said assessors, the usual compensation for the services enjoined by this section.20

Construction of Act May 8, 1855, P. L. 509. Court may vacate decree erecting independent school district.

922. The true intent and meaning of the provisions of the supplement to the general school law, approved the eighth day of May, Anno Domini one thousand eight hundred and fifty-five [P. L. 509], for the creation of independent school districts, was and is to provide in a guarded manner for exceptions to the general rule, and to protect and promote the educational welfare of occasional localities that, from natural or other adequate obstacles, could not be properly provided for under the organization of township districts; and further, it was not the intention to cut up townships into single school districts, nor to carve out the wealthier from the poorer portions of a township or townships, to the prejudice of the rights and interests of the latter: And it is further enacted, That when an independent district has been created in violation of these principles, the court of quarter sessions of the proper county is hereby authorized and required, upon application of not less than twenty citizens of the township or borough affected thereby, to open the decree of the court by which it was created, and after re-examination upon the merits, confirm or annul such districts, as the evidence may require; and hereafter no independent district shall be created in any case without the unanimous concurrence of the court.21

When certain independent school districts created by courts of common pleas may be abolished.

923. That in all cases where an independent school district has been created or continued by any of the courts of common pleas of this Commonwealth, it shall be lawful for said courts, upon the application of one-third of the taxable citizens of any school district, out of which any independent district may be erected, by petition, setting forth that they desire the abolition of any district, to hear and determine the application upon its merits, and if deemed ex20. Act May 8, 1855, Sec. 7, P. L. 509.

pedient, the said court shall discontinue the said district or continue the same for any period not exceeding five years at any one time: Provided, If any district shall be discontinued, the school property of said district shall be disposed of as is required by the existing laws."

When other independent school districts may be abolished. Disposition of property.

924. That in all cases where an independent school district has been created by any of the courts of quarter sessions of the peace of this Commonwealth, or by act of assembly, it shall be lawful for said courts, upon the application of the majority of the taxable citizens of any school district, out of which any independent district may be created, by petition setting forth that they desire the abolition of any district, to hear and determine the application upon its merits, and if deemed expedient the said court shall discontinue the said district: Provided, If any district shall be discontinued the school property of said district shall be disposed of as is required by the the existing laws. 23

Elections in independent school districts regulated.

925. That when an independent school district shall be established the proper court shall, in the decree therefor, designate the time and place for holding the annual elections of directors therein, and appoint two persons to hold the first election, at a time appointed, therefor, who shall give ten days' notice thereof, by printed or written handbills, put up at not less than six public places within said district, at which first election six directors shall be chosen, two for three years, two for two years, and two for one year then next ensuing, and thereafter two directors shall be chosen for three years, at the annual election to be called and held by the president and secretary of the board, at the time or place, and in the manner, in said decree therefor appointed, said election, in all other respects, to be conducted in conformity with the existing school law; and that, in independent districts, established, or hereafter to be es

22. Act May 20, 1857, Sec. 1, P. L. 588. 23. Act May 12, 1897, Sec. 1, P. L. 55.

tablished, by the legislature, without specifying the mode, time or place of electing directors, the first election shall be held at such time and place, within the proper district, as shall be specified by written or printed notices thereof, put up at not less than ten public places therein, signed by not less than five taxable citizens thereof, and giving ten full days' notice of such election, and subsequent elections shall be held at such time and place, annually, as shall be designated by similar notices, signed by the president and secretary of the proper board; said elections, in all other respects, to be held and conducted in the manner in this section before provided.24

Abolition of independent school districts created by the courts of quarter sessions.

926. In all cases where an independent school district has been created by any of the courts of quarter sessions of the peace of this Commonwealth, or by act of assembly, it shall be lawful for the court of quarter sessions of the county in which such independent district is located, upon application to said court of a majority of the taxable citizens resident within the limits of such independent school district, by petition, setting forth that they desire the abolition of said district, to hear and determine the application upon its merits; and if deemed expedient, the said court shall discontinue the said independent district.25

Reversion of Property.

927. If any such independent district be discontinued, as provided in section 1 of this act, the school property of such independent district shall revert to the districts out of which such independent district was originally created, and shall be apportioned among said districts in such manner as is required by existing laws. 26

Application of Act April 22, 1903, P. L. 237.

928. That the provisions of this act shall not apply to independent school districts composed of parts of adjoining counties.27

Repeal.

929. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. 28

Against formation of independent school districts.

930. The law does not favor the erection of independent school districts: Independent School District in Franklin Township, 1 Susqh. Leg. Chron. 75. They are against the general policy of the law, and operate seriously to disarrange the general school organization: Independent School District in Sewickley Township, 33 Pa. 297; Mt. Pleasant Township Independent School District, 10 Pa. C. C. 588. They are not encouraged because exceptional: Hatfield Township School District, 2 Walker 169; Conley vs. School Directors, 32 Pa. 194. Hence it is held that, under the act of May 8, 1855, P. L. 509, as interpreted by the act of May 20, 1857, P. L. 587, "where no natural or other adequate obstacle prevents proper provision in the general common school organization of a township, no independent school district can be created. The existence of such an obstacle is an affirmative, substantive and essential fact in the proceedings; a fact which must appear in order to obtain a deEvery substantive, material and affirmative fact which, by the express language of the statute law, is made indispensable in the proof should be averred or should appear in the record:" Hatfield Township School District, 2 Walker 169; South Abington Township Independent School District, 11 Pa. C. C. 606; Independent School District in Greenwood Towhship, 19 Pa. C. C. 452.29

Liquor license money payable to school districts.

931. In townships where the roads shall be made and repaired by tax payers, under contract with the township, 27. Act April 22, 1903, Sec. 3, P. L. 237.

28. Act April 22, 1903, Sec. 4, P. L. 237.

29. In re Independent School District in Franklin Township, 8 D. R. 370, 1898.

pursuant to the provisions of the act of 12th June, Anno Domini one thousand eight hundred and ninety-three, and its supplements, the proportion of liquor license money by existing laws made payable to such townships, and any and all money derived from same source, now in the hands of the township treasurer, or in the hands of any person or persons for the use of the township or townships, shall be paid, during the time the roads are thus or were made and repaired, to the treasurer of the school district of such township, for school purposes: Provided, That if any such township shall contain one, or more than one, independent school district, the license money due said township shall be divided among all the school districts thereof, every district receiving the proportion of license money that its assessed valuation of taxable property bears to the assessed valuation of such property in the entire township.30

Penalties recovered for trespass upon private property to be paid to school fund.

932. It shall be unlawful for any person wilfully to enter upon any land, within the limits of this Commonwealth, where the owner or owners of said land has caused to be prominently posted upon said land printed notices that the said land is private property, and warning all persons from trespassing thereon, under the penalties provided in this act.31

Fine and penalty.

933. Every person violating the provisions of this act shall be liable to a penalty of not exceeding ten dollars, together with the costs of prosecution, to be recovered before any magistrate or justice of the peace, as fines and penalties are by law recoverable; and in default of payment of said fine and costs, the party convicted shall be committed to the county jail of the proper county, for one day for each dollar of fine imposed.32

Penalties payable to the school fund.

934. All penalties recovered under this act shall be paid to the school fund of the district in which the trespass

was committed. 33