Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-03-15
LAWS OF INDIANA.
AN ACI,

AN ACT
To PROVIDE Cor general system OF Common Sci OILS
the officers thereof and their respective powers al du-
ties and matters properly connected Herewith o. to
thereof
SEE l. Be il enacted bythe General Assembly the
Sateef Indiana, That there shall be annually as sed
and collected. the State and county revenues ar as
esed and collected the list Of properly taxahl for
State purposes, the Of ten cents on each one Jun
dred dollars worth Of property, and my cents or 'ach
POLL Prorded. however. that taxes aforesaid shalt not
be levied and collected from negroes nor mula'. ces,
shall their children be included IN any enuriert-
ton required by this act, entitled 10 the henehis
thereof
Sac >. The funds heretofore known and desgna Il a.
surplus fund fund apprh ria
ted 10 common schools the saline fund.- the bank tax nd
the fund which has been he derived from the sale
of the county Summaries and the property belonging
hero the monies and property heretofore held Tor such
Summaries all fines assessed for breaches of the penal
laws Of this safe. all forfeiture which may accrue. all
lands and other which shall escheat To the state
for want Of heirs kindred entitled % the Inheritance
all lans which have been may be hereafter granted
the State when special object = expressed ~ The
grant, and proceeds Of the sales thereof. including
the proceeds of the sales OF tho swamp lands granted To
the State Of Indiana by the Act Of Congress Of the 18th
September 1850, after dedueting the expenses Of select
and draining the same the taxes which may from time
time b assessed upon the property of corporations for
common school purposes, the fund arising from The
II4th section Of the charter OF the State Bank Of In
DIANA and unclaimed fees rs provided by law, shall be
denominated the common school fund, the income OF
which, together with the taxes mentioned aud specified
syey furnishing tuition in the common schools OF the
State.
SCR g. The several Of this shall be held
liable for the preservation Of much Of the said fund as
entrusted them. and FOR the payment of the annual
interest thereon Al the rate established by law
SEC. 4. Each cV township, i'm the several counties IN
this state. hereby declared township for school pur-
poses. and the trustees Of such townships. trustees for
school purposes and their clerk aud treasurer shall be
the clerk and treasurer for school purposes
SEC. ). The clerk shall keep record of the proceed
ins Of The eoard OF trustees and discharge such duties
as may from time u time he required Of him.
SEC. q. The treasurer shall give official bond for the
Of the township. 10 he approved by the board In such
sum and with such security the board may require;
which bond shall he filed in the office Of the Clerk of the
Circuit Court and 10y him shall be- recorded ia tie record
1T official bonds
Src = The Treasurer shall receive all ,nonoys belong
ing Wleh may he apporiioned Ia his township. and
pay out the under the orders Of the bond. tie shall
keep accurate accounts Of his receps and expenditures
and settle with the board at least In each year, and
a. often they require. And, upon the failure Of
any such treasurer discharge any of the duties enOn
ell on him by law, the trustees shall cause suit 10 be in
sttaied against him, his official bond; and in Of
reesfe against him. the Cour rendering Judgment
-isf~4~ upon the amount thereoften per cent dam
ages, u be included in said Judgment.
SEE. = The board of trustees shall take charge of the
educational Affairs Of the township. employ teachers, sub
jet la the provisions hereafter menii0ne and shah
tAblish and yenienty locate sufficient number Of
schools for the ed On of The children therein They
may also establish graded schools. such notifications
OF them- may be practicable.
SIT. .. They shall have power Ia levy tax in their
spectNe townships for the construction and repair of
school houses. and Tor the prov g OF urnrc ana tcl
herefr. such iaV shall exceed the oftweny
" five cents each hundred dollars OF properly
and hily cents each poll In any one year, and they
may credit each TAXPAYER upon such levy with two
thirds any paid donation made for the building
Of school houses within five wears prior la the taking eff
feet Of the Act Of 18th June, ls2 And they shall levy
pay due for the erection of school
houses which ia whole or In Part erected under
The proY OF aet entitled act 10 provide for
general AMI uniform system Of common schools, and
school libraries, AMI matters properly connected there
with. APPROX Ell June 18th 1859, And any taxpayer who
may choose 10 pay Ia the treasurer qf the township
wherein said taxpayer has property liable iQ aNatqh
any amount OF money, furnish building materials for
the eoI-lricion Of school houses furniture, or fuel
lhereibr shall entitled 10 receipt the trustees
of said township which shall exemId such payer from
ans further for said purposes until The taxes Of such
taxpayer levied for said purposes, would NOT thus paid
To the sum. value Of the materials lald-
Prorided that said building materials or furniture and
fuel shall only be received at the option Of the proper
township trustees
10. The trustees shall, before the twentieth
Ia, O September in each wear, make enumeration of
the children within their respective townships. disiin-
gushing sh0s between the ages of iye and twenty one,
aud the which such children belong, and eVclud
married persons, and al the time 81 making the trst
hereafter shall inquire Of the parents of
guardians Of such children Or persons having charge Oi
Ihei which school they desire 10 attach themselves,
AMI upon making their selection such persons shall be
considered s forming the district or association FOR so9i
PURPOSES OF the schOOtselectcd, and no one shall d. al
lowed thereafter attach themselves TO- or have the pri
vil ofany other school, hui BY ihe consent Of the rs-
tees. for good cause shown.
Src III. la mak Ing the enumeration of the children,
The trustee making the shall specify the congress
township ia which such children reside, and in
king report 0f Such enumeration, the number OF children
in each congressional township shall be set Oui which
report shall be fled with The proper county auditor
before ihe FIRST day of October IN each year
SEC. ~. When a congressional township l. located IA
Two counties, the number of children ia each
portion thereof in the several counties shall be furnished
the auditor OF the county where the account of the
congressional fund uf such township IS kept, be-
fore the said nrsi iAy 9i October III each AMI every
year.
the school OF adjoining township, the trustees of The
township in which such persons reside shall transfer
them for educational purposes to such adjoining town
ship, and notify the trustees thereof oi su transfer and
la any enumeration the children Of such ons shall be
regarded belonging io the township To which they have
been transferred. and such persons shall for educational
purposes BE- voters in such adjoining township only.
SEc. II. When persons have been So transferred 10 AN
adjoining township, the board of trustees Of The town
ship IN which they reside shall pay 10 the town
ship Ia which they have been transferred their pro-
poTtiOncd share Of the ayais of the Congressional
township fund, Ia which they may b. entitled, Tor their
dse.
Src. H. When a tax shall be lcyied for the purposes
hefcnbcipre mentioned ia any township, The trustees
iaiI make out and the county auditor list of
the persons who have transferred for educational
purposes adjoining township, and also Of such per-
may have been transferred from AN adjoining
township The township la which such tax i levied and
auditor Ia making the assessment Of such tax shall
exclude such persons may have been transferred from
the township, and include such persons may have
been transferred 10 il. but such assessment shall only
tend 10 the properly SITUATED within The township in
which such person resides.
SEf. l6 The county auditor shall take the assessment
of the property for State and county purposes, and shall
make The proper of the tax directed 10y the
township irnstees in the same for State and
county revenue, and shall add The amount Of said
his duplicate, ia appropriate column, and the taxes
shall he collected by the county treasurer s other
nus. and shall be paid to the township treasurer upon
he warrant Of the auditor.
SID ~. Each person transferred for educational pur
poses to township Of an adjoining county, shall pay
The treasurer Of such township when tax is levied
therein for the perpose aioSsai sum equal To the
levied, computing the SAINT upon the property such
person in the township where ne resides. according la
fault Of such payment shall b. debarred from educational
privileges in the township 10 which he may have been
transferred. and the trustees thereof shall nOn the
trustees OF the tOwn-hp IN which he resides Of such
clusiOn.
SEc H. When any board Of township trustees shall
neglect file with the county auditor enumeration OF
the children Of the township hereinbefore provided,
the coanty auditor shall within twenty days after first
Of October la each year. employ competent person
take The stne and allow reasonable compensation for
suchservice. and shall proceed 10 recover the same i'm
the nam. of the state of Indiana for the use of common
Schools by action against the said trustees in their ind
yidual capacity, and in such suit the audhor shall be
competent witness.
SEC 10. II tswnship fail discharge any of
the duties OF his Office, any person maintain an a.
against him for every such Onsc. la the name of
the State ot Indiana, and may recover for the OF
the school fund any SUN not exceeding dol
lars.
Sgc. ~. Amy person elected appointed township
trustee who shall fail qualify and serve as such sa
in preceding section for the therein named I'M
less such person shall have previously served as such
trustee.
SEC. "a incorporated towns and cities shall constitute
school corporations independent of the townships i'm
which they may be- situated and shall be entitled 10 The
proportional amount Of school funds which the num-
Der Of children between the ages prescribed by law will
ene tcn and shall by trustees elected by the people
officers appointed 10y the corporation perform ali
the duties required Of township rsIees and exercise all
the powers vested in sneh trustees prepare and file with
the county auditor all the reports required Of aud De
subject all the liabilities Of such They shall
have power establish graded schools, and generally Ia
do aud perform all other acts which by this act are a
horLcd be done and performed by township trustees;
Pro1ded, however, that in any school district W In
the limits Of suci city town shall have
contracted debts for school purposes, such city or town
shall make provisions for the payment thereof The
transfers may be- made for educational purpose.
the ncghhorhoOd Of any sGeh city town 10 scI
city or town. and the terms and conditions a.
hereinbefore provided IN relation 10 transfers from
one township To- another.
SEc - Township trustees and the town.
and cities, and sicers appointed by such towns and e
ties manage their educational concerns shall annual,
before the first day of October make a full stale
Of all their proceedings receipts and expenditure
Cor the year preceding, and shall the same Ia b,
published by posting the same in three public places II