1408 JOURNAL OF PROCEEDINGS [Mar. 27

to follow after section 38, and to be designated, as 'Sec-

tion 38 A. '"

"38. In every school house district in each county, es-
tablished as hereinafter provided, there shall be kept for at
least thirty-two weeks in each year and longer if possi-
ble, one or more schools, according to population, which
shall be free to all white youths over six and under
twenty-one years of age, and such schools shall tie taught
by teachers of competent ability and good morals.

"38 A. Every child between six and twelve years of
age, shall attend some public day school in the town,
city or county in which he resides, during the entire
time the public day school, are in session, subject to
such exceptions as may be hereinafter provided; provid-
ed that the superintendent of schools, trustees or teacher
acting under the authority of said superintendent of
schools or school trustees, may excuse cases of necessary
absence; and provided further, that the attendance of the
child upon a public day school shall not be required, if
such child has attended for a like period of time a priv-
ate or other day school, or if such child has been other-
wise instructed for a like period of time in the rudimen-
tary branches of learning required by law to be taught
in the public schools, or has already acquired the rudi-
mentary branches of learning required by law to be
taught in public schools, or if the physical or mental con-
dition is such as to render such attendance inexpedient
or impracticable.

"Any parent, guardian or other having custody, guar-
dianship or control of any child between the ages of six
and twelve years, who shall wilfully prevent such child
from attending a public school or some school where
rudimentary education is taught, shall be guilty of a
misdemeanor and fined not more than five dollars for each
offense, upon conviction thereof; provided that no one
shall be entitled to commence the prosecution under this

Act except a teacher in a public school, a school trustee
or trustees, member of the school boards, examiner or
other person connected with the public school system of
the State: and provided further, that any such person hav-
ing custody or control of such child, who shall be notified
of such prosecution about to be commenced, shall have
an opportunity to file with the school board a statement