Page:1889 North Dakota Session Laws.pdf/209

 struction and training in the science of education and art of teaching under the provisions of Chapter 47 of the Session Laws of 1887; Provided, further, That all such private universities, colleges or academies shall be entirely non-sectarian in character.

ARTICLE XV.

COMPULSORY ATTENDANCE.

§ 140. SCHOOL AGE-WHO EXEMPT FROM COMPULSORY ATTENDANCE.] Every parent, guardian or other person having control of any child between eight and fourteen years of age, shall be required to send such child to a public school in the district, city, town or village in which he resides, at least twelve weeks in each school year, six weeks of which shall be consecutive; Provided, That such parent, guardian or other person having control of any chıld shall be excused from such duty, by the school board of the district or the board of education of the city, town or village, whenever it shall be shown to their satisfaction that one of the following reasons therefor exists, to-wit:

First. That such child is taught for the same length of time in a private school, approved by such board; but no school shall be approved by such board unless the branches usually taught in the public schools are taught in such school.

Second. That such child has already acquired the branches of learning taught in the public schools.

Third. That such child is in such a physical or mental condition (as declared by a competent physician, if required by the board) as to render such attendance inexpedient or impracticable. If no school be taught the requsite length of time within two and one-half miles of the residence of such child by the nearest road, such attendance shall not be enforced.

§ 141. PENALTY.] Any such parent, guardian or other person failing to comply with the requirements of the foregoing section, shall upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined in a sum not less than five (5) nor more than twenty (20) dollars for the first offense, nor less than ten (10) dollars nor more than fifty (50) dollars for the second and every subsequent offense with costs in each case.

§ 142. NEGLECT OF DUTY, PROSECUTION FOR.] It shall be the duty of the president of the board of education of any city, town or village, or the president of the school board of any district to inquire into all cases of neglect of the duty prescribed in this article, and ascertain from the person neglecting to perform such duty, the reason therefor, if any, and shall forthwith proceed to secure the prosecution of any offense occurring under this article, and any such president neglecting to secure such prosecution for such offense within fifteen days after a written notice has been served by any tax payer in said city, town, or village or district, unless such person so complained of shall be excused by the 15