reduced to three, no election for members of said board shall be held until the second annual school meeting held after the meeting at which it was determined to reduce the number of members of the board to three. At such second annual school meeting there shall be elected three members of said board to serve for one, two and three years respectively, and thereafter one member of said board shall be elected at each annual school meeting, in the place of the member whose term shall have expired, who shall hold office for the term of three years. Whenever a new township, incorporated town or borough school district shall be created, there shall be held, at the ensuing annual school meeting, an election for members of the board of education. Before proceeding to ballot for such members of the board of education the legal voters present shall determine whether the board of education shall consist of three, five or nine members. If it shall be determined that the board shall consist of three members, then said legal voters shall elect one member to serve for the term of one year, one for the term of two years, and one for the term of three years. If it shall be determined that the said board shall consist of five members, the said legal voters shall elect one member to serve for the term of one year, two for the term of two years, and two for the term of three years. If it shall be determined that said board shall consist of nine members, said legal voters shall elect three members to serve for the term of one year, three for the term of two years, and three for the term of three years. Annually thereafter there shall be elected a person or persons for the term of three years in the place of the member or members whose terms shall have expired. 88. (79.) An annual meeting for the election of members of the board of education shall be held in each township, incorporated town or borough school district on the third Tuesday in March at a schoolhouse or such other convenient public place within the district as may be Notices. Penalty for failure to post notices. Election by ballot. Ibid. Election, how conducted. Report of election and ballots to be deposited with county superintend ent. selected by the Board of Education. Not less than seven notices of such meeting, specifying the day, time, object and place thereof, shall be posted by the district clerk at least ten days before the date of such meeting; one of such notices shall be posted on each schoolhouse within the district, and at such other public places therein as the Board of Education of said district shall direct. Any district clerk who shall fail to post notices calling said annual meeting as required by this section shall pay a fine of twenty dollars, to be recovered in a court for the trial of small causes by any resident of said school district. A plurality of the votes cast shall be sufficient to elect a member of a board of education. (a) 89. (80.) All elections for members of such board of education shall be by ballot. The polls for such election shall remain open one hour and as much longer as may be necessary to enable the legal voters present to cast their ballots. Said ballots may be printed or written, or partly printed and partly written. In case a member of a board of education is to be elected for a full term, and a member is to be elected to fill an unexpired term, the ballots shall designate which of the persons voted for is to be elected for the full term, and which for the unexpired term. The chairman of the meeting shall appoint two tellers, who shall receive and count the ballots in his presence, and said chairman shall announce the result of such election. The secretary of the meeting shall keep a poll-list and record therein the name of each person voting at such election, and shall also keep a tally-sheet of the votes as counted by the tellers. The tally-sheet shall be signed by the chairman and tellers, and said tally-sheet, poll-list and ballots shall be placed by the secretary in a sealed package indorsed with the name of the district, the name of the county (a) School trustees are officers within article 2, paragraph of the constitution, so that, if they are made elective by the people, only male citizens can vote for them. State v. Deshler, Dutcher 177; Kimball v. Hendee, 28 Vr. 307. in which said district shall be situate, and the date on which said election shall have been held, and said package, together with a statement of the result of said elec-. tion signed by the chairman and secretary, shall be, by said secretary, forwarded to the County Superintendent of Schools within five days after the date of such election and the same shall be preserved for one year. 90. (81.) At any annual meeting when the question of raising a tax, the issuing of bonds, or the establishing of a union graded school is to be voted on, two ballotboxes shall be provided, and two tellers shall be appointed for each box. One of said boxes shall be used to receive the ballots for members of the board of education and the other to receive the ballots for the other objects enumerated in this section. of voters at school meetings. Ibid. 91. (82.) Every male citizen of the United States Qualifications who shall have the qualifications required for electors for the General Assembly of the State of New Jersey, shall have the right to vote at such meeting. Every female citizen of the United States of the age of twenty-one years and possessing the qualifications respecting residence required of male voters, shall have the right to vote at any annual or special school meeting of the legal voters of said school district for any purpose other than the election of members of the board of education. (a) 92. (83.) A member of a board of education shall be a citizen and resident of the territory contained in said school district, and shall have been such citizen and resident for at least three years immediately preceding his or her becoming a member of such board, and shall be able to read and write. He shall not be interested, directly or indirectly, in any contract with nor claim against said board. Qualifications of members of board of education. Ibid. Corporate name. 93. (84.) Each board of education elected as provided in this article shall be a body corporate, and shall be Chap. 174. (a) Women may vote at school meetings for all purposes except the election of officers. Landis v. School District, &c., 28 Vr. 509; Chamberlain v. Cranbury, 28 Vr. 605. See foot-note to section 88. P. L. 1909, Title to property vested in school board. Organization of school board. P. L. 1907, p. 283. Failure to organize. Vacancies. Oath. known as and called "the Board of Education of the 94. (85.) Each board of education created under the provisions of this article shall organize annually on the first Monday in April by the election of one of its members as president and another as vice-president. A president or vice-president who refuses to perform any duty imposed upon him by this act may be removed by the majority vote of all the members of the board. If said board shall fail to organize on said day, the County Superintendent of Schools shall appoint, from among said members, a president and a vice-president. In case the office of president or vice-president shall become vacant, the Board of Education shall, within thirty days thereafter, fill such vacancy for the unexpired term; and if it shall fail to fill said vacancy within the said thirty days, the County Superintendent of Schools shall fill such vacancy for the unexpired term. A member of such board of education shall, before entering upon the duties of his office, take and subscribe an oath, before any officer authorized by law to administer oaths, that he possesses the qualifications to be a member of said board prescribed there for in this article, and that he (a) A certiorari is not properly used to bring up the certificate of the name, &c., of a school district to enable the court to decide on the legal existence of such corporation. State v. Van Winkle, 1 Dutcher 73; State v. Donahay, 1 Vr. 404; State v. Brown, 2 Vr. 355. will faithfully discharge the duties of his said office. Said oath shall be filed with the district clerk of said board. (a) Powers of Appointment 95. (86.) The Board of Education shall have power: district I. To appoint a person to fill a vacancy in the Board boards. of Education, except a vacancy caused by a failure to to fill vacancy elect, but the person so appointed shall serve only until the next election for members of the Board of Educa tion. (b) (see section 30, division IV.). Employ II. To employ and dismiss principals, teachers, jani- teachers, etc. tors, mechanics and laborers, and to fix, alter and order paid their salaries and compensation.(c) III. To make, amend and repeal rules, regulations and Make rules. by-laws, not inconsistent with this act or with the rules and regulations of the State Board of Education, for its own government, for the transaction of business, and for the government and management of the public schools and the public school property in said district, and also for the employment and discharge of principals and teachers. (c) sell or lease IV. To purchase, sell and improve school grounds; to Purchase, erect, lease, enlarge, improve, repair or furnish school school-houses. buildings, and to borrow money therefor with or without mortgage; (d) provided, that for any such act it shall Proviso. (a) When a person who is elected to an office is required, before entering upon the discharge of the duties thereof, to take and subscribe an oath of a specified form, the taking of the oath essentially in that form is a condition precedent to his complete investiture into the office, and, in contemplation of law, is just as much a requisite to its enjoyment as the election itself. Hayter v. Benner, 38 Vr. 359. (b) The office of trustee is not vacated by an unaccepted resignation. Townsend v. School Trustees, &c., 12 Vr. 312. The general rule applicable to all public offices is that a resignation of office does not become complete until presented to the proper authority and accepted by it. In the absence of any specific rule prescribing to what authority a resignation must be presented, the proper authority to accept a resignation is that which has power to fill the vacancy. Fryer v. Norton, 38 Vr. 537. (c) See sections 7, div. VII, 116, 126, 140, 253, 286, 287, 288 and 289. (d) A board of education in seeking proposals for a contract to supply school furniture may lawfully delegate to a committee of its body the duty of preparing and submitting the specifications for such purpose, and of conducting negotiations for the contract; provided the proposals and the result of the negotiations are first reported to and considered by the board before final action in awarding the contract. Kraft v. Board of Education, 38 Vr. 512. |