shall be countersigned by the secretary of the territory, who shall affix the territorial seal thereto.

Sec. 4. Copies of all bonds, papers, writings, and documents legally deposited in the office of the governor or in the office of the secretary of the territory, and authenticated by the seal of his office, shall be received in evidence in the same manner and with like effect as the original.

Sec. 5. The fees of the secretary of the territory shall be as follows: For copy of any law, act, resolution, or other writing, for each one hundred words, twenty-five cents; for each certificate, with seal, when not required for public use, two dollars and fifty cents; for copies or exemplification of records, for each one hundred words, twenty-five cents; for affixing seal of office, with certificate of authentication, two dollars and fifty cents; for official signature and seal of office, without certificate, one dollar; for filing and approving each official bond, three dollars; for each commission issued to a notary public, three dollars; and for every commission issued to any other officer of the territory, three dollars; for the receiving and filing and the custody of each certificate of incorporation required to be filed in his office, under the provisions of any general or special law, two dollars and fifty cents; for recording all instruments of writing which he may be required to do, he shall receive, for each one hundred words, twenty-five cents; for filing each paper required to be filed in his office, twenty-five cents.

Sec. 6. This act shall take effect and be in force from and after its passage.

Approved January 12, 1872.

CHAPTER LXXXVIII.

COMMON SCHOOLS.

AN ACT to provide for a system of common schools.

OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

Section 1. A superintendent of public instruction shall be appointed by the governor, by and with the advice and consent of the legislative council, and shall enter upon the duties of his office on or before the twentieth day after his appointment, and shall hold office for the term of two years, or until his succesor is appointed and qualified; and shall execute a bond in the penal sum of two

thousand dollars, with two good and sufficient securities, to be approved by the secretary of the territory, conditioned upon the faithful discharge of his official duties. The superintendent of public instruction shall have power to adopt a course of studies and rules and regulations for all public schools in the territory; and shall have and use a seal, and authorize the printing of all regulations and circulars necessary to carry their provisions into effect; and shall report to the governor biennially, on or before the first day of December of the years in which the regular sessions of the legislature are held. The governor shall transmit said report to the legislature, and, whenever it is ordered printed, a sufficient number of copies shall be delivered to the superintendent of public instruction, to furnish two copies to be deposited in the territorial library, and one copy to each superintendent of common schools, to be held by him as public property and delivered to his successor in office; and one copy to each local school officer within the territory. Said report shall contain a statement of the condition of the public schools in the territory, full statistical tables by counties, showing, among other statistics, the number of school children in the territory, the number attending public schools and the average attendance, the number attending private schools, and the number not attending schools, the amount raised by county and district taxes or from other sources of revenue for school purposes, the amount expended for salaries of teachers and for building and furnishing school-houses, and the statement of the plans for the management and improvement of schools.

Sec. 2. The superintendent of public instruction shall prepare and cause to be printed suitable forms for making all reports and conducting all necessary proceedings under this act, and shall transmit them to the local school officers and teachers, who shall be governed in accordance therewith. He shall furnish each superintendent of common schools with suitable diplomas and certificates, and shall prepare a school register, which shall be furnished to each school and school district in the territory. He shall cause all school laws to be printed in pamphlet form, and shall annex thereto forms for making reports and conducting school business, the course of study, rules and regulations, and list of text books adopted by him, and such suggestions on school architecture as he may deem useful, with such wood-cuts and plans of school-houses as he may be able to obtain, or which may be provided by territorial appropriations. He shall order printed a number of copies sufficient to supply each school officer and teacher with at least one copy thereof, and shall furnish one copy to each superintendent of public instruction in the several states, and one copy to each state and territorial library.

Sec. 3. It shall be the duty of the superintendent of public instruction to travel in the different counties of the territory where

common schools are taught, so far as possible without neglecting his other official duties, during at least three months in each year, for the purpose of visiting schools, of consulting with county superintendents, and of addressing public assemblies on subjects pertaining to public schools; and his necessary travelling expenses, not exceeding three hundred dollars in any one year, shall be paid out of any funds in the treasury not otherwise appropriated.

Sec. 4. The superintendent of public instruction shall keep his office at some place where there is a post-office, and he shall receive a salary of two thousand dollars per annum, which shall be paid quarterly out of the territorial treasury.

Sec. 5. All necessary expenditures of money incurred by the superintendent of public instruction, for rent, fuel, postage, printing, expressage, not exceeding three hundred dollars in any one year, shall be paid out of any fund in the treasury not otherwise appropriated, and the territorial auditor is hereby authorized to issue his warrant on the treasurer for the same.

Sec. 6. The superintendent shall, at the expiration of his term of office, deliver over, on demand, to his successor, all property, books, documents, maps, records, reports, and other papers, belonging to his office, or which may have been received by him for the use of his office.

COUNTY TREASURER.

Sec. 7. It shall be the duty of the county treasurer of each county-First. To receive and hold all school moneys as a special deposit, and to keep a separate account of their disbursement to the several school districts which shall be entitled to receive them, according to the apportionment of the county superintendent of common schools. Second. To notify the county superintendent of common schools of the amount of county school fund in the county treasury, subject to apportionment, whenever required; and to inform said superintendent of the amount of school moneys belonging to any other fund subject to apportionment. Third. To pay all warrants drawn on county or district school moneys, in accordance with the provisions of this act, whenever such warrants are countersigned by the district clerk and properly endorsed by the holders. Fourth. To make annually, on or before the first day of October, a financial report for the last preceding school and fiscal year, to the county superintendent of common schools, in such form as may be required by him.

COUNTY SUPERINTENDENTS.

Sec. 8. A county superintendent of common schools shall be elected in each organized county in this territory, at the general election preceding the expiration of the term of office of the present incumbent, and every two years thereafter; who shall take office on the first Monday in December next succeeding his election, and hold for two years, or until his successor is elected and qualified. He shall take the oath or affirmation of office, and shall give an official bond to the county, in a sum to be fixed by the board of county commissioners of said county.

Sec. 9. The county superintendent shall apportion all school moneys to the school districts, in accordance with the provisions of this act, quarterly, and he may make apportionments at such other times as may be required or deemed necessary for the convenience of school officers. He shall certify to the several district clerks the amount so apportioned to their several districts; and the trustees shall draw their warrants on the county treasurer, in favor of the persons entitled to receive the same. Such warrants shall show for what purpose the money is required, and no such warrant shall be drawn unless there is money in the treasury to the credit of such district.

Sec. 10. The county superintendent shall have power, and it shall be his duty: First. To visit each school in his county at least once a year. Second. To distribute promptly all reports, forms, laws, circulars, and instructions, which he may receive for the use of school officers and teachers from the superintendent of public instruction. Third. To report to the superintendent of public instruction annually, on or before the first day of December, for the school year ending on the last day of October next preceding, such statistics as may be required by him. Fourth. To examine all persons who wish to become teachers in his county, and, if they are competent, and are of good moral character, he shall give such person a certificate, certifying that he or she is qualified to teach in said county; such certificate shall hold for the term of two years, but may be revoked sooner by the superintendent for good cause. The superintendent shall receive the sum of five dollars from all teachers examined by him. Fifth. To enforce the course of study adopted by the territorial superintendent of public instruction. Sixth. To enforce the rules and regulations required in the examination of teachers. Seventh. To keep on file, and preserve in his office, the biennial reports of the superintendent of public instruction. Eighth. To keep in a good and substantial bound book, to be furnished by the board of county commissioners, a record of his official acts. Ninth. To carefully preserve 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 county clerk.

Sec. 11. If the county superintendent fails to make a full and correct report to the superintendent of public instruction of all statements required to be made by law, he shall forfeit the sum of one hundred dollars from his salary, and the board of county commissioners are hereby authorized and required to deduct therefrom the sum aforesaid, upon information from the superintendent of public instruction that such reports have not been made.

Sec. 12. The county superintendent shall have power to administer oaths and affirmations to school trustees, assessors, collectors, teachers, and other persons, in all official matters connected with or relating to schools; but shall not have power to make or collect any charge or fee for so doing.

Sec. 13. The county superintendent shall have power, and it shall be his duty, to appoint trustees for any district which from any cause fails to elect at the regular time; to appoint trustees to fill vacancies; to appoint trustees for any new district: Provided, however, That when a new district is organized, such of the trustees of the old district as reside within the limits of the new one shall be trustees of the new one, and the vacancy in the old district shall be filled by appointment.

Sec. 14. It shall be the duty of every county superintendent to inquire and ascertain whether the boundaries of school districts in his county are definitely and plainly described in the records. of the county board of commissioners, and to keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting, or incorrectly described, he shall change, harmonize, and describe them, and make a report of such action to the commissioners; and, on being ratified by the commissioners, the boundaries and descriptions so made shall be the legal boundaries and descriptions of the districts of that county. The county superintendent shall furnish the several district clerks with descriptions of the boundaries of their respective districts.

Sec. 15. Each county superintendent, except when otherwise provided by statute, shall receive such salary, and his reasonable travelling expenses, not to exceed ten dollars per district, to be estimated and allowed by the board of county commissioners, which shall be paid quarterly out of the county general fund, in the same manner as other county officers are paid: Provided, That such compensation shall not be less than a sum equal to one dollar, nor more than two dollars, for each school census scholar in his county, exclusive of travelling expenses, and that he shall be allowed, in addition to his salary, a sum for postage and expressage, payable out of the county school fund, equal to one dollar for each school district in his county.

Sec. 16. Each county superintendent may appoint a deputy, who shall take the usual oath or affirmation of office, and who may exercise all the functions of county superintendent: Provided, That said deputy shall draw no salary from the public school fund.