enjoined upon county superintendents, and to discharge such other duties as the by-laws, rules and regulations of the respective boards of directors may require.3

Make annual report and attend meetings.

679. It shall be their further duty, in addition to an annual report, to report monthly to the department of common schools, such facts relating to their work and the condition of the schools under their charge as may be required by the superintendent of common schools, and to attend meetings of superintendents called by said superintendent of common schools.

Supervising principals of schools in townships of over 4,000 in

habitants.

680. The school directors of any township in this Commonwealth having a population of over four thousand inhabitants may, at the time of the annual election of teachers, elect viva voce, by a majority of the whole number of directors, one person, holding a permanent certificate or a diploma issued by a state normal school of this Commonwealth, as supervising principal of public schools of said township, or may employ one of the teachers of such township, having said qualifications, to perform the duties of supervising principal, for a term not exceeding three years, at a salary to be fixed by the school board at the time such supervising principal shail be elected or employed.5 Duties of principal.

681. Such supervising principal, when elected, shall discharge such duties as the county superintendent of public schools and the board of directors by whom he was employed may require, and shall be removed from office in the same manner and for the same causes as teachers in the public schools may be removed."

City or borough superintendent not subject to authority of county superintendent.

682. From and after the appointment of a city or borough superintendent in any city or borough in this Com

8

monwealth and the proper notification of the superintendent of common schools of the fact, such city or borough shall not be subject to the authority and jurisdiction of the county superintendent of the county in which said city or borough is located, except that in the matter of holding the annual teachers' institute as provided by sections second," third, fourth, fifth of this act, in which the city or borough superintendent shall co-operate; and the quota of the annual appropriation to said city or borough shall not be diminished by reason of any contribution to the salaries of the county superintendents, nor shall the directors of such city or borough vote at any election for county superintendent; Provided, That it shall be lawful for the board of school directors or controllers of any city or borough which has elected a superintendent and employs not less than fifty teachers, by resolution at any stated meeting and duly recorded, to authorize the holding of a separate annual teachers' institute for said city or borough, and in all matters pertaining to the holding of institutes shall be in no wise subject to the authority and jurisdiction of the superintendent of the schools of the county in which said city or borough is located; and when the holding of said separate annual institute shall have been so authorized as aforesaid, the superintendent of the schools of the said city or borough shall have power to call a teachers' institute and to draw from the county treasury money for the support of the same in like manner and to the same extent as the county superintendents of this Commonwealth are now empowered to do; and the said annual institute shall have power to elect a committee on permanent certificates in and for said city or borough as county institutes are now empowered to do for their respective counties. All acts or parts of acts inconsistent herewith be and the same are hereby repealed."

7. See Supra TEACHERS' INSTITUTES, Sec. 641.

8.

See Supra TEACHERS' INSTITUTES, Secs. 642, 643, 644.

9.

See Supra TEACHERS' INSTITUTES, Sec. 649.

10.

See Supra TEACHERS' INSTITUTES, Sec. 650.

II.

Act June 28, 1895, Sec. 9, P. L. 415. The act amends Sec. g of the Act of May 24, 1887, P. L. 196, which amended Sec. 9 of the Act of April 9, 1867, P. L. 53.

COUNTY SUPERINTENDENT.

683. Creation of office.................

684. Election of county superintendent...............

PAGE

331

332

685. Majority of whole number present necessary to an election.... 332 686. Oath of office.........

332

696. Serving as county, city or borough superintendent not an absolute test....

336

337

697. Superintendent of public instruction required to issue a commission to teachers who hold a professional certificate, when elected as county, city or borough superintendent.................................. 698. Eligibility of county, city or borough superintendent............. 339 699. Branches to be taught.......

338

340

705. When certificate will not be granted......

704. Legal requirements to remove a teacher on "len Days' Notice.".

706. Power of superintendent under the act...

and hygiene.................

708. School board must provide competent teachers. When state appropriation withheld or forfeited

710. No authority to teach for compensation.......

707. County superintendent's report on instruction of physiology

711. School directors' expenses paid to triennial convention......... 351 712. Misdemeanor for any candidate to pay directors' expenses to convention..............

716. Duty of county superintendent to call together all the directors

for certain purposes....

354

Creation of office.

683. The office of county superintendent was created

by act May 8, 1854.

Election of county superintendent.

684. The school directors of the several counties of the Commonwealth, shall meet in convention at the seat of justice of the proper county, on the first Tuesday of May, in each third year, and select, viva voce, by a majority of the whole number of directors present, one person, of literary and scientific acquirements, and of skill and experience in the art of teaching, as county superintendent for three succeeding school years.'

Majority of whole number present necessary to an election.

685. Where the president and secretary of the convention certified to J. P. Wickersham, superintendent of common schools, inter alia, "that the whole number of directors was 112, of whom 56 voted for Geo. Swartz and that D. E. Kast received 55 votes, one member refusing to vote at all on the last ballot," the superintendent refused to issue a commission to Swartz for the reason that the certificate was not such as the law required.

On appeal to the Supreme Court, Justice Shars wood said: "The thirty-ninth section of the act expressly provides that the selection shall be viva voce by a majority of the whole number of directors present." It is urged that the director refusing to vote was virtually absent. He might perhaps, have withdrawn, but he did not do so. He remained, and being present was entitled to be counted. It matters not what he supposed to be the effect of his action. The legal intendment was that he voted for neither or for the minority candidate. It would be dangerous to fritter away the express provision of the statute by construing an actual presence into virtual absence. The certificate then was a nullity: it was a felo de se.2

Oath of office.

686. Every person selected or appointed county superintendent of common schools shall, before entering upon the duties of his office, take an oath or affirmation, before any judge of the court of common pleas of the proper

I. Act May 8, 1854, Sec. 39, P. L. 617, as amended by Act May 27, 1866, P. L. 88.

2.

Commonwealth vs. Wickersham, 66 Pa. 134, 1870.

county, or before the superintendent of common schools, who is hereby authorized to administer the same, that he will perform all the duties of county superintendent, during his term of office, honestly, impartially, diligently and according to law, to the best of his skill and ability, which said oath or affirmation, being subscribed by said county superintendent, and attested by said judge or state superintendent, shall be filed in the department of common schools.3

Notice of election for county superintendent.

687. It shall be the duty of the superintendent of common schools, by publication at least three successive weeks, in two newspapers for each county, if so many there be, but if none are published in such county, then by printed notices, sent by mail to the secretary of each board of directors of each school district in such county, of the time and place for holding the triennial convention of directors, who shall then and there assemble, and select a presiding officer from one of their number, and the directors then present shall proceed to the election of a county superintendent in the manner hereinafter provided. The notice that shall hereafter be given of the assembling of the aforesaid triennial convention, shall be by the county superintendent, in the manner above provided. All expenses of giving notices, directed by this section, shall be paid out of the same funds as the salary of the county superintendent.4

Duty of president and secretary of convention.

688. It shall be the duty of the president and secretary of the triennial convention of directors, to certify to the superintendent of common schools, the name and post-office address of the person elected county superintendent, in pursuance of the provisions of the act of May 8, 1854, and those of all the other candidates who received votes, together with the amount of compensation fixed upon by said convention; upon the receipt of such certificate, if no valid objection be received with thirty days, after the day of the election, the superintendent of common schools shall com

3. Act April 11, 1862, Sec. 14, P. L. 471.