shall furnish safe teams except when automobiles are used. In all cases such drivers shall be eighteen (18) years of age or older and of good moral character, and must be experienced in the handling of teams or the driving of automobiles, depending on which is used.

This section amends section 6423h Supplement of 1918.

[Acts 1917, p. 130. Law without the signature of the Governor.] 64231. Drivers can not sublet contract.-7. Such driver shall not sublet such contracts for driving school conveyances under penalty of forfeiture: Provided, That in the case of illness or unavoidable absence, substitutes be temporarily appointed: Provided, That such substitutes shall meet with the approval of the township trustee and shall possess the same qualifications as specified in section six (6) of this act.

6423j. Railroad crossings, caution prescribed.-8. In order to provide for the safety of school children, it shall be unlawful for any person or persons driving any township wagon or conveyance, as is herein provided for, and used for the purpose of carrying children to and from school, to permit such wagon or conveyance to cross or enter upon the track or tracks of any steam or electric railroad, upon approaching thereto, without having first brought such wagon or conveyance to a full stop, and having some responsible occupant of such wagon or conveyance get out, walk ahead to such track or tracks and declare the same to be clear after having looked in both directions for approaching trains or cars.

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

6423k. Expense, payment.

This section 6423k Supplement of 1918, being section 9, Acts 1917, p. 130, as amended by section 4, Acts 1919, p. 66, was repealed by section 6423r being section 4, Acts 1921, p. 743.

[Acts 1917, p. 130. Law without the signature of the Governor.] 64231. Penalty.-10. Any person or persons violating any of the provisions of this act shall, on conviction, be fined in any sum not exceeding five hundred dollars ($500) to which may be added imprisonment in the county jail, not exceeding six (6) months. 6423m. Prosecutor to enforce provisions.

This section of Supplement 1918 is repealed by section 5, Act 1919, p. 66, in force May 15, 1919.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

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

6423n. Repeal of sections.-5. Sections 4 and 11 of the above entitled act be and the same are hereby repealed.

This section 6423n repeals sections 6423f and 6423m Supplement of 1918, being sections 4 and 11 of the Act of 1917, p. 130.

[Acts 1921, p. 743. In force May 31, 1921.]

64230. Transfer and transportation of school children.-1. Whenever any child, resident in any school corporation of this state, can be better accomodated in the public schools of another school corporation, the school trustee or board of school trustees or board of school commissioners of the school corporation in which such child resides, shall, upon application of the parent, guardian or custodian of such child, made at any time, grant an order of transfer, which shall entitle such child to attend the schools of the corporation to which such transfer is made, under the conditions hereinafter prescribed: Provided, That in determining whether a child can be better accomodated in the schools of another school corporation than that in which such child resides, such matters as the proximity of the schools of the township and city to the residence of such child desiring the transfer, the kind and character of the roads to each, the means of transportation, if any, to each the crowded conditions of the schools in either of the two corporations shall be pertinent: And, provided, further, That the desire to attend a commissioned or accredited high school, when no such school is maintained in the resident school corporation, or when, in attending such commissioned or accredited high school, the living expenses can be more advantageously provided for in another school corporation, or when such commissioned or accredited high school in another school corporation is more accessible, shall be deemed reasons for such transfer: And, provided, further, That when pupils live within a distance of one mile nearer another school in the same or a different township in the same or a different county than the school to which they are assigned, it shall be the duty of the township trustee upon application from the parent, guardian or custodian of such pupils to issue a transfer to the nearer school, except that in cases where township conveyance is regularly furnished such pupils, the difference in distance between schools shall be two (2) miles before a transfer can be demanded.

6423p. Transportation of pupils of abandoned schools.-2. In all school corporations of this state, where a school has been abandoned within the last twenty (20) years, or may hereafter be abandoned, the school trustees shall provide and maintain means of transportation for all pupils of such abandoned school who live a greater distance than one and one-half (12) miles from the schools to which they are assigned: Provided, That township school trustees, boards of school trustees and boards of school commissioners may provide means of transportation for any pupils in any school district or school corporation, if the conditions in the school district or school corporation, in the judgment of the township trustee, board of school trustees or

board of school commissioners warrant the same: Provided, further, That school trustees be and they are hereby empowered at their discretion to transport high school pupils.

6423q. Payment of expense from special fund.-3. The expense of the transportation of school children, as necessitated by the provisions of this act, shall be paid out of the special school fund, and the expense of transfers shall be paid out of the special school fund or the township fund or the tuition fund, as now provided by law. The cost of transfers for any child in any case shall be that of the per capita cost per pupil of the school to which said child is transferred.

6423r. Repeal.-4. Section one (1) of an act entitled "An act to amend section 1 of an act entitled 'An act regulating the transfer of children from one school corporation to another, and fixing the price of tuition, repealing all laws and parts of laws in conflict therewith, and declaring an emergency,'" approved March 5, 1909, and sections 1, 2, and 4 of an act entitled "An act to amend sections 1, 2, 6 and 9 and to repeal sections 4 and 11 of an act entitled 'An act providing for regulating the transfer and transportation of all children to school,'" approved February 26, 1919, be and the same are hereby repealed.

This section repeals section 6449 Revision of 1914, being section 1, Acts 1909, p. 173, which amended section 1, Acts 1901, p. 448, not indicated above.

This section also repeals sections 6423c, 6423d and 6423k being respectively sections 1, 2 and 4, Acts 1919, p. 66, which amended the corresponding sections of Supplement of 1918, being sections 1, 2 and 9 of the act of 1917, p. 130, not indicated above.

[Acts 1919, p. 839. Law without the signature of the Governor.] 6433. Apportionment of fund.-2. The State Superintendent of Public Instruction shall, on the days fixed by law for his apportion

ment of the school revenue, in each year, add to the sum total of said revenue, in readiness in each county for apportionment, any amount in the state treasury ready for apportionment, together with ninetyone and eight-tenths per cent (91.8%) of the sum collected by virtue of the levy provided for in section 1 of this act; and, after said addition, the superintendent shall apportion the whole of said sum to the several counties of the state, according to the last enumeration of children therein, with due reference to the diminution provided for by law.

This section amends section 6433 Revision of 1914.

6434. Distribution of fund.-3. A sum equal to eight and twotenths per cent (8.2%) of the amount collected under the levy provided for in section 1 of this act, shall be a fund to be distributed as hereinafter provided.

This section amends section 6434 Revision of 1914.

6435. Town or township deficiency, certificate of trustees.-4. Whenever any trustee of a township or board of trustees of any school town shall ascertain that there is not a sufficient amount of tuition revenue in his or their hands to enable him or them to maintain the public elementary schools therein for the minimum term now or hereafter provided by law in such current school year, or the public commissioned or certified high school for a minimum term required of such commissioned or certified high school, he or they, as the case may be, shall certify in writing under oath such fact to the county superintendent of his or their county, stating therein the rate of the levy for local tuition purposes on each one hundred dollars ($100), and the taxes on each taxable poll made for the supplementary tuition tax by such township or school town in the year immediately previous to the school year in which such deficiency occurs, or will occur; also, stating the full amount received for tuition from each source, the names and number of teachers employed, the rate per diem paid them, the number of days each has taught and when he began teaching, and an estimate of the amount that will be necessary over and above the tuition revenue then on hand to complete such legal minimum term of all the public elementary schools in such school corporation, or the public commissioned or certified high school for a minimum term prescribed for holding a commission or certificate from the state board of education, or both. Said certificate shall be executed in duplicate. Said county superintendent shall immediately examine such certificate, and if he shall find the facts stated therein to be true, and shall further find that such school corporation has levied the highest amount authorized by law for such school municipality as supplementary tui

tion tax for the year in which such deficiency will occur, he shall forward one (1) of such certificates to the State Superintendent of Public Instruction, together with the results of his examination, and with the name and postoffice address of such township trustee or the treasurer of such school corporation.

This section amends section 6435 Revision of 1914.

[Acts July special session 1920, p. 35. In force November 13, 1920.] 6436. Superintendent and auditor, duties, additional revenue.-5. Upon the receipt of such statement from the county superintendent, the said superintendent of public instruction shall issue an order on the auditor of state in favor of such school corporation, if there be funds in the state treasury available for that purpose, for the amount necessary to bring the school term of said township or school corporation up to the minimum legal term, or the high school up to the term prescribed for holding a commission or certificate specifying the name of the trustee of such township, or the treasurer of said town, and his postoffice address. And the auditor of state shall at once draw a warrant on the treasurer of state, payable out of the fund provided for in section 3 of this act in favor of said township or town, payable to the trustee of such township or treasurer of such town, and mail the same to him: Provided, No such township trustee or treasurer of such school town shall be entitled to draw or receive the funds provided in this act unless said township trustee or school board of trustees has levied a local tuition tax of at least fifty cents ($0.50) on one hundred dollars ($100) of taxable property in such township or school town: and, Providing, That where any school trustee or corporation is maintaining a seven (7) months' term of school and finds the amount of tuition revenue insufficient for such purpose, such trustee or the treasurer of such school corporation shall be entitled to draw or receive the funds provided in this act in the event only such trustee or school board has levied a local tuition tax of not less than sixty cents ($0.60) on one hundred dollars ($100) of taxable property in such township or school town; and providing, that where any such trustee or corporation is maintaining the required minimum term for the public commissioned or certified high school, and finds the amount of revenue insufficient for such purpose, such trustee or the treasurer of such school corporation shall be entitled to draw or receive the funds provided in this act in the event only such trustee or school board has levied a local tuition tax of not less than seventy-five cents ($0.75) on each one hundred dollars ($100) of taxable property in such town. or township or school town; and providing, that said school trustee or treasurer of school corporation shall be entitled to draw or receive the funds provided in this act in the event only there is only one (1)