Bond of Depositary bond in the penalty of double the value of the books which he will probably have on hand at any time, but in no event of a less penalty than one hundred dollars; which bond shall be approved by the board of educa tion and filed with the secretary thereof. The board of education may discharge any depositary at any time, and require him to deliver the books in his possession to such person as the board may name, and require the depositary to settle his accounts and pay over to the sheriff any balance in his hands on or before a date named by the board. XII. Each depositary shall, on or before the first day to keep books. of September in each year, unless the board of education shall name an earlier date, make out a list of the text-books, in sufficient quantity in his judgment to supply the schools in his neighborhood for a period of six months, and from time to time thereafter each depositary shall make out additional lists of such books, so that he may at all times have a sufficient supply on hand; such lists, when approved by the board of education, or the president thereof, shall be signed by him and the secretary thereof, and by the secretary forwarded to the address of the publishers of the books therein named. Invoices of books. XIII. It shall be the duty of said publishers promptly to forward the books therein named to such depositary, and to make out two invoices or bills therefor, one of which shall be forwarded to the depositary and the other to the secretary of the board of education. The board of education shall supply the secretary with a proper book in which to keep the accounts of all the depositaries in the district. On the receipt of each invoice the secretary shall charge the amount thereof against the depositary receiving the books therein named, in said account book, and file or preserve the invoice or bill. If there be any error in such invoice or bills, the depositary receiving the same shall promptly notify the publisher making the same; and if such publisher fail to correct such error within twenty days thereafter, such depositary shall notify the secretary of the board of education thereof, and the board of education shall investigate the same and take such action therein as may be proper and just. Each depositary shall pay to the sheriff of the county, at the end of each thirty days, or oftener if required, and whenever required by the board of education, the amount received by him from the sale of such text-books since his last previous payment, less his commission (to be fixed by the board of education commission. and not to exceed fifteen per cent. on the amount of such sales), and the amount paid by him for transporta Payment to the sheriff. Depositary's tion charges on such books; provided, that each statement of charges to the sheriff shall be accompanied by all the transportation bills paid by said depositary. The sheriff shall duplicate receipts therefor to such depositary, wherein shall be stated the total amount of such sales and the amount paid by such depositary to the sheriff, one of which receipts shall be filed by such depositary with the secretary of the board of eduction, and upon receiving the same said secretary shall credit the account of said depositary with the amount appearing thereby to have been so paid by him to the Sheriff and the amount paid for transportation charges, and the amount of said commission by separate items, and said secretary shall charge against the account of the sheriff, which he is hereby required to keep, the amount paid by such depositary to such sheriff, to be accounted for by the sheriff in his annual settlement with the board of education. The amounts received from the sales of such books shall be credited to the building fund of the district. Education XIV. The board of education of cach district shall Board of be liable in its corporate capacity for the whole amount liable. of all such text-books furnished to the depositaries in the manner hereinbefore prescribed, and shall within sixty days from the date of any invoice or bill of text-books supplied by the publishers thereof to any depositary in the district in the manner prescribed in the preceding section, cause an order to be issued in favor of such publisher, payable out of the building fund of the district, and cause such order to be forwarded by mail to such publishers. On presentation of such order to him the sheriff shall pay the amount thereof to the party entitled to receive the same, if there be in his hands sufficient funds due the building fund of said district; but if the sheriff have not sufficient of such funds to pay the same, he shall endorse on the back thereof the words "Presented for payment," with the date of such presentation and said order shall draw interest from that date. If the Sheriff shall fail or refuse to pay such order when he has funds in his hands, or should by law have the same, with which to do so, he shall be liable as provided in section forty-six of chapter forty-five of the Code. XV. The board of education shall pay the cost of such Books paid for books and the amount of charges for transportation out out of Buildof the building fund of the district, and shall lay an ing Fund. annual levy for the same upon the taxable property of the district in the manner and at the time that other levies are laid for said fund, and if at any time any Board may remove depositary. Books in exchange. Teacher liable. Misdemeanor. scholar or scholars should remove from the county into another county in which a different book, or series of books, or different books have been adopted, the board of education of any district are authorized to purchase from such scholar or scholars with money from the building fund and at a fair valuation, such book or books or series of books as may not be adopted in the county to which they may remove: Provided, That the provisions of this section shall not apply to districts in which no depositary shall be appointed. XVI. The board of education may remove any depositary in his district at any time, and appoint another in his stead; may require him to execute a new bond, or additional bond, whenever in their opinion they shall deem it necessary, and may cause to be made at any time an invoice of the text-books in the possession of any such depositary. It shall be the duty of every depositary whenever the board of education shall order, to turn over to his successor or such other person as the said board may name, all text-books in his possession. XVII. Every depositary shall receive from any resident of his district copies of the books that may at any time be superseded by adoption of other books in their stead, at the contract exchange allowance of such superseded books, to be applied on payment of adopted books. Each depositary shall turn over such superseded books to the board of education at such times as the board may direct, and shall receive credit on his account for the value thereof. Such superseded books shall be held by the board of education subject to the orders of the publishers thereof, for a period of not longer than three months. XVIII. If any teacher in a primary or graded school of the free school system of this State use, or cause to be used in such primary or graded school, any textbooks not authorized in place of an authorized book, then the county superintendent shall apply to the board of education for an order signed by said board, directed to such teacher, requiring the use of such unauthorized text-book to be discontinued; and if any teacher shall disobey any such order issued by said board of education, such teacher shall forfeit the sum of ten dollars for each such offense, and it shall be the duty of the board of education of the district where said teacher is employed to retain that amount out of the salary of said teacher, which amount so forfeited shall be paid into the teachers' fund of such district. XIX. Any publisher, school officer, depositary, dealer, teacher or other person, violating the provisions of this act, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined for each offense not less than five nor more than fifty dollars. XX. Nothing contained in this act shall be construed Acts repealed. as changing or modifying the contracts heretofore made with publishers of text-books under authority of chapter thirty-seven of the Acts of one thousand eight hundred and ninety-five; and all acts, or parts of acts, coming within the purview of this act and inconsistent therewith, are hereby repealed. 59. If any officer or teacher, fail to perform any duty Fines for required of him by this chapter, or violate any provis- violations. ion thereof, and there is no other fine or punishment imposed therefor, by law, he shall be fined not less than three, nor more than ten dollars, for every such offense, to be recovered before a justice of the peace of the county; and such fine shall not impair or affect his liability for damages to any person injured, nor the liability of himself and sureties on his official bond. If the board of education of any district or independent school district, fail to perform any duty required by this act, each member of such board shall be liable to the full penalty imposed by this section, unless he show that he was not guilty of any neglect or default in the premises. 60. For the support of free schools, there shall be a state school state tax levied, annually, of ten cents on the one hun- tax. dred dollars' valuation on all the real and personal property of the State, which, together with the interest of the invested school fund, the net proceeds of all forfeitures, confiscations and fines which accrued to the State during the previous year, the proceeds of the annual capitation tax, dividends on bank stock held by the board of the school fund, and the interest accruing on stock invested in United States bonds, shall be set apart as a separate fund to be called "the general school "General fund," and shall be annually applied to the support of School Fund." free schools throughout the State, and to no other purpose whatever. It shall be distributed to the several counties in the State in proportion to the number of youth therein, according to the latest enumeration made for school purposes; but the auditor shall first deduct therefrom the aggregate salary of the State Superintendent of Free Schools, and the necessary traveling and contingent expenses of his office, together with such other sums as may be required to be paid by him out of the general school fund. Fifty per cent. of this distributable sum shall be paid on the fifteenth day of Sep- When tember, and the remainder on the fifteenth day of December, of each year, and in the manner provided in the sixty-first section of this chapter. 61. It shall be the duty of the auditor, on or before distributed. Duties of intendent in State school fund. the tenth day of June, in each year, to ascertain the State Super amount which is distributable among the several coundistributing ties as aforesaid, and notify the State Superintendent of Free Schoole thereof, who shall thereupon ascertain the proper share of each county and notify the auditor and each county superintendent, also, the amount deducted by the auditor from the share of his county on account of salary paid the county superintendent, as required by section fifty-four, which amount the county superintendent shall also deduct from the share of his county before making his distribution of the same among the several districts thereof. County Superintendent to apportion among districts. Requisition on Auditor. Form of requisition. Upon receiving such notice, the county superintendent shall ascertain the proper share of each district, and independent school district, of his county, according to the number of youths therein, and give notice to the board of education of each district, and independent school district, in the county, of the amount of the general school fund due each, respectively, and that the same cannot be drawn by them until they have made the levy required by the fortieth section of this chapter. 62. Upon being officially notified by the secretary of the board of education, in the manner provided for in the forty-fourth section of this chapter, that the board of education has authorized the levy for school purposes, the county superintendent shall issue his requisition on the auditor, payable to the order of the sheriff of his county for the amounts due such districts as may have made the levy aforesaid, which shall be paid in two equal installments, payable on the fifteenth days of September and December, respectively; whereupon the auditor shall issue his warrant upon the treasurer in favor of the sheriff for the amount of such requisition, indicating in writing upon said warrant the depositary upon which the same shall be drawn; and the treasurer shall thereupon be authorized and required to draw his check upon the said depositary for the said amount. The requisition of the county superintendent shall be in form or in substance as follows: county, sheriff of ་ dollars, the amount of State school fund apportioned to the district (or independent school district) of |