ment of public instruction, containing a summary of the returns made to them by the assessors of their respective districts, shall be prepared by the superintendent and forwarded to the county commissioners of the several counties for the required purpose.9 Repeal. 746. All acts or parts of acts inconsistent herewith are hereby repealed.1o Basis of distribution by taxables. 747. It shall be the duty of the commissioners of each county to ascertain triennially, with the assistance of the respective assessors, the exact number of taxable citizens residing in each school district, in their several counties, and to certify the same, under their hands and seals of of fice, to the superintendent of common schools, who is hereby directed to adopt the number of taxables thus certified to him, as to the basis of distribution of the state appropriation; which said certificate shall be prepared and transmitted, on or before the first Monday of June, in every third year, commencing with the first Monday of June, Anno Domini 1865." Failure to forward certificate. 748. And if the commissioners of any county shall neglect to forward such certificates on or before said day, the superintendent may, in such case, adopt the number of taxables set forth in the next preceding certificate or return.12 Errors, how corrected. 749. If any error in the certificate of taxables shall occur, whereby a district shall receive more or less of the state appropriation than is justly due said district, the county commissioners shall have authority, and they are hereby required, immediately to forward to the superintendent a correct list of taxables, and the superintendent 9. Act July 15, 1897, Sec. 8, P. L. 271. II. 12. shall thereupon make it the basis of the appropriation due said district.13 When new district is formed, number of taxables therein and in the old districts, to be certified. 750. Whenever any new district shall be formed in any county of this Commonwealth, it shall be the duty of the commissioners thereof to certify to the superintendent of common schools, before the commencement of the next succeeding school year, the number of taxable inhabitants therein, and also the number in the district or districts from which it was taken, separately, according to the last preceding triennial enumeration of taxables made for school purposes, so that the whole number in such new district, and in that or those out of which it was taken, being added together, shall be neither greater nor less than the number that was therein before the change was made, and according to the last triennial certificate or return of taxables thereof made by said commissioners. 14 Non-accepting districts which have put schools in operation to be entitled to back appropriations. 751. All school districts in this Commonwealth, previously non-accepting, which have put in operation a system of common schools, according to law, at any time since the year 1860, are hereby declared entitled to the same state appropriations for school purposes which they would have received had they complied with the law in reference to common schools, during and since that year; and the superintendent of common schools is authorized and required to pay out of the appropriation to common schools for the year 1869, by warrants upon the state treasury, all sums found to be due to such districts by the provisions of this act.'5 Additional state appropriation. 752. Whenever the commissioners of any county of this Commonwealth shall certify, under their hands and 13. Act May 8, 1854, Sec. 48, P. L. 617. 14. Act May 8, 1854, Sec. 49, P. L. 617. 15. Act April 9, 1868, Sec. 1, P. L. 76. seals of office, to the superintendent of public instruction, that more taxable citizens actually resided in any school district of their respective counties, at the time of the last triennial enumeration of taxables, than were then certified and returned by them, in compliance with the act of April 17, 1865, Sec. 1, P. L. 61 (supra Sec. 747), the superintendent of public instruction shall draw his warrant upon the state treasurer for whatever additional state appropriation such district or districts may be entitled, under the distribution made for the year or years for which such incomplete enumeration was returned: Provided, That under this act, no district shall be entitled to additional appropriation, for any year preceding 1870, and hereafter, for no year prior to the year in which the next preceding triennial enumeration of taxables was made. 16 State appropriations to districts formed after triennial assessment. 753. The superintendent of public instruction be and he is hereby authorized to draw his warrant for the payment of the amount or portion of the state appropriation to common schools equitably due school districts formed after any triennial assessment, by reason of rapid growth of population, and which under the present law can get no portion of the state appropriation until after the next succeeding triennial return of resident taxables."7 Basis of distribution. 754. The basis of distribution in such cases, shall be the number of resident taxables as shown by the next preceding annual assessment and return by the county commissioners to the department of public instruction. 18 When warrant shall issue for state appropriation. 755. As soon as the schools of any district shall have been kept open and in operation at least four months1 subsequent to the first Monday in June preceding, the president of the board of directors or controllers, shall certify the same under oath or affirmation together with the name of 16. Act April 12, 1878, Sec. 1, P. L. 13. the district treasurer, and his post-office address, to the county superintendent, who shall immediately forward the same to the superintendent of common schools, who, upon the receipt of the same shall draw his warrant on the state treasurer for the whole amount such district is entitled to receive from the annual state appropriation: Provided, That said board of directors or controllers shall have made report of condition of the schools in their districts, as directed by the 23d section of this act : 20 And provided also, That the foregoing certificate shall have been transmitted to the superintendent of common schools within the school year for which the warrant is to be issued.21 Appropriation to township high schools. 756. Out of the said amount, hereby appropriated, there shall be set apart the sum of two hundred thousand dollars, to be expended on the warrants of the superintendent of public instruction, for the encouragement and support of the township high schools: Provided, That participation in the amount hereby appropriated for the encouragement and support of township high schools shall not be made dependent upon the teaching of any dead or foreign language.22 20. Supra Director's annual report to county superintendent, Sec. 204, COMMON SCHOOL EDUCATION IN CITIES OF THE FIRST CLASS. PAGE 757. Board of public education. Appointment and term...... 758. Vacancies. Eligibility.. 759. Oath of office 761. Duties of board of education...... 762. School boards. 764. Eligibility. Oath...... 766. Duties and powers of school boards........ 368 369 369 369 369 Election. Term....... 369 370 370 370 779. Superintendent of supplies. Assistants....... 780. Appropriation for school purposes. Expenditures.. 781. The board to be a corporation. Titles...... 373 373 373 374 374 374 374 375 782. Powers, rights, etc...... 375 783. Cities may establish institutions for scientific and educational instruction. Acquisition of property. Trustees..... Board of public education. Appointment and term. 757. The control of all the schools supported by any school district of the first class shall be vested in a board of public education, to consist of twenty-one (21) members, who shall be appointed by the judges of the courts of common pleas of the county in which the said school district of the first class shall be situated, for terms of three (3) years each, except that the original appointments under this act shall be as follows: seven for one year, seven for two years, and seven for three years, and members shall be eligible for |