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three hundred dollars ($300) in any school year incurred while in the discharge of his official duties, shall be paid by the county treasurer upon a warrant issued by the county auditor. The county superintendent shall make affidavit to the county auditor before such warrant shall be issued from the county auditor to the county treasurer. This section amends section 6400b Revision of 1914.

6400c. Assistant, appointment, compensation.-4. The township trustees may authorize the county superintendent to appoint an assistant to assist him in the execution of his official duties if, in their judgment, such assistant is necessary. Such assistant shall be appointed by the county superintendent and shall work under his direction and supervision. Such assistant shall be employed for a number of days and at a salary to be determined by the township trustees of the county. The salary fixed by the township trustees for such an assistant shall be paid out of the county treasury upon warrant issued by the county auditor.

This section amends section 6400c Revision of 1914.
See note to section 5939.

6400d. Appropriation of funds.-5. The county council shall appropriate and the county commissioners shall allow the necessary funds to carry out the provisions of this act.

6400e. Repeal of acts.-6. An act entitled "An act concerning the salaries of the county superintendents of schools in counties containing more than seventy-seven thousand inhabitants as shown by the last preceding United States census, and declaring an emergency", approved February 28, 1913, and that "An act concerning the salaries of county superintendents of schools of the state", approved March 12, 1919, be and the same are hereby repealed.

This section repeals section 1 and 2, Acts 1913, p. 77, being section 6400a Revision of 1914. This section also repeals sections 1 and 2, Acts 1919, p. 445, being sections 6400f and 6400g respectively.

Section 7 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1919, p. 445. In force May 15, 1919.]

6400f. Additional salary of county superintendent.

6400g. Supplemental act.

These sections 6400f and 6400g, are repealed by section 6400e being section 6, Acts 1921, p. 131, in force March 1, 1921.

6404. School township.

Under this section and sections 6405, 9562, it was held that the name "Salt Creek Township" imports that the township designated thereby is a civil township without the designating word. State ex rel. Salt Creek Civil Tp. v. Stevens. 63 App. 561, 114 N. E. 873.

The court takes judicial notice that wherever there is a civil township in a county there is also a corresponding school township. State ex rel. Salt Creek Civil Tp. v. Stevens, 63 App. 561, 114 N. E. 873.

6405. Towns and cities, school corporations.

Each township is a corporation for civil purposes and also for school purposes, and each corporation is represented by the township trustee, and suits relating to school affairs should be brought against the trustee as the trustee of the school township, and when he is sued as the trustee of the township it is presumed that the suit is against the civil township. Sproat v. State ex rel., 182 Ind. 687, 107 N. E. 673.

See note to section 6404.

Under this section and sections 253, 9562, the township trustee proceeding for the township, as relator, can prosecute an action on the bond of the preceding trustee for the recovery of funds due the civil township, and the same rule applies to the trustee as school trustee and the school township. State ex rel. Salt Creek Civil Tp. v. Stevens, 63 App. 561, 114 N. E. 873.

6410. General duties.

The powers conferred on school trustees by this section and sections 6412, 655501, 6555q1, 6582, 6628-6632, are broad enough to permit them to arrange for field day exercises by their schools. Adams v. Schneider, App. 124 N. E. 718.

[Acts 1921, p. 195. In force May 31, 1921.]

6410a. Teachers' contracts.-1. All contracts hereafter made by and between teachers and school corporations shall be in writing; shall state the date of the beginning of the school term; the number of months in the school term; the total amount of the salary to be paid during the school year; and the number of payments that shall be made during the school year; provided that in this act, a month shall mean not more than twenty school days.

6410b. Payment of teachers.-2. If, during the term of a teacher's contract the school or schools are closed by order of the school corporation, or by order of the health authorities, or if, through no fault of the teacher, school cannot be held, such teacher shall receive regular payments during such time the school or schools are closed. Provided that schools may be closed for a period of not over two weeks for Christmas holidays without payment of salaries for teachers for such time; provided that such closing the school for Christmas holidays shall not be construed to shorten the length of the school term.

6410c. Regulations as to payment of teachers.-3. Each school corporation may adopt regulations governing the payment or partpayment of teachers who may be absent because of sickness or because of attending school conventions or meetings, or because of visiting schools, or because of death in the immediate family, and may make such payments in accordance therewith.

6410d. Cancellation of teacher's contract.-32. If any teacher in the public schools of this state or any teacher who shall have entered into a contract to teach in any of the public schools in this state, shall violate the contract by resigning, without giving fifteen days notice in writing to the other party to the contract, such violation shall be additional grounds for the revocation of said teacher's license as now provided by law: Provided, however, that either party to such contracts may cancel the same by giving fifteen days written notice and Provided further that the parties may mutually agree to a cancellation of the contract.

6410e. Repeal.-4. All laws or parts of laws in conflict herewith are hereby repealed.

6411. Length of school terms, tax.

It is the duty of township trustees to continue schools in their townships for at least 120 days, and to employ teachers to teach such schools. Rutherford School Tp. v. Craney, 51 App. 236, 99 N. E. 485.

6412. Control of property.

See note to section 6410.

6417. Removal and relocation of school houses.

The patrons of a school who may sign a petition for the removal and relocation of a school house are the legal patrons living in the school district and who were enumerated in April of the year in which the petition is signed, or who are proven to be such patrons although not enumerated. Willan v. Richardson, 51 App. 102, 98 N. E. 1094.

In view of this section, a township trustee has power to change the site of a joint elementary and high school building by constructing another building at another place, pursuant to an order of the county superintendent of schools made on the petition of the trustee. Parker v. Humfleet, 63 App. 281, 112 N. E. 253.

[Acts 1921, p. 479. In force March 10, 1921.]

6417a. Bonds for school property prior to 1921.-1. In all cases where the officers of any township or any school township of the State of Indiana, have, before January 1, 1921, begun proceedings to issue bonds to pay for the erection of a new school house or for the erection of additions to an old school house, or to pay for repairing an old school house and to pay for purchasing and installing a heating and plumbing system in a school house and to pay architects and attorneys and other expenses incident to the erection or repairing of a school house and such officers have complied with the statutes of the State of Indiana, in force before the special session of the general assembly of the State of Indiana, begun July 12, 1920, requiring a petition to be filed with the state board of tax commissioners for authority to issue such bonds and two weeks notice to be given of the hearing of said petition before said board and where said state board of tax

commissioners, by its order, duly entered on its records at a time before the 1st day of January, 1921, authorized the issuance of said bonds and where said officers of said townships have complied with section 9595 of Burns Revised Statutes of the State of Indiana as to the issuance of said bonds and have given or shall give all notices, required by the statute now in force, of the sale of said bonds, then in such cases, all such proceedings for the issuance of said bonds and all such notices given are hereby legalized and made valid and binding on said township and such proceedings shall be held sufficient to authorize the issuance of said bonds and all bonds issued or hereafter issued pursuant to said proceedings are hereby legalized and declared valid and binding on said township.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

6421. Abandonment of schools.

This section is to be construed in connection with section 6420 in determining who may sign petitions for the abandonment of school districts, and it is only persons who are entitled to vote for the election of township trustee of the township that may sign such petitions. State ex rel. v. Graham, 183 Ind. 53, 108 N. E. 111.

See note to section 6667.

Under this section and section 6667, it is held that the decision of the county superintendent on appeal from trustees relative to school matters, as to the sufficiency of the petition, is final and not subject to attack in collateral proceedings. Woodward v. State ex rel. Atkinson, 187 Ind. 367, 119 N. E. 482.

The action of the trustees and advisory board authorized by this section and section 6422, for the erection of a school house in a consolidated district is not open to attack by taxpayers by injunction. Leedy v. Idle, N. E. 323.

6422. Discontinuing schools.

App.

121

If a trustee improperly refuses to re-establish a school that has been discontinued when a proper petition is presented for such purpose, the remedy of such petitioners is by an appeal to the county superintendent and not by mandamus. Frost v. State ex rel., 181 Ind. 581, 105 N. E. 51.

See note to section 6421.

Where a grant of land for a school building provided that it should revert to the grantor whenever the property ceased to be used for school purposes, the grantor is entitled to retake the property where it ceased to be used for school purposes, even though the school authorities acting under this section abandoned the school because of poor attendance. Carter v. School Tp. of Liberty, 123 N. E. 645.

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6423. Transportation of pupils.

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App.

In an action to compel a township trustee to furnish free transportation to children to the public schools, it must be alleged in the complaint that the trustee has money in his hands that may be used for such purpose. State ex rel. v. Etcheson, 178 Ind. 592, 99 N. E. 996.

If a township trustee unlawfully refuses to furnish transportation for children to the public schools, an action will lie against him to recover damages without

an appeal having been taken from the action of the trustee to the county superintendent. State ex rel. v. Lane, 184 Ind. 523, 111 N. E. 616.

Notice need not be given by township trustees of the letting of contracts for the hauling of children to schools, nor is it necessary for the township advisory board to act with a trustee in letting such a contract. Patterson v. Middle School Tp., 50 App. 460, 98 N. E. 440.

Facts necessary to show that it is the duty of a township trustee to furnish free transportation for children to attend a school when the school that such children had been attending had been discontinued and it was necessary for such children to go to another school. Greenlee v. Newton School Tp., 55 App. 630, 104 N. E. 610.

If a township trustee fails to furnish transportation for school children, as required by this section, a parent of children may maintain an action on the bond of the trustee, without appealing to the county superintendent for relief as provided by sections 6372, 6667. State ex rel. Stockton v. Lane, 184 Ind. 523, 111 N. E. 616.

This section imposes on township trustees the duty to make some provision for the transportation of pupils, but the trustees may exercise sound discretion in furnishing the means of transportation. State ex rel. Stockton v. Lane, 184 Ind. 523, 111 N. E. 616.

[Acts 1919, p. 66. In force May 15, 1919.] 6423c. Pupils, when to have free transportation.

6423d. Transfer to nearest school.

The above sections 6423c and 6423d Supplement of 1918, being sections 1 and 2 respectively of the Acts of 1917, p. 130, as amended by sections 1 and 2, respectively of the Acts of 1919, p. 66, are repealed by section 6423r being section 4, Acts 1921, p. 743.

[Acts 1917, p. 130. Law without the signature of the Governor.] 6423e. Duty of trustee.-3. In all cases where pupils are transferred to schools in adjoining townships in the same county or in adjoining townships in adjoining counties, it shall be the duty of the township trustee of the township in which is located the school to which the transfer is issued, to provide for the transportation of such pupils: Provided, That such transportation will not necessitate any additional wagons or require an additional distance to be traveled. 6423f. Expense of transfer.

This section Supplement 1918 is repealed by section 5, Act 1919, p. 66, in force May 15, 1919. See section 6423n this Supplement.

6423g. Conveyances, ventilation and heat.-5. In order to insure the health and comfort of children who are transported as is herein provided, it shall be the duty of the township trustees to provide covered wagons or conveyances with windows in each side as well as in the front and rear. These wagons or conveyances shall be equipped with suitable arrangements for heating in the winter time.

[Acts 1919, p. 66. In force May 15, 1919.]

6423h. Drivers, qualifications.-6. It shall be the duty of township trustees to hire drivers for such wagons or conveyances who

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