of youth.

district to take, or cause to be taken, annually, between the Enumeration first and third Monday of September, an enumeration of all the unmarried white and colored youth, noting them separately, between the ages of five and twenty-one years, resi dent within such sub-district, and not temporarily there, designating between male and female, and return a certified copy thereof to the township clerk; and in case the directors in any sub-district shall fail to take and return the enumeration aforesaid, it shall be the duty of the township clerk to employ a competent person to take the same, and allow him a reasonable compensation for his services; and shall proceed to recover the amount so paid for such services in a civil action before any court having jurisdiction, in the name of the state of Ohio, against said directors in their individual capacity; and in such suits said clerk shall be a competent witness; and the money so collected shall be applied to the use of common schools in the proper township. The township clerk shall make an abstract of the enumeration so returned to him, designating auditor. the number of youth in each sub-district, and transmit such abstract duly certified, to the county auditor, on or before the first day of October.

SEC. 9. If any civil township, or part of a township, composing a sub-district, shall be partly situated in the Virginia Military District, the United States Military District, the Western Reserve, or in an original surveyed township, or fractional township, to which belongs any of section sixteen, or other lands in lieu thereof, or any other lands for the use of schools, or any interest in the proceeds of such school lands, the local directors shall, in taking the enumeration of youth resident within their jurisdiction, return separately those residing in the Virginia Military District, or United States Military District, or Western Reserve, or original surveyed or fractional township, to which belong any school lands, or interest in the proceeds of school lands.

Abstract to be

transmitted to

Different sur

veys to be no

ted separately.

Of whom com

posed.

Quorum.

Township

clerk to be

elerk of board.

Powers and

duties

TOWNSHIP BOARDS OF EDUCATION.

SEC. 10. That the township board of education shall consist of the township clerk, and of the local director from each sub-district of the township, who has been appointed clerk in his sub-district, a majority of whom shall constitute a quorum for the transaction of business; and the clerk of the township shall be clerk of the board, but shall not be entitled to a vote. It shall be the duty of said clerk to be present at the meetings of the board, and to record in a book, to be provided for the purpose, all their official proceedings, which shall be a public record, open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman and clerk.

SEC. 11. The said township board of education, in each township of the state, and their successors in office, shall be a body politic and corporate in law, and, as such, may contract and be contracted with, sue and be sued, plead and be impleaded, in any court of law or equity in this state, and may receive any gift, grant, donation, or devise, made for the use of any school or schools, within their jurisdiction; and, moreover, they shall be, and are hereby invested, in their corporate capacity, with the title, care, and custody of all school-houses, school-house sites, school libraries, apparatus, or other property belonging to the school district as now organized, or which may hereafter be organized, within the limits of their jurisdiction, with full power to control the same in such manner as they may think will best subserve the interests of common schools, and the cause of education; and when, in the opinion of the board, any school-house, or schoolhouse site, has become unnecessary, they may sell and convey the same in the name of the township board of education of the proper township; such conveyance to be executed by the chairman and clerk of said board, and shall pay the avails over to the township treasurer of the proper township, for the benefit of schools; and all conveyances of real estate which may be made to said board, shall be to said board in their corporate name, and to their successors in office.

ed.

SEC. 12. It shall be the duty of the township board of Sessions of the board, regular education, to hold regular sessions on the third Monday of and adjournApril, and on the third Monday of September, in each year, in the usual place of holding township elections, or at such place in the immediate neighborhood as may be convenient for the transaction of any business which may be necessary in relation to the subject of either the primary or graded schools of the township, with power to adjourn from time to time, or to hold special meetings at any other time or place within the proper township, as they may think desirable for the transaction of business as aforesaid, and at all such meetings shall appoint one of their number to the chair, and in case of the absence of the township clerk, may appoint one of their own number to serve temporarily as clerk.

high schools.

SEC. 13. The township board of education shall have the Management management and control of all the central and high schools of of central and their proper township, which may be established therein. under the authority of this act, with full power, in respect to such schools, to employ, pay, and dismiss teachers, to build, repair and furnish the necessary school-houses, purchase or lease sites therefor, or rent suitable school-rooms, and make all other necessary provisions relative to such schools as they may deem proper; and it shall also be the duty of said board When to act as of education, to exercise all the powers conferred on local local directors. directors in respect to sub-district schools, whenever such

rules, etc.

local directors shall neglect to discharge their duties in any sub-district, as required by this act; and it shall also be the To prescribe further duty of said board to prescribe rules and regulations for the government of all the common schools within their jurisdiction; said board of education may provide for German May provide schools for the instruction of such youth as may desire to schools. study the German language, or the German and English languages together, and if the board shall deem it necessary,

for German

they may appoint one of their number the acting manager of May appoint schools for the township, who shall do and perform all such acting mana

As amended April 17, 1857.

ger.

Map of township.

Board may alter sub-districts.

Sub districts

not to contain

less than sixty

scholars, ex

cept.

.duties as the board may prescribe in relation to the management and supervision of the different schools, and the educational interests of the township, and may allow him a reasonable compensation for his services.

SEC. 14. The said board shall prepare, or cause, to be prepared, a map of their township, as often as they deem necessary, on which shall be designated the sub-districts of the township, which they may change or alter at any regular session, and the number of scholars assigned to each; but no sub-district shall eontain within its limits, less than sixty resident scholars by enumeration, except in cases where, in the opinion of the board, it is necessary to reduce the number; School in each and it shall be the duty of the board to establish a school in each sub-district of the township, of such grade as the public good, in their opinion, may require; and in the location of primary schools, or schools of higher grade, the board shall have reference to population and neighborhood, paying due regard to any school-house already built, or site procured, as well as to all other circumstances proper to be considered, so as to promote the best interests of the schools.

sub-district.

Assignment of scholars to

higher schools.

SEC. 15. The board shall have power to assign such number of scholars to the several primary schools as they may think best; and when such assignment has been made, shall furnish the teacher a list of the scholars to be assigned; and the board shall also have full power to regulate and control the admission of scholars to schools of a higher grade, according to age and attainments, and may admit scholars over Disorderly twenty-one years of age, and may suspend, or authorize the scholars may be suspended. local directors to suspend, from the privileges of either of the schools, any pupil found guilty of disorderly conduct, which suspension shall not extend beyond the current session of the school.

Division of township for educational purposes.

SEC. 16. Whenever it shall happen that persons are so situated as to be better accommodated at the school of an adjoining township, or whenever it may be desirable to establish a school composed of parts of two or more townships, it shall be the duty of the respective boards of the townships in

be transferred

which such persons reside, or in which such schools may be situated, or of the townships or parts of which the school is to.. be composed, to transfer such persons for educational purposes Scholars may to the township in which such school-house is, or may be to another township. located; but the enumeration of scholars shall be taken in each township, as if no such transfer had been made, and such school, when so composed, shall be supported from the school funds of the respective townships from which the scholars may have been transferred; and the board of that township in which the school-house is situated, shall have the control and management of such school, and the board of the adjoining township or townships, so connected for school purposes, shall each make the proper estimates of their share of expenses of every kind necessary to sustain said school, and certify the same to the auditor of their proper county, as part of their annual estimates for school purposes, and draw orders on their respective township treasurers, for such sum as will be in proportion to the enumeration of scholars so transferred, in favor of the board of that township in which such school is located, to be appropriated to the payment of teachers, and for other purposes connected with the establishment or maintenance of said school, as far as applicable.

mine studies,

SEC. 17. The said board shall have power to determine Board to deterthe studies to be pursued, and the school-books to be used in books. the several schools under their control, and shall make and enforce such rules and regulations relative to the use and preservation of the school libraries and apparatus as they may think advisable, and shall appoint, or authorize the local directors to appoint a suitable person to act as librarian, and Librarian. to take charge of the school apparatus, resident at some con

venient place in the neighborhood where the school is kept,

and may require such librarian to give bond for the faithful To give bond. discharge of his duties, and allow him such compensation as

they may think reasonable.