New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-24

such decision. or the making of such order.
appeal therefrom to the Superintendent OF
the proper district.
The basis of the proceeding shall be an
affidavit, fled by the party aggrleyeo witn
the Division Superintendent, within Inc
time allowed for taking the appeal;
The affidavit shall set forth the errors
complained OF in q plain ana concise
manner.
The Division Superintendent shall. wltnln
five days after the filing such affidavit IN his
Office, notify the Secretary OF the proper dls'
trict, in writing, of the taking OF such appeal.
And the latter shall, within ten days after
being thus notified. file in the office OF the
Division Superintendent. complete trans
crjpt of the record and proceedings relating
to the decision complained Of, which trans
cript shall be certified to be correct by the
Secretary
After the filing of the transcript aforesaid
in his Office, he shall notify in writing all
persons adversely interested, of the time
and place where the matter OF the appeal will
be heard by him.
At the time thus fixed for hearing, he
shall hear testimony for either party, and
for that purpose, may administer oaths II
necessary and he shall make sucn decision
as may be just and equitable, which shall
be final uniess appealed from, as hereinafter
provided.
An appeal may be taken from the decision
OF the Division Superintendent to the State
Board OF Education IL the same manser as
provided In this act for taking appeals from
the decision of the District Board OF School
Directors to the Division Superintendent as
nearly as practicable, except that he shall
give thirty days notice of appeal to the Dl-
vision Superintendent, and the like notice
shall DE given the adverse party. And the
decision when made, shall be final pro-
vided, that, in cases which may arise when
the State Board of Education are not In ses-
sion, such appeal may be taken to the Su-
perintendent of Public Education, who may
decide the appeal, subject to the revision OF
che State Board of Education at Its next
meeting.
| Nothing in this act shall be so construed
| as to authorize either the Division SUperln-
! tendent or the State Board OF Education to
render ajudgment for money; neither shall
| they be allowed any other compensation
than is now allowed by law; provided, that
| all necessary postage must nrst be PAID oy
| the party aegrieVed.
SEC. so. Be it further enacted, etc,
| That where lands shall be required for the
| erection of schoolhouse. or for charging
| schoolhouse lot, and the owner Thereon
| shall refuse to sell the same for reasonable
| compensation, the District Board OF School
| Directors shall have the power to select and
| possess such sites, embracing space suit.
GENTLY extensive to answer the purpose OF
schoolhouse and grounds. Should such
lapdholder deem the sum assessed too
small, he shall have the right to institute
suit before any proper judicial tribunal for
| his claim but the title shall pass from him
t. the school corporation.
No person shall hold any office under the
provisions of this act unless he Is qualIhoi
voter Of the State.
A failure onthe part of any district. parish
or State officer to perform the duties I'M
| posed upon him in this act. and In the
manner herein specified. is hereby declared
| a misdemeanOr in Office, upon conviction
whereof such officer shall be punished by a
fine not less than fifty and not exceeding
one hundred dollars, and by Imprisonment
| in Parish Prison for term OF not less than
| thirty days, and not exceeding three
months. All prosecutions for otfenses
against this section shall have precedence
over all other cases before any justice OF the
peace, or Parish or District Court.
Nothing in this act shall be construed to
apply to the State Seminary of Learning and
| Military Academy, it being the true intent
and meaning of this act tO!leave that instl-
tuition to be controlled by laws heretofore
enacted concerning it.
He shall make provision for model, prlm
arv, and grammar schools under permanent
| and highly qualified teachers, in which the
portunity to practice in the art OF teaching.
| The salary of the teachers of the model
| and experimental schools shall be paid from
| the tuition fees derived from the pupils OF
said model schools, and those of the Normal
School who pay for their tuition; and any
balance that may be required shall be paid
by the State Board Of Education out OF the
public fund.
SEC. 81. Be it further enacted, ETC., That
| in case any District Board Of School Direc'
tors, for any ward or any parish city or town
or if the annual meeting OF the qualified cleo
tors of any such district shall refuse or fal
to make suitable provision by purchase
lease or otherwise, tor at least one schooi
house in each district, to be used for schoo
purposes at least four months in each year
and for the suitable furnishing and warming
of the same, or to levy sufficient tax fol
these purposes, no apportionment.o of any
school fund made to such district by thu
State Superintendent of Public Education
or by any other officers. under this act, shall
be paid by any State. parish or city trea-
surer to the Board OF District School DIrec
tors for such district.
1t shall be the duty Of the Superintendent
of Public Education to notify the prope
treasurers of any such delinquent districts
and such notification shall be the authorit!
of such treasurer for the withholding of suct
payments.
| SEC. 81. BE 1t further enacted, etc., ina
it. in any parish, before the month of De
cember, in the years 1870 and 1871, tn
several District Boards of School Director
| shall have failed to establish at least on
school in a district. in One.half OF the dis
tricts of the parish, the Parish Board o
> School Directors are hereby empowered t.
make provisions for schools IN the district
for which schools have not been provided
and for that purpose, after apportlonlnn!
to the districts which may have estab
!. Iished schools their proportion OF tn
parish school tax, said parish board ma.
direct the expenditure OF the remalnde
upon the schools established by said board
|, SEC. SO. Be it further enacted, etc., Tina
in the years eighteen hundred and sevent
, and eighteen hundred and seventy one
whenever, in any parish, any or all OF tn
!, school districts shall fail to levy sufhclen
, tax, and make suitable provision for at leas
!, one schoolhouse in the district, and Tor tn
!, payment of teacher Ter at leaat tW
: months, or when, in any or all OF said schoo
!, districts, the District Directors shall hav
!, , failed to qualify and enter upon the dutle
of their offices before the first day of DeceIn
. Der in each or either of said years, the Stat
!, Superintendent may, upon the written re
port of the Parish Board of School Direct
l ors, setting forth the facts above named
direct the State Treasurer to withhold tn
apportionment of the State school fund fror
said district or districts. and direct him t
, pay the same to the treasurer of the Paris
Board of School Directors of such parish
and such parish Board shall proceed t
, establish and conduct and maintain publ
. schools in such district or districts, and ma
| avnand the finds from the State or paris