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FUJI THE ESTABLISHMENT OF FREE SCHOOLS. Be it enacted by the Senate and House, of Represen tatives of the State of Delaware in General Assembly (met , That it shall be the duty of the Levy Court and Court of Appeal in each county, to cause their county to be divided into convenient school districts. In ma king tins division, it shall be a general regulation, to form each district, so that the most remote part shall be two miles or about that distance from the centre ; but this form and extent may be varied from to bound a district by clearly defined lines or to accommodate other districts, and a district comprehending a town part of a town may be of such dimensions as shall be deemed just, having respect to the population. To effect this division the said court in each county shall at their meeting in March next, appoint five missioners, and they, or a majority of them acting to gether shall divide the county as aforesaid. I f a vacancy happen in the place of a commissioner, any Judge of the Supreme Court, or Court of Com mon Pleas of the proper County, shall fill it, upon ap plication of the remaining commissioner sioners, and each and every of the commissioners ap pointed as aforesaid, shall be sworn or affirmed, to per form his duty with fidelity, which oath or affirmation, maybe administered by any Judge or Justice of the Peace of their respective counties. The commissioners in each county, at the time of dividing the county into districts, shall ascertain the number of schools in operation, the number of schol ars taught therein, and the several sums paid to the teachers, and shall form an estimate of the number of children in each district between the ages of five years and twenty one years, and shall make return thereof, with their doings under this Act to the Clerk of the Feace of their county, who shall also make return thereof to the Trustee of the School Fund, to be by him laid before the General Assembly in January next. The commissioners in each county shall meet at the Court House of their county on the first Monday of August next ; before which time they must complete tire duty assigned them. They shall form a board ; they may adjourn from day to day ; a majority shall be a quorum, but a less number may adjourn. This board shall have authority to review the proceedings of the commissioners, to supply any deficiency, and to alter or form the bounds of any district ; the said board shall cause a return to be drawn, describing all the districts, d mentioning a convenient place in each for the meeting of the School-Voters ; and the said return shall he signed by the commissioners or a majority of them, and delivered to the clerk of the peace for their county; and he shall cause to be posted in one of the most public and suitable places in each district extract, certified under his hand, from said return, of the description of said district. The court Aforesaid in each county shall meet at the ©mu t House of their county on the last Monday of August next, and shall examine the return aforesaid, and shall hear any objections that may be made ; and the said court, two thirds of the members present con curring, may make any corrections or alterations of the said return, which they shall consider proper for the more convenient and just division of the county in •to School districts. They may supply any deficiency by proper insertions, which shall be deemed a correc tion of the return. The school-districts, as the same shall stand upon the said return as corrected or altered, by the said court, shall be permanent. The said court shall give to each district a designation by number, and shall appoint a place in each for the meeting of the school-voters ; which number shall he inserted in the xeturn immediately preceding the description of the ■district, to which it belongs, and the place of meeting shall also be inserted in the return immediately follow ing said^description, and shall be connected with the description by such words as to be intelligible, which .insertions shall be deemed corrections by the said court. The said court shall cause a fair transcript to be made of said return as corrected and altered, qnd said tran or or comims a cript shall be examined in the presence of said court and attested by the clerk of the peace under his hand and seal of office. The said clerk shall enter the said transcript, at large, upon the minutes of the said court; the entry shall be deemed a record, and an office copy shall be evidence. He shall cause a copy of said tran script to be inserted in each of the newspapers printed in this State, for two weeks in succession ; the first in sertion to be within ten days after the attestation of the transcript. He shall also certify under his hand and seal of office to " the Trustee of the fund for establish ing Schools in the State of Delaware" the number of school-districts, and the part of the county, in which each number is situated ; and it shall be the duty of the said Trustee, to lay a copy of the returns of the several clerks of the peace, in this State, before the General Assembly. The court aforesaid in each county, two thirds of all the members concurring, may, upon application, make from time to time alterations of school-districts, when such alterations shall appear expedient ; due regard being had to the conveniences and inconveniences to result therefrom. But notice of the intended applica tion to said court, and of the time and place of making it, and of the alterations desired, shall be given by ad vertisements posted in four or more of the most pub lic places in each district that will ho affected by the alterations, twenty days before the application is made, or the court shall not receive it. The proceedings of the said court touching any of the premises shall not be drawn in question elsewhere. Sec. 2. And be it further enacted, That the school voters in each school district shall hold a stated meet ing every year on the second Monday of October, at one of the clock in the afternoon (the first meeting to be on the second Monday of October next at said hour,) at the place appointed hv the court aforesaid for such meeting, until there shall be a school house built or procured for the district, and then at such school house. Every person residing within a district, and having right to vote for representatives in the General Assembly, shall be a school voter of said district. Any number of school voters assembled at a stated meeting may proceed with business, and their proceedings shall have the same force, as if all the school voters of the district were present. At every staled meeting the school voters present shall appoint a chairman and sec retary of the meeting, and shall thereupon elect by bal lot, by a majority of votes, from the school voters of the district a clerk and two commissioners of the dis trict, and shall resolve, by a majority of votes what sum shall be raised by subscription or by voluntary contribution in the said district for building, procuring or maintaining a school house, or for the support of a free school in the said district. A stated meeting af ter appointing a chairman and secretary may adjourn, and the proceedings at the adjourned meeting shall be of the same force, as if had at the original meeting. Notice of tlie stated meeting in October next shall be givenby advertisements signed by tue clerk of the peace, posted in five or more of the most public and suitable places in each district, mentioning (lie day, hour and place of meeting in such district, at least five days before the day of meeting. It shall be the duty of the clerk of the peace for each county to prepare advertisements and cause the same to be posted accor dingly. It shall be the duty of the clerk of the district for the time being to give notice of any subsequent sta ted meeting by advertisements under his hand, of the day, hour and place thereof, posted in five or more of the most public anj suitable places of the district, at least five days before the day of meeting. If there be no clerk of the district, the commissioners of the district, or one of them shall perform the same service. The proceedings of a stated meeting shall not be void or irregular, although no notice of such meeting be giv en ; but if any clerk of the peace or any clerk tnissioner of a district shall fail to perform truly and faithfully the duty herein enjoined upon him, he shall forfeit and pay to the school district wherein such fail ure happens, the sum of ten dollars. Occasional meetings of the school voters of a dis trict may be called by the clerk and commissioners any two of them by advertisements, of the business and of or com or the day, hour and place of the meeting, posted in live or more of the most public places of the district least five days before the day of meeting. No sional meeting shall be held except at the school hous es, or if there be none, at the place appointed, as hero in-before provided, for the meeting of the school tors. Any number of the school voters met pursuant to such call may appoint a chairman and secretary and transact any business mentioned in the advertisements; except that a resolution to raise money in the district shall not be passed at any occasional meeting, unlessa majority of the school voters of the district be present; and if such resolution be proposed at an occasional meeting, the chairman and secretary shall ascertain the number of school voters present and a note of said number shall be made among the minutes of the pro ceedings and shall be conclusive, unless it can be prov ed fraudulent. No business not mentioned in the ad vertisements calling an occasional meeting shall he transacted at such meeting ; and at every occasional meeting the chairman and secretary shall inquire res pecting the advertisements thereof and a note shall he made among the minutes of the proceedings, of tin places, in which, and of the time when, advertisements of the meeting were posted, and of the business men tioned in the advertisements ; and such note shall ho conclusive, unless it can be proved fraudulent. Two certificates of the proceedings of every meet ing of school voters shall be made and signed by the chairman and secretary : one shall be delivered to the clerk of the district, the other to the clerk of the peace of the county to he preserved among the papers of the. court aforesaid. If a chairman or secretary of an oc casional meeting of school voters shall wilfully' make or certify a false note- of the number of school voters present at such meeting or respecting the advertise ments of such meeting, he shall be deemed guilty of a misdemeanor and on conviction shall pay to the State a fine not less than twenty nor exceeding ono hundred dollars. If any person not being a school voter of a district shall vote at a stated, or occasional meeting of the school voters of such district, he shall he deemed guil ty of a misdemeanor and on conviction shall pay to the State a fine of fifteen dollars. If in any district on the second Monday of October next or in any subsequent year there shall not he a meeting of the school voters, or the officers mentioned herein shall not be elected, or a resolution to raise mo ney in such district shall not be passes), the said district shall not thereby lose the power to proved under this act ; but meetings, adjourned, occasional or stated, may be held in said district according to this act ; and -if there be no clerk or commissioner of a district to give notice of a stated meeting in any year, such no tice shall be given by the clerk of the peace for the county upon application of five or more of the school voters of such district ; and the said clerk is required upon such application to give notice of a stated meet ing in the same manner ns hereinbefore prescribed with respect to the stated meeting in October next, and he shall incur the like penalty for failure. Sec. 3. And be it further enacted, Tlmt the clerk and commissioners of each district elected as aforesaid, shall be the school committee of the district, and shall continue in office until the next stated meeting after •their election and until successors to them are duly elected. Each member of the school committee shall be sworn or affirmed to perform his duty with fidelity, in which oath or affirmation each member may admin ister to the other. Their powers and duties shall he, 1. To determine the site, lease or purchase the cessary ground, and build or procure a suitable school house for the district. The school house shall he as near the centre of the district as circumstances will admit. When a school house is built or procured by a district, this power shall not extend to the removal of it or the building or procuring another, while it re mains. But the school voters of any district may at any stated meeting of the said district authorise the clerk and copnmissioners thereof to remove the school house, and if necessity require, to build or procure another. 2. To maintain the school house when built or pro' at occa vo ll< '