Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1829-02-27
AN ACT
FOR THE ESTABLISHMENT OF
FREE SCHOOLS.

Court and Court Of Appeal in each county, TO cause
their county to be divided into convenient school dis
trcts In making this division, it shall be general
regu alton, to form each district that the most re-
mote part shall be two miles about that distance
from the centre !; but this form and extent may be
varied from; to bound district by clearly defined
lines or to accommodate other districts, and dis
trict comprehendlnga town or part ol a town may
be OF such dimensions as shall be deemed Just, haV-
ing respect to thepopuation.
10 effect this division the said court in each coun-
ty shall at their meeting in March next. appoint five
commissioners, and they, Or majority Of them
acting together, shall divide the county aforesaid
Ii vacancy happen in the place of a commits
sioner, any Judge of the Supreme Court, or Court
OF Common Pleas of the proper County, shall fill
it, upon appl cation of the remaining commissioner
or commissioners and each and every of the COM
missoners appointed as aforesaid shall be sworn or
affirmed, to perform his duty with fidelity, which
oath or affirmation, may be administered by any
Judge or Justice Of the Peace Of their respective
counties.
The commissioners in each county, at the time of
dividing the county into districts, shall ascertain the
number Of schools in operation, the number Of
scholars taught therein, and the several sums paid
to the teachers, and shall form estimate of the
number of children in each district between the ages
OF live years and twenty one years, and shall make
return thereof, with with their doings under this
Act to the Clerk of the Peace of their county, who
shall also make thereof to the Trustee Of the
School Fund, to be by him laid before the General
Assembly in January next.
The commissioners in each county shall! meet at
the Court House of their county the first Mon
day of August next before which time they must
complete the duty assigned them. They shall form
board they may adjourn from day to day a
majority shall be- a quorum, but less plumber
may adjourn. This board shall have authority to
ply any deficiency and to alter Or form the bounds of
any district the said board shall cause return to
be drawn, describing all the districts, and mention
lng convenient place in each for the meeting OF
the School Voters and the said return shall be
signed by the commissioners majority of them,
delivered to the clerk of the peace for their coun
ty; and he shall it to be posted in one OF the
most public and suitable places in each district an
extract certified under his hand, from said return,
of the description of said district
The court aforesaid in each county shall meet at
the Court House of their county on the last Mon
day of August next, and shall examine the return
aforesaid, and shall hear any objections that may
be made and the said court, two thirds of the
members present concurrlng, may make any cor
rections or alterations of the said return, which
they shall consider proper for the more convenient
and Just division OF the county into School dis
trics. They may supply any deficiency by proper
insertions, which shall be deemed correction Of
the return. The school-districts, as the shall
stand upon the said return corrected or altered
by the said court shall be permanent. The said
court shall give to each district designation by
number, and shall appoint place in each Tor the
meeting Of the school voters; which number shall
be inserted in the return Immediately preceding the
description of the district, TO which it belongs, and
the place of meeting shall also be inserted in the
return Immediately following said description, and
shall he come cted with the description by such
words to be ineligible, which insertions shall be
deemed corrections by the said court. The said
court shall fair transcript to be made Of said
return as corrected and altered and said Transcript
shall be examined Ill the presence of said court and
atested By the clerk of the peace under his hand and
seal of office The said clerk shall enter the said
transcript, at large upon the minutes of the said
court the entry shall be deemed record. and an
office copy shall be evidence. He shall cause copy
of said transcript to be inserted in each of the news
papers printed in this State for two weeks in sue
cessIon the first insertion to be within ten days at
ter the atestaon of the transcript. He shall also
certify under his hand and seal of office to g the
Trustee of the fund for establishing Schools in the
State of Delaware" the number of scho0l-dstrcts,
and the part of the county, in which each number is
suated and it shall be The duty of the said Trus~
tee, to lay copy of the returns of the several clerks
of the Peace, in this State, before the General AS
sembly.
The court aforesaid in each county, two thirds of
all the members concurring. may, upon application.
make from time TO time alterations of schoods-
tricts. when such alterations shall appear expedient;
due regard being had to the convenencies and in
convenences to result therefrom But notice OF
the intended application to said court. and Of the
time aud place of making it, and OF the alterations
desired, shall he given by advertisements posted IN
four or more of the most public places in each dis
tict thai will be affected by the alterations twenty
DAYS before the application is made, or the court
shall not receive it.