County Superintendents of Education. he has discharged the duties required by law to be performed by him. 7. He must, monthly, on the first Saturday in each month of each year, or as soon thereafter as practicable, pay the teachers of the public schools, upon the certificate of the trustees of the district in which the school was taught; and in counties in which separate districts have been established by special laws, he shall pay over to the officers authorized to receive the same their proportionate shares of the school revenues at the times above designated. (Feb. 10, 1891, p. 554, § 4; Feb. 7, 1879, p. 117, § § 13, 14, 17, 18.) The legislature possesses ample authority to establish and make provisions for school districts.-Somerville v. Wood, 115 Ala. 534 (22 So. 476). Mandamus by teacher to compel payment of warrant for services as teacher.-Somerville v. Wood, 115 Ala. 534 (22 So. 476). 1708. (3557) (963) Forfeiture for failure to make annual reports. If any county superintendent shall willfully fail to make out and forward to the superintendent of education any annual report required by this article, within ten days after the time it should be made, he shall be liable to a forfeiture of his commission, to be declared by the superintendent of education, and to removal from office. (Feb. 7, 1879, p. 117, § 19.) 1709. (3558) (962) Books and accounts liable to examination. The books, accounts, and vouchers of the county superintendent of education may be examined at any time by the superintendent of education in person or by duly authorized agent. (Feb. 7, 1879, p. 117, § 13 [sub. 1]; Feb. 23, 1883, p. 173.) 1710. (3559) (965) Vacancies, how filled; term, etc., of appointees. The superintendent of education shall fill all vacancies in the office of county superintendent of education, by appointment; and such appointee, shall hold during the unexpired term, and until his successor qualifies, and shall give bond and qualify as is required by law. (Feb. 7, 1879, p. 117, § 23.) 289, $ 15.. 1711. (3555) (959) Compensation of county superintendents Sep. 30, of education. For their compensation, they shall receive four 1903, p. per cent on all state public moneys legally disbursed by them, not to exceed the sum of eighteen hundred dollars for any calendar year. For all moneys received and disbursed by them, the county superintendents shall account to the superintendent of education, as now provided by law. (Feb. 21, 1893, p. 833; Feb. 7, 1879, p. 117, § 24.) County Boards of Education; Election, Powers, and Duties of. Sep. 30, 1903, p. 289, § 10; 17, 1007, ARTICLE 9. COUNTY BOARDS OF EDUCATION; ELECTION, POWERS, AND DUTIES OF. 1712-1716. SECTION. 1712. County boards of trustees. SECTION. 1715. Powers and duties of county boards of trustees. 1716. Pay or compensation of county boads of education. 1712. County boards of trustees.-The chairman of the several boards of district trustees shall meet at the court house of as amend- their respective counties, the second Saturday in August after ed, July their election, and shall elect four county school trustees, who p. 478, § 3. shall hold office for the term of four years from the date of their election and until their successors are elected and qualified. Before entering upon the duties of office, they shall take the oath of office prescribed by the constitution of the state. .b. Ib., § 17; 17, 1907, Statute construed.-Gibson v. Mabry, 145 Ala. 112 (40 So. 297). 1713. (3583) (989) County board of education.—The county superintendent of education and said four county trustees shall constitute the county board of education within their respective counties. The county superintendent of education shall be the chief executive officer of said county board of education, and shall see that all rules, regulations, and orders of said county board are enforced; provided, that no district trustee shall, during his term of office, be eligible to election as a county trustee, nor shall more than one teacher actively engaged in teaching in the public schools in this state be a member of said county board of education at one and the same time. The court of county commissioners, or board of revenue, of each county, shall provide, at the expense of the county, all necessary blank books, stationery, and postage for the use of the county boards of education of the county. 1714. (3583) (989) Vacancies in boards of education; how as amend-filled.—Any vacancy on the county board of education shall be ed July filled by the superintendent of education of the state by and with the approval and consent of the governor, for the unexpired term, and any vacancy on a board of trustees shall be filled for the unexpired term by the county board of education. P. 478, $5. Sept. 30, Ib., § 11. 1715. Powers and duties of county boards of trustees.-The 1903: county board of education shall have entire control of the public schools within their respective counties, unless otherwise provided by law. They shall make rules and regulations for the government of the schools, see that the teachers perform their duties and exercise such powers, consistent with the law, as in their judgment will best subserve the cause of educa Enumeration or Census of School Children. tion. The board shall have the right to acquire, purchase, lease, receive, hold, transmit, and convey the title to real and personal property for school purposes, except where otherwise provided. Said board of education shall, by and in the name of the county board of education, sue and contract; all contracts to be made after resolution adopted by said board, and spread on its minutes and signed by the president and secretary, and all process shall be executed on the secretary of said board. 1903, p. 289, § 14. 1716. Pay or compensation of county board of education.- Sep. 30, Each of the four members of the county board of education shall receive from the public school funds of the county, to be disbursed by the county superintendent of education, two dollars a day for each day's work devoted by him to the public schools; provided, he shall not receive pay for more than ten days in any one year. The county superintendent of education shall apportion among the several school districts the amount of compensation to be paid to the members of the county board of education, and account for the same in like manner as provided for the compensation paid to teachers in such districts. 1907, p. 1717. Census or enumeration of school children.-The dis- Aug. 14, trict trustees of each public school district in this state, 754, $1. whether existing under general law or created by special or local law, and the boards of education, or school trustees, or other governing board or body, of any public school district lying in any incorporated town or city in this state, shall cause to be made during the month of July, 1908, and every evennumbered year thereafter, an enumeration of all the children within school age residing in each of said several school districts, and to that end said trustees, or boards of education, or other governing board or body, shall select and appoint a proper and competent person to make such enumeration, on blanks to be prepared and provided by the superintendent of education of the state, and such person shall make a report of such enumeration under oath to the county superintendent of education of his county by the 15th day of August next succeeding the time of the taking of said census. The county superintendent shall then make a written verified report by districts to the superintendent of education of the state. 48-AC-VOL I Aug. 14, 1907, p. 754, § 2. Teachers; Qualifications, License, Powers, and Duties of. 1718. Compensation of enumerators.-The court of county commissioners, or board of revenue, or other court of like jurisdiction for each county, shall fix the compensation of each of said persons taking such school census in each district, no part of which is situated in any incorporated town or city, and shall order the same paid to such persons out of the general funds in the county treasury of the county wherein such enumerations are made. And the mayor and city council, or other governing body, of any municipality wherein a public school district is situated, in whole or in part, shall fix the compensation of the person who shall take the school census in such district, and shall order the same paid out of the treasury of such town or city. Feb. 10, 1899, p. 217, § 1. ARTICLE 11. TEACHERS; QUALIFICATIONS, LICENSE, POWERS, AND DUTIES OF. 1719-1750. SECTION. 1736. Examination papers delivered to examiner; transmission to board. 1737. Board examines and grades papers. 1738. Certificates issued. 1739. Examination papers kept on 1740. Lifetime of certificates. 1742. Forfeiture of life certificate. 1747. Teaching agriculture in pub- 1748. Register kept by teacher and 1749. Monthly report; not entitled 1719. Board of examiners.-There shall be constituted a state board of examiners, to be composed of the superintendent of education, who shall be the president of the board, and two other persons, to be appointed by him, who shall be teachers of extensive experience and recognized ability. The term of office of the said board shall be co-equal with that of the superintendent of education. Teachers; Qualifications, License, Powers, and Duties of. 1720. Meetings of examiners.-The said state board of Feb. 8, examiners shall meet during the months of November and May 114, 1. of each year, and shall prepare questions for the examination of teachers. 1721. List of questions prepared.-The president of the state Ib., § 2. board of examiners shall cause lists of questions so prepared to be printed, and shall, on or before the fifteenth day of December and June of each year, send to each person appointed to conduct examinations in the counties of the state a sufficient number of the lists; the questions so sent shall be inclosed in a sealed envelope, on the back of which shall be plainly written or printed the words, "Questions for the examination of teachers." The seal of said envelope shall not be broken except as hereinafter provided. 1722. Times for examination of teachers.-The first Mon- Ib., § 3. days in January and July are appointed for the examination of teachers. The examination may be continued from day to day for three consecutive days, if such continuance shall be necessary for the completion of the work of examination, but no examination shall be begun on any other day than the first day mentioned in this section. No examination shall be held at any other time, except as otherwise provided. 1903, p. 396, § 1. 1723. Special examinations.-The state board of examiners Iь.: Oct. 6, may hold, at the department of education in Montgomery, special examinations for the benefit of persons who are prevented from taking the regular examination by sickness, absence from the state, or other unavoidable cause. Each person taking a special examination shall pay to the state board of examiners a fee of five dollars. Special examinations shall be equal in all respects to the regular examinations. The superintendent of education may also; at his discretion, allow examinations in May and October at any Alabama normal school which requests it for applicants to teach in the public schools; the expense of the examination to be borne by the applicants. 114, $4. 1724. Examinations in counties; by whom and how con- Feb. 8, ducted. The regular examination shall be conducted in each 1901, p. county by the county superintendent of education, unless for good and substantial reasons the state board of examiners shall deem it best to select for this service another person appointed for that purpose by the state board of examiners, and if he shall be unable, by reason of sickness or other unavoidable necessity to conduct the same, then by some other competent person appointed for that purpose by him. Said examination shall begin at 10 o'clock a. m. of the day appointed, at which hour the person appointed to conduct the examination shall, in the presence of the applicants for examination, break the seal of the envelope containing the lists of questions, and shall dis |