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OF FREE SCHOOLS.

with power to alter the same, and otherwise generally shall be clothed with all the rights, powers and privileges incident to corporations and necessary or convenient for carrying out the purposes of their creation.

SECTION 5. That the persons named as corporators in Term of this act shall constitute the Board of Public Education until office the first Saturday in April A. D. 1892, or until their successors are duly elected and qualified. The first election for the Election. members of the Board of Education shall take place on the first Saturday in April, A. D. 1892, at which two persons shall be elected to serve for the term of one year, two for the Term of term of two years, and one for the term of three years, and office. on the first Saturday in · April, annually thereafter, an election shall be held to fill the vacancies caused by the limita- Vacancies. tions to the terins of office prescribed or in any manner whatsoever. The election shall be held in the afternoon, the Time of polls opened at 2 o'clock, or within thirty minutes thereafter, tionin and closed at 4 o'clock. The members shall not receive any pay or emolument nor be allowed any compensation for their Compensaservices, except the secretary, who may be allowed an amount tion not exceeding ten dollars in any one year at the discretion of the board. The board shall meet on the Monday fol- Organizalowing, and organize by the election of a president and tio secretary from their number, and a treasurer, who may or may not be a member of the board. The offices of secretary and treasurer may be held by the same person. The board Notice of shall appoint the place for holding the annual or any special holding elecelection and give notice thereof five days previous to the time tions. of holding said election by notice under the signature of the secretary of the board posted in five public places in the consolidated district. The said board shall appoint an inspector Inspector of of said election (not one of their number) who shall preside Electie thereat. The secretary of said board may act as clerk of Clerk of said election. Certificates of the result of the election, signed by the inspector and clerk, shall be made out imme- Certificates diately after counting the votes, and a certificate as aforesaid of ele given to each of the persons elected. The board shall be the Board judge of the election and qualification of its members, who election of must, in addition to being qualified voters of said district, have its members. paid a school tax within the year preceding the election and Qualificamust have been elected by voters of the said consolidated dis-“ons tricts having the same qualifications. A plurality of votes shall Plurality to elect. A majority of said board shall constitute a quorum. The officers holding the election shall, before opening the

Quorum.

Election.

of election,

tions.

elect.

OF FREE SCHOOLS.

Oath of offi- polls, each take an oath or affirmation as follows: I, – cers holding elections. - do solemnly swear (or affirm) that in holding the elec

tion this day for members of the Board of Public Education, I will faithfully and impartially perform my duty and make true certificates of the result thereof and deliver the same according to law, so help me God (or so I soleinnly affirm).

The inspector is authorized to administer this oath or affirmation to the clerk and he to the inspector.

Who to ad minister oath.

Illegal SECTION 6. That if any person not having a right to voting

vote at any election held under this act shall vote at such election, or if any inspector or clerk shall knowingly take

the vote of a person not having a right to vote, or shall neRefusal to glect or refuse to make and deliver certificates of the result deliver cer- of any election as required by the next foregoing section,

any such person, inspector or clerk shall forfeit and pay fifty

dollars, to be adjudged on indictment and conviction in the Penalty.

Court of General Sessions in and for the County of Sussex, and to be paid to the Board of Public Education aforesaid for the benefit of the schools under its charge.

tificates.

Board of SECTION 7. That the Board of Public Education shall make report. within ten days after settling with the State Auditor, in

every year, cause to be published 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 inembers to settle with the Auditor of the

State.

with auditor

and collec.

Assessment SECTION 8. That the Board of Public Education shall tion of taxes. on or before the first Saturday of April in each and every

year determine the amount of money that shall be neces. sary to carry on the schools and for incidental expenses for the ensuing year, and that the taxes levied and collected for educational purposes in said consolidated districts shall be levied and collected as now provided by law, and the Board of Public Education in assessing the same shall have all the power granted to county assessors by Section 10 of Chapter to of the Revised Code.

SECTION 9. That the Board of Public Education shall lection of " liave the same power and authority in collecting taxes

given to commissioners of public schools in this State, and Dividends. shall have the right to draw from time to tiine such divi

dends as are drawn by other consolidated districts.

TION 9.

Power of board in col.

That the and authorityols" in this state divi

taxes.

OF FREE SCHOOLS.

members of

administer

tion of Secretary and

SECTION 10. That each member of the Board of Public Oath of Education, before entering upon the duties of his office, shall board. take an oath or affirmation to perform the same diligently and faithfully, according to the best of his knowledge and judgment. Such oath or affirmation may be administered by the president of the board, or by any member thereof, as who may well as any officer authorized by the laws to administer adm. oaths or affirmations.

SECTION II. That the secretary and treasurer of said Bond of SecBoard of Education shall be required to give full and suf- Treasurer. ficient bond, with approved security, for the faithful performance of his duties under this act, and which shall be sufficient to cover the full amount of money which may at Compensaany time come into the hands of said secretary and treasurer, and shall receive a compensation for his services as may be Treasurer. determined and fixed by said board. He shall file a copy of Duty of Secproceedings of annual meetings with the Clerk of the Peace Treasurer. of Sussex county, and shall also record the proceedings in a book belonging to said consolidated districts as is now provided by law.

SECTION 12. That for the purpose of providing more and Schoolbetter school accommodations, it shall and may be lawful for house. the Board of Education to rent, buy or build a schoolhouse, and for the payment of the same the board may in its discretion issue bonds under the corporate seal, signed by the pres- May issue ident and secretary, in a sum not to exceed two thousand bonds. dollars, bearing interest at the rate of six per centum or less per annum, and the faith of the Consolidated School Districts Nos. 28 and 121 shall be pledged for the payment of the same and interest at maturity; provided, the said bonds shall not Proviso. be sold at a less price than par value thereof.

SECTION 13. - That the - Board of Public Education for Sale of old School Districts Nos. 28 and 121 in Sussex county shall have and erection power to sell, either at public or private sale, the old school- ofi house or any property belonging thereunto and apply the money received from such sales to the erection of a new schoolhouse.

SECTION 14. That this act shall be and continue in force Time of confor the term of twenty years from and after its passage, and tinu that all laws which conflict with the same or any of its pro- Inconsistent visions be and the same are hereby repealed so far as they acts conflict with Districts Nos. 28 and 121.

Passed at Dover, April 28, 1891.

of new house

uance.

acts repealed

OF FREE SCHOOLS.

Section 12,
Chapter 48

amended,

CHAPTER III.

OF FREE SCHOOLS. AN ACT to amend Chapter 48, Volume 18, Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each branch of the Legislature concurring):

SECTION 1. That Section 12 of Chapter 48, Volume 18, Volume 18, Laws of Delaware, be and the saine is hereby amended by d. striking out the word “four' in the fourth line of said sec

tion, and inserting in lieu thereof the word “three." Section 13, SECTION 2. That Section 13 of said Chapter be and the Volume 18, same is hereby amended by striking out the word “five" in

the second line of said section, and inserting in lieu thereof the word “three.”

SECTION 3. This act shall be deemed and taken to be a public act.

Passed at Dover, April 28, 1891.

Chapter 48

amended.

Preamble.

CHAPTER 112.

OF FREE SCHOOLS.
AN ACT for the relief of School District No. 77/2 in Sussex County.

Whereas a certain portion of School District No. 77} of Sussex county was by the Levy Court of Sussex county transferred to and made a part of School District No. 78 of said county in or about the year 1888.

And whereas by reason of said transfer said District No. 771 became seriously impaired and was unable during the years 1889 and 1890 to perform the conditions which would enable it to draw the school dividends allotted to it for the said two years.

OF FREE SCHOOLS.

And whereas the State School Board have recommended that said portion of District No. 771 transferred to District No. 78 as aforesaid be restored, retransferred and reunited to said School District No. 77}; therefore

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

between

tricts Nos.

County.

SECTION 1. That the dividing line between School Dis- Boundary tricts Nos. 771 and 78 of Sussex county shall run as it now School Disdoes, beginning on the county road leading from St. Johns- 74 and 78 town Church to William Johnson's blacksmith shop and at Sussex the bridge at William Johnson's, and running from thence as it now does to the bridge in the county road leading from William Johnson's shop to Staytonville on the James Rebb farm, now occupied by Joseph Calhoun; thence following the last-named county road into Staytonville, thence with the Farmington road until it strikes a bridge in the said road, about thirty perches below the village, thence in a northerly course about two hundred yards or until it strikes the line between Kent and Sussex counties.

SECTION 2. That the Trustee of the School Fund be and Dividends he is hereby authorized and directed to pay to School District District No. No. 77} of Sussex county the dividends allotted to the said 77!2. District No. 77} in each of the years 1889 and 1890.

SECTION 3. That this act shall be deemed and taken to be a public act.

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Passed at Dover, April 30, 1891.

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