sums of money coming into my hands as trustee aforesaid, for my own or their private use-so help me God.-Which oath shall be entered upon the minutes of the Inferior Court, and the trustee may retain five per cent. as commissions or compensation for his services as trustee, upon all sums disbursed by him. accept, the appoint some fit person, give bond and 33. Sec. II. If the clerk of the Court of Ordinary will not accept In case the the appointment of trustee of the poor school fund, the justices of the Clerk will not Inferior Court shall immediately proceed to appoint some fit and dis- Inf. Court to creet person in the county, trustee of the poor school fund, which trustee when appointed shall be, and is hereby vested with all the who shall powers that the clerk of the Court of Ordinary could possess when take the oath. acting as trustee of the poor school fund, agreeable to the provisions of this act; and it shall be the duty of the trustee appointed by the Inferior Court, to give bond [and] security, and take the oath prescribed by this act. And whenever the trustee of the poor school In case of fund, whether the clerk or the person appointed by the Inferior Court, Trustee to shall neglect or refuse to furnish the senator elect with a correct state- forfeit his ment of the receipts and expenditures of the poor school fund, agreea- bond may be ble to the provisions of this act, such trustee shall forfeit, and not be entitled to receive or retain in his hands any commissions or compensation for his services, and the Justices of the Inferior Court shall immediately order suit to be brought against such trustee on the bond given by him. neglect, the fees, and his sued. ceive the tees, &c. 34. Sec. III. It shall be the duty of the trustee appointed by this Trustee to react, or that may be appointed by the Inferior Court, to call upon all funds from former trustees, or other persons who have heretofore received or had former Truscharge of the disbursement of the poor school funds, in the several counties in this State, and require them to pay over all unexpended balances remaining in his, her, or their hands; and in case of neglect On refusal, or refusal to pay the same within twenty days after the same is de- suit therefor. manded, the trustee shall immediately commence an action in the Superior Court, for all sums above thirty dollars, against such defaulters, for all sums due and owing by him, her, or them, and for all sums of thirty dollars and under, in a Justice's Court. to commence the Peace to children who to School. 35. Sec. IV. It shall be the duty of the Justices of the Peace, in Justices of the different captains' districts of each county, to produce and make make out a out a list of all children in their respective districts, together with list of the their names, ages, and sexes, whose extreme indigence entitle them to shall be sent a participation in the poor school fund, and report them in writing to the trustee of the county. Which list, after being examined and approved of by the trustee, shall be registered by said trustee in a book, to be kept by him for that purpose, and it shall be the duty of such trustee, to cause all such poor children to be sent to school, whenever a school can be had sufficiently near to their place of residence; and when such child or children are sent to school, the teacher shall sub- Teacher to mit his accounts to said Justices of the Peace, who shall approve or account. reject the same, and if such account be approved, the teacher shall place the same in the hands of the trustee for revision and correction, on or before the second Monday in October in each and every year; at which time said trustees shall pay the account of the teacher, unless To be paid by the funds in his hands are not sufficient to pay the whole accounts of the county of similar amount-then, and in that case, it shall be the duty of the trustee to divide the funds in his hands equally among the poor children educated for that year. submit his the Trustee. nor to draw 36. Sec. V. His excellency the Governor is hereby authorized to The Goverdraw a warrant on the treasurer in favor of the trustee of the poor hig warrant school fund, for the distributive share of the poor school fund, to which in favor of the Trustee. Proviso. Trustees of P.S. fund and ars ac such county is entitled; if such trustee applies for the same in person, or draws an order upon the Governor for the same: Provided, that the Justices of the Inferior Court, shall certify that such trustee is duly qualified to apply for the same, agreeably to the provisions of this act. 37. Sec. VI. The Trustees of the several academies, and the trusof Acad. fund tees of the poor school fund in each county in this State, shall annually, to furnish an- on or before the third Monday in each October, transmit to the senanually two lists of schol- tor elect [from] their county, two accounts each of their respective and receipts and expenditures of that year, together with a list of the names, on failure to ages, and sexes of the poor children and scholars respectively educated entitled to in the county, and at their academy. One copy each of said accounts draw any far- respectively shall be deposited by the senator in the Executive Department, and one copy of each shall be laid before the Senatus Academicus. And if the trustees of any academy or poor school shall fail to comply with the provisions of this act, such trustees of academy, or trustees of poor school fund, shall not be entitled to draw any dividend of their respective academic or poor school fund, until the amount previously received by said trustees or trustee shall be respectively accounted for, either to his excellency the Governor, or the Senatus Academicus. comply, not ther dividend. Trustees, &c. who make a their receipts tures,entitled funds. 38. Sec. VII. The trustees of the several academies, or Justices full and fair of the Inferior Court, or trustees of the poor school fund, in the sevestatement of ral counties in this State, who shall at any time hereafter make to his and expendi- excellency the Governor a full and fair statement of the receipts and to draw their expenditures of their respective several academies or poor school funds heretofore drawn by them for such county or academy; also showing in what manner the moneys received by them from the treasury have been applied and expended-and also showing what amount is due. and owing by former trustees or others who have received or had charge of their several respective academic or poor school funds, in the several counties of this State, then, and in that case, his excellency the Governor shall be, and is hereby authorized to draw a warrant on the treasurer in favor of the different academies, respectively and severally, and the trustees of poor schools, for all arrears which their counties or academies may be entitled to. Warrant on 39. Sec. VIII. His excellency the Governor shall not draw a warthe personal application rant on the treasurer in favor of the trustees of any academies, unless of Trustees. it is on the personal application of one or more of the trustees, or a written order for the same, signed by a majority of the trustees of such academy. Inferi. Courts priate surpl's 40. Sec. IX. When there are two or more incorporated academies in any one county, and the trustees of either academy fail to exhibit a satisfactory account of their respective several disbursements in terms of this act, the trustees of the academy or academies in the same county, which do thus account, shall be entitled to draw the whole dividend provided for said county or counties, for every year in which there may be a failure as aforesaid.* 41. Sec. X. The Justices of the Inferior Courts throughout this may appro State shall have power to order an appropriation of any part or portion County funds of the surplus county funds in aid of the provisions now or which may chil- hereafter be made, for the benefit of county academies, or the education of poor children. to academies and poor dren. Repealing clause. All laws militating against this act are hereby repealed. But see Section 45. An Act more effectually to define the duty of the Trustees of the Poor School Fund, in the respective Counties of this State.-Passed Dec. 22, 1829. Vol. IV. 56. pay Teachers 42. From and immediately after the passage of this act, the trustees Trustees to of the poor school fund in the respective counties in this State, are of poor chilrequired, whenever the teachers of poor children, in their respective dren quartercounties, shall make out their accounts agreeable to the provisions of ly an act, passed the twenty-second day of December, eighteen hundred and twenty-eight, entitled, "An Act for the better distribution and application of the poor school fund, and to point out the mode of accounting for the disbursement of the academy and poor school funds," to pay said accounts at the times, and on the days following, to wit on the first Monday in April, on the first Monday in July, on the first Wednesday in October, and on the first Monday in January in each and every year: Provided, no account shall be paid until the Proviso. full end and expiration of the quarter for which the demand is made. Trustee Peace fail to 43. Sec. II. The trustee of the poor school fund in the respective Duty of the counties of this State shall not wait until all the Justices of the Peace when Jusin their respective counties may report, but said trustee is hereby re- tices of the quired, whenever said justices or any of them shall fail or neglect to report. report, agreeable to the act of the twenty-second day of December, eighteen hundred and twenty-eight, to pay over to such teachers as may have made out their accounts as aforesaid, their respective demands: Provided, that said trustee, on paying out such sums, shall Proviso. retain in his hands, as nearly as he can ascertain, a rateable proportion of money, as will be sufficient to cover the demands that may be made in the defalting districts in his county, until said return shall have been made agreeable to law. clause. All acts, or parts of acts, militating against this act are hereby re- Repealing pealed. An Act to provide for the more equal distribution of the academic fund among the several counties of this State.-Passed Dec. 24, 1832. Pam. 20. tion. 44. Sec. I. The academic fund hereafter to be distributed among Representathe several counties of this State shall be distributed in proportion to tive populathe representative population of each county, agreeable to the last census, returned to the Executive office. Sec. II. All laws militating against this law are hereby repealed. An Act, to amend an Act, entitled an Act, to distribute certain funds among the several counties in this State, for the use of Academies, and to provide a more equitable method for the distribution of said funds. Passed Dec. 23, 1833. Pam. 9. to draw in students. 45. So much of the before recited act, as requires a joint applica- Each Acadtion of a majority of the Trustees of the several Academies, in counties my allowed where there are more than one incorporated Academy, to enable them proportion to to draw the Academy fund due the county, be, and the same is hereby repealed; and, that each Academy is hereby entitled, to draw a share of said funds in proportion to the number of students taught in the Academy during the past year, agreeably to the returns made to the Executive office, on the order of a majority of the Trustees of such Academy Provided, that those counties, wherein there are no Acad Teachers' accounts shall state emies now in operation, shall be permitted to draw on said funds, according to the laws heretofore passed, and now of force. An Act to amend an Act entitled an Act for the better distribution of 46. Sec. I. From and after the passage of this act, the trustees of the poor schools in the several counties of this State be required to the number reject the account of any teacher of a poor child or children, unless the same shall set forth the number of days each child was so taught, and to require the same to be proven before some justice of the peace, or justice of the inferior court. of days. Trustees' ac to Grand 47. Sec. II. It shall be the duty of the trustees of the poor school counts to go funds in each county, to submit to the grand jury of their respective counties, at the fall term of the superior court, an abstract containing the receipts and disbursements of the monies drawn by him as trustee, which shall be accompanied by the necessary vouchers. Jury. Teachers to in full or pro Sec. III. All laws militating against this act are hereby repealed. An Act to amend the several laws of this State on the subject of the Poor-school Fund so far as relates to the times of disbursement by the Trustees.-Passed Dec. 20, 1834. Pam. 167. 48. From and after the passage of this act it shall be lawful for the be paid annu- Trustees of the Poor-school Fund of the several counties of this State ally by 10th of January to pay the teachers of the poor children their respective accounts portionally. against said fund annually; and the several teachers shall, during the month of December in each year, render in their accounts to the several trustees of the different counties, and at the expiration of said year, and within ten days thereafter, the said trustees shall proceed to pay the same. the surplus [Proviso repealed by the ensuing act of 1835.] An Act to amend an Act, passed the 20th of December, 1834, on the subject of the Poor-school Fund, so far as relates to the arrears to be paid out of the Poor-school Fund.-This act passed December 26, 1835. Pam. 171. 49. Sec. I. [Is a transcript of the last act as far as the proviso; instead of which, this act adds the following words]-" according to the priority of said account or accounts." Sec. II. Repeals all repugnant acts. An Act to appropriate and set apart, one third of the Surplus Fund, to be derived to this State from the United States, as a permanent Free School and Education Fund, and to authorize the appointment of a Committee to prepare and report a plan of Free Schools, &c. to the next Legislature.-Approved Dec. 23, 1836. Pam. 138. One-third of 50. Sec. I. One third of the Surplus Revenue which this State revent may receive from the United States, be, and the same is hereby approapart, and the priated and set apart, as a permanent Free School and Education propriated to Fund; that the same, as it may be received, shall be deposited in the free schools. Central Bank, and loaned out to the citizens of this State, according to the law regulating the disbursement of the funds of the Central interest ap Bank, and that the interest only, of said fund, shall be used for the establishment and maintenance of such plan or system of Free Schools and Education, as may hereafter be determined on by the Legislature, at its next, or some subsequent session. appointed to 51. Sec. II. A joint Committee of five, two from the Senate, and Committee three from the House of Representatives, to be named by the presiding digest and reofficer of each House respectively, and shall be appointed at the present port a plan. session of the Legislature, whose duty it shall be, to digest a plan of common school education, best adapted to the genius, habits, of life and of thought, of the people of Georgia, and report the same to the General Assembly at its next session; and with a view of obtaining every necessary information, in regard to the various systems of Elementary Schools which exist in this country, and that they may come to the consideration of the subject committed to their charge with the best lights which the age affords; authority is hereby given them, to appoint a sub-committee of not more than two of their own number, who shall, during the ensuing year, visit different parts of the United States, and particularly the New England States, with the object aforesaid, and shall also institute a correspondence with such persons as they may think proper, either in the United States, or Europe, or both, for the purpose of getting information of the different systems of common school education, which likewise prevail in some of the European countries, and the said place [plan] which the committee may digest and report, shall be accompanied by the reasons on which it is founded, and the information which may be collected as aforesaid. 52. Sec. III. All laws or parts of laws repugnant to this act, be, Expense. and the same are hereby repealed: And all expense incurred by collecting such information, shall be paid out of the present contemplated school fund, and shall not exceed the sum of two thousand dollars. RESOLUTIONS. 53. Whole amount received up to 5th June, 1820, on the free school funds invested in bank stocks, $18,566. As to Academies, the committee are not able to ascertain what sum had been received by each,-very unequal,-some had received nothing. Resolved, That the fund of $250,000, set apart by a former Legislature, as a free school fund, and the interest yielded thereon or that may be yielded thereon, from time to time-together with lots of land, Nos. 10 and 100, set apart by an act of the Legislature of 1818, for the education of poor children, shall not under any authority or pretence whatever, be applied to any other object than that of free schools, in such mode and manner as may hereafter be prescribed by the Legislature. Further resolved, That a committee be appointed to prepare and report to the next session, a system of free school education.[Reso. of 12 Dec. 1820. Vol. IV., 6.] 54. Treasurer directed to issue executions against all persons indebted for forfeited lands; and the Governor directed to employ an agent to investigate and collect all that is practicable of the large amount still due for reverted confiscated property, and report in detail to the ensuing session.-[Res. of 18 Dec. 1820. Ib. 4.] 55. Resolved, That each county which shall exhibit satisfactory certificates from the Surveyor General's, the Executive, the Secretary of State's, and the Treasurer's office, or any of them, that they have not received the amount with which they stand charged, shall be |