Page images


the compensation of the supervisor and town clerk | tion of Article third, Title second of Chapter fifteen of when thus associated, shall be the same as that of the the First part of the Revised Statutes, are hereby ex. town superintendent.

tended to all cases where a school district shall have No. 25—5 21. Whcnever it may become necessary or been formed at such time previous to the first day of convenient, to form a district out of two or more ad- | January, as not to have allowed a reasonable time to joining towns, the town superintendent of each of such have kept a school therein for the term of three months, adjoining towns, or the major part of them, may form, such district having been formed out of a district or dis. regulate and alter such district.

tricts in which a school shall have been kept for three No. 26– 22. No alteration of any school district, | months, by a teacher duly qualified, during the year made without the consent of the trustees thereof, shall preceding the first day of January (1) take effect until three months after notice, in writing, No. 33— 27. All moneys apportioned by the town su. shall be given by the town superintendent, to some one perintendent, to the trustees of a district, part of a disor more of such trustees.

irict, or separate neighborhood, which shall have re. No. 27-923. In making the apportionment of moneys mained in the hands of the town superintendent for one among the several school districts, no share shall be year after such apportionment, hy reason of the truz. allotted to any district, part of a district, or separate ices neglecting or refusing to receive the same, shall be neighborhood, from which no sufficient annual report added to the moneys next thereafter to be apportioned shall have been received, for the year ending on the last by the town superintendent, and shall be apportioned day of December, immediately preeeding the apportion. and paid there with, in the same manner. ment.

No. 34- 29. In case any school moneys received by No. 97—(a) § 15. In making the apportionment of pub- the town superintendent, can not be apportioned by him, lic money, it shall be the duty of the town superinten. | for the term of two years, after the same are received, dent to designate the respective proportions of teach | by reason of the non-compliance of all the school dis. ers' and library money belonging to each district, and tricts in his town with the provisions of this Title, such to pay over as much as is designated teachers' money, moneys shall be returned by him to the county trea. on the written order of a majority of the trustees of surer, to be by him apportioned and distributed, toge. each district, to the teachers entitled to receive the ther and in the same manner with the moneys next

thereafter to be received by him, for the use of common No. 28—-* 24. No moneys shall be apportioned and paid schools. to any district or part of a district, unless it shall ap No. 35.- 29. It shall be the duty of the town superin. pear by such report, that a school had been kept thereintendent in each town, between the first day of July and for at least four(1) months during the year ending at the first day of August (2) in each year, to make and the date of such report, by a qualified teacher; that no transmit to the county clerk, a report in writing, bear. other than a duly qualified teacher had at any time du-l ing date on the first day of July, in the year of its trans ring the year for more than one month been employed to mission, and stating, teach the schoolin said district; (a)and that all moneys 1. The whole number of school districts and neigh. received during that year, have been applied to the borhoods, se parately set off within the town: payment of the compensation of such teacher: and no 2. The districts, parts of districts, and neighborhoods, portion of the library money shall be apportioned or from which reports shall have been made to him, or his paid to any district or part of a district, unless it shall immediate predecessor in office, within the time limited appear from the last annual report of the trustees, that for that purpose: the library money received at the last preceding appor. 3. The length of time a school shall have been kept in tionment was duly expended according to law, on or each of such districts or parts of districts, distinguish. before the first day of October subsequent to such ap- ing what portion of that time the school shall have been portionment.(a)

kept by qualified teachers. No. 29–25. No part of such moneys shall be appor. 4. The amount of public moneys received in each of tioned or paid to any separate neighborhood, unless it such districts, parts of districts and neighborhoods: shall appear from the report of its irustee, that all mo 5. The number of children taught in each, and the Deys received by him during the year ending at the date number of children over the age of five and under sixof such report, have been faithfully applied, in paying teen years, residing in each: for the instruction of children residing in such neigh 6. The whole amount of moneys received by him, or borhood.

his predecessor in office, during the year ending at the No. 30-1$ 2.) Whenever an apportionment of the pub date of such report, and since the date of the last prelic money shall not be made to any school district, in ceding report; distinguishing the amount received from consequence of any accidental omission to make any the county treasurer, from the town collector, and from report required by law, or to comply with any other, any other and what source. provision of law, or any regulation, the superintendent 7. The manner in which such moneys have been ex. of common schools may direct an apportionment to be pended, and whether any, and what part remains unex. made to such district, according to the equitable cii. i pended, and for what cause. cumstances of the case, to be paid out of the public mo. No. 36–19 2.) It shall be the duty of the town superin. ney on hand; or if the same shall have been distributed, tendent of common schools to state in his annual re. out of the public money to be received in a succeedingport, the amount of money paid for teachers' wages, in gear (2)

addition to the public money paid therefor, in the dig. No. 31–4 26. If after the time when the annual reportstricts, parts of districts and neighborhoods from which are required to be daled, (3), and before the apportion-| reports shall have been received by him or his immedi. ment of the school nioneys shall have been made, a dis: ate predecessor in office, with such other information trict shall be duly altered, or a new district be formed as the superintendent of common schools may from time in the town, so as to render an apportionment founded to require. in relation to the districts and schools with. solely on the annual reports, unjust, as between two or in his town.(3) more districts of the town, the town superintendent No. 37-193.) Town superintendents who neglect to shall make an apportionment among such districts, ac- furnish the information required by the last preceding cording to the number of children in each, over the age section, shall severally forleit to the town, for the use of five and under sixteen years, ascertaining that num- of the common schools therein, the sum of ten dollars, ber by the best evidence in his power.

to be sued for by the supervisor of the town.(3) No. 32-[1.] The provisions of the twenty-sixth sec. No. 38- 30. In case the town superintendent in any

town shall not, on or before the first day of August,(4) in (2) Laws of 1813, ch. 133, 15.

any year, make such report to the clerk of the county, (1) Altered from three to four months, hy chap 237,

it shall be his duty to give immediate notice of such ne. 2, laws of 1839. The following is an extract from thai glect to the clerk of such town. section : "To entitle the several school districts with.

No. 39–4 31. The town superintendent neglecting to in this state to their share of the common school fund

make such report within the limited period, shall forincinding the fund authorized by this act to be distribu: feit to the town, for the use of the common schools ted, it shall be necessary for each school district, after therein, the sum of ten dollars; and the share of school the present year, to maintain a school to be taught by a

moneys apportioned to such town for the ensuing year, qualified teacher for four months instead of three

may, in the discretion of the superintendent of common months, as now required by law, which four months schools, be withheld, and be distributed among the shall be kept by a qualified teacber or teachers, after obtaining, a certificate of competency from the school in. (1) Laws 1831, chap. 206, $ 1. spectors."

(2) Laws 1331, chap. 206, Ø 1. (2) Laws of 1841, char 260, 2.

(3) Laws of 1837, chap. 241, 2 and 3. (3) Amended by Ś 1, ch. 260, laws of 1841.

(4) August inserted by 1 of chap. 308, laws of 1836.

other towns in the same county, from which the neces 2. To attend and to prepare, under his direction, all sary reports shall have been received.

his reports, estimates and apportionments of school
No. 40–$ 32. When the share of school moneys appor money, and to record the same and his other proceed-
tioned to a town, shall thus be lost to the town, by the ings, in a book to be kept for that purpose:
negleet of its town superintendent, the town superin. 3. To receive all such communications as may be di.
tendent guilty of such negleet, shall forfeit to the town rected to him by the superintendent of common schools,
the full amount, with interest, of the moneys so lost. and to dispose of the same in the manner directed there-

No. 41--- 33. It shall be the duty of the supervisor of in:
the town, upon notice of such loss, from the superin 4. To transmit to the clerk of the county, all such
tendent of common schools or county treasurer, to pro reports as may be made for such clerk, by the town su-
secute without delay, in the name of the town, for such perintendent.
forfeiture; and the moneys recovered shall be distribut. 6. To notify the town superintendent, upon receiving
ed and paid by such supervisor to the several districts, || notice from the county clerk that he has not made his
parts of districts, or separate neighborhoods of the annual report, for the purpose of making such report:
town, in the same manner as it would have been the And generally to do and execute all sach things as
duty of the town superintendent to have distributed and belong to his office, and may be required of him by the
paid them, if received from the county treasurer. town superintendent.

No. 42—ý 34. The town superintendent in each town, No. 53-46 31.) Town clerks shall be allowed in their
shall keep'a just and true account of all school moneys accounts for all postages aetaally paid by them on
received and expended by him during the year for which communications from town snperintendent of common
he shall have been chosen, and shall lay the same before schools, or from trustees of school districts; and it
the board of auditors of the accounts of other town offishall be their duty to transmit to the superintendent,
eers at the annual meeting of such board in the same the names of the elerks of the several school districts,

to distribare commanications from the superintendeni No. 43— 36. The town superintendent of common to the clerks of the school districts, and to receive and schools in each town, shall, withir days after transmit to the superintendent such returns and papers the termination of his office, render to his successor in as he shall, by regulation, reqaire to be transmitted by office, a just and true account, in writing, of all school them.(1) moneys by him received, before the time of rendering

ARTICLE FOURTA. such account, and of the manner in which the same of Inspection and Supervision by Town Superintendents. shall have been appropriated and expended by him; and the account so rendered shall be delivered by such suc

No. 5446 44. The town superintendent of common cessor in office to the town clerk, to be filed and record.

schools in each town, shall be the inspector of commor ed in his office.

schools for such town. No. 44–4 36. If, on rendering such account, any bal. No. 55- 45. It shall be dis duty to examine all perance shall be found remaining in the hands of the town sons offering themselves as candidates for teaching superintendent, the same shall immediately be paid by common schools in snch town.(2) him to his successor in office.

No. 57–46. In making such examination, it shall be No. 46–4 37. If such balance, or any part thereof, the duty of the town superintendent to ascertain the shall have been appropriated by the town superinten qualifications of the candidate, in respect to moral chadent to any particular school district, part of a district || racter, learning and ability. or separate neighborhood, and shall remain in his hands No. 58— 47. If he shall be satisfied in respect to the for the use thereof, a statement of such appropriation qualifications of the candidate, he shall deliver to the shall be made in the account so to be rendered, and the persons so examined, a certificate signed by him, in balance paid to such successor in office, shall be paid such form as shall be prescribed by the superintendent over by him, according to such appropriation.

of common schools. No. 46--$ 39. Every town superintendent of common

No. 59--- 48. The town superintendent mayannulany schools, who shall refuse or neglect to render such an such certificate given by him or his predecessors in or. account as is above required, or who shall refuse or fice, , when he shall think proper, giving at least ten neglect to pay over to his successor in office, any bal- / days' previous notice in writing to the teacher holding ance so found in his hands, or to deliver a statement of it, and to the trustees of the district in which he may the appropriation, if any there be, of such balance, be employed, of his intention to annul the same. shall for each offence, forfeit the sum of one hundred No. 60- 49. The town superintendent, whenever he dollars.

shall deem it necessary, may require a re-examination No. 47–6 39. It shall be the duty of such successor in of all or any of the teachers in his towns, for the puroffice, to prosecute without delay, in his name of office, pose of ascertaining their qualifications to continue as for the recovery of such forfeiture, and to distribute such teachers. and pay the moneys recovered, in the same manner as

No. 61-ý 50. The annulling of a certificate shall not other school moneys receiv by him.

disqualify the teacher to whom it was given, until a No. 48––Ø 40. Such successor in office may bring a

note in writing thereof, containing the name of the suit in bis name of office, for the recovery, with inte teacher, and the time when his certificate was annulrest, of any unpaid balance of school moneys, that shall | led, shall be made by the town superintendent, and filed appear to have been in the hands of any previous town

in the office of the town clerk. superintendent on leaving his office, either by the ac

No. 62--$ 51. Where any school district shall be comcounts rendered by such town superintendent, or by posed of a part of two or more towns, or any school other sufficient proof.

house shall stand on the division line of any two towns, No. 49--441. In case of the death of such town super the town superintendent of either town may examine intendent, such suit may be brought against his repre-l into and certify the qualifications of any teacher, offersentatives, and all moneys recovered shall be applieding to teach in such district, in the same manner as is in the same manner as if ihey had been paid over with provided by the preceding sections of this Article; and out suit.

may also in the same manner annul the certificate of No. 504$ 42. The town superintendent of common

such teacher. schools in each town, shall have the powers and privi.

No. 63-S 52. It shall be the duty of the town superinleges of a corporation, so far as'to enable him to take tendent to visit all such common schools, within his and hold any property transferred to him for the use of town, as shall be organized according to law, at least common schools in such town.

once a year, and oftener if he shall deem it necessary. No. 61-196.). The town superintendent of common No. 64–53. At such visitation, the town superinten. schools shall be entitled to receive one dollar and dent shall examine into the state and condition of such twenty-five cents per day for every day actually and schools, both as respects the progress of the scholars in necessarily devoted by him in his official capacity, to learning, and the good order of the schools; and may the service of the town for which he may be chosen, the give his advice and direction to the trustees and teach same to be paid in like manner as other town officers ers of such schools as to the government thereof, and are paid.(1)

the course of studies to be pursued therein. No. 52-6 43. The town clerk, by right of office, shall

ARTICLE FIFTH. be the clerk of the town superintendent of common schools in each town, and it shall be his duty,

of the formation of School Districts, and of the Choice, 1. To receive and keep all reports made to the town

Duties and Powers of their Officers. superintendent from the trustees of school districts, No. 66–55. Whenever any school district shall be and all the books and papers belonging to the town su. perintendent, and to file them in his office:

(1) Laws of 1841, chap. 260, 931. (1) Laws of 1837, chap. 241, 9 b.

(2) Varied by laws of 1841, chap. 260, 06. See next

[merged small][merged small][ocr errors]


formed in any town, it shall be the duty of the town su-hire, or purchase such school house, and to keep in re. perintendent, within twenty days thereafter, to prepare pair and furnish the same with necessary fuel and apa notice in writing, describing such district, and ap- || pendages: pointing a time and place for the first district meeting, 6. To repeal, alter, and modify their proceedings and to deliver such notice to a taxable inhabitant of the from time to time as occasion may require. district.

No. 74(a)--) 12. The trustees of each of the several No. 67—$ 56. It shall be the duty of such inhabitant to school districts next hereafter to be chosen, shall be notify every other inhabitant of the district, qualified to divided by lot into three classes, to be numbered one, vote al district meetings, by reading the notice in the two and three; the term of office of the first class shalí hearing of each such inhabitant, or in case of his ab- be one year, of the second, two, and of the third, three; sence from home, by leaving a copy thereof, or of so and one trustee only shall thereafter annually be electmuch thereof as relates to the time and place of suched, who shall hold his office for three years, and untila meeting, at the place of his abode, at least six days be successor shall be duly elected or appointed. In case fore the time of the meeting.

of a vacancy in the office of either of the trustees, du. No. 69–$ 57. In case such notice shall not be given, ring the period for which he or they shall have been reor the inhabitants of a district shall refuse or neglect spectively elected, the person or persons chosen or apto assemble, or form a district meeting, when so notifi: pointed to fill such vacancy shall hold the office only for ed; or in case any such district, having been formed the unexpired term so becoming vacant. and organized in pursuance of such notice, shall after No. 76--016.) No town superintendent of common wards be dissolved, so that no competent authority schools or supervisor of a town shall be eligible to the shall exist therein, to call a special district meeting office of trustee of a school district, and no person cho. in the manner hereinafter provided; such notice shall sen a trustee can hold the office of district clerk or col. be renewed by the town superintendent, and served in lector.(1) the manner above prescribed.

No. 16-19 10.] The inhabitants of any school district, No. 69–$ 58. Every taxable inhabitant to whom a when lawfully assembled in any district meeting, in notice of a district meeting shall have been properly addition to the powers now conferred, may, with the delivered for service, who shall refuse or neglect to cousent of the town superintendent of common schools serve the notice in the manner above in this arucle en of the town, designale sites for two or more school. joined, shall for every sucb offence forfeit the sum of houses for such district, and lay a tax on the taxable five dollars.

property in such districi, to purchase or lease such No. 70— 19. Whenever any district meeting shall be sites, and to hire, build or purchase such school houses, called, in the manner prescribed in the preceding sec- and to keep in repair and furnish the same with neces. tions of this article, it shall be the duty of the inhabi-sary fuel and appendages; and may also in their discre. tants of the district, qualified to vote at district meet- tion lay a lax not exceeding twenty dollars in any one ings, to assemble together at the time and place men year, to purchase maps, globes, black-boards and other tioned in the notice.

school apparatus.(2) No. 71-10 7.) Every male person of full age, resi No.77-19 6.) The inhabitants of school districts shall ding in any school district, and entitled to hold lands have power, whenever they shall be lawfully assembled in this state, who owns or hires real property in such at ang district meeting, to vote a tax for the purchase district subject to taxation for school purposes, and of a book for the purpose of recording the proceedings every resident of such district authorized to vote at of their respective districts.(3) town meetings of the town in which such district No: 79–962. In each school district an annual meetor part of district is situated, and who has paid anying shall be held at the time and place previously ap. rate-bill for teachers' wages in such district, within pointed; and at the first district meeting, and at each one year preceding, or who owns any personal pro- annual meeting, the time and place of holding the next perty liable to be taxed for school purposes in such annual meeting shall be fixed. district, exceeding fisty dollars in value, exclusive No. 79—1917.) Whenever the time for holding annual of such as is exempt from execution and no others, meetings in a district ior the election of district offi. shall be entitled to vote at any school district meeting cers shall pass without such election being held, a speheld in such district.(1)

cial meeting shall be notified by the clerk of such dis. No. 72–198.) If any person offering to vote at any trict to choose such officers; and if no such notice be school district meeting, shall be challenged as unqualí- given by him or the trustees last elected or appointed, fied by any legal voter in such district, the chairman within iwenty days after such time shall have passed, presiding at such meeting sball require the person so of any inhabitant of such district qualified to vote at dig. fering, to make the following declaration:“I do declare trict meetings, may notify such meeting in the manner and affirm that I am an actual resident of this school provided by law in case of the formation of a new disdistrict, and that I am qualified to vote at this meet. Itrict; and the officers chosen at any such special meet. ing." And every person making such declaration shalling, shal hold their office until the time for holding be permitted to vote on all questions proposed at such the next annual meeting, and all elections of district meeting; but if any person shall refuse to make such officers heretofore had at a special meeting, are heredeclaration, his vote shall be rejected.(1)

by confirmed and declared valid.(4), No. 73–19 9.] Every person who shall wilfully make No. 80-10 4.) When the clerk and all the trustees of a false declaration of his right to vote at a district a school district, shall have removed, or otherwise va. meeting, upon being challenged as herein before provi-cated their office, and where the records of a district ded, shall be deemed guilty of a misdemeanor, and pun. || shall have been destroyed or lost, or where trustees ishable by imprisonment in the county jail for a term neglect or refuse to call meetings to choose trustees, not exceeding one year, nor less than six months, at the superintendent of common schools shall have au. the discretion of the court; and any person voting at thority to order such meetings, and all elections of ang school district meeting without being qualified, district officers, heretofore had at meetings ordered by shall, on conviction, be subject to a fine of ten dollars, the superintendent, are hereby declared to be legal to be sued for and recovered by the trustees of the dis- and valid.(5) trict for its use, and with costs of suit, before any jus-llohe records of a school district, or the omission to de

No. 81-10 18.) When in consequence of the loss of tice of the peace.(1)

No. 74–6 61. The inhabitants so entitled to vote,| signate the day, for its annual meeting, there shall be when so assembled in such district meeting, or when none fixed, or it cannot be ascertained, the last truslawfully assembled at any other district meeting, shall tee of such district may appoint a day for holding the have power, by a majority of the votes of those pre- annual meeting of such district; and all such appointsent,

ments heretofore made by the superintendent of com1. To appoint a moderator for the time being: mon schools are hereby confirmed; and the elections and 2. To adjourn from time to time, as occasion may re-other proceedings had at the meetings so appointed, quire :

are declared valid.(6). 3. To choose a district clerk, three trustees, and one No. 82— 63. A special meeting shall be held in each district collector, at their first meeting, and as often as district whenever called by the trustees; and the pro. such offices, or either of them, become vacated: ceedings of no district meeting, annual or special, shall

4. To designate a site for a district-school house.

5. To lay such tax on the taxable inhabitants of the (a) Laws of 1843, ch. 133, 5 12. district as the meeting shall deem sufficient to purchase (1) Laws of 1841, ch. 260, § 16. (2) Ibid. $ 10. or lease a suitable site for a school-house, and to build, (3) Laws of 1837, ch. 241, 6.

(4) Laws of 1841, ch. 260, $ 17. (1.) Section 60 of original title abrogated, and 97,8 (5) Laws of 1839, ch. 330, 4. and 9 of ch. 260, laws of 1841, substituted.

(6) Laws of 1841, ch. 260, Ø 18.

be held illegal, for want of a due notice to all the per-| appropriated in the payment of expenses incurred in sona qualified to vote thereat, unless it shall appear || procuring a new site, and in removing or erecting a that the omission to give such'notice was wilsul and building or buildings thereon, so far as such appropria. fraudulent.

tion shall be necessary (1) No. 834 64. No tax to be voted by a district meet. No. 92-967. When a new district shall be formed ing for building, hiring or purchasing a school-house from one or more districts, possessed of a school-bouse: shall exceed the sum of four hundred dollars, unless and in cases where any district from which such new the town superintendent of common schools of the district shall be in whole or in part formed, shall be entown in which the school-house is to be situated, shall titled to other property than its school house, then the certify in writing, his opinion that a larger sum ought town superintendent of common schools, at the time of to be raised, and shall specify the sum; in which case, forming such new district, shall ascertain and detes. & sum not exceeding the sum so specified, shall be mine the amount justly due to such new district, from raised.

any district out of which it may have been in whole or No. 84–9 65.—If the town superintendent of common in part formed, as the proportion of such new district schools in any town, shall require in writing, the at. l of the value of the school-house and other property be. tendance of the town superintendents of any other longing to the former district, at the time of such divi. town or towns, at a joint meeting for the purpose of sion. altering a school district formed from their respective No. 93--- 69. Such proportion shall be ascertained, towns, and a major part of the town superintendents according to the taxable property of the inhabitants of notified shall refuse or neglect to attend, the town su the respective parts of such former districi, at the time perintendents attending, by a majority of votes, may of the division, by the best evidence in the power of the call a special district meeting of such district, for the town superintendent; and deduction shall be made purpose of deciding on sueh proposed alteration; and therein for any debts due from the former district. The decision of sach meeting shall be as valid as if No. 94-5. 69. Such proportion when ascertained, made by the town superintendents of all towns inter- || shall be levied, raised and collected, with fees for col. ested, but shall extend no further than to dissolve the lection, by the trustees of the district retaining the district formed from such towns.

school-house or other property of the former district, No. 85-15 1.) Whenever a school-house shall have upon the taxable inhabitants of their district in the been built or purchased for a district, the site of such same manner as if the same had been authorized by a school-bouse shall not be changed, nor the building || vote of their district for the building of a school-bouse; thereon be removed, as long as the district shall re and when collected, shall be paid to the trustees of the main unaltered, unless by the consent, in writing, of new district, to be applied by ihem towards procuring the town superintendents of common schools, of the a school house for their district; and the moneys so town or towns within which such district shall be sit- ll paid to the new district shall be allowed to the credit uated, stating that in their opinion such removal is of the inhabitants who were taken from the former dis. necessary; nor then, unless iwo-thirds of all those trict, in reduction of any tax that may be imposed for present at a special meeting of such district, called for erecting a school-house. that purpose, and qualified to vote therein, shall vote No. 95—[3.) When two or more districts shall be con. for such removal and in favor of such new site.(1) solidated into one, the new district shall succecd to all

No. 86-($ 2.) Such vote shall be taken by ayes and the rights of property possessed by the districts of which noes, and the name of each voter, with the vote that he it shall be composed; and when a district is annulled, shall give, shall be entered by the clerk in the records and portions of it are annexed to other districts, that of such school district.(1.)

district into which the school-house, or its site or any No. 87-15 3.) Every notice of a district meeting call other property of such dissolved district may fall, ed in pursuance of this act shall state the purpose for shall succeed io all the rights of the annulled district which such meeting is called.(1).

in respect to such property, and whenever two or more No. 88—(5 4.) Whenever the site of a school-house districts or parts of districts shall be united and there shall have been changed as herein provided, the inha-shall be more than one school-house in such new or al. bitants of the district entitled to vote, lawfully assem-tered district, the trustees of such district may sell the bled at any district meeting shall have power by a ma. site and buildings thereon, of either or both the schooljority of the votes of those present to direct the sole houses situated in such new district.(2). of the former site or lot, and the buildings thereon, No. 96--[94.) In cases where by the dissolving a dis. and appurtenances, or any part thereof, at such price trict its school house or other property shall be annexe and upon such terms as they shall deem most advant.lled to or included in another district, the town superin. ageous to the district; and any deed duly executed by tendent of common schools, by whose orders such dis. the trustees of such district, or a majority of them, in solution was effected, shall appraise such property in pursuance of such direction, shall be valid and eftectual the manner provided by law in cases of the creation of to pass all the estate or interest of such school district in new districts; and the proportions assigned to the inba. the premises intended to be conveyed thereby, to the bitants of such dissolved district who are not annexed grantee named in such deed; and when a credit shall be to the district which includes the school-house, or other directed to be given upon such sale, for the consideration property, shall be raised by the trustees of such last money, or any part thereof, the trustees are hereby au. mentioned district and paid over to the trustees of the thorized to take in their corporate name, such security district to which such inhabitants are annexed, in the by bond and mortgage, or otherwise for the payment same manner as in case of the creation of a new dis. thereof, as they shall' deem best, and shall hold the trict, and to be applied to the same purpose.(2) same as a corporation, and account therefor to their No. 97-19 5.) When there shall be any moneys in the successors in office and to the district, in the manner hands of the officers, of a district that is or may be an. they are now required by law to account for moneys nulled, or belonging to such district, the town superin. received by them; and the trustees of any such district tendent of common schools of the town may demand, for the time being, may in their name of office, sue for sue for and recover the same, in their name of office, and and recover the moneys due and unpaid upon any secu- shall apportion the same equitably between the districts rity so taken by them or their predecessors in office, to which the several portions of such annulled districi with interest and cost.(1)

may have been annexed, to be held and enjoyed as dis. No. 89--19 6.) All moneys arising from any sale made trict property.(2) in pursuance of the last preceding section, shall be No. 98-9 70. The clerk, trustees, and collector of appropriated to the payment of the expenses incurred each school district, shall hold their respective offices in procuring a new site and in removing or erecting a until the annual meeting of such district next following school-house, or either of them, so far as such applica-l the time of their appointment, and until others shall tion thereof shall be deemed necessary.(2)

be elected in their places. No. 90-19 4.) Whenever the site of the school-house in any school district in this state shall have been le. by the death, refusal

No. 99-—$ 71. In case any such office shall be vacated

to serve, removal out of the gally changed, the trustees of such district shall have district, or incapacity of any such officer, and the vacan. power to sell and convey the former site, and the build cy shall no! be supplied by a district meeting within one ing or buildings thereon, upon such terms as they shall month thereafter, the town superintendent of common deem advantageous to the district.(3) No. 91–155.) The proceeds arising from any sale such district to supply such vacancy:

schools of the town may appoint any person residing in made in pursuance of the preceding section, shall be No. 100- 72. Every person duly chosen or appointed

to any such office, who without sufficient cause,

shall (1) Laws of 1831, ch. 44, and orig. 9 66 repealed. (2) Laws of 1931, ch. 44.

Laws of 1836, chap. 308, \ 5. (a) Ib. 1836, ch. 308, 9 4 and 5.

(2) Laws of 1841, ch. 260, Ø 3, 4 and 5.

[merged small][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

refuse to serve therein, shall forfeit the sum of five dol. cate thereof to the clerk of the district, to be kept on lars; and every person so chosen or appointed, and not file in his office : having refused to accept, who shall neglect to perform 12. To ascertain by examination of the school lists the duties of his office, shall forfeit the sum of ten dol- || kept by such teachers, the number of days for which lars.

each person not so exempted, shall be liable to pay for No. 101–0 73. Any person chosen or appointed to any || instruction, and the amount payable by each person : such office, muy resign the same in the manner provi. 13. To make out a rate bill containing the name of ded in Chapter eleventh, Title third, section thirty- each person so liable, and the amount for wbich he is third of this act; and the acceptance of such resigna- liable, adding thereto five cents on each dollar of the tion shall be a bar to the recovery of either of the pe- sum due from him, for collector's fees; and to annex aalties mentioned in the preceding section. The jus. thereto a warrant for the collection thereof: lices accepting the resignation shall give notice there 14. To deliver such rate bill, with the warrant an. of, to the clerk, or to one of the trustees of the school nexed, to the collector of the district, who shall exedistrict, to which the officer resigning shall belong. cute the same in like manner with other warrants di.

No. 102-974. It shall be the duty of the clerk of each rected to him, by them. school district,

No. 104-19 13.) The trustees of any school district 1. To record the proceedings of his district in a book may exempt any indigent person from the payment of to be provided for ihal purpose by the district, and to the teacher's wages, either in part or wholly, and shall enter therein true copies of all reports made by the certify the whole amount of such exemption in any one trustees of his districi, to the town superintendent of quarter or term, and the same shall be a charge upon common schools :

such district.(1.) 2. To give notice of the time and place for special No. 105.-19 29.) It shall not be necessary for trus. district meetings, when the same shall be called by the lees of school districts to affix their seals to any war. trastees of the district, to each inhabitant of such dis- | rant for the collection of avy tax

or rate bill.(2) trict liable to pay taxes, at least five days before such No. 106-10 30.) Where by reason of the inability to meeting shall be held, in the manner prescribed in the collect any tax or rate-bill, there shall be a deficiency fifty-sixth section of this Title :*

in the amount raised, the inhabitants of the district in 3. To affix a notice in writing of the time and place district meeting, shall direct the raising of a sufficient for any adjourned district meeting, when the same shall sum to supply such deficiency by tax, or the same shall be adjourned for a longer time than one mooth, in at be collected by rate-bill, as the case may require (3) least four of the most public places of such district, at No. 107-10 19.) In making out a tax list, the trustees least five days before ihe time appointed for such'ad- of school districis shall apportion the same on all the journed meeting :

taxable inhabitants of the district or corporations hold. 4. To give the like notice of every annual district ing property therein, according to the valuations of the meeting :

taxable property which shall be owned or possessed by 6. To keep and preserve all records, books and papers: | them at the time of making out such list within such belonging to his office, and to deliver the same to his district, or partly within such district and partly in an successor in office, in the manner and subject to the adjoining district, and upon all real estate lying within penalties provided by law, in relation to the town the boundaries of such district, the owners of which clerk.

shall be non-residents, and which shall be liable to No. 103.- 75. It shall be the duty of the trustees of taxation for town or county purposes and shall be situat. every school district, and they shall have power, ed within three miles of the site of the scbool house in

1. To call special meetings of the inhabitants of such such district. But when it shall be ascertained that districts liable to pay taxes, whenever they shall deem the proportion of any tax upon any lot, tract or parcel it necessary and proper :

not occupied by any inhabitant would not amount to 2. To give notice of special, annual and adjourned fifty cents, the trustees in their discretion may omit meetings in the manner prescribed in the last preceding | snch lot, iract or parcel from the tax list, and sections section, if there be no clerk of the district, or he be seventy-six and seventy-eight of the second Title and absent or incapable of acting :

ti (teenih Chapter of the first Part of the Revised Sta3. To make out a tax list of every district tax, voted Cutes are hereby repealed. by any such meeting, containing the names of all the No. 109-10 20.) When any real estate within a distaxable inhabitants residing in the district at the timetrict, so liable to taxation, shall not be occupied and of making out the list, and the amount of tax payable improved by the owner, his servant or agent and shall by each inhabitant, set opposite to his name:

not be possessed by any tenant, the trustees of any dis4. To annex to such tax list a warrant, directed to trict at the time of making out any tax list by which tbe collector of the district, for the collection of the any tax shall be imposed thereon. shall make and insums in such list mentioned, with five cents on each sert in such tax list a statement and description of every Gollar thereof, for his fees :

such lot, piece or parcel of land so owned by non-resi. 6. To purchase or lease a site for the district school. derts therein, in the same manner as required by law house, as designated by a meeting of the district, and from town assessors in making out the assessment rolls to build, hire or purchase, keep in repair, and furnish of their towns; and if any such lot is known to belong such school-house with necessary fuel and appendages, to an incorporated company the name of such company out of the funds collected and paid to them for such shall be specified, and the value of such lot or piece of purposes :

land shall be set down opposite to such description, 6. To have the custody and sase keeping of the district which value shall be the same that was affixed to such school-house :

lot or piece of land in the last assessment roll of the 7. To contract with and employ all teachers in the town; and if the same was not separately valued in district :

such roll, then it shall be valued in proportion to the 8. To pay the wages of such teachers when qualified, valuation which was affixed in the said assessment roll out of the moneys which shall come into their hands to the whole tract of which such lot or piece shall be a from the commissioners of common schools, so far as part. such moneys shall be sufficient for that purpose; and No. 109-19 21.) If any tax on the real estate of a non. to collect ihe residue of such wages, excepting such resident mentioned in the tax list delivered to the col. sums as may have been collected by the teachers, from lector of any school district shall be unpaid at the time all persons liable therefor:

he is required by law to return his warrant, he shall 9. To divide the public moneys received by them, | deliver to the trustees of such district an account of whenever authorized by a vote of their district, into the laxes so remaining due, containing a description of not exceeding four portions for each year; to assign the lots and pieces of land upon which any taxes were and apply one of such portions to each quarter or terin imposed as the same were stated in his tax list together during which a school shall be kept in such district, for with the amount of the tax assessed on each, and upon the payment of the teacher's wages during such quar- | making oath before any justice of the peace or judge of ter or ierm; and to collect the residue of such wages, | any court of record that the taxes mentioned in such not paid by the proportion of public money allotted for account remain unpaid, and that after diligent efforts that purpose, from the person liable therefor, as above he has been unable to collect the same, he shall be provided :

credited by said trustees with the amount thereof. 10. To exempt from the payment of the wages of teach No. 110–1922.) Whenever the trustees of any school ers, such indigent persons within the district, as they district shall receive such an account of unpaid taxes shall think proper :

from any collector, they shall compare the same with 11. To certity such exemptions and deliver the certifi

(1) Laws of 1841, chap. 260, 13. * See No. 66.

(2) Ibid. Ø 29.

(3) Ibid. 30.

« PreviousContinue »