ing him to enter judgment in behalf of the school district. The employment must be made by the board." President's duties at close of school year. 131. As soon as the schools of any district shall have. closed for the school year, commencing on the first Monday of June preceding, the president of the board of directors or controllers, shall certify, under oath or affirmation, as to the whole number of months the schools in their respective districts have been kept open and in operation, according to law; also that no teacher has been employed for, or had charge of any of the schools of said district, during the year, who had not a valid certificate from the county superintendent, together with the name and post office address of the district treasurer, and shall forward the same to the county superintendent, who shall immediately approve said certificate, if found to be correct, and transmit it to the state superintendent of common schools; if it shall appear, by said certificate, that the schools of the district have been kept open and in operation, according to law, at least seven months subsequent to the first Monday in June preceding, and that no teacher has had charge of any of the schools of the district, during the whole time they have been kept open during the year, who had not a valid certificate from the county superintendent, shall draw his warrant upon the state treasurer for the whole amount which such district is entitled to receive from the annual state appropriation Provided, That the board of directors or controllers, shall, at the same time, forward to the county superintendent a report of the condition of the schools in their respective districts, as directed in the twenty-third section of the act of May eighth, one thousand eight hundred and fifty-four, P. L. 621, supra sec.: And provided, further, That the said certificate and report shall have been transmitted to the superintendent of common schools, on, or before, the fifteenth of July, of the school year succeeding the one for which the certificate and report was made.1 16. Commonwealth vs. Kerr, 25 Pa. C. C. 645, 1902. 17. Act April 17, 1865, sec. 3, P. L. 62, as amended by act April 4, 1899, P. L. 31. President's liability. 132. It is held that the president of a school board acting for the same, or pretending to act for it, in making a contract which the board had no power to make, thereby becomes individually liable thereon. 18 If the president and secretary draw an order without authority, they are guilty of a misdemeanor; and if the board direct an order to be drawn for any other than a legitimate purpose, they subject themselves to indictment.19 The secretary. Duties. Compensation. 133. The secretary shall keep full minutes of all the proceedings of the board, in a book, provided for that purpose, prepare the duplicate of school tax, keep an account of all abatements and exonerations made by the board, prepare, attest and forward to the county superintendent, the annual certificate that the schools have been kept open during the minimum period specified by law, also the annual report of the district, prepare and attest all orders on the treasurer, and do and perform all other acts and duties lawfully pertaining to the office of secretary of the board; and for his services shall receive such compensation as the board may direct." Names and addresses. 134. The names and postoffice addresses of the president, secretary and treasurer, are to be sent upon the organization of the board, at the first meeting after the annual election of directors, by the secretary, to the superintendent of public instruction, at Harrisburg, and also to the county superintendent. Countersign. 135. The secretary is to countersign—that is, officially attest all deeds and contracts of the board, after they have been signed by the president. If the board has a seal, the secretary is to have the custody of it, and is to affix it to all deeds and contracts signed by the president. Monthly reports. 136. The secretary is to receive the monthly reports from the teachers, examine them, and if correct sign them; if not correct he is to have them made so before issuing the monthly order for the teacher's salary. End of the term. 137. At the end of the term, the books of monthly reports are to be deposited with the secretary, and kept by him until the commencement of the next term. Last adjusted valuation. 138. The secretary is to see that the "last adjusted valuation" of taxable persons and property is procured from the county commissioners in time for the making out of the duplicate. Duplicate. 139. The duplicate is to be made out by the secretary under the direction of the board. He is also to countersign it, and keep an account of all exonerations. 140. The "Pennsylvania School Journal" when supplied to each district at the expense of the state, is sent to the secretary, and each copy is to be by him laid before the board at the next meeting after its reception. The file of the Journal, thus received, is also to be preserved and transmitted to his successor in office. Deeds, contracts, etc. 141. The secretary is to keep the deeds, contracts and other valuable papers and documents of the district and transmit them to his successor."1 Required to sign orders. 142. If he refuse to sign an order legally drawn by the president, the board may appoint a secretary pro tem. to do it; and may also remove the secretary from the office of director, for refusing to act in his official capacity.22 May receive a salery. 143. A school director may receive a salary for acting as secretary of the board, notwithstanding section 66 of the criminal code, which does not apply to the secretary of a school board. 23 No extra compensation. 144. He cannot receive for services rendered apart from his office of secretary; as for delivering books to various school houses in the district.24 Treasurer cannot be secretary. 145. The offices of secretary and treasurer cannot properly be filled by the same person.25 Duty of secretary after annual appointment of teachers. 146. Immediately after the annual appointment of teachers of each district, the secretary of the board shall send a written list of their names, and the schools to which they have been respectively appointed, to the proper county superintendent, with a notice of the day upon which the ensuing term of school, in the district, will commence, and the termination thereof, as directed by the board 26 The treasurer. Bond. Powers and duties. 147. The treasurer shall give bond to the president for the use of the district, in such amount and with such securities as shall be approved by the board, for the faithful performance of his duty; he shall receive all state appropriations, district tax, and other funds of the district, and pay thereout all orders of the board signed by the president and attested by the secretary; he shall settle his accounts annually with the directors or controllers, in default of which he shall not be re-appointed; he shall pay over the balance without delay to his successor in office, and generally do and perform all acts and duties lawfully pertaining to his office, as district treasurer, and shall be 23. 24. 25. Commonwealth vs. Mackin, 8 Kulp 176, 1896. 26. Act April 11th, 1862, Sec. 4 P. L. 472. allowed to retain not exceeding two per cent. on the money passing through his hands for his services.27 When to enter office. 148. The treasurer is not to enter upon the duties of his office till his official bond has been presented and approved by the board. Payment of orders. 149. A treasurer has no right to go behind a school order to inquire into the propriety of its amount. If it be for a legal purpose and signed by the president and attested by the secretary, he must promptly pay it, without delay or objection, upon presentation by the rightful holder, in legal currency, or as good current money as he received. If he has no school money in his hands, that cause or refusal to pay should be immediately reported to the directors, who should take prompt measure to obviate the difficulty. Teachers' rights. 150. It is the legal right of teachers and others to have their school orders paid in cash upon presentation to the treasurer without hindrance or delay. Violation of duty of treasurer to purchase school orders. 151. It is a gross violation of duty for a school treasurer to purchase school orders; and if he does it with his own funds when there is money in the treasury, he should be immediately removed from office, and punished for the offence. Orders on the treasurer. 152. Every order should state on its face the purpose for which it was drawn. If it does not, the treasurer is not bound to pay it; or the auditors on the settlement of his accounts may refuse to allow it. Executions. Manner of payment. 153. Executions are to be paid by the treasurer, out of any "unappropriated" funds in his hands, or which shall first come into his hands. "Unappropriated" here means money in the treasury beyond the amount of the orders |