OF FREE SCHOOLS.

Act to authorize Dis

tricts Nos. 125 and 17

to borrow

money re

pealed.

Commis

sioners au

thorized to money for

borrow

repairing schoolhouse.

Loan se

cured by bond and mortgage.

CHAPTER 113.

OF FREE SCHOOLS.

AN ACT to repeal and supply an act to authorize the School Committee of United School Districts Nos. 125 and 171 in Sussex County to borrow money to build a Schoolhouse, passed at Dover, April 23d, 1891.

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

SECTION I. That an act to authorize the school committee of United School Districts Nos. 125 and 171, in Sussex county, to borrow money to build a school house, etc., passed at Dover, April 23, 1891, be and the same is hereby repealed and the following enacted in lieu thereof.

That the commissioners of United School Districts No. 125 and 171, Sussex county, be and they are hereby authorized and empowered to borrow a sum of money not exceeding two hundred and fifty dollars for the purpose of repairing and enlarging the schoolhouse in said united school districts.

SECTION 2. That for the purpose of securing to the loaner or loaners the payment of the money so to be borrowed under the provisions of this act, with interest thereon, the the school commissioners are authorized and empowered to make and execute and to deliver to the loaner or loaners the bond of said united school districts, and also a mortgage upon any or all real estate owned by the said united school districts at the time of the execution thereof, signed by the How paid. said school committee. Such bond or bonds or mortgage shall be made to become due and payable in three equal annual installments with the accrued interest on the sum unpaid, and shall bear interest at any rate not exceeding six per cent. per annum.

Money to be

used for

what pur pose.

Act excluded from

SECTION 3. That the money borrowed, as aforesaid, shall not be used nor applied to any other purpose than that named in Section 1 of this act.

SECTION 4. That the Secretary of State is hereby authorpublication, ized to exclude from publication in the laws of this State the act which is repealed under the provisions of this bill.

OF FREE SCHOOLS.

out to lowest

SECTION 5. That the repairs upon said schoolhouse, as Repairs let provided for in Section 1st, shall be done by contract; the bidder. said commissioners shall issue proposals and shall accept the bid of that responsible bidder who shall agree to do the repairs for the least money.

SECTION 6. This shall be and be taken to be a public act.

Passed at Dover, May 14, 1891.

CHAPTER 114.

OF FREE SCHOOLS.

AN ACT for the Advancement of Popular Education.

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 therein) as follows:

Nos. 8, 12,

93, 153 and

dated.

SECTION I. That on and after the passage of this act the Districts School Districts Nos. 8, 12, 93, 153 and 160 in the county of Sussex, as now bounded or may hereafter be bound, shall 160 consoliform one united school district, and shall be governed and managed by a Board of Public Education, consisting of How nine members, to be elected or appointed as hereinafter provided.

governed.

Education.

SECTION 2. That William D. Lank, John R. Black, Board of Charles G. Waples, William H. Megee, John H. B. Mustard, William H Chandler, John H. Davidson, Thomas H. Douglass and John Ponder shall constitute and form the board of education of said united districts, and they and their successors shall be and they are hereby created a body politic and corporate under the name and style of the Commissioners of Corporate the Public School of the town of Milton and vicinity, of the county of Sussex and State of Delaware. The board of Board of commissioners shall have the direction and superintendence Commis of the public education of children in said united districts powers and between the ages of six and twenty-one years, and for that purpose shall have full power and authority to establish and

name.

sioners,

duties of

OF FREE SCHOOLS.

from time to time to alter and modify a plan and system of education for children between the ages aforesaid, in the said united districts and to superintend the same; to appoint, suspend and remove teachers and to provide schoolhouse; to make by-laws, rules and regulations for their own government, and for the government of teachers and schools under their superintendence; to designate and elect officers of the said board, and to fill vacancies in the said board in whatever manner 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 estate and personal estate, by bargain and sale, gift, grant, contract, devise or bequest; and by the name aforesaid may sue and be sued, plead and be impleaded in the courts of this State and elsewhere; may have a common seal, with power to alter the same, and otherwise generally shall be clothed with all the rights, powers and privileges incident to a corporation and necessary for carrying out the purposes of their creation. The compensa commissioners shall receive no compensation for their ser

Commis

sioners to receive no

tion for services.

Terms of
office of

Board of
Education.

School

elections.

Annual school election.

Term of office of Commissioners.

Time of elections. Notice of election.

vices.

SECTION 3.

That the terms of office of the Board of Education or corporators appointed by the foregoing section of this bill shall be as follows: The first three names to serve for the term of one year, the next three to serve for the term of two years, and the remaining three to serve for the term of three years, or until their successors are elected. Their successors to be elected by the school voters of said united districts at a regular school meeting on the first Saturday in April of the year in which their term expires.

SECTION 4. The school voters of said united school districts shall meet on the first Saturday of April, A. D. 1892, and on the first Saturday of April in each and every year thereafter at the schoolhouse, and shall elect three commissioners to serve for the term of three years and until their successors be duly chosen and qualified, and shall likewise elect commissioners to fill all vacancies for the unexpired term. The election shall be held in the afternoon and the polls shall be opened at 2 o'clock, or within thirty minutes thereafter, and closed 4 o'clock. The board shall give ten days notice of said election and of the day, hour and place of holding the same, and of the inspectors appointed by them to hold the same, and of the number of commissioners to be elected thereat, by written or printed handbills posted in ten

OF FREE SCHOOLS.

and Assis

the votes.

election, to

of the most public places in said united school districts. They shall appoint, at least ten days before holding said elec- Inspectors tion, an inspector and an assistant inspector, who shall preside tant Inspecthereat. The inspectors shall not be members of the board tors. of commissioners and shall, before opening the polls, each take an oath or affirmation as follows: I, do Oath of solemnly swear or affirm that in holding the election this Inspector. day for members of the board of commissioners of the public schools of the town of Milton and vicinity in the county of Sussex and State of Delaware, I will faithfully and impartially discharge my duty and make true certificates of the result thereof and deliver the same according to law, so help me God, or, so I solemnly affirm. This oath may be admin- By whom adistered by the inspector, assistant inspector, a justice of the ministered. peace or a notary public. The inspector shall appoint two Clerks of clerks, one to be appointed by the inspector and the other by Election, his assistant, who shall keep true and correct lists of the persons voting at said elections. The inspector shall, as soon Counting of as the polls have closed, proceed to count the votes and ascertain the result and shall, immediately upon ascertaining the result of said election, make out and sign certificates thereof Certificate of and shall deliver, without delay, one of said certificates to whom dethe secretary of the board of commissioners, one to each of livered. the persons elected, and one other to the Clerk of the Peace of Sussex county to be kept as a public record. Every person Qualifica residing within the said united school districts and having voters. a right to vote for Representatives in the General Assembly (and having paid his school tax for the preceding year) shall be a school voter of said united school districts. And if any Illegal person not being so qualified shall vote at any meeting of school voters therein he shall be deemed guilty of a misdemeanor and shall be fined fifteen dollars. If a vote is objected Penalty: to the inspectors must unite in rejecting it or the vote Challenges: shall be accepted. If any one who shall be appointed by Inspectors the board of commissioners, either inspector or assistant in- refusing or spector, shall neglect or refuse to serve as such inspector or neglecting to assistant inspector, without rendering an excuse to be accepted by the board, he shall forfeit and [pay] to the said Penalty. board the sum of five dollars, to be recovered by the board in an action before a justice of the peace. If the board shall Failure to fail to appoint an inspector or assistant inspector, or both, spectors, &c ten days before said election, or if the inspector or assistant inspector, or both, shall be absent from the place of election. at the time of opening the same, the school voters there

tions of

voting.

or assistants

serve.

appoint In

How remedied.

OF FREE SCHOOLS.

shall proceed forthwith, without ballot, to choose from the voters present either an inspector or assistant inspector, or both, as the case may be. If the board of commissioners of election. shall in any year fail to give written or printed notice of said

Failure to give notice

Taking

illegal or refusing to take legal

votes.

Penalty.

Organiza

tion of Board

sioners.

Stated

meetings.

election, as required herein, the school voters of said united district shall, notwithstanding said failure, meet on the day and at the time and place herein appointed and proceed to elect inspectors and commissioners, as herein provided in case of notice duly given. If any inspector or assistant inspector, or both of them, shall knowingly take the vote of a person not having the right to vote, or shall neglect or refuse to make and deliver certificates of the result of an election, as required herein, he or they shall be guilty of a misdemeanor, and shall forfeit and pay fifty dollars, to be adjudged on an indictment and conviction, and to be paid to the board of commissioners aforesaid for the benefit of the schools under their charge.

SECTION 5. The commissioners shall meet annually in of Commis the place where the election was held on the Monday following the election, at 10 o'clock in the forenoon, and organize the board by the election of a president and secretary, who shall be members of the board, and shall hold stated meetings once every month, and special meetings when required by the president or a majority of the commissioners, and by a committee, or otherwise. Shall visit all the schools in the district once a month while the schools are in session. Quorum. A majority of the board shall form a quorum, and any Vacancies, vacancy occasioned by death, resignation, or otherwise, how filled. shall be filled by the board by choosing commissioners to

Visiting

schools.

Proviso.

Proviso.

Proviso.

Oath of Commissioners.

serve till the next annual election, and until their successors be duly elected and qualified; provided, however, that no one shall be a commissioner who is not a qualified voter of said united districts, and if any one having been elected a commissioner shall then be and shall after cease to be a qualified voter of said united districts, he shall thereupon cease to be one of the commissioners aforesaid. Provided further, however, that if any one shall remove from the said united districts he shall thereupon ipso facto cease to be a commissioner and his office of commissioner shall be vacant. And provided further, however, that all vacancies must be ascertained and declared by a two-thirds vote of the other members of said board. The commissioners shall be sworn, by each other, faithfully and impartially to perform their duties as members of said board.