By the 2d section of chap. 330, Laws of 1841, (Laws relating to Common Schools, No. 22) it is made the duty of the respective boards of supervisors of the several counties in the state, whenever they shall have omitted at their annual meeting, to add to the sums of money to be raised on the towns of their county, an equal sum to that apportioned to such towns by the Superintendent of Common Schools in any year, to "hold a special meeting for the purpose of adding the sum that may be deficient, whenever it can be done in time to allow such deficient sum to be collected with the other taxes of the county; and such special meeting shall be notified by the clerk of the board of supervisors on receiving notice of the deficiency from a majority of the board of supervisors of said county; and in case such deficient sum shall not be directed to be raised at a special meeting, it shall be the duty of the supervisors of such county, at their next annual meeting, to add the amount of such deficiency to the sums to be raised on each of the towns of the county; which, with the fees of collection, shall be levied and collected in the same manner as other moneys directed to be raised in the town, and shall be apportioned among the school districts therein according to law." By $3 of the same act (No. 23) it is made the duty of the clerk of the board of supervisors in each county in this state, on the last day of December in each year, to transmit to the Superintendent of Common Schools, certified copies of all resolutions and proceedings of the board of supervisors of which he is clerk, passed or had during the preceding year, relating to the raising of any money for school or library purposes, and to report particularly the amount of such money directed to be raised in each town of such county; and in case it shall not appear that the amount required by law to be raised for school and library purposes has been directed to be raised during the year by the board of supervisors of any county, the Superintendent of Common Schools and the comptroller are authorized to direct that the money appropriated by the state and apportioned to such county, be withheld until the amount that may be deficient shall be raised, or that so much" only of the money apportioned to such county be paid to the treasurer thereof, as shall be equal to the amount directed to be raised therein by the supervisors of such county; and in such case the balance so withheld is to be added to the principal of the common school fund. The electors of each town, at their annual town meeting, are also authorized "to direct such sum to be raised in such town for the support of common schools for the then ensuing year, as they may deem necessary, but not exceeding a sum equal to the amount required by law to be raised therein for that purpose."-1 R. S. 340. A special meeting may be called for this purpose, when twelve persons eligible as supervisors make application in writing therefor to the town clerk.-Ib. 341, § 7. In addition to the funds thus provided by the general law, a large proportion of the towns are annually in the receipt of local funds, arising from the proceeds of the sales or leases of gospel and school lots belonging to such towns, reserved under an act passed in 1789, by the surveyor-general in the original allotment of townships; from the appropriation of moneys remaining in the hands of the overseer of the poor of towns in those counties in which the distinction between town and county paupers has been abolished, to the support of the schools, by a vote of the inhabitants at their annual town meeting; and in some instances from testamentary bequests and voluntary donations, for the benefit of common schools. In most of the cities of the state, too, as will be seen hereafter, large sums are directed by special acts to be raised for the support of the public schools. The aggregate amount of public money, applicable to school and library purposes, annually apportioned from the state treasury, and raised upon the taxable property of the inhabitants of the different towns and counties in pursuance of law, exclusive of the various local funds, the amounts raised under special acts in cities, and the sum voluntarily raised by the inhabitants of towns, by vote at their annual town meeting, is,... $550,000 Add to this the aggregate amount of the vari ous local funds, 20,000 Sums voluntarily raised by vote of town meeting, 20,000 75,000 Amount of public money from all sources,.. $665,000 CHAPTER II. TOWN SUPERINTENDENTS OF COMMON SCHOOLS. By the first section of chap. 133, Laws of 1843, the offices of Commissioners and Inspectors of common schools were abolished; and by the second section it is provided that "there shall hereafter be annually elected in each of the towns of this state, at the same time and in the same manner that other town officers are chosen, an officer to be denominated "Town Superintendent of Common Schools," who in addition to the powers and duties hereinafter conferred and imposed, shall perform all the duties, and be subject to all the restrictions and liabilities now by law imposed upon commissioners and inspectors of common schools, except as otherwise herein provided. It shall be his duty, within ten days after his election, to execute to the supervisor of his town and file with the town clerk, a bond with one or more sufficient sureties, to be approved of by said supervisor by endorsement over his signature on said bond, in the penalty of double the amount of school money which his town received from all sources during the year preceding that for which he shall have been elected, conditioned for the faithful application and legal disbursement of all the school money coming into his hands. In case such bond shall not be executed and filed within the time herein specified, the office of such Town Superintendent shall be deemed vacant, and such or other vacancy shall be filled in the same manner as vacancies in the office of commissioners of common schools are now by law directed to be filled. Such Town Superintendent shall be entitled to a compensation of one dollar and twenty-five cents for every day necessarily spent in the discharge of the duties of his office, to be audited and allowed as other town charges." By 16' of chap. 260, laws of 1841 (No. 75) Town Superintendents are declared ineligible to the office of trustee of a school district. The spirit of this provision prohibits the same individual from holding these two offices at the same time, whatever may have been the order in which they were conferred. The same remark is applicable to the offices of town supervisor and Superintendent. The various powers and duties appertaining to the office of Town Superintendent, may be arranged under the following heads: 1st. The formation and alteration of districts. 2d. The apportionment and payment of public money. 3d. The inspection and licensing of teachers, and the visitation and supervision of schools. 4th. The making and transmission of their annual reports. 5th. The collection of certain penalties and forfeitures. 6th. Miscellaneous duties under various provisions of law. 1. OF THE FORMATION AND ALTERATION OF SCHOOL DISTRICTS. By the third section of the act of 1843, above referred to, it is provided that "in the erection or alteration of a school district, the trustees of any district to be affected thereby may apply to the supervisor and town clerk to be associated with the Town Superintendent; and their action shall be final unless duly appealed from. The com pensation of the supervisor and town clerk, when thus associated, shall be the same as that of the Town Superintendent." The various remarks under this head will therefore be applicable as well to the action of the town supervisor, superintendent and clerk, when associated together by virtue of this provision, as to that of the Town Superintendent alone; although for the sake of brevity and simplicity the latter only is referred to. It is proper, however, in this connection to advert to the general duties of the town clerk, in his capacity as clerk to the Town Superintendent, independently of the provision above cited. By the 43d section of the school act (No. 43) he is required "to receive and keep all reports |