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Statutory power of officers.

64. Mr. Justice Trunkey said: "A person is not liable for the acts of another unless the relation of master and servant or principal and agent exists between them. School districts are corporations of lower grade and less power than a city, having less the characteristics of private corporations and more of a mere agent of the state. They are territorial divisions for the purposes of the common school laws and their officers have no powers except by express statutory grant and necessary implication; and these are for the establishment and maintainance of the public schools. The common school system partakes much of the nature of a public charity, extends over the whole state, is sustained by the public moneys, and the directors, who devote much time and labor for the public benefit, receive no compensation for their services. Unless exempted by the act of incorporation, or by law, a private corporation is liable for the wrongful acts and neglects of its officers done in the course and within the scope of their employment, the same as a natural person is for the acts and neglects of his servant or agent. A less stringent rule applies to public corporations, and least stringent of all should be applied to school districts, whose officers have limited and defined powers in a system exclusively for the free education of the children in the commonwealth.

The directors as a board must exercise their powersthe board may make contracts, may authorize a committee to make a contract, and may appoint an agent for a proper and specific purpose. One or more of the directors, without authority from the board, can make no contract binding upon the district, cannot change a contract, can do no act fixing the district for a liability. He may be personally responsible to those who suffer from his unauthorized acts, as any other citizen would be."9

Execution against school districts.

65. If judgment shall be obtained against a school district, in any action of proceeding, the party entitled

9. School District of the City of Erie vs. Fuess, 98 Pa. 600, 1881.

to the benefit of such judgment may have execution thereof, as follows, and not otherwise, to wit:-it shall be lawful for the court in which such judgment shall be obtained, or to which such judgment shall be removed by transcript, from a justice of the peace or alderman, to issue thereon a writ, commanding the directors or controllers and treasurer of such school district, to cause the amount thereof, with interest and cost, to be paid to the party entitled to the benefit of such judgment, out of any moneys unappropriated of such district, or, if there be no such moneys, out of the first moneys that shall be received for the use of such district, and to enforce obedience to such writ by attachment."

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Remedy.

66. The remedy provided by this act is exclusive, and proceedings by an ordinary mandamus cannot be sustained." Special writ on execution.

67. The writ provided by this section is not an alternative mandamus, but a special writ of execution, directed against the money of the defendant, and enforceable by attachment against the school directors of the district, if it is not obeyed.12

Return.

68. A return of "no funds" is sufficient; it need not state why such a state of things exist.13

When attachment is premature.

69. Until a peremptory writ of mandamus has been awarded and disobeyed an application for an attachment against the school directors for failing to pay a judgment. as commanded by mandate or alternative mandamus, is premature.14

Execution on judgment.

70. Judge Clayton said: "That where an execution having been issued upon a decree from which there has

10. Act May 8, 1854, Sec. 21, P. L. 621.

II.

12.

Commonwealth vs. Pease, I Dauphin Co. 47, 1898.
O'Donnell vs. School District, 133 Pa. 162, 1890.

13. Cavanaugh vs. Cass School District 6 Pa. C. C. 35, 1889.

14.

School District vs. School District, 6 Pa. C. C.38, 1889.

been no appeal, the only defence allowable is the want of funds, in which case the court will order a special tax to pay the debt."15

Evidence for school district.

71. That no person shall hereafter be incompetent to give evidence in any suit or action in which any school district, or any officer thereof is a party, for or on account of said person being an inhabitant of the district, or by reason of his being liable to the payment of any tax in which said school district may be interested.16

Procedure on a judgment rendered by a justice of the peace or alderman against a school district.

72. It shall be the duty of the plaintiff or plaintiffs in every judgment rendered by a justice of the peace or alderman of this Commonwealth, against any borough, township or school district of this Commonwealth, to file, within one week from the time of rendition of said judgment, with the prothonotary of the county in which such municipal corporation is situated, a certificate signed by the plaintiff or plaintiffs, naming the parties to the action in which said judgment was rendered, the magistrate by whom rendered, and setting forth the fact and date of the rendition of the same and the amount thereof."

Record of certificate.

73. Immediately upon the receipt of such certificate by the prothonotary of such county, he shall enter it of record in a book, kept by him in his office for that purpose, to be called the "Record of Suits before Justices and Aldermen against Boroughs, Townships and School Districts," setting forth therein the name of the plaintiff, the name of the defendant municipality, the sum for which judgment was entered, the date of its rendition, and the name of the justice or alderman by whom the judgment was given."

15. School District vs. School District, 4 Del. 97, 1889.

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Fee.

74. For entering such certificate of record, the prothonotary shall receive the sum of fifty cents, for which, in every instance, the municipality against which the suit is brought shall be liable to the prothonotary.19

Failure to comply with the act. Records and transcripts.

75. Whenever in the case of any judgment rendered by any justice of the peace or alderman of this Commonwealth, against any borough, township or school district of this Commonwealth, the provisions of this act shall not be complied with, no transcript of such judgment may, at any subsequent time, be filed in the office of the prothonotary, for any purpose whatsoever; and neither the justice's nor alderman's record of such judgment, nor any transcript or copy thereof, may be used as evidence in any proceedings to enforce or collect said judgment.20

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Election of school directors.

Term of office..........

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78.
79. Petition. Increase of number of directors.....

81. Election of school directors in boroughs not divided into wards 82. Election of school directors in boroughs not divided into wards 83. Designation on ballot..............................

84. Vacancies.........

85. Directors elected under former laws...

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102.

Duty of school board to act and determine a director's right

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108.

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Directors exempt from serving in certain offices..

109. Incompatibility of officers......

110. School director can act as judge............

Creation of school boards.

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76. Junkin J. says: "Boards of school directors are the creation of statutory law, having no existence outside of positive enactment. Neither have they any power beyond what the statutes confer, or by necessary implication spring from the duties imposed. The things which they are empowered to do, they may perform; and that which they

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