District Trustees; Election, Powers, and Duties of. As amend ed, July - 17, 1907, p. 478, $1. ARTICLE 7. DISTRICT TRUSTEES; ELECTION, POWERS, AND DUTIES OF. 1697-1701. 1697. (3560) (966) District trustees; election of; term of office. On the first Saturday in July, 1908, and each fourth year thereafter, at an hour to be fixed and appointed by the county superintendent of education of each county, and to be uniform throughout the county, after notice has been given thereof by the county superintendent of education by publication in a newspaper published in said county for three successive weeks (the expenses to be paid out.of the county treasury), and if there be no newspaper published in the county, then by written notices sent to each of the chairmen of the boards of district trustees in such county, the qualified electors of each public school district shall meet at the district schoolhouse and elect from among the freeholders and householders who can read and write residing in such districts, a local board of three district trustees whose duty shall be as hereinafter provided. The chairman, or, in his absence, a member, of the board of district trustees shall preside over such meeting and shall certify to the county superintendent of education the result of the election held thereat, which certificate must show the names of the district trustees elected at said meeting for the district, and said certificate must be filed with the county superintendent of education within five days after such meeting and election; provided, however, that in the event the chairman or other member of such board of district trustees should not be present at the time fixed for said meeting, or, being present, should willfully fail or refuse to call said meeting to order or to preside over the same, then the qualified electors of such district assembled may choose from among their number a person to preside over such meeting, and such person shall be fully authorized to so preside and to make the certificate of election of district trustees had at such meeting and to file the same as herein provided. Any qualified voter of such district may, within ten days after the holding of such election, contest the election of any person or persons shown to be elected by said certificate, by filing a contest in writing with the county superintendent of education and addressed to the county board of education, stating therein the ground for such contest, and it shall be the duty District Trustees; Election, Powers, and Duties of. of the county board of education, upon notice to them by the county superintendent of education of the filing of such contest, to meet and hear and determine such contests within twenty days from the holding of the election. The county superintendent of education, upon the filing of all such contests, shall immediately notify in writing such person whose election is contested, of the filing of the same and of the date and place where such contest shall be heard. Such district trustees shall hold office for the term of four years from the time of their election and until their successors are elected and qualified. (Feb. 10, 1891, p. 554, § 2; Feb. 7, 1879, p. 117, § 27.) Statute construed.Gibson v. Mabry, 145 Ala. 112 (40 So. 297). 4 Statute construed.-Gibson v. Mabry, 145 Ala. 112 (40 So. 297). ร 289, $7. 1698. District trustees; organization of. The trustees pro- Sep. 30, vided for in the preceding section shall within ten days after 1903, p. their election or appointment meet at the public school district schoolhouse, or some place more convenient to all concerned, and shall organize by electing one of their number chairman and another secretary. 1699. (3562) (968) Duties of district trustees.-The dis- Ib., § 8. trict trustees shall— 1. Make enumeration of children within school age as provided by law. 2. Care for all school property. 3. Nominate teachers for their school districts, such nomi- July 17, nation to be subject to the approval of the county board of 1907, p. education, the contract to teach to be made with said county board of education. 4. Visit the schools within their respective districts, observe the management of the same, and make quarterly reports of the condition of such school to the county superintendent of education. 5. Perform such other duties as may be required by the county board of education hereinafter provided for. If said district trustees shall fail or refuse for a period of thirty days after required in writing by the county board of education to nominate and submit for approval a teacher or teachers for their district, or for such period after so required in writing, shall fail or refuse to perform any of the duties required. of them under this section, the county board of education shall be authorized to perform any such duties, including the nomination and employment of teachers in lieu of said district trustees, wherein they have failed to perform them. History of subject: (Aikin's Digest, p. 374, § 22; Feb. 7, 1879, p. 117, § 31; Mar. 1, 1881, p. 67; Feb. 10, 1891, p. 554, § 4; Feb. 21, 1893, p. 1176.) Injunction to restrain payment of teacher.-Brasher v. Miller, 114 Ala. 485 (21 So. 467). 478, § 2. July 17, 1907, p. Ib., § 20; p. 478, § 7. County Superintendents of Education. Action against superintendent and sureties for breach of official bond.—Gay v. Bankston, 100 Ala. 280 (13 So. 939). 1700. Graded schools increase number of trustees.—Whenever there has been established in any school district, a system of graded schools free to the children of school age, within such district for a period of not less than eight months in each year, the electors of such district may increase the number of the district trustees to five, and assume entire control of the public schools therein; provided, the trustees of such districts shall make all reports required by law to the county board of education. 1701. Municipal school district; board of education and trustees for.-In all municipalities where there is a board of 17, 1907, education, the board shall have full charge and control of such separate school district, and shall have and exercise all the powers and authority conferred by law upon township trustees. In municipalities where there is no such board of education, the powers and duties of trustees shall devolve upon and be performed by the mayor and board of aldermen, or other governing body, of said municipality, and all funds due such separate school districts shall be paid to the board of education of such separate school district, or to the mayor, board of aldermen, or other governing body of such municipality, where there is no such board of education, by the county superintendent of education, as required by law. As amend 1903, p. 1702. (3550) (954) One elected for each county.-A county ed. Oct. 9, superintendent of education for every county shall be elected on the first Tuesday after the first Monday in November, 1908, and every fourth year thereafter, and all local, or special laws in conflict herewith are expressly repealed. 438, § 27. (Feb. 13, 1889, § 396; Feb. 7, 1879, p. 117, § 12.) General election law changed time of election, but did not repeal local law of certain counties.State v. Thompson, 142 Ala. 98 (38 So. 679); State v. Houghton, 142 Ala. 90 (38 So. 761). County Superintendents of Education. ed, Oct. 9, 1903, p. 1703. (3551) (955) Term of office; removal.-The term of As amendoffice of county superintendents shall commence on the first day of October next after their election, and shall hold office 438, § 27. for four years and until their successors shall qualify, and shall not be required to file their official bonds until fifteen days before the beginning of the term of office, and the terms of all county superintendents now in office are hereby extended to the first day of October, 1909. (Feb. 7, 1879, p. 117, § 22.) 1704. (3552) (956) Oath of office and bond.-Every county superintendent of education, before entering upon the duties of his office, must take the oath of office prescribed by the constitution, and give bond in an amount to be fixed by the superintendent of education, but in no case to be less than double the probable amount of money that may be in his hands at any time, with good and sufficient sureties, and payable and conditioned as official bonds of other public officers. (Feb. 7, 1879, p. 117, § 20.) 1705. (3553) (957) Approval and record of bond.-Such bond must be approved by, and, with the oath of office, must be filed and recorded in the office of the judge of probate of the county; and a certified copy of the bond must also be filed in the office of the superintendent of education for his approval. (Feb. 7, 1879, p. 117, § 20.) Failure to file copy with superintendent of education no defense to county superintendent or his sureties, in an action for his default.-Reed v. Summers, 79 Ala. 522. 1706. (3554) (958) New or additional bond; effect of notice to give. The superintendent of education shall require of any county superintendent of education a new or additional bond, in the same, or a different amount, as that of the original bond, whenever he shall find it necessary for the protection of the educational fund of the county; and no county superintendent of education, after receiving notice to give such new or additional bond, shall continue in the discharge of the duties of his office until such new or additional bond is given. (Feb. 7, 1879, p. 117, § 20.) 1707. (3556) (960) His duties.-The duties of the county as amend superintendent of education shall be as follows: ed, Sep. 30, 1903, 1. He shall have an office at the county site of his county, p. 289, where he must, on the first Saturday of each month, from the $15. beginning of the scholastic year until the close of the public schools for that year, be present to transact business with the officers and teachers of public schools. 2. He must receive and take charge of any money, funds, property, or proceeds of any character, raised in his county by County Superintendents of Education. county taxation, or which may accrue to him or to the county from any gift, grant, bequest, devise, endowment, or otherwise, to be used in aid of, or in connection with, money apportioned to his county from the educational fund, and shall faithfully keep the same, separate and apart from any other funds or property whatsoever; and after the county board of education shall have apportioned the public funds of the county, as in this Code provided, he shall, by and with the consent of the county board of education, distribute and pay out all money raised in accordance with this subdivision; but all money, raised by local taxation in any school district or incorporated city or town, shall be expended for the benefit of the district, city, or town in which the money is raised, and by such persons, and in such manner, as are authorized by the laws in force for the control and government of public schools in such district, city, or town. 3. He shall examine into the condition of all school funds of his county, including the sixteenth-section fund, and sixteenthsection lands unsold in his county; and he is authorized and required in the name of the state for the use of the township, to bring all necessary suits for the recovery of the possession of such lands, or against trespassers thereon. Against trespassers thereon.-Gaston v. State, 88 Ala. 459 (7 So. 340). 4. He shall, as soon as he receives the annual apportionment of the educational fund to his county and the same has been apportioned among the districts by the county board of education, notify the district trustees of each district of the amount apportioned to each separate school district. 5. He shall enter in a book or books, kept for that purpose, the exact amount and date of all moneys received and paid out by him on account of the educational fund of his county, showing by whom or to whom paid, and for what purpose, and also the amount of the educational fund apportioned to, and distributed in each district for each race; and such books shall be open to the inspection of all persons interested. 6. He shall, on or before the fifteenth day of October of each year, forward to the superintendent of education, on blanks to be furnished him by the latter, an annual report of the public schools of his county for the preceding year, which shall set forth (1) the amount of school money received by him from all sources to the end of the year, specifying how much was received from each source; (2) how much has been disbursed by him during such year, for what purpose, and the names of teachers to whom money has been paid, the time they taught, and the total amount paid to each teacher; (3) the amount of funds then in hand for each township or school district in his county; and (4) the manner in which, and the extent to which, |