Expense.

Union institutes.

of examiners;

Superintendent are notified of the time and place of holding the same. Such institute shall hold a session of not less than two nor more than ten days. The actual expense of holding the institute, which shall not exceed one hundred dollars in any one year, shall be paid out of the county school fund, upon the warrant of the county superintendent accompanied with vouchers showing to whom and for what purpose the money was paid. Under the direction of the State Superintendent union institutes may be held by two or more counties, with an additional expense of not more than fifty dollars for each additional county represented, the whole expense thereof to be divided equally among the counties so represented; Provided, That institute meetings held once or twice a month during each year shall be equivalent to the institute mentioned in this section.

Sec. 32. The county superintendent, together County board with two other competent persons, shall constitute the compensation county board of examiners. The county superintendent shall be the chairman of the board; the associate examiners shall be residents of the county in which they are to serve, and shall be appointed by the board of county commissioners for a term of two years. The board of county commissioners shall determine the compensation of the two examiners thus appointed, and shall have power to remove them, or either of them, for misconduct or inability, and to fill any vacancies occurring in the office of either of the said two appointThe two appointees shall be paid for their services from the county school funds upon the warrant of the county superintendent approved by the board of county commissioners.

Examiners to hold teachers' examinations.

ees.

Sec. 33. The county board of examiners shall hold teachers' examinations during each year, at such times as the chairman may direct. If from the percentage of correct answers required by the rules, and other evidences disclosed by the examination, including particularly the superintendent's knowledge and information of the candidate's experience and ability as a teacher, the applicant is found to be a person of good moral character, and to possess such knowledge and understanding, together with aptness to teach and govern as will enable the applicant to teach successfully in the district schools of the State the various

branches required by law, said board of examiners shall grant to such applicant a certificate of qualification.

teachers.

Sec. 34. The certificates issued by the county Certificates of board of examiners shall be of two grades, grammar quest and primary, valid for one year, but may be renewed year by year without examination under such regulations as the board may provide. All certificates heretofore granted shall be valid for the full term for which they were issued. No certificate shall be granted unless the applicant be found proficient in pedagogy and qualified to teach the following branches of common English education, viz: reading, writing, spelling, English grammar, geography, United States history, arithmetic, physiology and hygiene, and nature studies. The percentage required to pass in any branch shall be Percentage to prescribed by the board of examiners. In addition to the regular grades of certificates, the county superintendent may grant a temporary certificate, valid un- Temporary til the next regular meeting of said board, but in no case shall such certificate be granted to the same person more than once; Provided, Certificates may be issued for one year by the board of examiners to teachers of special branches.

pass.

certificate.

to whom certifi

valid in county.

Sec. 35. No certificate to teach shall be granted Age of persons to any person under eighteen years of age. The certi- cates may issue; ficates issued by county boards shall be valid only in the county where issued. No person shall be employed Teacher to hold or permitted to teach in any of the district schools of certificate. the State who is not the holder of a lawful certificate of qualification. Any contract made in violation of this section shall be void.

certificate.

Sec. 36. All boards of examiners are authorized Revocation of and required to revoke, for immoral or unprofessional conduct or evident unfitness for teaching, any certificate granted by them.

ARTICLE IV.

SCHOOL DISTRICTS.

district a cor

Sec. 37. Every school district now or hereafter Every school created shall be and is hereby constituted a public cor-poration. poration to be designated as-school district of

-county, State of Utah, with its proper name inserted in the blank before the word school, and the proper name of the county inserted in the blank before

the word county, and in its own proper name as such corporation may sue and be sued, contract and be contracted with, and it may acquire, purchase, convey and hold real and personal property for school purposes.

Sec. 38. Each county and city, unless divided by Extent of school proper authority, shall form a school district.

district.

County commissioners may

create school divide or con

districts, and

solidate same.

May levy

special taxes.

county into

Sec. 39. The board of county commissioners of any county may create into a school district any territory not already so created, or may create a district out of a part or parts of one or more districts upon being petitioned to so do, by so many residents of such territory as have the care and custody of not less than twenty school children of school age residing therein, or upon the recommendation of the county superintendent. The board of county commissioners may, change the boundaries of, divide and consolidate existing school districts. Whenever the board of county commissioners of any county shall divide, consolidate or change the boundaries of existing school districts, said board shall have the power, as an incident to such division, consolidation or change, to equitably adjust the property rights and burdens of the several districts affected thereby, by apportioning existing school property and debts and by modifying or re-apportioning taxes already voted, in such manner as the justice of the case shall in the opinion of such board demand. To accomplish such adjustment the board of county commissioners may direct special taxes to be levied and collected on particular areas of districts so changed.

Sec. 40. In any county hereafter created the May divide new board of county commissioners thereof shall so divide school districts. the county or any part thereof, which has residing therein not less than twenty children of school age into school districts, as will best promote the permanent interests of the district schools in the county, upon the same petitions and subject to the conditions and restrictions provided in section 39 of this act.

Trustees for new district.

Sec. 41. Whenever any new district shall be created, by the board of county commissioners, said board shall forthwith appoint three trustees of said district, who shall be qualified electors therein, to serve until the next ensuing regular election for trustees.

ARTICLE V.

ELECTION OF SCHOOL TRUSTEES.

trustees and

Sec. 42. On the second Monday in July, 1896, Election of there shall be elected by the registered voters residing teria of office. in each school district, except in school districts provided for in Article XV of this act, three school trustees, one to serve for the term of three years, one for the term of two years and one for the term of one year and until their successors are elected and qualified. On the second Monday in July, 1897, and annually thereafter, there shall be elected by the registered voters residing in each school district except in school districts provided for in Article XV of this act, one school trustee to serve for the term of three years and until his successor is elected and qualified. Said trustees shall qualify by taking and subscribing the oath and bonds. of office and giving bonds to the district in which they reside, in such sums and with such sureties as the county clerk of the county wherein said school district is situated, may approve, conditioned for the faithful discharge of the duties of their office; said oath of office and bonds shall be filed with said clerk. The bal- Ballot to state lots used at such election shall state the names of the persons and the length of term voted for.

Qualification

term.

Sec. 43. The trustees or any two of them, whose organization of official bonds have been approved, shall constitute a school board. quorum for the transaction of business. They shall meet and organize within twenty days after their election, by appointing one of their number chairman, another clerk and another treasurer, and shall at once notify the county superintendent of such organization. Said trustees, when thus organized, shall constitute the district school board. The treasurer shall give bond to the district with sufficient sureties and for a sufficient amount to be approved by the board of trustees and filed with the county clerk.

Sec. 44. Meetings for the election of trustees, for Election meetvoting on the rate per cent. of taxes to be assessed, ings for trusand on the question of issuing bonds, shall be called by or bonds. the trustees, causing notices to be posted in at least three public and conspicuous places within the district, at least twenty days before the time for holding

Election confined to object

such meeting. Such notice shall state the time, place stated in notice. and object of such meeting, and if the polls are to be

furnish registration list.

opened at any such meeting to determine any question, the notice shall state the hours at which the polls will be opened and closed. All business transacted at such meeting other than specified in said notice shall be void. The voting at such meetings shall be by ballot. Sec. 45. It shall be the duty of the county clerk County clerk to to furnish the board of trustees of the district at least five days previous to the day of election for school trustee, a certified copy of the registration list, showing the names of all registered voters residing in the precincts, covered in whole or in part by such school district. The board of trustees of the district shall act as judges of election, and the clerk of the district school board shall act as clerk. The polls shall be kept open during four successive hours on the day of election. In case of a vacancy occasioned by the absence of any of the said officers at an election for trustee, the registered voters who are present at the time of the opening of the polls shall choose a person to fill such

Judges and clerk of election.

Canvass of votes.

Ties.

Certificate of election.

register and file with clerk of school board.

vacancy.

Sec. 46. Immediately after the polls are closed, the judges shall proceed to count and canvass the votes cast at such election and the person receiving the highest number of votes shall be declared elected. All ties shall be decided by lot.

Sec. 47. The clerk of the school board shall, within five days after such election, furnish each person elected with a certificate of election, a copy of which, with the oath of office, must be forwarded immediately to the county superintendent.

Sec. 48. At all elections for school trustees, for Judges to make levying taxes, for voting on the issuance of bonds, or for any other purpose, the judges of election shall register the name of each voter at the time his vote is cast, and shall file such register with the clerk of the board. Such register shall be a public record and subject to inspection by any person. Challenges for cause by any qualified voter shall be allowed at the polls, and promptly decided under the provisions of this act by the judges of election.

Challenges.

Qualified voters.

Sec. 49. Every citizen of the United States of the age of twenty-one years or over who has been a resident of the State or Territory of Utah for one year, of the county four months, and of the school district for