School laws, state of Mississippi ... Annotated code of 1906

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SCHOOL LAWS

STATE OF MISSISSIPPI

CHAPTERS: 125, Schools; 13f, County Superintendents;
138, State Superintendent

Annotated Code of 1906

NASHVILLE, TENN.

BRANDON PRINTING COMPANY

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CHAPTER 125.

SCHOOLS.

4485. (3962) Uniform system of. — There shall be main-
tained a uniform system of free public schools for all chil-
dren between the ages of five and twenty-one years.

4486. (3963) Board of education; its meetings — The
board of education created by the constitution shall hold its
sessions at the seat of government. It may appoint the
time of meeting, and a called meeting of the board may
he held at any time upon the call of a member thereof.

448?- (3965) The same; to decide appeals — The board
of education shall decide all appeals from the decisions of
county superintendents, or from the decisions of the state
superintendent; but all matters relating to appeals shall be
presented in writing, and the board's decision shall be final.

4488. (3967) The same; to remove them in certain cases.
—For continued neglect of duty, for drunkenness, incom-

petency or official misconduct, the board of education may
remove a county superintendent; but before removal the
officer shall have ten days' notice of the charge, and be
allowed opportunity to make defense. The members of the
board are authorized to administer oaths, and to take or
cause depositions to be taken, and have the powers of a
court to compel witnesses to attend and testify in all matters
of investigation by the board.

4489. (3968) The same; to audit claims. — The board of
education shall audit all claims against the common school
fund, and allow so much as may be justly due, not to exceed
the amount allowed by law.

4490. (3969) The same; to fix expenses of state super-
intendent's office. — The board of education shall determine
the necessary contingent expenses of the superintendent's
office, including stationery, postage, printing, furniture, and

247901

other things necessary, and shall examine the accounts there-
for, and certify the same for payment.

4491. (3970) The same; administration; course of study;
arbor day — The board of education shall regulate all mat-
ters arising in the practical administration of the school
system which are not otherwise provided for; and it may
adopt a course of study to be pursued in the schools and may
designate a day to be observed as arbor day, which shall be
devoted to the planting of trees and otherwise improving the
school grounds.

4492. (3971) State superintendent; to require reports
from county superintendents. — The superintendent of public
education shall require annually, and as often besides as he
may deem proper, of the county superintendents detailed re-
ports of the educational business of his county, and shall give
him all necessary instructions.

4493- (3972) The same; to prepare, have printed, and
furnish the laws, blanks, books, etc., to school officers. — The
superintendent of public education shall prepare, have print-
ed, and furnish all officers charged with the administration
of the laws pertaining to the public schools, such blank
forms and books as may be necessary to the proper dis-
charge of their duties, and the questions for the examina-
tion of teachers. He shall have the laws pertaining to the
public schools printed in pamphlet form, and publish therein
forms for conducting school business, the rules and regu-
lations for the government of schools that he or the board of
education may recommend, and such other matters as may
be deemed worthy and of public interest pertaining to the
subject.

4494. (3973) The same; conference with county superin-
tendents.— The state superintendent may meet the county
superintendents of each judicial district or of two or more
districts combined, at such time and place as he shall ap-
point, giving them due notice of such meeting. The objects
of such meetings shall be to accumulate facts relative to
schools, to compare views, to discuss principles, to hear dis-

cussions and suggestions relative to the examinations and
qualifications of teachers, methods of instruction, text-books,
institutes, visitation of schools, and other matters embraced
in the public school system.

4495' (3974) The same; official opinions. — The state su-
perintendent shall, at the request of any county superintend-
ent, give his opinion, upon a written statement of the facts,
on all questions and controversies arising out of the inter-
pretation and construction of the school laws in regard to
the rights, powers and duties of school officers and county
superintendents, and shall keep a record of all such decisions.
Before giving any opinion the superintendent may submit
the statement of facts to the attorney-general for his advice
thereon; and it shall be the duty of the attorney-general
forthwith to examine such statement and suggest the proper
decision to be made upon such facts.

4496. (3975) The same; to advise county superintend-
ents.— The state superintendent shall advise county superin-
tendents upon all matters involving the welfare of the
schools. (See Sees. 4809-4816.)

4497- (3979) The same; duties generally. — It shall be
the duty of the county superintendent:

(a) To employ for each school under his supervision,
such teacher or teachers as may be recommended by the local
trustees; but the teacher shall hold his certificate of proper
date and grade and execute the required contract;

(b) To examine the monthly reports of teachers and re-
quire the signatures of a majority of the trustees certifying
to the accuracy of the report, and upon the report thus certi-
fied to issue a pay-certificate showing the amount of salary
due, and the scholastic month for which it is issued. The pay-
certificate must be in the form prescribed by the board of
education, and a stub duplicate made out and preserved in
his office;

(c) To fix the salaries of teachers and to make contracts
with them;

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(d) To enforce the course of study adopted by the board
of education, and the uniform text-books adopted for the
county ;

(e) To enforce the law and the rules and regulations in
reference to the examination of teachers ;

(f) To visit the schools and require teachers to perform
all their duties;

(g) To select and employ teachers for public schools
whose trustees fail to report a selection within ten days of
the time fixed by the county school board for the beginning
of the term;

(h) To administer oaths in all cases of teachers, trustees,
and others relating to the schools, and to take testimony in
appeal cases under the school law ;

(i) To keep on file and preserve in his office the biennial
report of the superintendent of public education, and all cir-
cular letters sent out by him, and a copy of the school law ;

(/) To distribute promptly all reports, laws, forms, cir-
culars and instructions which he may receive for the use of
school officers and teachers, from the state superintendent
of public education.

(k) To carefully preserve all reports of school officers and
teachers, and, at the close of the term of office, deliver to
his successor all records, books, documents, and papers be-
longing to the office, taking a receipt for the same, which
shall be filed in the office of the chancery clerk ;

(/) To make annually, on or before the first day of Octo-
ber, a written report to the board of supervisors and mayor
and board of aldermen of the municipality, constituting a
separate school district, showing the name, sex, and color of
the teachers employed during the preceding scholastic year,
the number of months taught by each, and the aggregate
amounts of pay-certificates issued to each and to all; and
the report shall be filed in the office of the chancery clerk
or the municipal clerk, as the case may be, and be com-
pared by said officer with the pay-certificates of the county
superintendent for the period embraced in the report;

(m) To file with the chancery and municipal clerks, be-
fore issuing any pay-certificate for the current term, lists of
the teachers employed, and the monthly salary of each as
shown by the contract, and to add to the list any teachers
subsequently employed ;

(n) To keep in his office and carefully preserve the pub-
lic school record provided; to enter therein the proceedings
of the county school board, the decisions of appeal cases,
and other official acts; a list of the teachers examined, li-
censed, and employed; and, within ten days after they are
rendered, to record the data required from the monthly and
term reports of teachers, and the annual reports of county
and separate school district treasurers ; and from the summa-
ries of records thus kept, to render, on or before the twen-
tieth of October an annual report to the state superintendent
in the form and containing the particulars required ;

(0) To observe such instruction and regulations as the
board of education may from time to time prescribe, and
make special reports to those officials whenever required;
and

(/>) To perform such other duties as may be required of
hiir, by law or the rules and regulations of the board of edu-
cation ; and in no case shall he receipt for a teacher's war-
rant, or collect the money on the same.

4498. (3980) The same; penalty for failure to report. —
If a county superintendent fails to make his annual report
to the state superintendent by the twentieth day of October,
he forfeits fifty dollars of his salary ; and the board of su-
pervisors, upon receiving from the state superintendent of
public education notice of such failure, must deduct the
amount forfeited from his salary.

4499- (398i) The same; office days. — The county super-
intendent shall be at the county seat on Saturdays of each
scholastic month of the term to receive monthly reports,
issue pay-certificates, and attend to other official duties. If
absent, without leave previously granted by the board of
supervisors, the board shall deduct from his salary ten dol-

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lars for each day's absence, unless prevented by illness or
other unavoidable cause. And when there are two judicial
districts in his county, the superintendent shall alternate,
going to the courthouse of the districts alternately. (See
Sees. 3482, 4813.)

45°°- (3982) The same; reports. — The county superin-
tendent shall make to the board of supervisors and mayor
and board of aldermen of a municipality constituting a sepa-
rate school district, reports for each scholastic month, which
shall show the amount of pay-certificates issued for that
month, together with a statement showing the schools vis-
ited, the date of visitation, and the time he spent in each
school during his visit ; and it shall be unlawful to allow the
salary of the superintendent until said report be on file.

4501. (3983) The same; salary, how paid. — The salary of
the county superintendent shall be paid monthly out of the
county school fund, on allowance of the board of super-
visors after it has approved the report required to be made
to it every month by the superintendent, and the salary is
fixed at five per centum of the total school fund received
by the county annually; but a county superintendent shall
not receive more than twelve hundred dollars, nor less than
seven hundred and twenty dollars per annum, and in fixing
the salary for any year it shall be based on the amount of
school funds received by the county during the preceding
scholastic year; provided, the board of supervisors may fix
the salary of the county superintendent at an amount be-
tween twelve and eighteen hundred dollars, without refer-
ence to the amount of the school fund, and when the board
of supervisors so fixes the salary of a county superintendent,
such county superintendent shall not pursue any other secu-
lar profession or business of a public nature, but shall de-
vote his entire time to the duties of his office. Municipalities
constituting separate school districts and rural separate
school districts shall pay their proportionate part of salary,
estimated upon the amount of funds received from the state
distribution.

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4502. (3984) The same; visiting schools. — The county
superintendent shall visit all the schools in his county at
least once during the term. On the first visit he shall
remain at least two hours, and shall, in county schools, cor-
rect any deficiency which may exist in the classification of
the pupils or the government of the school ; and in separate
school districts he shall call the attention of the trustees
to such deficiencies for correction by them. He shall note
down the condition and value of the building and lot, and
of the furniture, the methods of instruction, the branches
taught, and his estimate of the ability of the teacher to con-
duct a school. He shall give such directions and make such
recommendations as he deems expedient and needful to se-
cure the best results in the instruction of the pupils, and shall
examine the classes to see that thorough work is done. He
shall urge patrons to provide their children with comforta-
ble and well-furnished schoolhouses. For every school not
so visited, the board of supervisors must, on proof thereof,
deduct ten dollars from his salary.

45°3- (39^5) The same; to settle disputes in schools. —
In all controversies arising under the school law, the opin-
ion and advice of the county superintendent shall first be
sought, from whose decision an appeal may be taken to
the state board of education, upon a written statement of
the facts, certified by the county superintendent or by the
secretary of the trustees.

4504. (3986) The same; may suspend or remove a teach-
er or trustee; fill vacancies. — For incompetency, neglect of
duty, immoral conduct, or other disqualification, the county
superintendent may suspend or remove any teacher or trus-
tee from office, except in separate school districts. And for
the purpose of conducting inquiries and trials, the superin-
tendent has the same power as a justice of the peace to issue
subpoenas for witnesses, and to compel their attendance and
the giving of evidence by them. When from such cause,
or from death, resignation, or other cause, a vacancy in
either of the above named offices occurs, it shall be the duty

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of the county superintendent, within ten days after the va-
cancy occurs, or as soon thereafter as practicable, to supply
the same by appointment.

45°5- (3987) The same; may revoke teachers' license. —
For intemperance, immoral conduct, brutal treatment of a
pupil, or other good cause, the county superintendent may
revoke the license of a teacher; but the teacher shall be
allowed an appeal to the state board of education, to whom
statement, under oath, of the facts may be made by the su-
perintendent and other interested parties. The teacher must
be notified of the charges ten days before the trial, by the
county superintendent.

4506. (3988) The same; duty to successor. — The county
superintendent, when he resigns, vacates, is removed, or
goes out of office, shall, within ten days thereafter, deliver
to his successor or to the clerk of the chancery court for
him, all money, property, books, effects or papers remaining
in his hands.

45°7- (3989) The same; record of names of trustees, etc.;
official notices. — The county superintendent shall attend at
his office on the fourth Saturday in September of every year
to receive the certificates of election of trustees. He shall
make a record of the names of trustees, showing the dis-
tricts in which they were elected, and the postoffice of each.
He shall at that time deliver to the trustees of each district
such blanks as they will need for the coming school year,
and give them such information with regard to their duties as
may be required. He shall address all official correspondence
to the trustees ; and notice to them shall be regarded as
notice to the people of the district, and it shall be the duty
of the trustees to notify the people.

45o8. (3990) The same; not to speculate in teachers' war-
rants, etc — Any county superintendent, or other county offi-
cer, his agent or deputy, who shall purchase any teacher's
warrant or pay certificate at less than the amount for which
the same shall be drawn, or at a discount, or shall cause
another person so to purchase the same, or shall in any way,

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directly or indirectly, realize a profit from any transaction
in teachers' warrants or pay-certificates, or any trade or
speculation therein, or loan or advance thereon, shall be
guilty of a misdemeanor, and, upon conviction, shall be fined
not less than one hundred dollars, nor more than five hun-
dred dollars, to be deducted from any money due him as sal-
ary, or recoverable on his bond; and one-half of said fine
shall be paid to the person giving information of the mis^
demeanor, and the guilty superintendent shall be removed
from office. (See Sees. 981, 1315.)

4509. Deputies; when appointed; compensation. — The
county superintendent of education may, when prevented by
sickness from attending to the duties of the office, appoint a
deputy, who shall be authorized to discharge all duties per-
taining thereto. The qualifications of the deputy shall be
the same as the qualifications of a first grade teacher. The
deputy superintendent shall be paid not less than seventy-
five per centum of the salary the county superintendent shall
receive for an equal period of time, and shall be paid out of
the salary of the superintendent of education.

4510. (3991) School boards; how appointed, etc. — There
shall be a county school board, consisting of one member
from each supervisor's district, to be appointed for a term of
four years, by the superintendent, within ninety days after
his term of office begins, the appointments to be subject
to ratification by the board of supervisors. A majority of
the members shall be a quorum for the transaction of
business. For neglect of duty the superintendent may re-
move a member of the school board ; and he shall fill all va-
cancies occurring from any cause.

4511. (3992) The same; how to qualify; compensation. —
Members of the county school board shall qualify by sub-
scribing to the oath of office before the superintendent, and
shall receive as compensation for their services, three dollars
for each day's actual service, to be paid as teachers' salaries
are paid ; but they shall not be paid for more than five days
in any one year.

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45 12. (3993) The same; ex officio president; boundaries
of school districts. — The county superintendent shall be
president of the school board, and shall convene it annually,
prior to the first day of August, to define the boundaries
of the school districts of the county outside of the separate
school districts, or to make alterations therein, and to des-
ignate the location of the schoolhouse in each district, if not
already located. (See Sec. 3072.)

4513. (3994) The same; certain institutions of learning
considered (Laws 1900, ch. 117). — In districts containing
not more than one chartered institution of learning, the
board shall locate the public school, if it be so desired by
the authorities of the chartered institution, with the consent
of the trustees of the chartered institution, at the site there-
of; and the public school shall be conducted in accordance
with the rules and regulations of the chartered institution of
learning, and the local trustees of public schools, and the
trustees of the chartered school shall, in joint session, elect
teachers for the public school.

4514. (3995) The same; separate districts for the races;
descriptions of districts (Laws 1896, ch. no). — Separate
districts shall be made for the schools of the white and
colored races, and the districts for each race shall
embrace the whole territory of the county outside
the separate school districts. A regular school dis-
trict shall not contain less than forty-five educable
children of the race for which the district is es-
tablished, except where too great distance or impassable ob-
structions would debar children from school privileges; in
such cases the school board may, in its discretion, establish
a regular district containing not less than fifteen educable
children. In places where swamps, large streams, or other
bodies of water which are not crossed by foot bridges ren-
der it impracticable to establish regular districts as above
provided, the school board may establish special districts
for such children as live in the forks or bends of the
streams or other bodies of water, or who are prevented from

13

attending school by other impassable obstruction; provided
that a special district shall not be established for less than
ten educable children, but such special district may contain
less than nine square miles of territory, and the whole num-
ber of such special districts in a county shall not exceed one-
fifth of the number of regular districts; adjacent parts of
counties may, by the county school board, be embraced in
a line school district, the superintendent previously consent-
ing thereto and reporting to the board the territory to be so
included. Trustees of such districts may reside in either
county. The teacher may be licensed in either county, but
the superintendent must previously agree upon the amount
of salary to be paid, and each must contract with the teacher
for the proportionate part of the salary, and shall require the
teachers' monthly reports to him to show the statistics of
the whole school, and also separately those of his county. In
defining the boundaries of school districts the school board
shall pay due regard to the larger water-courses of the
county, using parts of them as boundary lines whenever
practicable. In counties not laid off into townships, the
metes and bounds of the school districts shall be defined by
streams, by the line of farms, or otherwise.

45 J5- (3996) The same; districts so made that all chil-
dren can attend. — The districts shall be so arranged as to
place all children within reasonable distance of a school-
house ; and one public school shall be maintained in each dis-
trict ; but when less than five children attend school in a dis-
trict, the school shall be discontinued by the superintendent
at the end of any scholastic month.

4516. (3997) Attendance out of proper distance. — Chil-
dren residing in one district may attend school in another,
with the consent, in writing, of the trustees of both districts,
and of the county superintendent; but pupils shall not be
allowed to attend more than one term during a scholastic
year.

45 17- (399S) Teachers' register and outline map. — It
shall be the duty of the county superintendent to prepare,

14

on township blanks, an outline map, showing the numbers of
the sections and parts of sections embraced in each school
district outside of the separate school district, and to paste
the same in the school register for the district before deliver-
ing it to the teacher thereof. It shall be unlawful to issue
a pay certificate to the teacher of any district not established
and recorded in accordance with the provisions of the law.

45*8- (3999) Trustees; qualifications; how elected (Laws
1894, ch. 65). — There shall be three trustees for each of said
school districts, each to be chosen for a term of three years,
but so chosen that one will be selected every year. They
shall be persons of good character, patrons of the school,
and able to read and write. The trustees shall be elected by
the patrons of the school, except in separate school districts.

4519. (4000) The same; when and how elected and certi-
fied (Laws 1894, ch. 65). — On the first Saturday of August
of each year the patrons of each district not constituting a
separate school district shall meet at the schoolhouse at two
o'clock p.m., organize and select a chairman and secretary,
and elect by ballot one trustee for three years. At every
such meeting the holding over trustees shall have prepared
and present a list of the names of patrons entitled to vote for
trustees. The chairman and secretary shall forthwith cer-
tify the result of the election to the county superintendent,
and cause the certificate thereof to be delivered to him on
or before the following Saturday. If from any cause a va-
cancy occurs in the office of trustee, outside of a separate
school district, the county superintendent shall fill the same
by appointment, unless the patrons thereof shall fill the same
by an election within ten days after such vacancy occurs.

4520. (4001) The same; vacancy; how filled. — If from
a failure to qualify, or from other cause, there be a vacancy
in the office of trustee, outside of a separate school district,
the county superintendent shall fill the same by appoint-
ment, in writing; and the trustee so appointed shall hold
office until the end of the vacant term, and until his suc-
cessor be elected.

15

4521- (4°°2) The same; quorum; executive officer; re-
movals— Two of the trustees constitute a quorum to trans-
act business. Upon organization, the trustees shall select
a secretary, whose duty it shall be to preside at all meet-
ings, to make the reports, and to perform all other duties
required by law. If a trustee refuse to discharge the duties
of the office or refuse to patronize the school, the office shall
become vacant, and the county superintendent shall appoint
another person to be trustee.

4522. (4003) The same; to select teacher. — The trustees
shall meet annually, on or before the fifteenth day of Sep-
tember, to select a teacher if the school be opened during
the winter term, and they shall at once notify the county
superintendent of their selection. If the trustees fail so to
report, or, if the teacher selected fail to obtain a license,
the superintendent shall appoint a licensed teacher, and have
the school taught during the winter term.

4523. (4004) The same; to examine enumerations. — The
trustees shall scrutinize carefully the enumeration of educa-
ble children who attend the school made by the teacher,
see that the children of the district and none others are in-
cluded in the list, and certify the same over their official
signatures placed in the teacher's register at the end of the
list; and the enumeration thus reported and certified shall
guide the superintendent in determining the salary of the
teacher for the ensuing year.

4524. (4005) The same; other duties. — The trustees may
suspend or expel a pupil for misconduct, and shall look after
the interests of their schools, visit the same at least once
during each month by one or more of their number, see
that fuel is provided, protect the school property and care
for the same during vacation, and arbitrate difficulties or
disputes between teachers and pupils ; but either party feel-
ing aggrieved by their decision, may appeal to the county
superintendent, and from him to the state board of educa-
tion. And the trustees may make provisions for the com-
fort and welfare of the pupils; but the same shall not in-

16

volve an expenditure of money not already appropriated
for the purpose by the proper authorities.

4525. (4006) Trustees of separate school districts. — The
powers and duties of trustees of separate school districts are
as follows :

(a) To prescribe and enforce rules, not inconsistent with
law or those prescribed by the state board of education, for
their own government and government of schools, and to
transact their business at regular or special meetings called
for such purpose, notice of which shall be given each
member.

(b) To manage and control the school property within
their district, and to employ janitors ;

(c) To enforce in schools the course of study and the
use of text-books prescribed and adopted by the proper
authority ;

(d) To appoint librarians therefor, and enforce the rules
prescribed for the government of school libraries.

(e) To exclude from school and school libraries all books,
publications, or papers of a sectarian, partisan, denomina-
tional or immoral character;

(/) To suspend and expel pupils for misconduct;

(g) To visit every school of their district at least once in
each month, and examine carefully into its management,
condition and wants ;

(h) To maintain all the schools under their control for
an equal length of time during the year ;

(i) To furnish blackboards and other necessary furniture
for the use of the schools.

(/) To elect a superintendent, if one be required, and a
principal for each of the schools, and prescribe their powers
and duties;

(£) To elect teachers, fix their salaries, terms of service,
contract with them, and impose fines and penalties for
neglect of duty ; but they cannot contract with a principal or
teacher who does not hold a license from the county super-
intendent ;

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(/) To require the principal of each school to keep the
records thereof in such manner as to show, by age, race and
sex, the educable children who attend the school, the enroll-
ment and the average attendance, and at the end of the
term to make complete term report to the trustees, showing
the above statistics and such others as may be required of
the county superintendent for his annual report to the state
board of education. The secretary of the trustees shall,
within ten days after the close of the term, transmit their
report to the county superintendent; and it shall be unlaw-
ful for the superintendent to issue pay-certificates for the
last month's attendance of county pupils until said report is
filed with him.

(m) To determine annually the amount of money re-
quired for the support of the public schools and for carrying
into effect all the provisions of the law in reference thereto ;
and in the pursuance of this provision the trustees shall, on
01 before the fifteenth of July of each year submit in writing
to the mayor and board of aldermen a careful estimate of
the whole amount of money to be received from the state
and county, and the amount required from the municipality
for the above purpose.

4526. (4007) The same; how chosen. — The schools of
such district shall be under the control of five trustees, to
be elected on the second Monday in April, or at the first
regular meeting prior thereto, by the mayor and board of
aldermen, or in the manner prescribed by the board ; and the
trustees shall all be patrons of the school. The conditions
of eligibility imposed and powers granted trustees, under
the general law, shall apply to trustees of separate school
districts, and they shall be subject to the same penalties,
and to removal from office by the board for the neglect of
duty, but no member of the board of aldermen shall be eli-
gible to the office of trustee; or any one who is a trustee
of a private or sectarian school or college in same separate
school district.

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4527- (4008) The same; term of office. — The trustees
shall be chosen for a term of three years ; two being chosen
each year for two successive years, and one being chosen
during the third year, as vacancies shall occur. In unincor-
porated districts the vacancies annually occurring shall be
filled as hereto provided for the appointment of trustees
of such district. Their term of office shall be three years,
and vacancies shall be filled by .the mayor and board of
aldermen, but vacancies in unincorporated districts shall be
filled by the county superintendent of education. Existing
trustees of separate school districts shall remain in office
according to the terms of their appointment or designation,
unless selected under the general law; and where they are
numerous and authorized to act by a smaller number to be
selected by them, they may continue to do so.

4528. (4009) As to all school trustees. — The trustees have
the power to exclude from the schools children of filthy or
vicious habits, or children suffering from contagious or
infectious diseases.

4529. (4010) The same; nepotism forbidden. — It shall
be unlawful for a trustee of any school to vote for any per-
son as a teacher who is related to him by blood or marriage
within the third degree, or who is pecuniarily dependent
upon him.

453°- (4O11) Separate school districts. — Any munici-
pality, by an ordinance of the mayor and board of aldermen
thereof, or any unincorporated district of not less than six-
teen square miles, by the county school board, on a petition
of the majority of the qualified electors therein, may be de-
clared a separate school district, but shall not be entitled
to the rights and privileges of a separate school district
unless a free public school shall be maintained therein for a
term of at least seven months in each scholastic year.

4531. The same; rural. — For separate school districts
having no municipal organization, the board of supervisors,
on petition of a majority of the tax-payers of a separate
school district, shall levy the required tax; and the county

19

tax-collector shall collect the same and deposit it with the
county treasurer to the credit of the district for which it
was levied. Such fund shall be disbursed on pay-certificates
issued by county superintendent when he shall have re-
ceived an order from the trustees of the district. Trustees
shall be appointed by the county superintendent of education.
When a majority of the qualified electors of a district shall
petition by the first day of April in each year for the appoint-
ment of certain patrons to be trustees, the county superin-
tendent shall appoint those recommended, but when no peti-
tion is filed with the superintendent, or a majority of the
qualified electors fails to recommend trustees, the county
superintendent shall make the appointments.

4532- (4°12) The same; county children may attend. —
Children may attend the school of a separate school district
in their county, and the county during the winter term shall
pay the actual cost of tuition in the school they attend. In
computing the cost of tuition, the salary of the municipal
superintendent, if there be one, shall not be included as a
part of the salaries of teachers, and the salary of a teacher
shall not be rated at more than the maximum fixed for
teachers of similar grade; but a child in the county shall
not attend a separate school district without the consent, in
writing, of the trustees thereof, and of the trustees of the
school of his district.

4533- (4OI3) Territory to be added to separate school
district. — Any part of a county or counties adjoining a mu-
nicipality which is a separate school district, may be in-
cluded in such district upon a petition of a majority of the
resident freeholders of the territory proposed to be added,
and the approval of the municipal authorities. The school
taxes in such added territory shall be collected by the county
tax-collector and deposited with the municipal treasurer of
the district.

4534. (4014) The same; levy taxes for school purposes;
erect school buildings and issue bonds. — The mayor and
board of aldermen of a municipality constituting a separate

20

school district, or board of supervisors of unincorporated
separate districts in the manner heretofore provided, shall
annually levy a tax sufficient to pay for fuel and other neces-
saries for its public free schools, and shall make such levy
of taxes as may be necessary to maintain the schools,
after the expiration of the four months' term provided for
by the state, or to supplement during the four months for
the funds distributed by the state. And such municipality,
or board of supervisors for unincorporated districts in the
manner heretofore provided for, may levy and collect taxes
to erect and repair school buildings, and may issue bonds
for that purpose in the manner provided in the chapter
on "Municipalities." But a tax in excess of three mills on
the dollar shall not be levied or collected without the con-
sent of a majority of the tax-payers of the municipality.
(See Sec. 3415.)

45 35- (4OI5) The same; graded schools. — A separate
school district may make either or both of its schools
graded schools; and graded schools may be of two kinds —
a graded grammar school and a graded high school. In
every graded school there shall be a graded grammar school,
in which the common school curriculum shall be included;
and the graded high school shall be composed of pupils who
have passed through the grammar grades, or who shall pass
an examination therein; and the course shall be completed
in four years. The trustees may fix reasonable tuition fees
for the graded high school department, or it may be free;
and they may prescribe what other studies shall be taught
in the graded high school.

4536. (4016) Examination of teachers; board of exami-
ners (Laws 1900, ch. 113). — Two first grade teachers, to be
appointed annually prior to the fall examination by the
county superintendent shall, with the county superintendent,
constitute an examining board for each county; provided,
the members of said board shall not be related by affinity
or consanguinity (but a teacher of a normal or training
school shall not be appointed on the board). A majority

21

of said board shall be present and conduct all examinations
of teachers, as herein provided, and they shall as a board,
and not individually, review and grade the examination
papers submitted by applicants for license to teach. The
teachers comprising the board shall each receive two dol-
lars and one-half for each day of actual service in holding
the examinations and twenty-five cents additional for grad-
ing the papers of each applicant, to be paid out of the school
fund in the same manner as teachers' salaries are paid. The
examiners shall qualify by taking and subscribing the oath
of office before the county superintendent, who shall file
it in his office ; and for violations of any section of this law
which refers to examinations, they shall be subject to the
same penalties as the county superintendent.

4537. The same; vacancies; how filled. — Should a vacancy
occur in the office of examiner, the same shall be filled by
appointment by the county superintendent of education.

4538. (4017) The same; when examinations held (Laws
1902, ch. 106). — On Friday and Saturday of the first four
weeks of September, and of the first four weeks of April,
the examining board shall hold, under regulations prescribed
by the board of education, a written examination of appli-
cants to teach. The examination shall be held at the county
site, and in the public school building or in the court room
whenever practicable. In counties having two court districts
the examination shall be held alternately at the places of
holding court, if the convenience of the teachers requires it.
The superintendent shall exclude from the rooms all per-
sons who are not examiners or applicants for license. There
shall be separate examinations for the two races.

4539- (4OI8) The same; how conducted. — The examina-
tions shall be held upon questions prepared by the state
superintendent of education, and sent, sealed, to the county
superintendent, to be opened by him in the presence of the
teachers after they have assembled in the examination room,
and after the seals have been inspected by the examiners.
The questions on one subject at a time shall be written upon

22

a blackboard, and the answers thereto shall be written in ink
in the presence of the examiners, and delivered to the super-
intendent before the questions on the next subject are given
out. All questions prepared by the state superintendent
shall relate only to the branches of study required to be
taught in the public schools.

4540. (4019) The same; curriculum. — The branches of
study upon which teachers are required to be examined con-
stitute the curriculum of the free public schools. (See Sees.
4543, 4544.)

4541. (4020) The same; all teachers must be licensed. —
It shall be unlawful for a county superintendent, or the
trustees of a separate school district, to contract with a
teacher who does not hold a license valid for the scholastic
year in which the school is to be taught, and of a grade
sufficiently high to meet the requirements of the school.

4542. (4021) The same; good character. — Before a
license to teach shall be granted, the applicant must furnish
the superintendent satisfactory evidence of good moral
character, and of ability to govern a school.

4543. (4022) The same; what examined on; -first and
second grades. — To obtain a first-grade license the applicant
must be examined on spelling, reading, practical and mental
arithmetic, geography, English grammar and composition,
United States history, history of Mississippi, elements of
agriculture, civil government, and elements of physiology
and hygiene, with special reference to the effects of alcohol
and narcotics on the human system ; and to obtain a second-
grade license the applicant must be examined on spelling,
reading, mental arithmetic, practical arithmetic, elementary
geography, elementary English grammar and composition,
primary United States history, and primary physiology, with
special reference to the effects of alcohol and narcotics on
'the human system; but a teacher otherwise qualified shall
not be refused a certificate to teach for the next two years
by reason of a want of sufficient knowledge on the subject
of physiology. (See Sec. 4540.)

23

4544- (4°23) The same; third grade. — To obtain a third-
grade license the applicant must be examined on the subjects
required for second-grade, and must make thereon an
average of not less than sixty per centum, with not less than
forty per centum on any subject. (See Sec. 4540.)

4545. (4024) The same; grading and marking papers. —
Immediately after each examination the examiners shall
carefully grade the papers and mark thereon their estimate
of the value of each answer; and the papers shall be filed
in the office of the superintendent, and be subject to the
inspection of the applicant or his authorized agent.

4546. (4025) The same; penalty for receiving assist-
ance.— If an applicant in any way receive assistance, he
shall be denied a license and not permitted to teach or stand
another examination in the county for a period of two years.
Any person who sells or offers to sell, or give away, or
offers to give away the examination questions, or answers
to the same prepared by the proper authorities for the ex-
amination of teachers of the public schools, before the date
for the examination, at which time such questions are to
be used, shall be guilty of a misdemeanor, and on conviction
shall be fined not more than one hundred dollars nor less
than ten dollars or imprisoned in the county jail not exceed-
ing sixty days, or both, at the discretion of the court.

4547. (4026) The same; how long licenses good, etc.
(Laws 1896, ch. 112). — License shall be granted to appli-
cants who make a general average of seventy-five per cen-
tum with not less than fifty per centum on any one subject,
and shall not be valid unless filled out according to the form
prescribed by the state superintendent. Licenses of second
and third grade shall be valid for one year. Licenses for the
first grade, with a general average of eighty-five per centum,
shall be valid for two years ; and licenses for the first grade,
with a general average of ninety per centum, shall be valid
for three years ; and the second three-years license obtained
after the expiration of the first shall be renewable in the
county where issued as long as the holder continues to teach ;

24

but any teacher who has taught under a first-grade license
for five years consecutively, shall be exempt from further
examination.

4548. (4027) The same; age of teacher, etc. — A license to
teach shall not be granted to an applicant under seventeen
years of age ; nor shall a license for more than one year be
issued to an applicant who has had less than six months'
experience in teaching.

4549. (4028) The same; special examinations. — In coun-
ties where the number of licensed teachers is insufficient to
supply the schools, the board of education may grant a
special examination; but the examination fee in such cases
shall be two dollars, and the licenses issued shall be valid
only until the next regular examination. Special examina-
tions shall be granted teachers who are under contract to
teach in a public school in the county, if at the time of the
general examination they were unable to attend or were
teaching or attending school more than fifty miles away.
The superintendent may require each teacher so examined
to pay him a fee of two dollars and fifty cents.

4550. (4029) .Indorsement of licenses (Laws 1898, ch.
77) . — A teacher holding a license in one county and wishing
a transfer to another county may direct the superintendent
of education of the county where the examination was held
to forward his papers and license issued thereon to the state
board of examiners, and if the grading of the county board
is sustained by the state board of examiners, the license may
be transfererd to any county which the applicant may desig-
nate. Applicants for transfer license shall pay a fee of one
dollar and fifty cents to the state board of examiners for
grading their papers.

4551. State board of examiners (Laws 1896, ch. 106). —
There shall be a state board of examiners which shall consist
of three members, who shall be first-grade teachers of schol-
arly attainments, and of successful experience, to be ap-
pointed by the state superintendent of education.

25

455 2- The same; duties. — It shall be the duty of the state
board of examiners to aid the state superintendent of edu-
cation in preparing all examination questions for the teach-
ers of the state, to grade papers of applicants for pro-
fessional and state licenses, to hear and decide all appeals
from teachers or county superintendents regarding exami-
nations; to examine all applicants or candidates for the
office of county superintendent under regulations passed by
the state board of education.

4553. Licenses; how secured. — Any teacher wishing to
secure a professional license shall pass a satisfactory exami-
nation in the presence of the county superintendent, or
other authorized agent of the state board of examiners, on
the following subjects : Algebra, geometry, rhetoric, Eng-
lish literature, the science of teaching, civil government,
Caesar and Virgil, and on such other subjects as the state
board of examiners may add. Any teacher may secure a
state license by passing a satisfactory examination in the
presence of the county superintendent, or other authorized
agent of the state board of examiners, in spelling, reading,
practical and mental arithmetic, geography, English gram-
mar and composition, United States history, Mississippi his-
tory, elements of agriculture, civil government, elements of
physiology and hygiene, with special reference to the effects
of alcohol and narcotics on the human system; provided
applicants for state licenses shall have their papers for-
warded to state board of examiners by county superin-
tendent and graded by state board of examiners. The state
board of examiners may grant licenses of a grade lower than
that for which the applicant applies; provided that the per-
centage reaches that fixed by law. On all licenses granted
the board shall indicate on the face of the license the per-
centage made by the applicant on each subject. A state
license shall be valid for one, two or three years, according
to the value of applicant's papers ; but any applicant receiv-
ing the second three-years state license from the state board
of examiners shall be exempt from further examinations,

26

and a state license from said board of examiners shall be
valid in every county of the state, but the state board of
examiners may revoke licenses for cause and where teachers
discontinue to teach. All teachers heretofore exempt from
examination in the counties in which they reside may for-
ward their papers to the state board of examiners upon the
payment of one dollar and fifty cents to said board of exami-
ners, and the board of examiners may issue to said teachers
state licenses in lieu of licenses granted by county super-
intendents.

4554- Compensation and term of office. — The state board
of examiners shall, receive as compensations for their ser-
vices five dollars from each applicant for professional
license; five dollars from each applicant or candidate for
county superintendent of education in the several counties
of the state, and fifty cents for each applicant for state
license, which sum shall be paid by the county superin-
tendent of education to the state board of examiners, as
teachers are paid, and as is now paid to county examiners.
The state board of examiners shall serve for four years each,
unless removed by the state superintendent for cause.

4555- (4°3°) Professional licenses. — The board of edu-
cation shall have power to issue professional licenses to
teachers of recognized ability, moral character, and schol-
arly attainments who shall pass a satisfactory written ex-
amination, held as prescribed by the board, on algebra,
geometry, rhetoric, English literature, the elements of bot-
any and chemistry, the science of teaching, civil government,
and Latin, through Caesar and Virgil. The manuscripts of
examinations shall be kept on file in the office of the state
superintendent, and the licenses shall be valid for life in
any part of the state.

4556. (4031) Salaries of teachers and assistants (Laws
1904, ch. 166). — The salaries for schools requiring one
teacher shall be fixed by the county superintendent between
the following limits: For a third grade teacher, between
fifteen dollars and twenty dollars; for a second grade

teacher, between eighteen dollars and thirty dollars; for a
first grade teacher, between twenty-five dollars and seventy-
five dollars; provided, that in counties having a surplus in
the school fund the county superintendent of education may
pay teachers in schools employing two or more teachers
as much as one hundred dollars to the principal and sixty-
five dollars to the assistant teachers; such salaries to con-
tinue only so long as said counties may have an unexpended
surplus in the school fund. In fixing the salary the super-
intendent must take into consideration the executive and
teaching capacity of the teacher, and the size of the school,
to be determined both by the educable population of the
district and the average attendance of the two preceding
years. The salary of the assistant shall not exceed by more
than five dollars the minimum fixed for the grade of license
he holds, if the teacher be of the second or third grade, nor
more than twenty dollars if the teacher be of the first grade,
but the salary of any assistant may be lower than the
minimum. In schools requiring more than one teacher the
salary of the prinicpal shall be regulated so that the cost
per pupil shall not materially vary from the average cost
of pupils in schools with single teachers. This section shall
not be construed to prohibit the employment of competent
teachers of the several grades for a less compensation than
that mentioned. The salaries of principals and assistant
teachers in separate school districts shall be fixed by the
trustees.

4557- (4°32) Monthly salaries to be proportionate to the
whole school fund. — Superintendents shall fix the salaries
of teachers so that the amount to be paid in salaries for
maintaining all the schools one month " shall not exceed
that fractional part of the whole school fund which one
month is of the whole number of months the schools are to
be taught.

4558. (4033) When assistants allowed. — The superin-
tendent shall have power to allow one teacher to every fifty
educable children in a school district. When a school is

28

in operation and has more than forty pupils in actual at-
tendance, upon application of the trustees for an assistant,
the superintendent shall visit the school, and, after con-
ference with the trustees, and an examination of the daily
register, he shall grant an assistant, if in his judgment one
be needed. In the same manner he shall grant a second
assistant, when needed, in a school with more than eighty
pupils in actual attendance; but, in schools with more than
one hundred pupils in actual attendance, only one teacher
shall be allowed for every thirty pupils. In all cases those
pupils only who are entitled to attend the public schools
of the district shall be counted in making up the actual
attendance.

4559- (4O34) Grade of license of a principal of a school-
— A teacher with a third-grade license shall not be principal
of a school which^ requires an assistant; and in schools
requiring more than two assistants, the principal must have
a first-grade license.

4560. (4035) Contracts with teachers. — It shall be the
duty of the superintendent to make a contract, in the
form prescribed by the board of education, with every duly
licensed teacher who has been selected by the trustees ac-
cording to law or appointment by himself. The contract
shall be signed in duplicate by the superintendent and by
the teacher, each retaining one part; and it shall show the
name of the school, the position of the teacher, whether
principal or assistant, and the monthly salary. In addition
to the fixed salary, there shall be stated in the contract two
successively smaller amounts, which shall be the salary in
case the attendance decreases to a number for which the
conditional amounts would be the fixed salary. Contracts
shall be valid for the number of months the school is to be
taught during the scholastic year, and it shall be unlawful
to issue a certificate for services rendered before the contract
is made and signed; provided, that in years when the state
appropriation is made after the beginning of the fall school
term, that it shall be lawful for a cotmtv superintendent

29

of education to cause the schools to be taught without con-
tracts until he shall have officially ascertained the amount
of the common school fund that will be distributed to his
county for that scholastic year; and provided, further, that
where contracts have been made before the amount of school
fund to be distributed to his county is known, the same may
be changed when he ascertains the amount his county will
receive, teachers agreeing thereto; but the county superin-
tendent shall have the right, after the expiration of the four
months required by the constitution, to make new contracts
with teachers in counties making a special levy to carry on
the schools for a longer term than four months, and all such
contracts shall be made as the law provides, so that the
amount to be paid in salaries for maintaining all of the
schools one month shall not exceed that fractional part of
the whole school fund, as provided by such special levy,
which one month is of the whole number of months the
schools are to be taught.

4561 (4036) Pupils attending high schools (Laws 1900,
ch. 112). — Educable children may attend a high school or
college in their county and they shall be enrolled, reported
and paid for as resident pupils of the district, if the school
has been established as a free public school of the county.
Such school shall receive all educable children of the race
for which it was established, but tuition may be charged
for all pupils who pursue studies beyond the public school
curriculum, to be paid by the pupil based on number of such
studies pursued, to be regulated by the authorities of the
institution.

4562. (4037) Schools for Indian children. — In a county
where there are Indian children sufficient to form a school,
the county school board may locate one or more schools
exclusively for Indians, and trie state board of education
may provide special license for teachers therein.

4563. (4038) School registers; pay-certificates. — The
principal teacher in a public school shall keep a daily record
of facts pertaining to the school, in such form as the school

30

register requires, and he shall be responsible for the safe
keeping and delivery of the register to the county super-
intendent at the close of the school term, or of the period
of service of the teacher; and the county superintendent
shall not issue to a teacher a pay-certificate for the last
month taught until the teacher shall have delivered to him
the register in good order and properly filled out. In the
register the teacher shall set down the name, age, and sex of
each pupil in attendance, and the names of absentees for
each day. At the end of every scholastic month the teacher
shall make out from the register a report to the county
superintendent of the name, age, and sex of each pupil in
attendance during the month, and the number of days such
pupil has attended. The report shall be approved by at
least two of the trustees, and certified to by them; and
upon the filing of such report with him the county super-
intendent shall issue to the teacher and the assistants, if any,
a pay-certificate, and the report shall be carefully preserved
in his office. If the trustees, without good cause, refuse to
sign the report, the teacher may appeal to the county super-
intendent, who shall issue the pay-certificate without the
approval of the trustees, in case he decide in favor of the
teacher.

4564. (4039) Enumeration of children during the first
month. — The principal teacher, not in a separate school dis-
trict, shall, during the first month of the term, make a com-
plete enumeration of the educable children in the district,
and enter in the register the name, color, age, and sex of
each child and the names and place of residence of the
parents of each child, the same to be examined and ap-
proved by the trustees, and a copy thereof delivered to the
superintendent with a report of the first month.

4565. (4040) Term reports. — With the last monthly re-
port of the session the teacher shall make a term report
containing such facts and statistics as the blanks furnished
may require. If the final monthly report be not made to
the superintendent by the fifth of October annually, it shall

31

be unlawful to issue to the teacher a pay-certificate for
more than eighty per centum of his salary for that month.

4566. (4041) How warrants for salaries issued to teach-
ers; back pay, etc — Upon the presentation of a pay-certifi-
cate for services rendered as a teacher, duly attested by the
superintendent, the clerk of the board of supervisors, or of
the municipality being a separate school district, shall issue
a warrant on the treasury for the amount stated in the
certificate, the warrant to state upon its face the number
of the month of the term during which the services were
rendered — as, first month, second month, etc. — and to specify
the fund upon which it is drawn ; the clerk shall keep a file
of the certificates so received as parl of the official records
of his office, and shall be governed in every respect by the
same laws that regulate the issuing of county or municipal
warrants for other purposes, except that the warrants for
teachers' salaries shall be issued directly upon the certificate
of the county superintendent, without any action thereon by
the board of supervisors or the mayor and board of alder-
men by way of allowance or approval. For services rendered
by teachers in public schools before the time when this
chapter becomes operative, and -for which a pay-certificate
or warrant has not been issued because of a want of funds
in the treasury out of which to pay it, the board of super-
visors or municipal authorities, as the case may be, are
authorized to make proper allowances upon proof of such
services rendered in good faith.

4567. (4042) Scholastic year, month, and day. — The
scholastic year shall begin on the first day of October and
end on the thirtieth of September. Twenty days of actual
teaching shall constitute a school month, and the number
of hours of actual teaching that shall constitute a school day
shall be fixed and determined by the board of trustees
thereof, at not less than five nor more than eight hours.

4568. (4043) School term, winter and summer; time for
opening (Laws 1902, ch. in). — There shall be a winter
term and a summer term, during either of which a school

32

may be taught, at the option of its trustees. The county
school board shall fix the day for the opening of the
winter term between the first Monday of October and the
second Monday in January, and for the opening of those
of the summer term, on the first Monday in April, or as soon
thereafter as they deem suitable. These dates may be fixed
by the county school board at their annual meeting, or at
any called meeting, or by their written consent to a date
proposed by the superintendent, who, when the dates are
fixed, which shall in all cases be done at least twenty days
prior to the opening of the term, shall notify the secretary
of the trustees of each school in the county. This section
shall not prevent the trustees of the schools in a separate
school district from fixing the time at which their schools
may begin and end.

4569. (4044) Continuous session, unless, etc. — The
schools shall be kept in continuous session four months,
and as much longer as the school fund of the scholastic
year will maintain them. Trustees may, however, with the
consent of a majority of the patrons, divide the session, and
have such portion of it as they deem proper taught in either
term; but in that case they shall notify the superintendent
of such division and of the scholastic month at the begin-
ning of which they wish their school to open. The county
superintendent may close all the schools for the Christmas
holidays, for an equal period of time, not to exceed two
weeks, and, upon application from the trustees, may close
any school because 'of an epidemic prevailing in the school
district, or on account of the death, sickness, resignation or
dismissal of the te'acher; but such schools shall be allowed
their full time after being reopened during the scholastic
year.

457°- (4O45) Bond and duties of county treasurers. —
The county treasurer and the treasurer of every munici-
pality constituting a separate school district, shall be re-
quired to give additional bonds, to be fixed by the board of
supervisors and the mayor and board of aldermen, respect-

33

ively, in an amount not less than the amount of school
funds likely to be in their hands at any one time, for the
faithful performance of their duties; and the county treas-
urers of the Chickasaw cession counties shall be required
to give additional bonds for the amount of the Chickasaw
school fund to be distributed to their counties, equal to the
amount to be distributed for the year; but the additional
bonds shall be cumulative security, and the treasurers shall
be liable on their official bonds for all school funds coming
into their hands. It is the duty of the county treasurers
to make to the auditor of public accounts, reports, on the
second Mondays of January and June of each year, of all
moneys accruing to the common school fund from polls
collected in their respective counties ; to keep on their books
separate and distinct accounts of the moneys arising from
poll-taxes, from taxes levied by the board of supervisors
for the maintenance of public schools, from the distributive
share of the common school fund, from Chickasaw school
fund, and from interest on funds derived from the sixteenth
sections, and funds arising from leases of those sections, and
funds from any other source ; to receive and receipt for all
moneys on account of school funds of the county; to pay
money out of the common school fund upon the
order of the county superintendent of education, ap-
proved by the board of supervisors, except in case
of teachers' salaries, which shall be paid upon war-
rants issued by the clerk, on the certificate of the
county superintendent; and to make, on or before
the fifteenth of October, an annual report to the state board
of education, a duplicate of which shall be furnished to the
county superintendent, showing the amount received for
public schools from each source during the preceding fiscal
year, the disbursements for the several purposes, and the
amount of school warrants unpaid. The treasurer shall
compare this report with the account kept by the county
auditor, who shall certify that the report agrees with the
account kept by him, if found to be correct. The treasurer

34

: same time, make a special report of the receipts
sements of township funds belonging to each
townsmp. These reports shall be made in the form pre-
scribed on blanks furnished by the state superintendent.
It shall be the duty of the county superintendent to report
a treasurer failing to make any such report to the district
attorney, who shall proceed against the treasurer criminally
and by suit on his bond. (See Sec. 4701.)

4571. (4046) Duties of separate school district treasur-
ers.— The county treasurer shall, immediately upon receipt
thereof by him, pay over to the treasurer of a municipality
in his county which is a separate school district, all money
to which the separate school district may be entitled; and
the treasurer of each municipality which is a separate school
district, shall perform like duties as are devolved on county
treasurers, as far as applicable, in reference to money for
the support of schools; and they shall be subject to the same
penalties for failure to make the reports required to be made
to the board of education and to the county superintendent.

4572. (4047) Counties may levy ad valorem and poll-tax
to carry on schools after four months. — The board of super-
visors are empowered to levy annually for public schools
a tax upon the taxable property of the county, which is out-
side the limits of any separate school district, and may levy
an additional poll-tax of not exceeding one dollar on each
male inhabitant liable to pay a poll-tax; all to be collected
as other taxes for general purposes, and at the same time,
and to be paid into the county treasury to the credit of the
school-fund ; an<J such taxes shall be receivable only in law-
ful currency of the United States, and shall be used for the
maintenance of the public schools after the expiration of
the four months required by the constitution. When two
hundred qualified electors, outside of separate school dis-
tricts, shall petition the board of supervisors to levy a cer-
tain tax for the extension of the school term of the county,
the board of supervisors, within not less than twenty days
nor more than forty days, shall submit the proposition to the

35

qualified electors, outside of separate school districts, of the
county at an election, and if a majority of those voting shall
vote for the tax the board of supervisors shall levy the said
tax, at the time other county taxes are levied, on all prop-
erty in the county subject to taxation which is not situated
within a separate school district, and shall continue from
year to year to levy the same tax until another election is
held, as is provided for in this section ; provided, that boards
of supervisors in those counties where the tax is now being
levied shall have the power to continue levying the tax with-
out an election. And every municipality, being a separate
school district, may in like manner levy and collect such
taxes for the maintenance of schools.

4573- (4048) Funds to be used only for year of receipt;
deficit not allowed. — All school funds received and collected
during the scholastic year shall constitute the school fund
of the county for that scholastic year ; and the salaries of the
teachers shall be so fixed as not to allow a deficit in any
year. It shall be unlawful for the superintendent to issue
pay-certificates to teachers in excess of the amount of money
received on account of the public schools for the current
year, and any certificate" so issued shall be illegal and void ;
but the superintendent shall be responsible on his bond to the
holders for the face value of such certificate, and shall be so
liable to any person whom he may cause to teach in a public
school and for whose payment there is no money in the
treasury.

4574. How school fund to be distributed in counties
(Laws of 1906). — The county common school 'fund shall
be divided between the separate school districts of a county
and that portion of a county not included in separate school
districts. Within thirty days after every legal enrollment of
the educable children of the state, and within thirty days
after the organization of a separate school district, or a
change has been made in the limits of one already organized
in the county, the county superintendent of education shall
certify to the clerk of the board of supervisors the number

36

of educable children, to be determined from the official roll
of educable children on file in the chancery clerk's office,
in each separate school district in the county, and the num-
ber of educable children outside the limits of separate school
districts. At each regular meeting of the board of super-
visors it shall be the duty of the clerk of the board of super-
visors to apportion the amount of undivided county common
school fund in the county treasury among the separate
school districts of the county and the county outside of
separate school districts, on the basis of the number of the
educable children in each, as furnished by the county super-
intendent of education, and to certify the said apportionment
to the board of supervisors, who, if the apportionment is
found to be correct, shall order that a warrant be issued
in favor of the treasurer of each separate school district for
the amount due each district. At the first meeting of the
board of supervisors after the passage of this act, all the
poll-tax collected since the last official report of the same
to the auditor shall be divided as provided in this section.

4575- Tax-collector to turn over poll taxes to county
treasurer (Laws 1906). — The tax-collector shall turn over
all poll tax collected to the county treasurer, at the time and
in the manner now provided by law for paying to the county
treasurer county taxes collected by him.

4576. (4049) Balances; how and when used; funds not
loaned (Laws 1904, ch. 121). — If there shall remain a bal-
ance in the treasury to the credit of the school fund of the
several counties and separate school districts on the thirtieth
day of September in any year, the board of supervisors and
trustees of separate school districts during the month of
October following may apply such balance to the building,
repairing or furnishing with school furniture or apparatus
such school-houses which belong to the county or separate
school districts, not appropriating to any school located in
the county or separate school district an amount greater than
one hundred and fifty dollars, unless an amount equal to
any excess of this sum,^to be appropriated by the county, be

37

contributed and paid into the county treasury by the patrons
of the public schools making such application and receiving
such appropriation. All balances not so appropriated shall
be carried forward to the school fund for the next scholastic
year ; and this shall apply to any fund that may have been
levied by the county to carry on the schools for a longer
term than four months. It shall be unlawful to loan or
transfer temporarily or otherwise any portion of the school
fund to any other county or city fund in which the separate
school district may be.

4577- (4°5°) Two and three per centum funds; how
used. — The board of supervisors shall appropriate all re-
ceipts from the 'distribution of the two and three per centum
funds to building, repairing, and furnishing school-houses
on the conditions prescribed in the last section for the appro-
priation of balances of the school fund.

4578. (4051) When school fund distributed. — On the
third Monday in January in each year, or as soon thereafter
as practicable, the auditor of public accounts shall distribute
to the counties and separate school districts two-thirds of
the common school fund, and the balance thereof on the first
Monday of June. The distribution shall be made by the
issuance of auditor's warrants on the state treasury, pay-
able to the treasurers of the several counties and separate
school districts, the superintendent of public education sup-
plying the data for the distribution.

4579. (4053) Enumeration of educable children (Laws
1902, ch. 72). — During 1902 and every four years there-
after, within the time authorized by law for the taking the
assessment, the assessor in person or by sworn deputy or
deputies shall enumerate the educable children of his county,
including all separate school districts in it.

4580. (4054) State superintendent to supply blanks. —
Blanks for the enumeration shall be prepared by the state
superintendent. The enumeration shall be taken by town-
ships, and shall show the names, ages, and sex of the edu-
cable children therein, and the names of their parents or

38

guardians. Separate lists are to be made for the white,
negro, and Indian races.

4581. (4055) Separate enumerations of municipalities. —
The enumeration of each municipality shall be separate;
and the children shall be listed under the names of parents
and guardians alphabetically arranged, by wardsj and the
street and number of residence shall be given where practi-
cable.

4582. (4056) Every domicile to be visited — The tax
assessor shall receive names of children having a living
parent or guardian, and being in the care of such, only from
the parent or guardian. Any person proposing to give the
names of children not his or her own, shall first be required
to make oath that he or she knows all the particulars in ref-
erence to the children whose names are proposed to be given
in ; that the children have no parent or guardian, or are not
under the care of such.

4583. (4057) Affidavit to enumeration. — The assessor
shall make an affidavit before the clerk of the chancery
court that the enumeration has been taken in accordance
with and in the manner prescribed by law, and that it con-
tains a true and correct list of all the educable children in
the county. The affidavit shall be appended to each copy of
the enumeration.

4584. (4058) Two copies of the enumeration; when and
where filed (Laws 1902, ch. 72). — The assessor shall make
two copies of the enumeration, which copies shall be exam-
ined and approved by the board of supervisors at their July
meeting if found correct ; and if incorrect, the assessor shall
not receive any compensation for his services until the same
is so corrected that the board of supervisors will approve
them, and on or before the first Monday in August the
assessor shall file one of said copies in the office of the clerk
of chancery court as a public record, and the other copy
in the office of the state superintendent of education to be
by him preserved as a basis of apportionment of the com-
mon school fund of the state for the four years next sue-

39

ceeding. In "case the county superintendent should believe
that said roll, after being so approved by the board of super-
visors, is inaccurate, he may appeal to the state superin-
tendent within four months after the approval by the board
of supervisors, giving his reason for such appeal in writing,
verified by affidavit, whose decision in the matter shall be
final.

4585. (4059) Compensation for enumerating children
(Laws 1900, ch. no). — As compensation for the enumera-
tion of the educable children the assessor shall receive out
of the county school fund upon allowance made by the
board of supervisors, two cents for each child enumerated
in the county outside separate school districts, and the
assessor shall receive out of each separate school district
fund, upon allowance made by the board of mayor and alder-
men of the municipality, two cents for each child enumerated
in said district; but it shall be unlawful to make any allow-
ance therefor until the assessor shall present to the board
of supervisors and board of mayor and aldermen certificates
from the state superintendent showing that the copies to be
filed in his office have been received, approved and accepted.

4586. (4060) Failure of assessor; penalty; how enumera-
tion made. — If any assessor shall fail to have the enumera-
tion of educable children of his county made and filed as
provided, and at the time specified, he shall be liable on
his bond for all damages accruing by the failure, and the
board of supervisors shall employ some other competent
person to make the enumeration during the month of July,
who shall be entitled to receive the compensation for the
service herein provided.

4587- (4061) Teachers' institutes. — In every county hav-
ing more than fifteen school districts for either race, there
shall be held annually, for each race, a separate teachers'
institute, to continue in session not less than five days.

4588. (4062) Institute conductors. — Teachers' institutes
shall be under the direction of the board of education, which
is authorized to name a list of experienced and competent

40

institute conductors, from which the board of examiners in
each county shall select a conductor.

4589. (4063) Board of education to prescribe; payment t
of expenses; reports of. — The board of education shall pre-
pare outlines of the work and prescribe regulations for the
management of the institutes, and shall determine the
amount to be paid for conductors and the incidental expenses
thereof, and shall require full reports to be made by the
county superintendent of the work, attendance and expenses.

4590. (4064) How expenses paid — To defray the cost
of institutes, the county superintendent shall, before examin-
ing applicants to teach, collect a fee of fifty cents from each,
and, before issuing any license for more than one year, col-
lect fifty cents additional for each year's duration of the
license.

4591. (4065) The same; where deposited and how paid
out (Laws 1900, ch. 114). — The institute fund on hand and
all subsequent collections shall be deposited with the county
treasurer on the receipt warrant of the clerk of the board of
supervisors and a separate account thereof kept ; and it shall
be paid out only upon the requisition of the county super-
intendent, approved by the two examiners, on warrants
issued by the clerk of the board of supervisors.

4592. (4066) When fund insufficient. — If the amount of
the institute fund be insufficient to defray the cost of holding
the institutes, the board of education may empower the
county superintendent to issue a pay-certificate on the com-
mon school fund of the county to make up the deficit, but
in no case shall the sum thus allowed exceed forty dollars
for one scholastic year.

4593- (4067) Surplus funds; how used. — In counties
having a surplus of institute fund, the county superintendent
and examiners may expend annually twenty per centum of
such fund in the purchase of works on teaching, which the
superintendent shall keep in his charge for the use of
teachers.

41

4594- (4°68) Commission to select a uniform series of
text-books; qualifications of its members (Laws 1904, ch.
86). — The governor shall select and appoint eight educators
of known character and ability in their profession, and en-
gaged in public school work as teachers, not more than one
to be selected from each congressional district, who, together
with the state superintendent of education, shall constitute
the text-book commission of Mississippi. The state super-
intendent of education shall be an ex officio member of said
commission, and in no case shall the person selected be re-
lated to the ex officio member by affinity or consanguinity.

4595. Books selected to be used for five years. — It shall
be the duty of the said commission to select and adopt a
uniform system or series of text-books for use in the public
schools of the state. Said commission is hereby authorized,
empowered, and directed to select and adopt said uniform
series of text-books for use in the public schools of the
state, and when so selected, said books shall be used for
a period of five years in all the public schools of the state,
and it shall be unlawful for any teacher of any public school
in this state to use any book or books upon the same branch
other than those adopted by said text-book commission, ex-
cept as hereinafter provided. Said uniform series shall
include the following branches of study, to wit : Orthogra-
phy, reading, writing, intellectual arithmetic, practical arith-
metic, geography, English grammar, composition, history
of the United States, physiology, civil government, elements
of agriculture, and history of the state of Mississippi; that
no history in relation to the late civil war between the states
shall be used in the schools of this state, unless it be fair and
impartial, and such other branches of school books as may
be added to the above curriculum by statute. Provided, that
none of said text-books so selected or adopted shall contain
anything of a partisan or sectarian character ; and provided,
further, that all text-books adopted for use in the public
schools of the state shall be printed in English, except such

42

books as shall be adopted as text-books in the study of a
foreign language.

4596. Members to be sworn; must not be directly or
indirectly interested in contracts. — Before transacting any
business relating to the duties incumbent on the said com-
mission, the members thereof shall each take and subscribe
an oath to faithfully discharge all the duties devolving upon
them as members of said commission ; that he has no interest,
direct or indirect, in any contract that may be made here-
under ; that he will receive no personal benefit or profit there-
from ; that he is not in any manner interested in any books
or publishing concern publishing any books of the kind con-
templated for use in the public schools of this or any other
state; that he will carefully, faithfully, and conscientiously
examine all books submitted for inspection, and will, to the
best of his knowledge and ability, make the best selection
possible of any and all books to be used in the public schools
of the state.

4597- Separate school districts may adopt supplemental
books. — The trustees of any separate school district may
select such other supplemental books in addition to the books
selected and adopted by the school book commission, for use
in such separate school districts, and the trustees of the
separate school district may raise the curriculum above that
which may be prescribed by law or act of the school book
commission.

4598. How choice of books made. — The said text-book
commission shall, in making up their choice for books to be
used, take into consideration the merit of each book as to the
subject-matter, the printing, binding, material, mechanical
qualities, and general suitability for the purpose intended,
as well as the price of said books. Said commission shall
select and adopt such books as will, in their best judgment,
accomplish the ends desired, and they are hereby authorized,
empowered and directed in case they deem any of the books
suitable and more desirable than other books of the same
class submitted, but the price is unreasonably high, and that

43

they should be offered at a lower price, they may use their
discretion and judgment whether they shall adopt said book
or books, or adopt the books next best in the list of books
submitted.

4599- When commission to meet and organize; to adver-
tise for bids. — The said text-book commission shall imme-
diately after their selection meet and organize, and a ma-
jority of said commission shall constitute a quorum for the
transaction of business. As soon as the commission shall
organize it shall advertise in such a manner and in such
places as is deemed desirable, that at a time and place fixed
definitely in said advertisement, sealed bids will be received
from the publishers of school text-books for furnishing
books as herein provided to the public schools of the state
of Mississippi, through agencies established by said pub-
lishers in the several counties of the state, for a period
of five years from the date and execution of the contract.
The bids or proposals shall be for furnishing the books for
a period of five years and no longer.

4600. What bids shall 'specify; to be accompanied by speci-
men copies; bidders to put up forfeits; opening of bids. —
All bids shall state definitely the price at which the books
will sell at wholesale and retail, and shall be accompanied
by one or more specimen copies of each and every book to
be furnished; it shall be required of each bidder to deposit
with the state treasurer such a sum of money as the com-
mission may require, according to the number of books each
bidder may propose to furnish, and notice shall be further
given in said advertisement that such deposit shall be for-
feited to the state if the bidder making the deposit shall fail
or refuse to make and execute such contract and bond as
is hereafter required, the time to be fixed by the commis-
sion and so stated in such advertisement. All bids shall be
sealed and deposited with the secretary of the commission,
to be delivered by him to the commission when it meets
for the purpose of considering said bids, and shall be opened
by the secretary in the presence of the commission.

44

4601. Bids to be opened and considered in executive ses-
sion; attorney-general to draw up contracts. — It shall be
the duty of the commission at the time and place designated
in the said advertisement in executive session to open and
examine all sealed proposals submitted and received in pur-
suance of the notice or advertisement as hereintofore pro-
vided; to examine and carefully consider all such bids or
proposals and determine in the manner provided for what
book or books shall be adopted, taking into consideration the
size, quality as to subject-matter, material, printing, binding,
and the mechanical execution and the price and general
suitability for the purpose desired and intended. After their
selection shall have been made, the commission shall, by
registered letter, notify the publishers to whom the con-
tracts have been awarded, and it shall be the duty of the
attorney-general to prepare said contract or contracts in
accordance with the terms and provisions of the law on the
subject of text-books, and all contracts shall be executed by
the governor and secretary of state, with the seal of the
state affixed thereto on the part of the state of Mississippi,
and the said contracts shall be executed in triplicate, one
copy to be kept by the contractor, one copy by the secretary
of the commission, and copied in full in the minute book of
the commission, and one copy to be filed in the office of the
secretary of state. At the time of the execution of the
aforesaid contract, the contractors shall enter into bond in
the sum of not less than ten thousand dollars, payable to the
state of Mississippi, conditioned for the faithful, honest and
exact performance of all the terms of said contract, together
with the payment of reasonable attorney's fees in case of
recovery in any suit upon the same, to be approved by the
governor and the attorney-general. Any guarantee com-
pany authorized to do business in the state of Mississippi
may become surety on said bond, and there shall be five or
more sureties on the said bond who are citzens of this state
and residents of different counties therein, and in the event
suit is brought on said bond in any of the state courts, and

45

the defendants, or any of them, have the case re-
moved, or attempt to have the case removed, to the
federal court, the said school book commission may im-
mediately cancel the contract and continue the suits on the
bond, and it shall be the duty of the attorney-general to so
write it in the contract. And it shall be the duty of the
attorney-general to prepare said bonds and approve same;
provided, that said bond shall not be exhausted by a single
recovery, but may be sued on from time to time until the full
amount thereof shall have been recovered, and the commis-
sion may, at any time, by giving due notice thereof, require
additional security, if, in their judgment, it is necessary.

4602. Forfeit money returned to unsuccessful bidders;
contract must be executed within thirty days. — When any
firm or corporation shall have been awarded a contract and
submitted therewith the bond as required, the commission
shall inform the treasurer of the state, and it shall then be
his duty to return to such contractor the cash deposit made
by him, and the commission shall furnish the treasurer the
names of the unsuccessful bidders, when he shall return to
them the amount deposited by them at the time of the sub-
mission of their bid, but should any firm, person, or corpora-
tion fail or refuse to execute the contract and submit the
bond as required hereby, within thirty days after the award-
ing of the contract to him, and the mailing of the registered
letter containing the notice, the said cash deposit will be
deemed and is hereby declared forfeited to the state, and it
shall be the duty of the treasurer to place said deposit in
the treasury of the state to the credit of the general school
fund ; and provided, further, that any recovery on the bond
of any contractor shall be placed to the credit of said fund,
and be pro-rated among the several counties of the state.

4603. Books furnished to be equal to specimen copies. —
The books furnished under any contract shall at all times
during the existence of the contract be equal to, in all
respects, the specimen or sample copies furnished with bids ;
and it shall be the duty of the state superintendent of edu-

46

cation to preserve in his office as the standard of quality and
excellence to be maintained in such books during the con-
tinuance of said contract, sample copies of all books which
have been the basis of any contract, together with the origi-
nal bid, and the contractor shall furnish like samples or
specimen copies of books to the different county superin-
tendents of education, which shall be preserved by them
in like manner, and the same shall always be open to in-
spection by the public. The retail price and the exchange
price of each book adopted shall be either printed on the
back or indelibly stamped on the first page. And the com-
mission shall not in any case contract with any person or
publisher for books to be used in the public schools of the
state at a price above or in excess of the price at which such
book or books are furnished by said person or publisher to
any state, county, or school district in the United States
under like conditions prevailing in the state and under this
chapter, as to the method of distributing the books to the
consumer. And it shall be stipulated in each contract that
the contractor is not now furnishing under contract any
state, county or school district in the United States where
like conditions as are now prevailing in this state and under
this chapter, as to the method of distributing the books to
the consumers, the same book or books at a price less than
the price stipulated in the said contract, and the commis-
sion is hereby authorized and directed, at any time that they
may find that any book is being furnished at a lower price
under contract to any state, county, or school district as
aforesaid, to sue upon the bond of said contractor for the
recovery of the difference between the contract price and
the lower price at which they find the book or books have
been sold, and should any contractor fail to execute the
terms and provisions of his contract specifically, said com-
mission is hereby authorized, empowered and directed to
bring suit in the name of the state of Mississippi upon the
bond of such contractor for the recovery of all damages for
the benefit of the public school fund, but nothing herein

47

provided shall be construed so as to prevent said commis-
sion and any contractor from ageeing in any manner to
change, alter or amend any contract, provided eight members
of said commission shall agree and think it advisable and
for the best interests of the public schools of the state to
make such change, alteration or amendment.

4604. State not liable to any contractor. — It shall always
be a part of the terms and conditions of every contract
made in pursuance of this chapter that the state of Missis-
sippi shall not be liable to any contractor, in any manner,
for any sum whatsoever, but all such contractors shall re-
ceive their pay and compensation solely and exclusively
from the proceeds of the sale of books as herein provided.

4605. Bids may be rejected. — The said text-book com-
mission shall have and reserve the right to reject any and all
bids or proposals if they shall be of the opinion that same
should be rejected. And in case they fail to select or adopt
any book or books upon any of the branches mentioned in
a previous section of this chapter from among the bids or
proposals submitted, they may re-advertise for sealed bids or
proposals under the same terms or conditions as before, and
proceed in their investigation in all respects as they did in
the first instance and as required in the terms and pro-
visions herein set forth. And it is provided further that
any person, firm or corporation now doing business or pro-
posing to do business in the state of Mississippi shall have
the right to bid for the contract to be awarded under this
chapter, and may submit in writing bid or bids to edit or
have edited, published and supply for use in the public
schools in this state any book or books herein provided for,
or they may submit books the equal of which in every way
they propose to furnish, and they shall accompany their bid
with the cash deposit, and execute a contract and bond and
be subject to the same conditions and restrictions as here-
inbefore provided.

4606. Contractor to establish book depositories. — The
successful bidder or contractor shall establish and maintain

48

one or more depositories in this state, to be designated by
the commission, where a stock or supply of the books
sufficient to meet all the immediate demands shall be kept.
There shall also be maintained in each county in this state
two or more agencies for the distribution of the books con-
tracted for, and that they shall sell to all persons desiring
to purchase said books, to the patrons of the public . schools,
and the contractor may make arrangements with a book-
seller or merchant to handle and distribute the books at the
places specified for said distribution, provided that one of
the distributing points shall be the county site or sites,
where there are two, of the county. All books shall be sold
to the consumer at the retail contract price, and in each
book shall be printed the following: "The price fixed
hereon is by state contract, and any excess thereon should
be reported to the county superintendent or to the state
superintendent of education at Jackson, Miss."

4607. Damages for failure to meet demand for books. —
It is expressly provided that should any contractor fail to
furnish the books sufficient to meet the demand and at the
prices designated, or otherwise fail to comply with the
contract, in addition to the right of the state to sue on the
bond as hereinbefore required, the county superintendent
of education in any county of the state where such breach
of contract may be made, may bring suit for damages in
the name of the state of Mississippi in the proper court of
the county wherein he resides, for the use and benefit of
the school fund of the county, and in all cases arising here-
under service of process may be had and deemed sufficient
on any agent of the contractor in this state.

4608. Commission to enforce provisions. — Said commis-
sion may make any necessary regulations not contrary to
the provisions herein mentioned to secure the prompt dis-
tribution of the books herein provided for, and the prompt
and faithful execution of all contracts, and it is expressly
provided that said commission shall maintain its organiza-

49

tion during the five years of the continuance of this con-
tract.

4609. State superintendent to notify county superin-
tendents.— As soon as practicable after the adoption of the
text-books the state superintendent shall issue a circular
letter to each of the county superintendents of education
in this state, and to such teachers and other persons as lie
may desire, stating the list of books adopted, the prices,
location of agencies, and such other information as he may
deem necessary.

4610. Books adopted to supplant all others; exceptions. —
The books adopted as a uniform series of text-books shall be
introduced and used as text-books to the exclusion of all
others in the public schools of this state, and continue to be
used for five years as said text-books, except as herein pro-
vided for the change of said books as the commission may
deem advisable for the best interests of the public schools
of this state ; provided, that nothing in this chapter shall be
construed to prevent the use of supplementary books, but
such supplementary books shall not be used to the exclusion
of the books adopted under the provisions of this chapter;
provided, further, that nothing herein provided shall prevent
the teaching in any of the public schools of this state any
branch higher or more advanced than is embraced in any
previous section of this chapter, nor the using of any books
upon such higher branch of study; provided, that such
branch shall not be taught to the exclusion of the branches
mentioned and set forth.

4611. Penalty for violating text-book provisions. — Any
person violating the provisions of the law on the subject of
uniform text-books shall be guilty of a misdemeanor, and,
upon conviction, be punished by a fine of not less than ten
dollars nor more than fifty dollars.

4612. Penalty for teaching other books. — Any teacher
who shall use or permit to be used in his or her school any
text-book upon the branches embraced in this chapter other
than the ones adopted by said text-book commission upon

50

said branch as hereinbefore provided, shall be guilty of
a misdemeanor, and, upon conviction, shall be punished as
provided for in the preceding section.

4613. Penalty for demanding more than contract price. —
If any local agent, clerk, dealer, or other person handling
or selling the books adopted under the provisions of this
law shall demand or receive in cash more than the contract
price for any of the books herein provided for, he shall be
guilty of a misdemeanor, and, upon conviction, shall, for
each offense, be punished by a fine of not less than fifty
dollars nor more than five hundred dollars.

4614- Commission to keep a journal of its proceedings. —
The commission is required to keep a journal of its proceed-
ings, which journal shall, at the close of each meeting, be
signed by the president and secretary of the commission, and
when the text-books shall have been adopted according to
the provisions of this chapter, the journal shall be filed in
the office of the secretary of state, and a separate journal
shall be kept of subsequent meetings, which journal shall be
filed in the office of the secretary of state.

4615. Commission cannot extend contract. — The members
of the commission provided for by section 4594 shall hold
their office for five years from the date of their appoint-
ment and until their successors are duly appointed and
qualified, and shall have no power to extend any contract
made by them, but their successors, duly appointed and
qualified as provided for by section 4594, shall be author-
ized and directed to execute a new contract on the same
terms and conditions as is provided hereunder.

4616. Members of commission not to accept employment
or receive gifts or donations from book dealers; penalty. —
It shall be unlawful for any member of the school book
commission during the term of his appointment or office to
accept or receive from any school book company, firm, cor-
poration, or agent, any employment, retainer, compensation,
reward, emolument, gift, or donation directly or indirectly,
except books actually submitted for inspection with the

51

bona fide view of securing their adoption; and it shall be
unlawful for any school book company, firm, corporation or
agent to employ or retain or offer to employ or retain any
member of such commission, or to pay or to offer to pay
any compensation, reward, or emolument to any member of
such commission, or to give or offer to give any donation to
any member of such commission, except books or school
apparatus actually submitted for inspection, with the bona
fide view of securing their adoption. Any violation of this
section shall be punishable by a fine of not more than one
thousand dollars or by imprisonment in the penitentiary
for not more than two years, or both.

4617. Exchange price of books. — The exchange price be-
tween old books and new books of the same or similar grade
shall be not more than fifty per centum of the retail contract
price of such new books.

4618. Compensation and mileage of commissioners. — The
superintendent of public education shall serve on the com-
mission without compensation, a.nd the other members of
the commissoin shall be paid the sum of five dollars per day
during the time they are actually employed, not to exceed
thirty days, and, together with the superintendent of pub-
lic education, shall receive ten cents a mile for each mile
actually traveled from their homes to the place of meeting
and return, and all necessary expenses for advertising, to
be paid out of the general school fund, and they shall each
make and swear to a statement of the number of miles
traveled, and the number of days actually employed.

4619. When contract forfeited. — In case of the failure
of any contractor to furnish the books provided for in his
contract, then his bond shall be declared forfeited, and the
commission is authorized and empowered to make such
other contract for the unexpired term with any person, firm
or corporation to provide and furnish such books as they
may deem advisable for the best interest of the state.

4620. When commissioners shall be disqualified to vote
on contracts. — If any person related within the third degree

52

by blood or marriage to any member of the school book
commission, or is associated in any business or partner-
ship with any member of said commission, shall be em-
ployed in good faith by any school book company, firm, cor-
poration or agent in connection with the adoption of school
books in this state, the member of said commission so related
by blood or marriage, or so associated in business with such
person, shall not vote for the adoption of any school book
offered for adoption by such school book company, firm,
corporation or agent.

4621. (4072) General provisions; obedience to teachers.
— All pupils must comply with the regulations, pursue the
required course of study, and submit to the authority of
the teachers of schools.

4622. (4073) Damage to school property. — A pupil who
wilfully cuts, defaces, or otherwise injures any school-house
or the fences or out-buildings or shade trees thereof, is lia-
ble to suspension or expulsion ; and the parents or guardians
of such pupils shall be liable for all damages.

4623. (4074) General rules for teachers. — Every teacher
in a public school must, before taking charge of a school
and one week before closing a term, notify the county
superintendent of the fact, naming the day of opening or
closing; must enforce the course of study, the use of text-
books, and the rules and regulations prescribed for schools j
and must hold pupils to a strict account for disorderly con-
duct on the way to or from school, on the playgrounds, or
during recess ; suspend for good cause any pupil from the
school, and report such suspension to the board of trustees
for review. If his action be not sustained by them, the
teacher may appeal to the county superintendent, whose
decision, if against the teacher, shall be final.

• 4624. (4075) Trustees, etc., not interested in contracts. —
Neither a school trustee nor a member of the board of edu-
cation, county school board, or committee to select text-
books must be interested in any contract made in pursuance

53

of this chapter; and any contract made in violation of this
provision is void.

4625. (4076) Criminal to abuse teachers or disturb school.
— A parent, guardian, or other person who shall insult or
abuse any teacher in the presence of the school shall be
guilty of a misdemeanor, and be liable to a. fine of not less
than ten dollars nor more than fifty dollars. Any person
who shall wilfully disturb any public school or any public
school meeting shall be guilty of a misdemeanor, and liable
to a fine of not less than ten dollars nor more than fifty
dollars.

4626. (4077) Officers, trustees, and teachers not to specu-
late in books, etc. — If a public officer of this state, or of any
district, county, county district, city, town, or village thereof,
or any teacher or trustee of any public school shall be in-
terested in the sale, proceeds or profits of any books, appa-
ratus, or furniture to be used in any public school of this
state, he shall be guilty of a misdemeanor, and, on convic-
tion, shall be fined not less than two hundred dollars nor
more than five hundred dollars.

4627. (4078) Outstanding school indebtedness (Laws
1896, ch. in). — In any county where there are outstand-
ing school warrants or indebtedness due teachers for teach-
ing in the public schools, the board of supervisors shall
inquire into the justness of such unpaid claims, and if they
believe it to be right and proper for the same to be paid,
they may take up and cancel the same and cause a war-
rant to issue to the proper person on any county funds in
the treasury for such amount as they may determine to be
justly due. In counties where such outstanding indebted-
ness exists, and no funds on hand to pay it, the boards of
supervisors of such counties may make a special levy, not
to exceed one mill in any one year to pay the same.

4628. To pay school teachers where deficit occurs in
school funds in certain cases — In any county where public
schools have been taught and the teachers have not all been
paid, and the sureties on the official bond of the county

54

superintendent of public education have paid the full pen-
alty of the bond into the county treasury, any teacher who
has taught a school under employment of the county super-
intendent, and has not been paid in. full for services as such
teacher, may file with the board of supervisors a claim
against the coimty for the balance due, and the board of
supervisors may examine all such claims and allow such as
it may deem just, and authorize the same to be paid out of
any general county funds in the hands of the county treas-
urer.

4629. School libraries. — When any public free school in
this state shall raise ten dollars by subscription or otherwise
for a library for such school, and shall furnish a suitable
bookcase with lock and key, the superintendent of education
of the county where such subscription is raised may issue
his certificate for ten dollars in favor of said school, to be
paid out of the common school fund of that county; but in
no case shall the amount given by the county in any year
exceed one hundred dollars ; provided, that no school shall
receive a second donation from the school fund for library
purposes so long as there are any new applications from
schools that have not been supplied.

4630. Library commission. — The county superintendent
of education shall name two first grade teachers, who, to-
gether with the county superintendent of education, shall
constitute a county library commission, and it shall be the
duty of this commission to name a list of books suited for
school libraries, and all books purchased under this provision
shall be selected from this list. It shall be the duty of this
commission to make rules and regulations to govern and
control the use of such libraries in the county, and shall
name a local manager for each library, who shall make a
report every year to the county commission of all books
purchased during the year, of the money on hand at the
time of the report, together with the amount expended for
library purposes. The county superintendent shall keep a
list of books purchased by the several li&raries of his county
and make a library report to the state superintendent of
education biennially with the county school report.

CHAPTER 137

Superintendent of Public Education

( County )

CHAPTER 137.

SUPERINTENDENT OF PUBLIC EDUCATION ( COUNTY).

4809. (4257) Designation and qualifications — There shall
be a superintendent of public education in each county, who
shall be elected by the people, whose term of office shall be
for four years. Before anyone shall be elected to the office
he shall have attained the age of twenty-one years, and
shall be a qualified elector and a resident citizen of the state
for four years and of the county for two years immediately
preceding his election, and shall have passed the examination
provided for in the section following the next one and have
received a certificate accordingly.

4810. (4258) Elected in all counties. — County superin-
tendents of education shall be elected at the same time and
in the same manner as other county officers are elected,
and a vacancy occurring in said office shall be filled in the
manner provided by law for the filling of vacancies in other
county offices.

4811. (4259) How examined. — All applicants or candi-
dates for the office of county superintendent shall pass an
examination on the branches required for first grade license,
and in addition on the art of teaching. The examination
shall be held in the county of the applicant by the state board
of examiners, under regulations passed by the state board
of education. Candidates or applicants who prefer to take
the examination at Jackson can do so by giving the super-
intendent of education ten days' notice by registered letter.

4812. (4260) Oath of office and bond (Laws 1886, p.
81). — The county superintendent shall, before entering upon
the duties of his office, take the oath of office, and give bond
with two sureties, in the penal sum of not less than five
hundred dollars nor more than two thousand dollars, pay-
able to the state, conditioned for the faithful performance

58

of his duties, the amount of said bond to be fixed by the
board of supervisors; and in case the superintendent fail
to give the required bond within thirty days after his term
of office begins, when appointed, the office shall be vacant.
48 Jj. (4261) Shall have an office, etc. — The county
superintendent shall keep an office at the county seat of the
county, which shall be provided for him, and furnished with
such furniture as may be needed, by the board of super-
visors, and allowed and paid for out of the school-fund.
(See Sec. 4499.)

4814. (4262) Shall keep records. — The county superin-
tendent shall keep a record of all of his official acts, in the
manner and form prescribed by law, and conform the man-
ner of its keeping to the recommendations and directions
of the state superintendent of education; and he shall pre-
serve faithfully all reports of school-officers and teachers,
and, at the close of his official term, deliver to his successor
all records, books, documents, and papers belonging to the
office, taking a receipt for the same, which shall be filed in
the office of the clerk of the circuit court ; and he shall per-
form such other duties as may be prescribed by law.

4815. (4263) Not to teach school. — A county superin-
tendent of public education shall not teach in any school
during his term of office.

4816. (4264) Office expenses. — The cost of the neces-
sary books, fuel, office furniture, printing, stationery and
postage used by the superintendent of education in the dis-
charge of his official duties, shall be paid for on the allow-
ance of the board of supervisors out of the county treasury ;
but an allowance therefor shall not be made until an item-
ized account is presented, with the affidavit of the superin-
tendent attached, averring its correctness.

CHAPTER 138

. Superintendent of Public Education

( State )

61

CHAPTER 138.

SUPERINTENDENT OF PUBLIC EDUCATION ( STATE).

4817. (4265) Official bond, etc — The superintendent of
public education shall keep his office in the capitol, and shall
give bond in the penalty of five thousand dollars, with two
or more sufficient sureties, to be approved by the governor,
conditioned according to law; and said bond, when ap-
proved, shall be filed and recorded in the office of the secre-
tary of state.

4818. (4266) The same; seal of office. — He shall pro-
vide and keep a seal having around the margin the words,
"State Superintendent of Public Education of Mississippi,"
with such device in the center as he may select; and all of
his official acts shall be authenticated thereby.

4819. (4267) General supervision of schools; to preside,
etc.; to visit schools, etc. — The superintendent of public
education shall have general supervision of the public free
schools, and may prescribe such rules and regulations for
the efficient organization and conducting of the same as he
may deem necessary. He shall preside over all meetings of
the board of education, and shall solicit reports from all
the public and private educational institutions of the state.

4820. (4268) To preserve books, etc. — He shall have
bound and preserve in his office, as the property of the
state, all such school-documents from other states and gov-
ernments, books or pamphlets on educational subjects,
school-books, apparatus, maps, charts, and the like as shall
be or have been purchased or donated for the use of his
office.

4821. (4269) To apportion the state school fund, etc —
The superintendent of public education shall apportion the

62

state common school-fund to the several counties and sepa-
rate school-districts. The apportionment shall be made
semi-annually, and shall be based upon the number of edu-
cable children enumerated, as provided by law, in the coun-
ties and separate school-districts respectively. He shall fur-
nish the auditor with a certified copy of the apportionment,
and he shall also give a copy thereof to the state treasurer,
the superintendent of public education of each county, each
county treasurer, and treasurer of each separate school-
district.

4822. (4270) Not to be interested in school-books^ etc. —
The superintendent of public education shall not act as
agent for any author, publisher, or book-seller, nor directly
or indirectly receive any gift, emolument, or reward for his
influence in recommending or procuring the use of any
books, school-apparatus, or furniture, of any kind what-
ever in any of the public schools of the state; and should
the superintendent of public education violate this section,
he shall be removed from office, and forfeit all moneys due
him from the state.

4823. (4271) Reports to be made to the legislature. — On
or before the tenth day of January in each year in which
the legislature meets in regular or special, not extraordinary
session, the superintendent of public education shall prepare
and have printed a biennial report, showing —

(a) The receipts and disbursements of the common
school- fund ;

(b) The number of school-districts, schools, teachers em-
ployed, and pupils taught therein, and the attendance of
pupils, and studies pursued by them;

(c) The financial condition of the schools, their receipts
and expenditures, value of school-houses and property, cost
of tuition, and salaries of teachers ;

(d) The condition, educational and financial, of the nor-
mal and higher institutions connected with the school-system
of the state, and, as far as it can be ascertained, of the pri-
vate schools, academies, and colleges ; and

63

(e) Such general matters, information, and recommenda-
tions relating to the educational interests as he may deem
important.

4824. (4272) To keep record of official acts; may employ
stenographer. — The superintendent shall keep a complete
record of all his official acts, and the acts of the board of
education. He may employ a stenographer or other clerical
assistant who shall be under his control and direction and
may be removed by him for cause and another employed.

4825. A trustee of university and colleges (Laws 1896,
ch. 115). — The state superintendent of education shall be
and is hereby made -a trustee, ex officio, of the state univer-
sity, the agricultural and mechanical college, the industrial
institute and college, and Alcorn A. and M. college. And
he shall have the same powers and perform the same duties
as other trustees of said institutions of learning.

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