OF FREE SCHOOLS.

school fund of the district and report the amount at the time Report to of the annual settlement to State Auditor.

Auditor.

teachers.

SECTION 5. It shall be the duty of every teacher em- Duty of ployed under the provisions of the general school laws to make out and hand to the commissioners of the district, at the end of each quarter, a report setting forth the whole num- Quarterly ber of pupils attending the school during the quarter, desig- report. nating whether male or female, the number of days each has attended, and an inventory of the books in the school belonging to the district, stating by whom such books are held, their condition and the number of and by whom books have been destroyed. Until such report shall have been made it When salshall not be lawful for the commissioners to pay such teacher withheld. his or her salary. The reports made in pursuance of this section shall be forwarded annually, in the month of April, by the clerks of the several districts to the county superintendents.

ary may be

to State

SECTION 6. The State Treasurer shall be allowed $500 Allowance annually for postage, stationery, clerical assistance, etc., to Treasurer. carry out the provisions of this act, and is authorized to pay out of the school fund of the State the amount necessary to print order books sufficient to supply one to each district in the State.

for colored

furnished.

SECTION 7. That the text books for the colored schools Text books of the State shall be ordered by the county superintendents schools, how of the respective counties through the county treasurer of each county. It shall be the duty of the county treasurer, upon the order of the county superintendent, to purchase and furnish text books to such colored school or schools as the county superintendent shall designate, and the county treasurer shall charge the same to the said school or schools, and deduct the amount thereof from the State appropriation due such school or schools.

teachers of

SECTION 8. That it shall be the duty of the teacher of Duty o each of the colored schools of the State at the close of their colored school year, and before their last month's salary shall be schools. drawn, to make out an inventory of the books in the school belonging to the State, and deliver such inventory with the books to the county superintendent, or such person as he shall designate, who shall receive and label the same "Property colored school, hundred," and deposit the same in his office. At the opening of the following

Compensa

tion of County

Treasurer.

Supervision

of colored schools.

County Sup

OF FREE SCHOOLS.

school year the county superintendent, or other person in possession of such books, upon receipt for the same, shall deliver the books belonging to the respective colored schools to the teacher of the school.

SECTION 9. The county treasurer shall receive as a compensation for his services in purchasing the text books for the colored schools the sum of $50.00 per annum, the same to be deducted out of the State appropriation for the colored schools of the county.

SECTION 10. The county superintendents shall have the entire management, control and supervision of the colored schools of this State. It shall be his duty, having due regard to the educational interests of colored children, to decide upon the location of colored schools, to appoint, after a careful examination, suitable teachers for the same and to draw upon the county treasurer for the money due monthly for the Authority of running expenses of those schools. His authority over said erintendents colored schools shall extend over those now governed under special acts of incorporation, and to this end the said county superintendents shall appoint all teachers for the said incorporated schools and fix their salaries; he shall draw from the county treasurer that portion of the State appropriation for colored schools belonging to the said incorporated schools and apply the same toward the payment of the salaries of the teachers of said schools in the same manner as in the payment of salaries of the teachers of other schools not incorporated. Appropria- The appropriation provided for in "An act to encourage the education of the colored people," passed at Dover, April 22, 1887, is hereby increased from the sum of six thousand dollars to the sum of nine thousand dollars per annum, the said sum of nine thousand dollars to be distributed in the same proportion and under the same conditions as the six thousand dollars referred to in the act above named; provided, however, that the State Treasurer shall pay, out of the said nine thousand dollars, to the State Board of Education, the sum of five hundred dollars per annum for a period of four years, the said five hundred dollars to be deposited in the Farmers' Bank at Dover to the order of the State Board of Education by its president and secretary, to be used as a fund for building, repairing, or furnishing school supplies under the direction of the said State Board of Education; provided, however, that the said State Board of Education shall appropriate no part of the said five hundred dollars to any locality

tion in

creased to

$9,000 per

annum.

How distributed.

Proviso.

Building

fund, &c.

OF FREE SCHOOLS.

for the purpose of erecting a new schoolhouse or other purpose unless the residents of that locality shall first raise among themselves for that purpose a sum equal to at least one-half the amount which the said State Board in its discretion shall agree to allow them. At the end of the said period of four years the remaining portion, if any, of the said building fund shall be returned to the State Treasurer and by him distributed in like manner as other funds belonging to colored schools.

erintendent

SECTION II. The county superintendents shall, after the county Supsecond Tuesday of April, 1891, before entering upon the to give bond duties of their offices, give bond to the State of Delaware, with sureties to be approved by the Governor, in the penalty of five thousand dollars. The condition of the bond shall be condition, that he shall well and truly account for all public money and for all school books or other property belonging to the State that may come into his hands, and the said bond shall be duly recorded in the office of the Secretary of State.

SECTION 12. In the month of June in each and every Settlement year the Auditor of Accounts shall settle with the county with Auditor superintendents, who shall render a full account for moneys paid to colored teachers or expended for colored schools, and present vouchers for the proper expenditure of the same. The county superintendents shall have no power to authorize or deputize other person or persons to discharge their duties in connection with said colored schools; and any money expended for colored schools by such agent, deputy or other person shall not be allowed the county superintendents in settlement.

be president

SECTION 13. That from and after the passage of this Governor to act the Governor of the State shall be a member of, and by State Board virtue of his office, president of the State Board of Educa- of Education in lieu of the president of Delaware College as now provided by law.

SECTION 14.

tion.

That none of the provisions of this act Act not apshall apply to the city of Wilmington.

SECTION 15. That any laws or parts of laws inconsistent herewith be and the same are hereby repealed.

plicable to Wilmington

school

SECTION 16. That on and after the passage of this act Annual the annual school meeting shall be held on the last Satur- meeting.

OF FREE SCHOOLS.

When held. day of June in each and every year, instead of the first Saturday of April as now provided by law, and all school commissioners, clerks, directors, or trustees now in office shall continue in office until the last Saturday in June, A. D. 1892, when vacancies shall be filled in the same manner as they now are at the annual meeting,

Terms of school

officers.

Assessing and levying

warrant,

SECTION 17. The time for assessing and levying taxes taxes, when. for any purpose in each school district or consolidated or incorporated district or districts in this State shall hereafter be in the month of July in each and every year, comCollector's mencing in July, 1892. The time for the execution and when issued. delivery of the collector's warrant with a duplicate of the uncollected assessment list shall be on the tenth day of August in each year or as soon thereafter as practicable, commencing, as aforesaid, on the tenth day of August, A. D., 1892. Between the determining of the rate and the tenth day of August in each year, as aforesaid, each taxable shall have the privilege of paying the amount of tax assessed against him, less the abatement, as now provided for by law.

Abatement of tax

when.

Settlement with school

SECTION 18. That on and after the year 1891 the annual committees settlement to be made with the school committees by the -when. Auditor of Accounts shall be between the first day of September and the first day of December in each year, due notice of the time of settlement to be given by said Auditor.

dents ex

Terms of SECTION 19. That the terms of the present county superCounty Superinten- intendents shall be extended until the second Tuesday in tended. July A. D. 1892, and thereafter their successors in office shall be appointed for the term of one year, commencing on the second Tuesday in July A. D. 1892.

Passed at Dover, May 13, 1891.*

The journals of the Senate and House of Representatives and the endorsements on the original bill, show that this act originated in the House, passed that body and was sent to the Senate; that there it was amended and returned to the House, where the amendment was concurred in. The journals further show that the bill was reported by the Enrolling Committee of the House as being properly enrolled, signed by the Speaker of the House and delivered to the Senate. The enrolled bill is endorsed as examined by the Enrolling Committee of the Senate and found correct. There is no record of the last-named committee having reported it to the Senate as duly enrolled. It was not signed by the Speaker of the Senate, was not returned to the House and was not delivered to the Secretary of State by the Speaker of the House. John Biggs, Attorney-General, being called upon by the State Treasurer for an opinion on the status of the bill, did, on the first day of July, give an official opinion that "this bill is a law."

OF FREE SCHOOLS.

CHAPTER 67.

OF FREE SCHOOLS.

AN ACT in relation to Legislation affecting the Free Schools of this State.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

transfers of

SECTION I. That from and after the passage of this act Petitions for no petition or bill for the removal or transfer of any prop- property, erty from one school district to any other school district shall be received or acted upon by the General Assembly or Levy Court unless the commissioners of both districts shall have had ten days' notice of the intention to apply for such Notice. removal.

intention to

SECTION 2. That from and after the passage of this act Notice of ten days' written notice of intention to apply to the Legisla- consolidate ture for the passage of any act consolidating school districts school disshall be given by the majority of the school voters to the commissioners of the districts to be consolidated.

trict.

petition for

ditional

money.

SECTION 3. That from and after the passage of this act Notice of no bill or petition asking for the raising of an additional raising adsum of money for any school district or consolidated or united districts shall be acted on by the General Assembly until the school commissioners or school board shall have had ten days' written notice of the intention to apply for the passage of such an act by the parties applying for the same.

acts re

SECTION 4. That all acts or parts of acts inconsistent Inconsistent with the provisions of this bill be and the same are hereby pealed. repealed and made null and void.

Passed at Dover, May 16, 1891.