snewpapers
AN ACT
To provide for the support of Common Schools, and for other purposes.
Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: That for the better support and maintenance of common schools in this territory, it shall be the duty of the county commissioners of each organized county, to add to the tax list, for the current expenses of each year, such sum as may be equal to one fourth of one per cent. upon the assessment roll for the same year, and to include the same in their warrant to the collector; and the said collector shall proceed to collect the said tax in the same manner as other county taxes are by law collected, and pay the same into the county treasury, to be appropriated to the erection of school houses, and the payment of teachers of common schools, as hereinafter directed, and for no other purpose whatever.
Sec. 2. The legal voters of all organized towns in this territory, shall annually, at the time and place of holding general elections in their respective towns, elect by ballot, three persons to be school commissioners of said town, whose duty it shall be to take charge of the school lands within the limits of said town, and to lease the same for some term not exceeding two years; to dispose of all fallen timber on said lands for the benefit of said town; to commence in their own name, and prosecute to effect all suits for trespass or other injuries done to said land, and to organize school districts within their respective towns, in the manner hereinafter prescribed; Provided, That the county commissioners may order an election of school commissioners at an earlier day than the next annual election, in which case the clerk of the board of county commissioners shall cause notices to be posted in at least three of the most public places in said town, giving not less than ten days' notice to the legal voters thereof, to meet at a time and place therein named for the purpose of electing by ballot three school commissioners.
Sec. 3. Whenever three or more legal voters, residing upon any tract or portion of territory, shall make application in writing to the school commissioners of the same town to be set off and organized into a separate school district, it shall be the duty of said commissioners to enquire into the matter, by personal examination or otherwise, and if they deem it expedient shall proceed to set off said district, defining the same by metes and bounds, and within ten days thereafter, shall file in the office of the clerk of the board of county commissioners, a plat thereof, with their certificate that such district has been set off and organized.
Sec. 4. All school districts set off and organized by said commissioners shall be by them named and numbered, commencing with number one and proceeding in numerical order, and from and after the filing the plat of any district, according to the provisions of the third section of this act, such district shall be a body corporate and politic, capable of contracting and being contracted with, of suing and being sued by the name given it by said commissioners, and shall have power to levy and collect taxes: Provided, that the taxes so levied shall in no case exceed five per cent: elect its own officers and prescribe their duties; make its own by-laws, and regulate its own internal police: Provided, That no by-law shall be passed repugnant to any law of this Territory, or of the United States.
Sec. 5. It shall be the duty of the school commissioners within ten days after the organization of any school district and the filing the plat thereof, as aforesaid, to cause notices to be posted in at least two of the most public places in said district, giving not more than ten, nor less than six days notice to the legal voters therein, to meet at a time and place specified for the purpose of electing a clerk, collector, and three trustees for said district, and to transact such other business as may be deemed proper when met.
Sec. 6. At the first meeting of the voters of any school district under the provisions of this act, a moderator shall be chosen to govern said meeting, who shall record at length all proceedings had, and under whose direction a district clerk, district collector, and three district trustees shall be elected by ballot, and the said moderator shall declare the persons having a majority of all the votes given, duly elected to their respective offices, for the term of one year and until others are elected.
Sec. 7. It shall be the duty of the clerk of each organized school district in this Territory, annually, on the first Monday of March in each year, to make correct duplicate lists containing the names of the heads of families in their respective districts, and the number of children in families between the ages of four to sixteen years, and within ten days thereafter, to file one of said lists in the office of the clerk of the board of county commissioners of the same county, and deliver one other of said lists to the school commissioners of the town within which said district may be situated.
Sec. 8. The county commissioners of each organized county in this Territory, shall annually, at their session in April of each year, apportion all monies then in the county treasury which have been appropriated to the support of common schools amongst the several districts within their respective counties, according to the number of scholars in each district, as shown by the lists of their respective clerks; and the school commissioners of each town shall on the same day, and in the same manner, apportion all monies that may have come into their hands for the aforesaid purpose, whether arising from the school lands or otherwise.
Sec. 9. It shall be the duty of the treasurer of each county, and of the school commissioners of each town, upon application to pay to each district or to any authorized agent thereof, all moneys which may have been previously set apart for, and apportioned thereto, and to take a receipt for the same.
Sec. 10. No district shall be entitled to receive its portion of money, unless the certificate of the clerk of such district under oath, shall accompany the list of scholars returned by him, stating that a school has been kept in such district for at least three months during the preceding year.
Sec. 11. In case it shall be necessary to form a school district from portions of two or more adjoining towns, application shall be made to the school commissioners of each town, who shall act together in the matter; and the clerk of any district so formed, shall return the number of scholars for each portion of said district to the school commissioners of the town in which said portion shall lie.
Sec. 12. The county commissioners of all counties in this Territory, wherein there shall be no organized towns, shall exercise and perform all the duties required by this act to be done and performed by the school commissioners, and for the purposes of this act, such counties shall be considered as organized towns.
Sec. 13. In all organized towns wherein school inspectors have been elected, and are now in office, such inspectors may do and perform all acts required of the school commissioners until the next general election, or until school commissioners shall have been elected according to the provisions of this act.
Sec. 14. Every male resident of any school district in this Territory, over the age of twenty-one years, shall be deemed a legal voter for the purposes of this act, and entitled to vote at any school district meeting.
Sec. 15. Every person employed to teach any district school, shall be examined by the school commissioners as to his qualifications to teach such school, and shall procure a certificate from the school commissioners, that he is qualified to teach the school in which he is employed, and is of good moral character: and any person who shall teach a district school without such certificate, shall forfeit and pay a sum not exceeding his wages.
Sec. 16. All contracts and leases heretofore made by, and with the commissioners of common schools, or inspectors of common schools, in relation to any school lands; shall be prosecuted in the name of the school commissioners of the proper town.
Sec. 17. An act entitled an act to establish common schools, now in force in this Territory, is hereby repealed.
Sec. 18. This act shall take effect from and after the tenth day of April, eighteen hundred and forty.
EDWARD V. WHITON, Speaker of the House of Representatives.
JAMES COLLINS, President of the Council.
Approved, January 13th, 1840.
HENRY DODGE.American Stories
AN ACT
To proDide for the support Of Common
Schools, and for other purposes.
maintenance of common schools in this ter ritory, it shall be the duty of the county commissioners of each organized county, TO add to the tax list for the current ex- penses Of each year, such sum as may be equal to one fourth Of one per cent. upon the assessment roll for the same year, and 10 include the same in their warrant 10 the collector; and the said collector shall pro- coed to collect the said tax in the same manner es other county taxes are by law collected, and pay the same into the county treasury, to be appropriated to the erection of school houses, and the payment of teach ers Of common schools, as hereinafter d. rected, and for no other purpose whatever.
SEC 2. The legal voters of all organl- zed towns in this territory, shall annually, at the time and place of holding general elections in their respective towns, elect by ballot, three persons to be school commits cioners Of said town, whose duty It shall be to take charge Of the school lands with in the limits of said town, and to lease the same for some term not exceeding two wears; 10 dispose of all fallen timber on said lands for the benefit OF said town; to commence in their own name, and prose- cute to effect all suits for trespass or other injuries done 10 said land, and to organize school districts within their respective towns, in the manner hereinafter prescr- bed; Prorided, That the county commits soners nav order an election OF school commissioners at an earlier day than the next annual election, IN which case the clerk Of the board Of county commission ers shall cause notices to be posted IN at least three of the most public places in said town, giving not less than ten days notice to the legal voters thereof, to meet at time and place therein named for the pur- pose of electing by ballot three school COM mssloners.
SEC. 3. Whenever three or more legal voters. residing upon any tract or portion of territory, shall make application in wrl- ting to the school commissioners oil the same town TO be set off and organized into q separate school district, it shall be the duty Of said commissioners to enquire into the matter, by personal examination or otherwise, and if they deem it eXpedent shall proceed to set off said district, def ming the same by metes and bounds, and within ten days thereafter, shall file IN the Office Of the clerk of the board of county commissioners, plat thereof, with their certificate that such district has been set OFT and organized.
SEC. 4. All school districts set off and organized by said commissioners shall be by them named and numbered, common cling with number one end proceeding IN numerical order, and from and after the filing the plat OF any district, according TO the provisions Of the third section Of this act, such district shall be a body corporate and polite, capable Of contracting and be- ing contracted with, Of sueing and being sued by the name given it by said commits sioners, and shall have power to levy and collect taxes: Prouided, that the taxes so levied shall in no case exceed five per cent: elect its own officers and prescribe their duties; make its own bylaws, and regulate its own internal police: Prorided, That no bylaw shall be passed repugnant to any law Of this Territory, or of the United States.
Sec 5. 1t shall be the duty of the school commissioners within ten days after the organization Of any school district and the filing tho plat thereof, as aforesaid, to
of the most public places in said district, giving not more than ten, nor less than six days notice 10 the legal voters therein, to meet at a time and place specified for the purpose of electing clerk. collector, and three trustees for said district, and to transact such other business as may be deemed proper when met.
Sec. g. At the first meeting of the vo- tiers Of any school district under the provi- sons Of this act, moderator shall be cho- sen to govern said meeting, who shall re cord atgIength all proceedings had, and I'M der whose direction district clerk, district collector, and three district trustees shall be elected by ballot, and the said modera- tor shall declare the persons having ma jority Of all the votes given, duly elected 10 their respective offices, for the term Of one year and until others are elected.
SEC. Z. 1t shall be the duty Of the clerk Of each organized school district in this Territory, annually, on the first Monday Of March in each year, 10 make correct duplicate lists containing the names of the heads of families in their respective dis trcts, and the number Of children in fam- lies between the ages Of four to sixteen years, and within ten days thereafter, to file one Of said lists in the office of the clerk Of the board of county commissioners Of the same county, and deliver one other of said lists TO the school commissioners of the town within which said district may be situated.
SEC. 6. The county commissioners Of each organized county in this Territory, eb,II annually. nj their session in April of
whether arising from the school lands or
whether arising from the school lands or otherwise.
SEC. 8. Il shall be the duty Of the trea- surer of each county. and of the school commissioners of each town, upon apPlica- ton to pay to each district or to any autho- rized agent thereof, all moneys which may have been previously set apart for, and apportioned thereto, and to take a receipt for the same.
Sec 10. No district shall be entitled to receive its portion of money, unless the certificate Of the clerk Of such district I'M der oath, shall accompany the list Of scho- lars returned by him, stating that school has been kept in such district for at least three months during the preceding year.
SEC. IL In case il shall be necessary to form a school district from portions CT two or more adjoining towns, application shall be made TO the school commissioners OF each town, who shall! act together in the matter; and the clerk Of any district so formed, shall return the number of schol- ars for each portion OF said district to the school commissioners Of the town in which said portion shall lie.
Sec. II. The county commissioners of all counties in this Territory, wherein there shall be no organized towns, shall exercise and perform all the duties requir- cd by this act to be done and performed by the school commissioners, and for the pur- poses Of this act, such counties shall be considered as organized towns.
Sec. 10. In all organized towns wherein school inspectors have been elected, and are new in Office, such inspectors may do and perform all acts required of the school commissioners until the next general cleo ton, or until school commissioners shall have been elected according to the provl- sions Of this act.
Sec. IA. Every male resident of any school district in this Territory, over the age of twenty-one years, shall be deemed legal voter for the purposes Of this act, and entitled 10 vote at any school district meeting.
SEC. Is Every person employed to teach any district school, shall be examined by the school, commissioners as TO his quallfl- cations to teach such school, and shall pro- cure a certificate from the school commits sioners, that he is qualified to teach the school in which he is employed, and is OF good moral character: and any person who shall teach district school without such certificate, shall forfeit and pay sum not exceeding his wages.
Sec IS. All contracts and leases hereto fore made by, and with the commissioners of common schools, or inspectors OF COM mon schools, in relation TO any school lands; shall be prosecuted in the name of the school commissioners of the proper town.
SEC II. An act entitled an act to esta- blsh common schools, nov in force in this Territory, is hereby repealed. Sec. ,le. This act shall take effect from and after the tenth day Of April, eighteen hundred and forty.
EDWARD Y. VIII TON, Speaker ofths House Of Representatives..
JAMES COLLINS,
President Of the Council.
Approved, January 18th, 1910.
HENRY DODGE.