SEC. 2. They shall meet at the State-house, upon the convening of each and every Assembly, so soon as elected, and shall have power to make all laws and regulations for their own government, and power to carry out all laws and regulations at any time passed by the General Assembly, in aid of education, not contrary to the laws of the State. And they shall, at each and every convocation of the General Assembly, present a full and complete report of the state and progress of education in the State; present such views to the General Assembly, as they may deem necessary to aid the cause of education; and recommend the passage of such education laws as may be thought advisable; and do all such matters and things as the General Assembly may order to be done for and in aid of education in the State.

W. S. OLDHAM, Speaker

of the House of Representatives. SAM'L ADAMS, President

Approved, the 3d Feb., 1843.

of the Senate.

A. YELL.

17

An Act to establish a system of Common Schools in the State of

Arkansas.

SEC. 1. Whereas, by the compact entered into between the United States and the State of Arkansas, it was agreed, "That section number sixteen in every township, and when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State, for the use of the inhabitants of such township, for the use of schools:" Therefore,

E

Be it enacted by the General Assembly of the State of Arkansas, That whenever any congressional township, or fractional township, of six miles square or under, containing five householders, or more, and containing fifteen unmarried white children, between the ages of five and twenty-one years, in which there is a sixteenth section, and a majority of said householders shall be desirous of having said sixteenth section sold for the use of schools in said township, it shall be lawful for said householders to petition the county court of the county in which said township is located, setting forth their desire that the sixteenth section of the said township in which they reside, may be sold; it shall be the duty of the said county court to designate a day and place in said township, for the election of one commissioner, to sell said sixteenth section, as hereinafter prescribed; and the said court shall at the same time appoint two justices of the peace of said county, either of whom may act, to hold said election in said township, for the purpose of electing said commissioner.

#

SEC. 2. And be it further enacted, That at the time appointed for the election of said commissioner, the said justice or justices shall hold an election in said township, for the election of three trustees, who, when elected and qualified, as hereinafter mentioned, shall be the trustees of the school or schools in the township in which they reside and are elected, and shall continue in office for two years, and until their successors are elected and qualified.

SEC. 3. And be it further enacted, That the said commissioner herein provided to be elected, shall, before entering on his duties, take an oath before some justice of the peace of his county, faithfully to discharge the duties required of him by law, and truly account for and pay over all moneys which may come to his hands as such commissioner, agreeably to the provisions of this act; and shall continue in office for the term of three years, and until a successor is elected and qualified; and shall enter into bond to the State of Arkansas, for the use of said township, with good security, to be approved by the trustees above named, in a penal sum of not more than ten nor less than one thousand dollars, conditioned that he will faithfully discharge the duties required by the provisions of this act, and pay to said trustees all money which all money which may come to his hands as such commissioner.

SEC. 4. And be it further enacted, That the said trustees herein provided to be elected, shall take an oath, before some justice of the peace of the county in which they reside, faithfully to discharge their duty as such trustees, according to the provisions of this act, and shall execute bond, with good security, to the State of Arkansas, in the pea nal sum of five thousand dollars each, conditioned that they will faithfully discharge their duties, as trustees of the school in township of range, in the county of, and that they will faithfully, and to the best of their skill and ability, appropriate all moneys that may come to their hands as such trustees, to the support of a common school or schools, in the said township and county aforesaid; and that they will faithfully account for, and pay over to their successors in office, all moneys which may remain in their hands unexpended, for

the purposes aforesaid; which bond shall be approved by the county court of the county in which they reside, and filed in the office of the clerk of said court.

SEC. 5. And be it further enacted, That the said commissioner, after having executed bond, and taken the oath prescribed by this act, shall sell the sixteenth section of the township for which he was elected, on a credit of ten years, having first given notice of the time and place of sale thereof, by at least six advertisements, set up in the most public places in his county, at least thirty days before the day of the sale thereof; Provided, No part of said section, shall be sold for less than two dollars per acre.

SEC. 6. And be it further enacted, That it shall be the duty of said commissioner to divide the said sixteenth section into tracts of forty acres, as near as may be, by a line running north and south, and another running east and west, through each quarter section, and to offer the same for sale, in parcels of forty acres each, taking of the purchaser bond to such commissioner, to be approved by the trustees of said township, for the payment of the purchase money within ten years from the date thereof, with interest at the rate of eight per cent. per annum, payable semi-annually in advance.

SEC. 7. And be it further enacted, That on the third Monday of December, after the expiration of three years from the date of the election of the commissioner aforesaid, it shall be the duty of the trustees heretofore provided to be elected, to hold an election in the township of which they are trustees, for the election of a commissioner for said township, who, when elected and qualified as herein before provided, shall succeed to all the powers and duties of commissioner, as provided for in this act.

SEC. 8. And be it further enacted, That it shall be the duty of the said commissioner, on the third Monday of December, after the expiration of two years from the election of the trustees heretofore provided to be elected, to hold an election in the township for which he is commissioner, for the election of three trustees, as trustees of the school in said township, who, when elected and qualified as hereinbefore provided, shall succeed to all the powers and duties of the trustees first elected, according to the provisions of this act, and shall continue in office for the term of two years, and until their successors are elected and qualified; that the said trustees herein provided to be elected, and their successors in office, shall be a body politic and corporate, with power to sue and be sued, to plead and be impleaded, by the name and style of "The Trustees of the township of of range

," in any court having jurisdiction.

-, in the county of SEC. 9. And be it further enacted, That the said township trustees and the commissioner of said township are authorized and empowered to receive all donations and subscriptions which may be made for the support of schools in said township; and the county commissioner to receive all donations and subscriptions which may be made for the use of schools in said county.

SEC. 10. And be it further enacted, That the said trustees shall

have power, whenever there shall [be] a sum sufficient of the interest in the hands of the said commissioner, accruing from the bonds to him executed on account of the sale of the said sixteenth section, to erect a school house or houses within the township for which they are trustees, to provide a teacher for said school, and to do all things necessary and proper for putting said school or schools into operation, and to continue the same from time to time, and for such portion of each year as may best suit the inhabitants of said township.

SEC. 11. And be it further enacted, That it shall be the duty of the said trustees of each of said townships, to cause a common school or schools to be kept in their respective townships, for the term of at least four months in each year, by a teacher of competent ability and good morals, for the instruction of children in orthography, reading, writing, English grammar, geography, arithmetic, and good morals.

SEC. 12. And be it further enacted, That the said trustees, when elected and qualified, shall have power to reserve from sale any portion of the sixteenth section of their respective townships, not exceeding twenty acres, for the use of a school or cemetery for said township; and they shall also have power to purchase a quantity of land in said township, not to exceed five acres, as a site for a school, which shall be most convenient to the householders in said township, taking a conveyance therefor, to said trustees and their successors in office, for the use of such school or schools as may be established in said township.

SEC. 13. And be it further enacted, That the said commissioner elected under the provisions of this act, on the sale of the said sixteenth section, or any part thereof, shall execute to the purchaser or purchasers a certificate of purchase, specifying therein the quantity of land purchased, the description thereof, the time of said purchase, and the price at which the same was sold; a duplicate of which certificate shall by said commissioner be filed in the office of the clerk of the county court of his county; and deliver, within ten days from said sale, a copy of said certificate to the trustees of the township of which he is commissioner; and shall also record said certificate in a well bound book, to be by him kept as such commissioner; in which book he shall also record all receipts by him taken from such trustees and others, for money paid to them, or to their order, and open an account therein with said trustees and others, in relation to the business of his office.

SEC. 14. And be it further enacted, That the certificate of purchase mentioned in the preceding section, shall have the force and effect of a bond for the conveyance of the land therein mentioned, and shall entitle the purchaser, or his heirs or assigns, on payment of the purchase money named in said certificate, with all interest which may be then due on account of said purchase, to a deed from said commissioner, for the land described in said certificate.

SEC. 15. And be it further enacted, That in case the office of commissioner aforesaid shall, at any time, become vacated by death, resignation, or otherwise, the county commissioners hereinafter men