeting shall be illegal for want of such notice in the absence of fraud; and the legality shall be determined, if called in question, by the county superintendent, whose decision shall be final. Such meetings shall have power to determine what branches in addition to those prescribed in Section thirteen (13) Chapter eight (8) of this act, shall be taught in their respective schools and at what time within the school year such school shall be held, and to direct such repairs as they may deem necessary in their school house, fixtures and outbuildings, and may petition the district school board for the removal of the school house to a more convenient location, for the erection of a new one or the sale of an old one and the lands belonging thereto; and upon any other subject connected therewith. And it shall be the duty of the member of the school board of such school to submit all such instructions to the clerk of the district school board within ten (10) days after such instructions have been given by the meeting. And it shall be the duty of the district board to carry into execution all such instructions pertaining to the branches to be taught and the time at which school shall be held; Provided, that it shall be the duty of the district board to furnish, equip and supply all the schools in the district according to the several necessities of said schools, and with as nearly equal school advantages as possible; Provided further, that nothing contained herein shall prevent the district board from exercising a sound discretion as to all matters pertaining to the duties of their office not specifically provided for in this act. § 2. DISCONTINUANCE OF SCHOOL.] The patrons of any school, or any school district board may petition the county superintendent for the temporary discontinuance of such school; said petition setting forth reason therefor and the remedy proposed, which shall be signed by a majority of the patrons or the school district board. Whereupon the county superintendent shall order a hearing thereon, giving out notice of time and place of such hearing to the patrons of the school and district board and if after such hearing he shall deem it to the best interests of said school and district, he may order the school therein discontinued and the pupils thereof transferred to some other school nearest the home of said pupils. § 3. THE ELECTORS MAY INSTRUCT BOARD.] In every district containing but one (1) school a majority of the qualified electors thereof shall at any regulary called district school meeting have authority to instruct the district school board concerning the management of the school and to levy taxes for the maintenance of the same; Provided, that such taxes shall be levied at the annual school meeting in July of each year, and shall not exceed two (2) per cent of the taxable property in the district; if any school district fails to hold in any school year, at least six months of school in any school house in said district, providing no legal discontinuance be had, it shall be the duty of the county superintendent to notify the county treasurer of the amount of money due said district from the apportionment fund for the quarter ending September 30th of the succeeding year, which amount shall be returned to the county general school fund, unless said district board made provisions for the instruction of the pupils for the required time in some other school. In case of failure in any district to levy a tax sufficient to support a school for the number of months above named, the board of county commissioners shall levy a tax on the property of the district that will be sufficient for the purpose; Provided, that such tax shall not exceed two (2) per cent of the taxable property in the district. § 4. CLERK SHALL NOTIFY AUDITOR ] It shall be the duty of the district clerk on or before the 20th day of July in each year to notify the county auditor of the amount of tax voted at the last annual meeting or levied by the district school board and of any and all other tax of which notice has not previously been given. The notice shall be substantially in the following form: District clerk's office.. School district No.... 189.... . County, South Dakota, .meeting of To the county auditor of.. Sir: You are hereby notfied that a. .. district No...... held on the......day of...... the following tax was voted for the coming school year: § 5. ACCOUNTS HOW KEPT.] All moneys apportioned by the county superintendent to the district or received from the district tax for tuition purposes shall constitute the tuition fund. All moneys received from other sources shall constitute the general fund. The treasurer shall keep one general account wherein he shall set down on the debit side all the money he shall receive as treasurer from all sources whatever, each item of entry showing plainly the source of the particular payment to him, with the date thereof, and he shall set down upon the credit side all the money he shall pay out for all purposes whatever; each item thereof showing to whom and for what purpose each payment was made with the date thereof. The total of the debit side shall always be balanced by the total of the credit side with the funds on hand added thereto. At the beginning of every school year he shall open such account anew for that year, and the first item shall be an entry on the debit side of the balance on hand, if any, for the preceding year. shall also keep a separate set of accounts of different classes of receipts and expenditures, showing severally the following: RECEIPTS. Amount received into the tuition fund from all sources. EXPENDITURES. Amount paid for tuition.... Amount paid for school houses, sites and furniture. Amount paid as interest on bonds. Amount paid upon debts and liabilities not included in other items...... The several accounts shall be separately kept, and not required to balance. The accounts for different classes of receipts shall be kept separately from the accounts of the different classes of expenditures; but every entry in each shall fully and clearly designate its source or purpose, with the dates. § 6. SCHOOL SITE.] The district school board shall purchase or lease such site for a school house as shall have been designated by voters at a district meeting in the corporate name thereof, and shall move any school house in the district to any site designated by the voters at any regular or special district meeting; and shall build, hire or purchase such school house as the voters of the district in the district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any school house or other property of the district, and if necessary, execute a conveyance of the same in the name of the district when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district. § 7. BOARD MAY TAKE LAND.] It shall be lawful for any board of district officers to take and hold any land not exceeding two (2) acres, situated on a section line or upon a regularly laid out highway, legally chosen as a school house site by a lawful district meeting. If the owner of such land refuses or neglects to grant such site to the district, or cannot be found, the superintendent of that county shall upon application proceed according to law to condemn and acquire title to the same in the name of said district; Provided, that no site shall be thus taken within forty (40) rods of any residence when the owner thereof objects to its being placed there, and not in any orchard, garden or public park. But this section shall not apply to any incorporated town. § 8. CONDITIONS.] The title acquired to such school site shall be for such purpose only, and if not used for the purpose of maintaining a public school thereon for two successive years the title shall revert to the original owner upon repayment of the sum paid with the value of improvements made by the district and without interest. § 9. REPORTS IN ENGLISH. ] All reports and records of district officers, and proceedings of district meetings shall be in the English language, and if any money belonging to any district shall be expended for supporting a school in which the English language shall not be taught exclusively, the county superintendent or any taxpayer of the district may in civil action in the name of the district recover said money from the officer so expending it. § 10. CLERK OF DISTRICT MEETINGS.] The district clerk shall be clerk of all district meetings, but if such clerk shall not be present, or being present shall refuse to act at such district meeting, the voters present may appoint a clerk for such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the clerk of the district. § 11. WEBSTER'S DICTIONARY.] The district school board shall provide for each school in the district one Webster's International dictionary. And they may also provide for each school other high grade library books and books of reference as they may deem for the best interests of the schools; Provided, said expense shall not exceed ten dollars for any school in any one year. And it is especially provided further that no school district board shall buy any apparatus, chart or similar device, unless said board is expressly authorized so to do by a majority of the school electors of such school district at a regular or regularly called special meeting thereof. § 12. CLERK SHALL DRAW WARRANTS.] The clerk shall draw and sign all warrants for the payment of money for the purpose legally ordered by the board, and every such warrant shall be countersigned by the chairman of the board. No warrant shall be drawn by the clerk except upon presentation of a bill for the service rendered, duly certified, and the same shall be retained by him as voucher and placed on file in his office. CHAPTER VI. TEACHERS AND SCHOOLS. § 1. TEACHERS-HOW EMPLOYED.] Teachers shall be employed only upon the exhibition of a teacher's certificate valid in the county where employed, and then only upon a written contract signed by the teacher and at least two (2) members of the district school board which shall specify the date at or about which the school shall begin, the length of time it shall con tinue, the wages per month, and the time of payment thereof, and said contract shall be signed in duplicate and one (1) copy filed in the office of the clerk and the other retained by the teacher. The following conditions shall be understood as forming a part of every such contract whether expressed therein or not: (1) The teacher shall not hold school upon any of the following legal holidays: The thirtieth (30th) day of May, the fourth (4th) day of July, the day appointed by the president of the United States for national thanksgiving, and the twenty-fifth (25th) day of December. But such days shall count as part of the term and the teacher shall be paid therefor, but such pay shall not be drawn for any Saturday or Sunday. (2) School shall be adjourned during the session of the county normal institute, when the teachers have been notified by the county superintendent. (3) Teachers shall receive into their schools pupils transferred thereto by order of the district board, or admitted by its authority. (4) Teachers shall send the notices, keep the proper entries in the register which shall show the grade in which each pupil belongs, the pupil's standing as shown by the examination and such other information as will assist the succeeding teacher in the conduct and management of the school, and make the reports required by law, and the county superintendent shall promptly furnish without cost to the teacher the blank forms for such reports, and the district board shall furnish for use the proper register prepared, so that the required facts and statistics can be kept in an orderly manner. (5) Teachers shall classify the work in their schools in accordance with the suggestions, grades and outlines as prescribed in the course of study recommended by a majority of the county superintendents of the state and the superintendent of public instruction, and shall hold examinations and make reports as prescribed therein. § 2. TEACHERS' REGISTER.] The board of every school district shall provide one (1) suitable classification school register for each school therein, and keep the same as part of the records of his office except during each term of school, when the teacher shall keep said register and record therein each day the attendance of each pupil and the absence of those enrolled, and all other items necessary for making the report in the next section required. § 3. TEACHERS SHALL MAKE REPORT.] Every teacher of a common school under this law shall at the expiration of each term immediately make out full duplicate reports and deliver one copy thereof with the school register to the school clerk, and one to the county superintendent. Such report shall show the names, ages and sex of all pupils admitted during such term, the branches taught, the studies pursued by each pupil, the text books used, the number of days taught, the number of days each pupil was present, the average daily atten |