second regular term, therefore, began on the 1st July, 1881, and ended on 30th June, 1885. The third regular term, therefore, began on the 1st July. 1885, and ends on 30th June, 1889.

On the 7th of June, 1883, the petitioner, H. Sheffey Roller, was duly appointed superintendent of schools for the county of Augusta, and soon thereafter qualified and entered upon the discharge of the duties of that office. Under the repeated decisions of this court, now too familiar to be cited, he was elected to fill the unexpired term ending June 30, 1885, and since that time has been a mere locum teneris, holding the office only by virtue of the constitutional provision which allows persons elected to office to hold over until their successors are appointed and qualified.

On the 20th of February, 1886, the respondent, Cornelius T. Jordan, was duly appointed to the aforesaid office by the proper authority-the State Board of Education. He afterwards qualified, and on the 1st of July, 1886, took possession of the office, which he is entitled to hold until the 1st of July, 1889. It is doubtless true that when the State Board of Education appointed the respondent to this office they believed the joint resolution of the General Assembly, approved February 26, 1886, which undertook to vacate the offices of all county and city superintendents, was valid and binding, and that they had authority, under the provisions of that resolution, to make the appointment. In that they were mistaken, for that joint resolution, in so far as it undertakes to vacate the office of all city and county superintendents of schools, and to fix the time for the beginning of the regular term of those offices on the 1st of July, 1886, is, as we declare in Pendleton vs. Miller, null and void. But this circumstance does not affect the validity of the appointment of the respondent, for the term of office was vacant both at the time of his appointment and qualification; and as the State Board of Education is vested by the Constitution with the power to fill such vacancies, their appointment of the respondent is valid. It cannot affect the case that they did what they had the rightful authority to do for a wrong reason. It follows that the respondent, Jordan, is entitled to fill the unexpired portion of the term, which commenced on the 1st of July, 1885, and will terminate on the 30th of June, 1889.

The writ must therefore be refused, and the rule discharged.

The Virginia School Register.

It would seem from communications received at this office, that some of our superintendents and district clerks either failed to receive circular No. 14, in reference to the Virginia School Register, issued from this office August 21, 1886, or having received it, did not take time to read it carefully; for we are unwilling to believe that any of them would wilfully disregard our instructions or neglect their duty. We again invite their attention to the circular in the hope that they

of

will beed its instructions. If any of them failed to receive a copy the circular, it will be sent them on application.

It is our duty to see that all school laws and regulations are faithfully executed, and we earnestly hope to receive the co-operation of all school officers to this end.

It is far more agreeable and encouraging to see our school officers yielding prompt obedience to the requirements of the law and regulations, than to read their petitions for permission to violate them. We much prefer to have their compliance in good humor and cheerfulness, but rather than not have it at all we will accept it, though they may give it with some murmurings of discontent.

Average Daily Attendance.

An average daily attendance of twenty pupils is necessary to constitute a public free school, as prescribed by Regulation of the Board of Education.

But where there is not a sufficient number of children to entitle a neighborhood to a school under this Regulation, and the geography of the district is such that no proper arrangement of the several schools of the district can be made so as to furnish the minorities with school facilities, then the District Board, with the approval of the County Superintendent, may reduce the daily average to fifteen for such school. Where the average has been reduced below that which is prescribed by Regulation of the Board of Education, because of a factious spirit on the part of patrons, or because of the exercise of proper discipline, or because of the enforcement of the Regulations with regard to text-books or any other matter, then the District Board may continue the school and pay the teacher the full salary allowed for a school of legal average attendance.

DISTRICT CLERKS will please report to this office, on or before the 15th day of December, the number of teachers contracted with, and the number that have been supplied with the Virginia School Register.

We hope to hear that every school has been supplied with a copy of this Register. It is perfectly adapted to the needs of our public schools, and the school work would be greatly promoted by its use. A teacher of a public school has as much reason to expect to suc

ceed without keeping a Register as would a merchant without his books of account.

It is a wise requirement of our school law that every teacher shall keep a Register, and according to form prescribed. Heretofore there has been great irregularity in regard to this matter, and in consequence of it much irregularity in the work of superintendents and trustees. If these officers would see to it that the requirement of the law in this respect is rigidly enforced, they would not only be doing their duty, but providing for the better and more satisfactory discharge of their own work.

THE TEACHER'S MONTHLY REPORT should be made out at the end of each school month, of four weeks. Time lost can be made up after the close of the regular session.

The Richmond Schools.

We are pleased to note the continued prosperity in the public school work of the city of Richmond. The schools are models of excellence, and rank with the very best in the land.

We also take pleasure in stating, for the benefit of all who may have heretofore referred to Richmond's example as an apology for their violation of certain School Laws and Regulations, that the Richmond school authorities are now working in entire harmony with those of the State; and if there is now any disregard of the Regulations of the State Board of Education we are not aware of the fact. May all of our towns and cities emulate the good example.

The Farmville Normal School.

Our State Female Normal School, at Farmville, commenced its third annual session on the 30th day of September. There are over two hundred (200) students in attendance, and the number promises to be even larger during the present session. The new building will soon be ready for use, and then the conveniences of the Institution will be largely increased.

Principal Ruffner and his most excellent corps of assistants are doing a grand work for the State.

The Examination Questions.

We have not yet received the examination questions called for under Regulation of the Board of Education (350), from the following counties and cities: Fauquier, Franklin, Fredericksburg, Manchester, Middlesex, Tazewell.

ALL OF OUR SuperintendeNTS have not yet furnished us the information called for in Circular No. 12, issued from this office August 12th. We must have a complete and accurate list of our district trustees, and County Superintendents must not rest until they have suc ceeded in furnishing us with such a list. Give us the list in the manner provided for in Form 514.

THE EDUCATIONAL JOURNAL is sent to county superintendents and district clerks as an official document, and should be received as such by them, and carefully preserved as property belonging to the office and not the individual. County superintendents will please ascertain whether the JOURNAL is regularly received by their district clerks, and report to us the names and post-office of any who do not receive it, so that the publisher's mailing list can be revised.

Superintendent's Monthly Report.

Again we have to remind our Superintendents to report on every topic named on the blank forms for these reports. Answer all the questions one way or the other, and fill out the totals on table of attendance. Let each monthly report speak for itself, and do not be content with writing on some part of the form: "See former report." We have 112 of these reports each month, and the County Superintendent has only one. Should he not therefore make his own report complete, and not impose upon us the necessity of looking over a bundle of 112 reports to supply some missing matter? We also remind Superintendents that form 523 was intended only

for enclosing their monthly reports. Some are using these envelopes for other purposes, and presently they will be wanting another sup ply, which we cannot furnish.

Superintendent R. S. BURKS, of Botetourt county, died September 17, 1886. Superintendent JAMES T. NOTTINGHAM, of Northampton county, died September 10, 1886.

We regret the loss from our corps of Superintendents of these two officers who had just started out on their work with commendable zeal and energy and who gave promise of proving themselves to be among our most valuable assistants.

Items from Monthly Reports.

Alexandria City.-An institute is held first Saturday of each month. Reading circle every Wednesday evening.

Alexandria County.-Schools in first-class working order, with good teachers. Everything points to a prosperous session.

Charlotte County.-High school established at Smithville. Unusual interest in the schools.

Henry County.-Two graded schools located. scribed for building school-house.

Additional funds sub

Manchester City.—Indications encouraging for a successful year.

Nottoway County.-Teachers generally well qualified. All pleased with the Virginia School Register.

Patrick County -Graded school established at county-seat.

Portsmouth City.-Schools opened with increased enrolment. City council has provided a handsome building furnished with modern equipments for use of schools.

Scott County.-Many new school-houses built.

"NO SCHOOL DISTRICT shall receive any part of the funds unless it has made provision for school-houses, furniture, apparatus, text