1900. ] OF THE HOUSE OF DELEGATES. 1523

"38. In every school house district in each county, es-
tablished as hereinafter provided, there shall be kept far
at least thirty-two weeks in each year and longer if. pos-
sible, one or more schools, according to population, which
shall be free to all white youths over six and under
twenty-one years of age, arid such schools shall be 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 excep-
tions as may be hereinafter provided; provided, that the
superintendent of schools, trustees or teacher acting un-
der 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 private or
other day school, or if such child has been otherwise in-
structed for a like period of time in the rudimentary
branches of learning required by law to be taught in the
public schools, or has already acquired the rudimentary
branches of learning required by law to be taught in
public schools, of if the physical or mental condition is
such as to render such attendance inexpedient or imprac-
ticable.

"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 rudi-
mentary education is taught, shall be guilty of a misde-
meanor and fined not more than $5 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 having custo-
dy or control of such child, who shall be notified of such
prosecution about to be commenced, shall have an oppor-
tunity to file with the school board a statement under
oath, giving his reason for such alleged wilful prevent-
ion, and the said school board may order such prosecu-