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DESCENT OF PROPERTY. 229

of brothers or sisters, to take the share of the deceased parent equally among them.

4th. When there are none of the foregoing persons to inherit, the property of such deceased person shall go to his next or kin by by blood. Kindred of the whole and half blood, in the same degree, shall inherit equally.

5th. The property of intestates, who have no surviving relative to inherit as above, shall escheat to the treasury of the Nation, to be placed to the credit of the orphan fund.

CHAPTER X.

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AN ACT RELATING TO EDUCATION. -O

ARTICLE I.

RELATING TO EDUCATION.

Sec. 1. For the purpose of maturing and adopting the best possible system of education for the youth of the Nation, and for the purpose of devising the best means for placing a liberal education within the reach, as nearly as possible, of all of the children of the Nation, and enabling those who speak only the Cherokee language, to acquire more readily a practical knowledge and use of the English language, there shall be permanently established a board of education, with such powers as shall bg conferred by law.

Sec. 2. "The board of education shall consist of three persons of liberal literary attainments, and free from immoral or intemperate habits, who shall be nominated by the Principal Chief, and confirmed by the Senate; one shall be appointed for one year, one for two years, and one for three years, and every year after, one member of the board shall be thus appointed for three years.

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Sec. 3. The board shall, as soon as practicable after appointment, proceed to organize, by electing one of their number president, and one secretary, who shall hold their offices during the pleasure of a majority of the board.

Sec. 4. The regular meetings of said board shall be twice a year, but the president may call a meeting at any time deemed necessary.

Sec. 5. The powers and duties of the board shall be as follows: To adopt rules and regulations not inconsistent with the laws of the Cherokee Nation, for its own government and for the government of the seminaries, orphan asylum, and primary schools; to prescribe and enforce rules for the examination of . teachers, and for admission of pupils to the seminaries; to prescribe and enforce courses of study in the seminaries, orphan asylum, and primary schools; to prescribe and enforce a series of uniform text books in all the schools; to grant or revoke, for immoral, internperate or unprofessional conduct, certificates of all grades; to remove or discontinue any primary school which does not maintain a daily average of "thirteen pupils during the winter term, and of fifteen during the summer term." (Dec. 10th, 1880.) To keep a record of its proceedings, and to authenticate its acts by the use of a seal; to make requisition on the executive department for funds as they may be needed for the support of the seminaries and orphan asylum, as hereinafter provided; to appoint teachers for the seminaries, orphan asylum, "and the primary schools,"

(Nov. 28th, 1879) under the regulations adopted by said Board.

Sec. 6. For educational purposes, the Nation shall be divided into three districts, to be known as the first, second and third school districts. The first district shall embrace Coo-wee-skoo-wee, Delaware and Saline; the second, Tahlequah, Going-snake and Flint; the third, Sequoyah, Illinois and Canadian districts.

Sec. 7. The board shall assign one of its members to each of the three school districts, who shall act under instructions of the board.

Sec . 8. The board of education shall have complete supervision and control of the orphan asylum, the male and female seminaries, and of the educational interests of the Nation at large, subject to such restrictions or direction as may be imposed by law.

Sec . 9. All funds needed for the support of the seminaries and orphan asylum shall be drawn directly from the treasury of the Cherokee Nation by warrant of the Principal Chief, based upon the requisition of the board of education, signed by the president and secretary of the board, and shall be accompanied by an itemized estimate, showing the cause and purpose of the expenditure.

Sec. 10. The teachers in the seminaries and orphan asylum, shall be paid by warrant, based upon the certificate of the president and secretary of the board of education. Primary school teachers shall be paid by warrant of the Principal Chief, based upon the certificate of a majority of the board of directors, and approved by the board of education.

Sec. 11. It shall be the duty of the president of the board to preside at all meetings of the board, and he shall have an equal voice with his associates in determining all questions submitted for action of the Board, sign all requisitions for funds, and perform such other duties as may be imposed upon him by law or by the board.

Sec. 12. It shall be the duty of the secretary to keep a correct record of all transactions of the board in a suitable book for the purpose, which book shall be open to inspection to any one who chooses to do so; to report to the Principal Chief on or before the 15th of October in each year, a statement of the condition of all the schools in the Cherokee Nation; to accompany his report with a tabular statement, showing the number of schools in operation—number of children attending the same—the amount of unexpended appropriation, if any; to make estimates of funds required for support of schools for ensuing year, that the National Council may have information upon which to base an appropriation; to furnish blanks necessary to enable teachers and directors to do their duty; when necessary to purchase text books, and distribute the same upon requisition of the teacher, approved by the board of education.

Sec. 13. The board of education shall visit each seminary and the orphan asylum, at least twice a

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