Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-03-27
LAWS.
LAWS OF INDIANA.

Wlths ana Tor the establishment ana regulation OF
township libraries, aud TO repeal all laws ineonsist-
cut theicwiih.
SECTION l. BE enacted bB the General assembly 9Th,
Stis 81 Eiaae, That there shall be annually ASSESSED
aud collected, stats and county assessed
and collected the list Of taxable property for state
purposes, and on taxable polls such sums rs may
b. required by law; Proridsd, holrereT, That the
taxes aforesaid shall not be levied and collect
ed from negroes nor mulattoes nor shall their children
be included in any enumeration required by this act
nor entitled to the benefits Of said tax.
SIC 2. The funds heretofore known and designated
the surplus funds, all funds heretofore APP
prOpriaed to Common schools, the Saline Fund, the
Bank Tax Fund, the fund which has be n may be
derived T. ON the sale Of county seminaries aud the
properly belonging thereto the moneys and property
heretofore held for such Summaries all fines assessed
for breaches If the penal laws Of this STATE all forfeit
which my accrue, all lands and other estate which
shall esehea to the State for want Of heirs OF kindred
entitled TO the inheritance, all lands which may have
been may be hereafter granted 10 TIE state, when M
special object expressed the grant aud The proceeds
of the swamp lands granted to the state of Indiana by
the act OF Congress OF tho 2Sh # September 1900 al
ter deductng The expenses Of selecting and draining
the same, the taxes which may from time 10 time be
assessed upon the properly of corporations for Com
School purposes, the fund arising from the llfth
section of the charter of the State Bank of Indiana,
shall he denOminsied the Common School Fund, the
income of which, together with the taxes mentioned
and specified in the first section OF fhis act and the
money and income derived from licenses for The sale Of
intoxicating liquors. and unclaimed fees, provided
by law, shall he denominaed the Common Scho"i rev
enue for tuition; the whole of which is hereby apprO
priated and shall be applied exclusively furnishing
tuition in the Common schools of the State without
any deduction for the expense OF collection or dbure
ment.
src g. The several counties of this state shall be
held liable for the preservation Of much of said fund
as or may been entrusted them, and for the
payment of the annual interest thereon at the rate
tabshed by law and the payment OF interest shall be
the Auditors report Superintendent OF Public
Instructions and the superintendent of Public Instruc
tion shall at any time when he discovers from the
port that there is deficit i'm the amount collected Tor
want of prompt collection, direct the attention of the
Board Of County commissioners and the County Audi
to that fact and said Boards OF County Commission
hereby authorized and required 10 provide for
such deficit ia their respective counties.
SEC. 4. Each civil township, and each Incorporated
city the several counties Of the State is
hereby declared distinct corporation for school pur
poses and the trustees for such townships and the
trustees provided for the next section of this act,
shall, for their respective township town city, be
trustee and perform the duties Of clerk and treasurer
sec j. The Lawful voters of the several incorporated
and cities Of The State SHALL at their next regu
lar oIporation election and bennally thereafter,
elect for the corporation school trustee who SHALL be-
fore entering upon the duties cf his office, take and
subscribe oath AMI give bond similar tn the onth
and bond required Of the township trustee, both 81
which shall lie disposed of in the same manner which
is provided for the disposition vi the oahs and bonds
Of township trustee Prorided, That nothing herein
contained shall be construed to prohibit incUrpO
rated cities aud towns from eecting than
for school purposes and the said cities and
towns shall have power accordance with their Or
special charters, To direct nease more than
elected, which one shall he treasurer for
school purposes aud said treasurer shall lie governed
by all the provisions of this act.
SEC 6. The County Auditor, in fixing the penalty
and approving and accepting the bonds of any such
trustees, shall see to their suiheiehey 10 secure inc
School which into their hands,
well the ordinary township or other revenues; and
in of vacancy in the Office OF trustee The County
Audtorshall appoint to I'LL the same o shall
take oath and give bond provided ia the last pre-
ceedng section and said Auditor shall report 10 the
superintendent OF Public Instruction the names and
post office address of each trustee.
SEC. The trustee, treasurer, shall receive all
school belonging
city. which may be- apportiuned TO 1t by the state
for the supper; of schUOls, and pay cut the Tor
the purposes for which they collected OrappOrion
ed he shall keep accounts of his receipts and
expenditures, and settle with the Board OF county
Commissioners least once in each year, aud as much
ottcner they may require, and On such settlement,
such trustee shall render account current with the
proper Vouchers and his charge for services in wri
ting which account, vouchers and charges shall te
lhed 10y affidavit, and upon failure oil slcn treasurer
10 discharge any of the duties required OF him 10y law
relative to the schools and school revenues, the Board
ufcOunty shall suit t. be instituted
against him his official bond; and in Of recov-
cry against him, the court rendering the Judgment
shall upon the amount thereof ten per cent.
damage. TO be included IN said Judgment
SEC. g. The Justices shall keep record Of their pro-
ceedings relative to the schut including all orders and
allowances ON account Thereof insulting also
all receipts and expenditure of school REVENUE dstln-
gushing between tine special school revenue belonging
To their township town "r city, and the school revenue
for tuition wieh belng TO the State and by II appor
toned to their township town or city Tor tuition,
which revenue they snail not permit 10 be expended
for any other purpose than tuition, nor even 1Vr iaat
purpose IN advance Of its apportionmcnt TO their re-
SEC .. The trustees shall take charge of the educa-
tOna affairs of their respective townships, towns aud
cities, employ teachers subject TO the hereln-
after eniiOned, and shall establish ami vcnenily 10
cate sufficient number OF schools for The education of
the children therein, and build otherwise provide suit
able hOes furniture and apparatus for sad schools
They may also establish graded schools OF such modlc-
t"ns of them may be practicable and provide for ad
mission into the higher departments Of graded school
from the primary schools Of their townships such pu-
pills sufficiently advanced for such admission
They shall have the care and management OF all prop
erty, real PERSONAL belonging To their respective cor
pvraiOns for common school purposes except the Con-
gressional township school lands which lands shall be
under the and management of the trustee OF the
civil township in which such lands situated.
SEC. TO- All schools in township shall be taught an
equal length Of time, without regard TO the diversity
in the number of pupils at the several schools or the
cost OF the school, and each of said schools shall be
numbered by the proper trustee as School number -
SEC H. The trustees Of the several townships, towns
AID cities shall have power, with the concurrence of
the board of commissioners of their respective countless
70 levy special tax in their respective townships,
towns Cities for the construction, renting or repair
ing of school houses and for providing furniture and
school apparatus and fuel therefor and for the pay
ncnt of oher necessary expenses thereof except for tut
ton; but such tax shalt exceed the sum Of twenty
five cents each hundred dollars worth OF taxa
BILE property and fifty cents each poll, in any
year. And any Taxpayer who may choose to pay TO
the treasurer Of the township town city wherein
said Taxpayer has pruperty liable to taxaiion any
amount vi money, furnish building materials for the
construction of school houses furniture fuel there
for shall lie entitled to receipt therefor from the trustee
TAXPAYER from any further taxes FOR said purposes
until the taxes of such payer levied for said
poses woull if not thus paid amount TO the sum or
value %: the materials furnished, amount aid
PrOcided That said building materials, furniture and
fuel shall be received at the option of the said trustee
SEC. H. The trustee sha between the fir-t of July
and the first of September i'm each year, make
meraon of the children within their respective town
ships towns or cities, between the ages of FIVE and
twenty years, and excluding married persons. In
making said enumeration. the trustee shall list the
names OF the parent guardian or head Of family having
charge of such children, and against each name, in all
prOpriate columns he shall the whul number of
such children in charge of the person named the
Der Of males, the number of females, the number of the
school district which such person is attached for
school poses and shall designate 10y numbers and in
iils the Congressional township in which such person
resides, including in said list and enumeration the
and children of such persons have been trans
ferred to their township, town city, from adjoining
territory, and excluding therefrOm the and chill
dren Of such persons have been transferred from
their township. town city, adjoining territory.
And upon the first enumeration after the taking effect
OF this act the trustee taking the shall enquire Of
all persons having charge of the children thus enume
rated to which school they desire to attach themselves;
and upon making their selection. such persons, to-
gciher with the legal voters hereinafter provided ior
shall be considered forming the district association
for school purposes Of the school selected, and
shall be allowed thereafter TO attach themselves to-
have the privilege Of any other school, but by the
sent Of the trustee for good cause shown; Preceded,
that at subsequent enumcrgiODs the inquiry
shall be made OF each person having charge OF children,
whose residence has been changed, whose children
have liable he enumerated for the first time
since the last previous enumeration; AHd Prored fur
thcr, that nothing in this act shall be construed
deny Iersnns the privilege Of attending the public
schools, account OF their being moe than twenty
years of age; ARd Iorded further that any legal
voter whether having the charge of children moi,
may attach himself TO any school 10y making request
therefor upon the trustee at any time before cusing the
enumeration.
SEc. H. All persons attached to the district for school
purposes, including widows who have charge of chill
dreu, (and all Legal voers) who may have attache
themselves such district at the time of the
tion, shall lie voters at all school meetings
SEC. II. When pcrs MS can te better accommodated
M the school OF adjoining township, incorporated
city, the trustee OF the township, t.wn city
i'm which persons reside SHALL il such persons
request the time Of making the enumeration, trans
fer them for educational purposes, {. such township,
city, aud notify the trustee thereof of steh
transfer, which shall furnish he
the children Of the persons transferred. And each
trustee shall with his report Of the enumeration,
port Is the persons transferred from. his
townships city, for school purposes, indicating
in said report the number Of children in charge Of the
persons transferred with the particularly that