Expenses incurred in OF FREE SCHOOLS. poses," passed at Dover, March 26, 1891, be and the same is hereby repealed, and that all actions, elections of school commissioners, locating a site for a new schoolhouse and laying out the same, and all proceedings under said act are by this act made null and void. SECTION 2. That all expenses incurred in drawing the original act, act hereby repealed, the cost of procuring a certified copy of how paid. said act from the Secretary of State, the compensation to the commissioners to locate the site of the new schoolhouse, the expenses of survey, plot, and return, the cost and expenses of drawing this act, and all expenses incurred under said act hereby repealed, shall be paid one half by School District No. 19, and the other half by School District No. 115, out of any money belonging to said districts respectively. School commissioners. School meeting. SECTION 3. That the school commissioners in either of said school districts who were entitled to hold over at the school meetings on the first Saturday in April, 1891, shall hold over and continue in office as if said act of consolidation, passed at Dover, March 26, 1891, had not been passed. SECTION 4. That the commissioners, clerk, or persons whose duty it was by the general laws of the State in relation to free schools to give notice of the annual meeting to be held on the first Saturday in April last, shall call a meeting in their respective districts to be held at the schoolhouses on Saturday, the thirtieth day of May, A. D. 1891, at two o'clock in the afternoon, in the same manner as required by law, at which meetings the voters of said districts respectively and may do all and every matter, act or thing which they might have done at the annual meeting on the first Saturday in April, 1891, if the act hereby repealed had not Return of been passed. The secretary of the meeting shall make return of the proceedings of the meeting to the Clerk of the Peace within one month from the day of the meeting. proceedings of school meeting Assessment and collection of school tax. SECTION 5. That the commissioners of the respective School Districts Nos. 19 and 115 shall have until the first day of July, 1891, to make and complete the assessment and levy of the tax for the present year and it shall be the duty of the collector of county taxes of the hundred in which said districts are located, if the lists of taxables shall be tendered or delivered to him on or before the fifteenth day of July next (1891) to receive either of said lists and to collect OF FREE SCHOOLS. and pay over the same. The collector shall, within thirty days after receiving the warrant pay to the school commissioners the amount which he is required to collect, deducting delinquencies to be allowed by them and as his fees at the rate of ten per cent. on the sum collected when it does not exceed fifty dollars and eight per cent. when it exceeds that sum, and the collector and his sureties, by virtue of his official bond, shall be liable thereon for every failure of duty and default in the premises, which bond shall be proceeded on at the instance of the school committee of each of the respective school districts. taxes and SECTION 6. That all moneys and taxes due to said dis- Moneys, tricts respectively and all debts due and owing by said dis- debts, how tricts respectively shall remain the same as if said act of held. consolidation had not been passed. meeting. SECTION 7. That after the meeting on Saturday, May 30, School 1891, shall have been held, all meetings shall be held as required by the general laws of this State in relation to free schools. used for SECTION 8. That any moneys now in the hands of the Moneys commissioners in the respective school districts, or due and building owing to said respective districts, may be used for the purpose schoolhouse, of building a schoolhouse in their respective districts. schoolhouse. SECTION 9. That the location of the schoolhouse in School Location of District No. 115 shall be on the eastern side of Herrington's Branch Ditch. Passed at Dover, May 14, 1891. OF FREE SCHOOLS. Lot and dwelling CHAPTER 87. OF FREE SCHOOLS. AN ACT to transfer the Lot and Dwelling of William Jarrell from School Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch concurring therein): SECTION I. * That the lot and dwelling of William Jarrell, transferred. now situated in School District No. 23 in Kent county, be and the same is hereby transferred to and the same shall hereafter constitute a part of School District No. 61 in said county. Assessment. SECTION 2. That from and after the passage of this act the aforesaid lot and dwelling shall be assessed for school purposes in said School District No. 61 in Kent county. Passed at Dover, May 16, 1891. School Districts Nos. 27 and 122 CHAPTER 88. OF FREE SCHOOLS. AN ACT to incorporate Lebanon Public Schools. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:* SECTION I. That School Districts Nos. 27 and 122 in Kent county as now bounded, or as they may be bounded incorporated hereafter, be and they are hereby declared incorporated into one district, to be governed and managed by a board of education, consisting of five members, to be elected as hereinafter provided. SECTION 2. That on, from and after the first Saturday in So enrolled. OF FREE SCHOOLS. Education. April in the year eighteen hundred and ninety-one, there shall Board of be established for and within the aforesaid School Districts Nos. 27 and 122 in Kent county a board of education, to be styled "The Board of Education of Lebanon Public Schools," whose design and purpose shall be the direction, management and superintendence of the public education of the children in the said Districts Nos. 27 and 122, between the ages of six and twenty-one years, and generally to do all other matters necessary to carry into effect the requirements of this act. And the said Board of Education, as such body corpor- Powers of ate, may sue and be sued, plead and be impleaded in any court of law or equity in this State or elsewhere, and have a common seal, with power to alter the same at pleasure, and otherwise generally shall have all the rights, powers, privileges and franchises incident to corporations and necessary or convenient for carrying into effect the purposes of their creation. Board. Board. SECTION 3. It shall be the duty of the aforesaid Board of Duties of Education to devise, establish and modify, from time to time, a plan and system of education for children between the ages aforesaid in the said Districts Nos. 27 and 122, and to superintend the same; to appoint, suspend and remove teachers and provide schoolhouses, apparatus and appliances of any kind whatsoever; to make by-laws, rules and regulations for their own government and for the government of the teachers and schools under their direction and government; to designate and elect officers of the said board and to fill vacancies in any manner howsoever caused until the next election for members of the board; and to take and acquire, receive, hold and enjoy, for the purposes aforesaid, moneys and real and personal property by bargain and sale, gift, grant, contract, devise or bequest; and it shall be the further duty of the said Board of Education annually, in the month of April, to provide by taxation a sum of money sufficient for the proper maintenance of the schools under their charge for and during the ensuing school year; provided, however, that such sum shall not exceed the sum of eight hundred dollars in any one year. collecting SECTION 4. That the Board of Education shall have the Power and same power and authority in collecting taxes (as well as those authority in that are now due said Districts Nos. 27 and 122 as those taxes. which may hereafter be levied upon the taxables of said districts), that now is or may hereafter be conferred upon the commissioners of public schools in this State, and shall School dividends. Report of proceedings up. OF FREE SCHOOLS. have the right to draw dividends, from time to time, made and entered to the credit of School Districts Nos. 27 and 122 in Kent county. SECTION 5. That the Board of Education shall, on or to be hung before the Monday preceding the first Saturday in April in every year, cause to be made out and hung up in one of the most public places in said district a full report of their accounts and proceedings during the past year, setting forth aggregates under their appropriate heads. They shall also Settlement depute one of their number to settle with the State Auditor of Accounts. with State Auditor. Election of Term of office. SECTION 6. The first election for members of the Board Education. of Education shall be held on the first Saturday in April, A. D. eighteen hundred and ninety-one, at which election one person shall be chosen for the term of three years, two other persons to serve for the term of two years, and William E. Maloney and Benjamin H. Moore shall be directors for one Elections to year from the above date. On the first Saturday in April, fill vacancies annually thereafter, elections shall be held to fill vacancies. in the Board of Education caused by the limitations of terms of office prescribed, or in any manner whatsoever. election. Manner of The members of the board shall be elected by ballot and a majority vote and shall hold their offices for the terms for which they are elected and until their successors are duly chosen and qualified. Manner of holding election. Hour of election. The first election herein provided to be held, on the first Saturday in April, eighteen hundred and ninety-one, shall be held under the same rules and in the same manner as elections have been formerly held; but all subsequent elections shall be held by and under the authority of the Board of Education in the following manner: The election shall be held in the afternoon, the polls opened at two o'clock, or within thirty minutes thereafter, and closed at five o'clock. The members of the Board of No compen- Education shall not receive either pay or emolument or be allowed any compensation for their services in holding elections. sation. Notice of election. The board shall appoint the place for holding the annual or any special election, and give notice thereof for ten days. previous to the time of holding said election, in five of the |