PUBLIC EDUCATION.

with a school house, and the school house in District No. 60 is in a dilapidated condition, and not worthy of repair; and

WHEREAS, The said schools are now occupying the commodious building of the Middletown academy, at a nominal rent, under an agreement with the Trustees of said academy; and

WHEREAS, It is deemed that it will be to the interest and advantage of the said schools to unite the said districts, and in consideration of the occupancy of the said academy, to give to the trustees thereof a share in the government of the said schools; therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

School Dis

SECTION 1. That on and after the first Saturday of April, ncs nos 60 A. D., 1877, School District No. 60, and School District No. and 94, in 94, in New Castle county as now bounded, or as they may county hereafter be bounded, shall form one United School District, consolidated. by the name of the Middletown Schools; and shall have the Corporate same corporate powers and franchises as other United Districts and governhave by the laws of this state, and shall be governed by a Board of nine commissioners, to be elected and chosen as Nine comfollows, to wit: Two of the present commissioners of each of the said districts, whose terms do not expire on the first How, when Saturday of April next, shall be members of the said Board elected. until the time for which they were elected shall expire, two Two comother commissioners in place of those whose terms expire on each district the said first Saturday of April shall be chosen, to serve for the to hold over. term of three years, by the school voters of the said United Annual District, at an election to be held on the said day, at the elections: Middletown Academy, in the town of Middletown, under the when, where. regulations of the general law of the state, in regard to the election of school commissioners, as far as applicable to this case; every year thereafter, an election shall be held on the first Saturday of April, at the same place, and under the same regulations, to choose two commissioners for the term of three years to fill the places of those whose terms have expired, and also to fill any vacancy that may have occurred among Three com the said six commissioners; the three other commissioners missioners shall be chosen, annually, on the first Saturday of April, by the Middletown Trustees of the Middletown Academy, from their own number, academy. or otherwise, Provided, That the appointment of the last Proviso. mentioned three commissioners, as members of the said school Board, shall be good and effectual only so long as the said

:

:

Annual
meeting.

Organiza-
tion.

PUBLIC EDUCATION.

United Districts shall occupy the said Academy, and when such occupancy ceases, the school Board shall consist of six commissioners only, who shall be elected as hereinbefore prescribed.

SECTION 2. The commissioners shall meet, annually, in the said Academy, on the Monday following the election aforesaid, at 10 o'clock A. M., and organize the board by the election of a president and clerk; the said board shall hold stated meetings once a month, and special meetings at the call of the president, or of a majority of the commissioners, and by Visit schools. committee shall visit all the schools in the district once a week. They shall not admit to the schools any children under seven years of age.

Other meet-
ings.

Children un-
der seven

years
excluded.

Quorum.

SECTION 3. A majority of the board shall form a quorum, and any vacancy occurring among the aforesaid six elected Vacancies: commissioners, by reason of non-election, death, resignation or otherwise, shall be filled by the board until the next annual election.

Powers.

Appoint
treasurer,
officers,

SECTION 4. The Board shall have power to appoint a treasurer, who may also be the clerk, and take his bond with sufagents, and ficient security for the faithful performance of his duties, and to appoint all other officers, agents and teachers tkat may be necessary, and fix their compensation; and to make by-laws Make by for their own government, and for the government of the school.

Fix compen-
sation,

laws.

Draw state
school fund

taxation cer

school pur

poses.

SECTION 5. The board shall have the right to draw the dividends. dividends from time to time, which the said school districts Raise by Nos. 60 and 94 are entitled to as part of the state school fund; tain sum for and shall have power, and are hereby required to raise, annually, by taxation, in the manner now provided by law, for the support of the said schools, a sum not less than one thousand dollars, nor more than twelve hundred dollars, and if during any year, the sum to be raised by tax or subscription, together with the sum to be received from the school fund, and from other sources, shall, in the opinion of the school board, or a majority of them, be not sufficient for the support of the said schools, then and in that case it shall and may be lawful for the said board and they or a majority of them are hereby when board authorized and empowered, in addition to the sums of money to be raised and received as aforesaid, to raise and levy such further sums as they may deem necessary and proper for the purposes aforesaid, by ordering and directing that such sum per quarter, or term, for each and every child or pupil that attends the said schools, and which the said school board or

PUBLIC EDUCATION.

to be paid

parent, &c.

a majority of them, may see fit to charge therewith, shall be Specific sum paid by the parent, guardian or person sending such child or for each pupil, into the hands of the school Board, at the beginning of scholar, by every quarter or term, and in case of default of payment the same may be collected as school taxes are now authorized to How colbe collected by law, and the collector shall be answerable on case of dehis bond, as now provided by law, for the collection and payment over of the said quarter or term charges, and shall have the same compensation as is now provided by law for collecting and paying over school taxes.

lected in

fault.

pupils.

their admis

SECTION 6. The board shall have power and authority to Non-resident admit to the said schools, pupils non-resident in the said united Terms of district, upon such terms as the board shall deem right and sion. proper. All moneys derived from the tuition of such pupils Moneys deshall be paid to the board or their treasurer, and shall be ap-rived plied toward the general support of the schools.

rived thereHow

applied.

No. 60; how

same.

SECTION 7. All real estate owned by the said School Dis- Real estate trict No. 60, shall become and be the property of the said of District united district created by this act, and the said school Board vested. shall have as full and ample power to grant and convey such Power of real estate as the commissioners of the said district could have Board over had before the passage of this act. At the meeting of voters Auditing appointed by section 1, a committee shall be appointed to committee to audit the accounts of the two districts, respectively, hereby for each dis consolidated; and all taxes unpaid at the time of the organi-trict; when. zation of the new board shall be collected in the same manner Certain as if this act had not been passed, and paid over to the said how Golboard or their treasurer, and the said board shall have full lected and power to enforce such collection and payment.

be appointed

un

paid taxes;

to whom paid.

SECTION 8. The board shall have all the powers granted to General school committees and commissioners, be subject to all the strictions and restrictions imposed upon them, and perform all the duties duties of required of them by the laws of this State not inconsistent missioners with the provisions of this act, and all the provisions of the the board. general laws regulating free schools in this State, including General "An act in relation to free schools in this State," passed at school laws Dover, March 25th, 1875, shall be applicable to the united dis- where not trict created by this act, as far as they are not inconsistent inconsistent. with the special provisions thereof.

PUBLIC EDUCATION.

CHAPTER 358.

Current vol. 412.

Chapter of current volume

amended.

Certain pending

suits not to abate.

By whom may be maintained.

OF FREE SCHOOLS.

AN ACT to amend the act entitled "An act relating to school districts Nos. 60 and 94, in New Castle county," passed at Dover, January 29, 1877.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That the act entitled "An act relating to school districts Nos. 60 and 94, in New Castle county," passed at Dover, January 29, 1877, be and the same hereby is amended by adding as an additional section to said act, the following, viz :

SECTION 9. No suit or suits instituted either by the school committee or school commissioners of School District No. 60, in New Castle county, or by said School District No. 60, in New Castle county, and now pending for the recovery of moneys due or belonging to said school district, or of moneys or damages to which said school district is or may be entitled, shall abate by reason of this act, but in case of such suit or suits by said school committee or school commissioners, for the recovery of such moneys or damages, it shall be lawful for the school committee of said School District No. 60, in office at the time of the passage of this act, and their survivors or survivor to maintain, prosecute and carry into full effect said suit or suits, and to recover and receive all moneys or damages adjudged to be paid therein, and as soon as practicable after

the receipt of any such moneys or damages, it shall be the cooned in duty of said school committee, their survivors or survivor, to said suits to pay over the same to the school Board of the said united board of school districts, created by this act. And in case of such united school pending suit or suits, by School District No. 60, in New Castle county, for any such moneys or damages, it shall be lawful for said school district to maintain, prosecute and carry into full effect said suit or suits, and to recover and receive all moneys or damages adjudged to be paid therein, and for this purpose said school district shall continue to possess all corporate trict No. 60 powers and franchises possessed by it at the time of the passage of this act, and all moneys or damages recovered and received by said school district in or by reason of said suit or prior to this suits, shall be subject to the order and control of the school Board of the said united school district.

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1

PUBLIC EDUCATION.

as amended.

SECTION 2. That in any edition of the laws hereafter to be Publication published, the said act, to which this act is an amendment, shall be printed as hereby amended.

Passed at Dover, February 14, 1877.

CHAPTER 359.

OF FREE SCHOOLS.

AN ACT to raise revenue in School District No. 40, in New Castle county.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

School com

SECTION 1. That the school committee or commissioners mittee of disof School District No. 40, in New Castle county, Delaware, trict No. 40, are hereby empowered and directed to raise by way of general tle County, to taxation, during the year A. D. eighteen hundred and seventy ation $400, seven, the sum of four hundred dollars, for the purpose of pay to payer ing the indebtedness incurred in repairing of the school house edness. in said district, occasioned by the storm of 1876.