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for signing a false report, with intent to procure a greater share of public money than the just proportion of their district. § 96, (No. 145.)

2. Report, what to contain.

In addition to the particulars required by § 92, (No. 137.) trustees are, by § 1 of chap. 241, laws of 1837, (No. 138,) to state the amount of money paid for teachers' wages, in addition to the public money received from the commissioners.

tendent, by the same section, they are also hereby reBy virtue of the authority conferred on the superinquired, hereafter to state in their annual reports,

1. The number of books belonging to their district library on the last day of December in each year:

There will still remain $3.10 of the amount due the teacher for his wages, being the amount of exemptions by the trustees; and this sum must be levied by tax on all the taxable inhabitants of the district and corporations holding property therein, in the same manner as though such amount had been actually voted by the dis2. The number of times the school in their district trict to be raised. If the teacher can wait upon the dis- has been inspected and visited by the superintendent, trict, or the trustees choose to advance the money in its and the number of times such school has been inspectbehalf, the amount may be added to the next tax thated by the town superintendent during the year remay be voted for district purposes. It should, howev-ported: er, be assessed within a reasonable time; and wherever the amount of exemptions is sufficient to warrant an immediate assessment, it should at once be levied.The trustees must exercise a sound discretion in this

respect, with reference to the amount to be raised, and the probability of an early opportunity to add it to some district tax.

Any inhabitant of the district liable for the payment of teachers' wages, may pay his proportion to the teacher, at any time before the rate bill is actually made out; and such payment exempts him, to the extent so paid from the operation of the rate bill. The language of the 8th subdivision of § 12, (No. 103,) recognizes the right of collection on the part of the teacher; although, as before remarked, its exercise is, as a general rule, inexpedient. Where any portion of his bill is thus collected by the teacher, notice of the amount, and the name of the inhabitant paying it, should be given to the trustees at the time of furuishing them with the list of pupils; and the amount so paid must be allowed to the credit of the person paying it. But the whole sum for which the rate bill and preliminary assessment is made out, is not to be varied by the fact of such payment; eredit only is to be given for the advance to the teacher in the rate bill; as otherwise, by diminishing the sum to be raised by the amount so paid, a double assessment on the person paying, would be the consequence.

VI. Annual Reports of Trustees.

3. The names of the several school books in use in the school in their district during such year:

4. The number of pupils who have attended the school in said district for a term less than two months, during the said year; the number attending two and less than four months; the number attending four and less than six months; the number attending six and less than eight months; the number attending eight and less than ten months; the number attending ten and less than twelve months; and the number attending twelve

months:

5. The number of select and private schools in their district, other than incorporated seminaries, and the preceding year: average number of pupils attending them during the

6. The number of colored children between the ages established in the district, and instructed therein at of 5 and 16 years, attending any school for such children least four months by a teacher duly licensed, specifying the number attending from different districts, designating such districts, and the number from each, the amount of public money received from the commissioners for such schools during the year ending with the date of their report, and the amount paid for the compensation of such teacher, over and above the public money so received.

One of the most important items in the annual report of trustees, is the number of children residing in the district between the ages of five and 16, as it affords the

1. When Annual Reports of Trustees are to be most sure and practical test of the progress of primary

made.

The statute, 91, (No. 136,) requires that trustees shall make their annual reports on or before the 1st of March in each year. The report includes the transactions of the year ending the last day of the preceding December. As they have two months to make their report, there is no excuse for deferring it beyond the first of March. If the trustees make their reports at an early day, the town sup't will have time to examine them and return them for correction, when found defective.

If a report does not show a compliance with the law, the town sup't can not apportion to the district a share of the school moneys; and if the presentation of the report is delayed until the day of the apportionment, no time will be left for returning it to the trustees, and the district will lose its public money, leaving only the remote contingency of showing a case, which will justify the Superintendent of Common Schools in allowing the loss to be made up at the next year's apportionment. Even if his interposition is obtained, great inconvenience and embarrassment are inevitable through the loss of the public money one year, and the receipt of a double portion the next.

When trustees go out of office between the last of December and the first of March, they should promptly make out their report before the expiration of the term of office, and deliver it to their successors. This will save them and their successors much trouble, and will much facilitate their receipt of the public money.

By6, of the act of 1839, (No. 166,) trustees of school districts will perceive that a penalty of ten dollars is imposed for refusing or wilfully, neglecting to make any report or to perform any other duty required by law or by the regulations or decisions of the superintendent, made under the authority of any statute; and they are referred to the foregoing instructions to supervisors for the views of the superintendent respecting the execution of this provision. They are also liable to a penalty of 825, and to be deemed guilty of a misdemeanor,

education. There is reason to believe, as has been heretofore remarked, in the instructions to commis sioners (see page 116 ante,) that the reports have been very inaccurate in this respect. Some difficulty has, it is true, been experienced in determining with the requisite precision, the children proper to be included within the boundaries of the several districts; but the specific provisions of the late act, § 34, (No. 140,) will, it is believed, remove every difficulty of this kind. By that section it is required that the reports shall include all children over 5 and under 16, who, at the date of the report, are actually in the district, composing part of the family of their employers, &c. residing at the time in the district, although such residence, that is, of the employers, parents, &c. be temporary. But children belonging to the family of a person who is an inhabitant of another district, are not to be included. If, therefore, a person who is not an inhabitant of some other district, resides temporarily in a given district, all the children belonging to his family are to be reported.The law embraces a class of persons who were not before enumerated in any district :-those whose parents or employers had not gained a residence in the State

VII. Trustees accounting to their Successors, paying over balances and delivering papers to them.

When the term of office of the trustees expires, after the annual distribution is made, and before the first day of January, their successors are often put to great and unnecessary trouble to obtain the information indispensable to enable them to make their annual reports. They are, by law, [section 98, No. 148,] required to ren der an account, in writing, "of all moneys received, and the manner in which the same was expended." Even this is too often neglected, and the succeeding trustees are unable to state that the public money has been applied to a qualified teacher, and of course the district loses its money. Trustees guilty of such ne

glect, not only subject themselves to a penalty of ten of their term of office, and to apply the money recoverdollars, but are liable also, individually, for the amounted to the use and benefit of their school; and by § 102, of money thereby lost to the district. As they are now (No. 152,) in connection with § 40, (No 48,) they are required, by § 11 of the act of 1841, (see No. 122,) to keep authorized to prosecute for any unpaid balance in the a book in which they are to enter all moneys received hands of a former trustee, or his representatives, and and paid by them, and all moveable property belonging directed to apply the amount recovered to the use of the to the district, there can be no difficulty in complying district, in the same manner as if they had been paid without suit. with the law respecting the rendering their accounts.

But the rendering of full accounts of money received and expended, is not sufficient to enable succeeding trustees to perform their duties, or to make out their reports. They cannot collect money that may be due a teacher, without knowing what scholars have attended the school, and how many days. They cannot raise the means of paying for fuel or other lawful expenses, without knowing what expenses have been incurred, and remain unpaid. To reach this evil, the following regulation is hereby established:

By 109, (No. 159,) they are also authorized to prosecute for the recovery, with interest and costs, of all forfeitures incurred by a collector, and unpaid balances in his hands. and to apply the moneys recovered in the same manner as if paid without suit.

By 9, of the act of 1841, (No. 73,) trustees are to prosecute for the recovery of the fine of ten dollars, with costs of suit, imposed upon any inhabitant voting at any school district meeting without being qualified. 2. Suits against Trustees.

Whenever trustees of school districts go out of office, It is conceived that an essential service may be renthey shall, in addition to the account they are required by law to render to their successors, furnish them with, dered to officers connected with common schools, by 1. A written statement of all contracts entered into informing them of some general principles to show the by them, remaining unpaid, in whole or in part, whe-extent of their liability to suits by individuals. Officers required by law to exercise their judgments ther made with teachers or any other person, the are not answerable for mistakes of law, or mere errors amount paid by them on such contracts, and the sum of judgment, without any fraud or malice Jenkins vs. remaining due: Waldron, 11th Johnson's Reports, 114.

2. If there be any sum due from parents, or for which A public officer who is required by law to act in certhey are liable for the tuition of their children, the trustees shall furnish their successors a list of the tain cases, according to his judgment or opinion, and scholars who attended school during the time such lia- subject to penalties for his neglect, is not liable to a bility accrued, and the number of days they respective-party for an omission arising from a mistake, or want of skill, if acting in good faith. Seaman vs. Patten, 2nd ly attended:

3. Unless they go out of office on the 1st day of Janu-Caine's Reports, 312. ary in any year, they shall also furnish their successors with a written statement of the time a school has been kept in the district since the 1st of January, by a teacher who has received the certificate required by law, naming such teacher:

But an officer entrusted by the common law or by statute is liable to an action for negligence in the performance of his trust, or for fraud or neglect in the execution of his office. Jenner vs. Joliffe, 9 John. Rep. 381. And an officer who commands an act to be done by issuing a warrant or other process, if he act without jurisdiction of the subject matter, or of the person, is liable as a trespasser. Horton vs. Auchmordy, 7 Wendell, 200. But if he have jurisdiction, errors in judg

4. And whenever they go out of office during a term of the school not then ended, they shall furnish a similar statement, of the time a school has been kept, by whom, and the names of the scholars attending during such term, with the number of days of their attendancement do not subject him to action. respectively:

See Butler vs. Potter, 17

Mere irregularities in proceedings will not render an 5. They are also to deliver over the book of "Com- officer, having discretionary powers or acting as a mon School Decisions and Laws," the instructions and judge, liable to a civil suit. There is a large class of Circulars they may have received from the superinten-cases, in which the remedy is only by plea to the prodent, the catalogue of the district library, and all other ceedings or by writ of error. papers and documents relating to their office, and they Johns. 145, and Griffin vs. Mitchell, 2 Cowen's Rep. 548. The collector or other officer who executes process, are to furnish all information to their successors, as to has peculiar protection. He is protected, although the any official act or duty, that may be required by them. court or officer issuing such process, have not, in fact, jurisdiction of the case; if on the face of the process it appears that such court or officer had jurisdiction of the subject matter, and nothing appears in such process to apprise the officer but that there was jurisdiction of the person of the party affected by the process. Savacool vs. Boughton, 5 Wendell's Reports, 170.

VIII. Suits by and against Trustees. 1. Suits by Trustees.

By 4, of chap. 44, laws of 1831, (No. 88,) trustees are authorized to sue for and recover the moneys due upon any security taken by them, or their predecessors in office, on the sale of the school-house and site of their district, in the cases provided for by that section, with interest and costs.

By 87, R. S. (No. 126,) the trustees are authorized to sue for and recover the value of, or amount paid for, the proportion of fuel which any inhabitant of the district shall neglect to provide, on notice, together with costs of suit.

By $89, (No. 133,) trustees are athorized to prosecute for the amount due on a tax list or rate bill, against non-residents of their district, where no goods or chattels can be found in the district whereon to levy.

By 90, (No 135,) they are directed, in case the moneys apportioned to their district are withheld, to prosecute for the recovery thereof, with interest, against the officer in whose hands the same shall be, or to pursue such other remedy for the recovery thereof as is or shall be given by law. This provision, it is supposed, is applicable only to cases of illegal detention in the hands of the town superintendent, of money apportioned to a district, and not to the withholding of such money in consequence of the discovery of some illegality or informality in the reports from the districts. Where the right of the district to its share is incontestible, and the amount is still withheld for any reason, the trustees are directed to prosecute; and the proper remedy in such a case, would be an action of assumpsit for money had and received to the use of the district against such town superintendent.

By 101, (No. 151,) trustees are directed to prosecute their predecessors for the recovery of the forfeiture of $25, incurred by a refusal or neglect to account, or to pay over any balance due from them, on the expiration

A contract made by all the trustees, and signed by two, is binding; and where a contract is signed, or a warrant issued, by two trustees, the presence of the third will be presumed until the contrary be shown Two trustees can contract against the will of the third, if he was duly notified of a meeting of the trustees, or was consulted and refused to act. McCoy vs. Courtree, 9 Wendell, 17.

Where a district votes a tax to purchase a new site and build a school-house thereon, where the consent of the town superintendent had not been obtained for a change of the site, (the district not being an altered one,) the trustees are liable in trespass for making out a tax list and issuing a warrant for the collection of such tax, on the ground that the district had no authority to Baker vs. Freeman, 9 Wendell, 36. vote such tax. Trustees are not liable as trespassers for omitting to insert the names of all the taxable inhabitants in the tax list, where there is no evidence of bad faith on their part. Easton vs. Calendar, 11 Wendell, 90.

Subordinate tribunals are not liable as trespassers for acts done growing out of an error of judgment. Ib.

Trustees are liable in trespass for making out their tax list upon any other basis than the last assessment roll of the town, after it has been reviewed and finally settled by the assessors. Alexander vs. Hoyt, 7 Wen. 89.

Inhabitants of a district must vote a precise and definite sum as a tax for building a school-house, or any other purpose, and trustees will not be authorized to issue their warrant to levy a tax under a general vote. Robinson vs. Dodge, 18 Johns. 351.

Trustees in office are liable on the contracts of their predecessors for the employment of teachers, personal"Îy, because they have the means of indemnifying them

selves, and those who made the contract are not liable after the expiration of their term of office. Silver vs. Cumming, 7 Wendell, 191.

The court intimate a distinction between those cases where the trustees are not to act unless money is previ ously raised, and those where it is to be collected subsequent to the performance of the work. In the first class of cases they are not to incur responsibilities beyond the means in their possession; they render themselves personally responsible, and their successors are not holden. The first class of cases would seem to in clude those only which are specified in sub. 5, of $75, (No. 103,) and those in which blank books, maps, globes, black boards, and other school apparatus may be procured by means of a previous tax. In these cases successors are supposed not to be liable, unless money comes into their hands for the purpose.

In all other cases, it is supposed successors are liable on the contracts of their predecessors.

faithful disbursement. One has as much right to its custody as another. The simple fact, therefore, that public money has been received by one and misapplied, cannot in itself render the others liable.

It would seem that there should be some act of omission or commission on the part of the others to render them liable for the misconduct of their associate; and here the following rule seems better adapted to the

case:

3. If one trustee wrongfully suffer the other to detain the trust money a long time in his own hands without security, or should lend it to him on his simple note, or should join with the other in lending it on insufficient security, in all such cases he would be held liable for any loss. Of course, a trustee who has connived at or been privy to an embezzlement of the trust money would be liable. And if it be mutually agreed between them that one shall have the exclusive management of one part of the trust property, and the other of another

It is quite important to trustees to know that the de-part, both would be liable for the acts of each. cisions of this department have been, uniformly, that their costs in any suit cannot be paid by a vote of the district to levy a tax for that purpose; as the only purposes for which a tax can be voted are specified in the statutes, and this is not among them.

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Considering the equal rights and powers of each trustee, that the law has made no provision for requiring security from them, and the gross injustice of making an officer responsible for the misconduct of an associate over whom he has no control, they ought not to be held liable for each other's acts, unless there be some evidence of participation or connivance, like those spe-cified in the third class of cases above mentioned.

1. Schools for Colored Children.

By 15, of the act of 1841, (No. 168,) a school for colored children may be established in any district, with the approbation of the town superintendent, which is to be under the charge of the trustees of the district in which such school is established. Trustees in their an

By section 108, of Title 4, Ch. 8, Part 3, Rev. Stat. p. 476, vol. 2, 1st edition, [§ 112, p. 390, 2d edition. vol. 2, it is provided that in suits against trustees of school districts, and other officers, "the debt, damages or costs recovered against them, shall be collected in the same manner as against individuals; and the amount so collected shall be allowed to them in their official ac-1 counts.' It is presumed that this provision does not relate to actions for personal delinquencies, but to those only which arise out of an official duty. As the recoveries are to be allowed them in their accounts," it is implied that they may retain the amount of mo-nual reports are also required particularly to specify neys in their hands, and set off the sums recovered. But this cannot apply to the public school moneys paid to them for the purpose of employing teachers, as those moneys are specifically appropriated by law to that purpose, and cannot be diverted to any other.

The provision of § 33, of the act 1841, (No. 167,) abundantly protects trustees, and all other officers from costs, in cases where they act in good faith; especially as they have now the means of correcting any error in any tax list or rate bill, by application to the superintendent.

the number of such children over five and under sixteen years of age attending such school from different districts, naming such districts respectively, and the number from each attending for four months, and instructed by a duly qualified teacher, which report is to form the basis of an apportionment to such school, of a share of the public money.

The provisions contained in this section are more particularly applicable to those cities and large villages where no special legal provisions have been made for the instruction of colored children. The means providQuestions respecting the liability of trustees for their ed, are, it is true, altogether insufficient to meet the joint acts, and for the acts of each other, are frequent-expense which must necessarily be incurred in the orly presented. It becomes proper to state the grounds ganization of these schools; and inasmuch as the class and limits of their responsibility in this respect, that of community for whose special benefit they are intendthey may be better enabled to guard against its conse-ed are generally unable to contribute to such expense, quences.

The object being to secure fidelity to the trust and to prevent negligence and fraud, the rules which govern in the cases of executors, guardians and other private trustees, must be applicable to officers holding a similar fiduciary relation to the public, and therefore the principles which have been settled in those cases by the courts, will be the guide in determining the extent of their liability.

The general rule, as laid down by an eminent jurist, (Story on Equity Jurisprudence,) and sustained by the adjudged cases, is, that joint trustees are responsible only for their own acts, and not for the acts of each other, unless they have made some agreement by which they have expressly agreed to be bound for each other; or have, by their voluntary co-operation or connivance, enabled the other to accomplish an object in violation of the trust This rule is exemplified in the following

eases:

1. Where money has been received jointly, all are in general liable for its application, and a joint receipt is presumptive evidence of the fact that it came to the hands of all; but either may show that his joining in the receipt was formal or necessary, and that the whole of the money was in fact received by his companions. And if it was misapplied before there was a reasonable opportunity to control it, he would not be responsible. 2. When by any positive act, direction or agreement of one joint trustee, the money is paid over and comes to the hands of the others, when it might and should have been otherwise controlled or secured by both, then each will be chargeable for the whole.

There is great difficulty in applying this rule to the case of trustees of common schools. The money for distribution cannot be in the hands of more than one; there are ordinarily no means of insuring a control over it by all, by depositing it in a bank or other place of security, and I know of no authority by which any two trustees could require the third to give security for its"

in any considerable degree, the object in view can sel-
dom be fully attained, but through the efforts of chari-
table and benevolent individuals in the several districts,
from which the colored schools are composed. These
efforts have hitherto been paralyzed from the absence
of any legal power to effect the necessary organization;
and the provision now made was, doubtless, intended
to supply that defect, and to furnish a nucleus around
which the benevolent exertions of the friends of educa-
tion and humanity might be concentrated. If, however,
in any of the country districts, a colored school can be
organized and efficiently kept up for the requisite length
of time, it is hoped no efforts will be spared to carry
Colored chil-
into effect the provisions of the section.
dren are entitled equally with all others, to the privi-
leges and advantages of the district school: and wherev
er they can be grouped together in a separate school,
under the charge of a competent teacher, they will be
far more likely to derive the full benefits of such in-
struction as may be best adapted to their circumstances
and condition, while at the same time, the disadvant-
ages inseparable from their attendance at the district
school, will be avoided.

2. Bond to be required of the Collector. Trustees are authorized by § 106, (No. 156,) to require of the collector of their district, before delivering to him any warrant for the collection of moneys, to execute a bond to them, in their corporate name, with one or more sureties, to be approved by one or more of their number, in double the amount to be collected, conditioned for the due and faithful execution of the duties of his office and in case any collector shall not execute such bond within the time allowed him by the trus tees for that purpuse, which shall not be less than ten days, his office is vacated, and the trustees are authorized to appoint any other person residing in the district as collector in his place."

OF THE STATE OF NEW-YORK.

Form of a bond to be given by a district Col

lector.

INSTRUCTIONS TO TEACHERS.

By 11, of the act of 1841, (No. 122,) the trustees of Know all men by these presents, that we, A. B. and each district are to provide a book, in which the teachC. D. (the collector and his surety,) are held and firm-ers are to enter the names of the scholars attending ly bound to E. F. and G. H. &c. trustees of school dis- school, and the number of days they shall have respecin the sum of tively attended, and also the number of times the school in the town of trict number This list is to be verified by the oath of the (here insert a sum double the amount to be collected,) has been inspected by the county and town superintento be paid to the said E. F., G. H. &c. trustees as afore- dent. said, or to the survivor or survivors of them, or their teacher. successors: to the which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with day of our seals, and dated this

&c.

18

Whereas the above bounden A. B. has been chosen (or appointed, as the case may be,) collector of the above in the town of mentioned school district number in conformity to the statutes relating to common schools; now, therefore, the condition of this obligation is such that if he the said A. B. shall well and truly collect and pay over the moneys assessed upon the taxable inhabitants of said district, in a rate bill or day of tax list [as the case may be,] dated the and this day received by the said collector, which asdollars and sessment amounts to a total sum of cents, and shall in all respects duly and faithfully execute the said warrant, and all the duties of his office as collector of such district, then this obligation shall be void, otherwise to be in full force and virtue. A. B. [L. S. Signed, sealed and delivered, C. D. [L. S. in the presence of

The strict and faithful performance of this duty is
highly important, not only to the district but to the
be made out, and by which the sums to be paid by pa-
teacher. It is the basis upon which the rate bills are to
rents are to be ascertained. Error in these lists will
therefore produce injustice. It has been held by this
department, that the teacher is not entitled to call on
the trustees for his wages, unless he furnishes them an
Hence the
accurate list of scholars, on which they can prepare
the rate-bills, and issue their warrant.
teacher has a direct personal interest in the preserva-
tion of an accurate list, which he can verify by his
For the purpose of executing this provision, the teach-
oath.
er will write the following heading or caption, in his
book, at the commencement of each quarter:
A list of the scholars who attended the District School
during the
in the town of
day of
of District No.
and the number of days they respectively at
quarter or term commencing the
tended the same.
184

,

Time of entrance.

3. Applications to the Superintendent for school
or library money withheld by town superinten- ||No. 1, 1841,-
dents.

may

Dec. 1, Dec. 4, be There are two classes of cases in which relief sought for the refusal of town superintedents, to apportion or pay over public money to a district.

1st. Where it is supposed the decision of the town superintendent is erroneous upon some question of fact, or some principle of law. In such cases the remedy is by appeal to the county Superintendent in the manner prescribed by the regulations concerning appeals. The interest of the district, as well as of other districts, requires that the proceedings should be prompt, as an appeal stays further action by the town superintendent. 2d. Where there has been any accidental omission to comply with any provision of law, or any regulation of the Superintendent, in consequence of which an apportionment of public money has not been made. In such cases a general authority is given by § 2 of the act of 1841, (No. 30,) to cause the apportionment to be made, and a similar authority is given in relation to library money by the last clause of § 6 of the act of 1839, (No. 185.)

These provisions are intended only for the cases of accidental and unintentional omissions, and the authority given by them will not be exercised where there is a wilful disobedience of law or a perverse and intended violation of any regulation.

Applications for relief in this class of cases must be made as soon as the omission is discovered, in order to prevent the inconvenience of correcting the apportionment after it has been acted upon; and any unnecessary delay will in itself form a strong ground of declining to grant the relief desired.

The facts and circumstances on which the applica, tion is founded, must be verified by affidavit, and a copy should be served on the town superintendent, and his concurrence in the statement of the facts should, if possible, be obtained.

Whenever the money to which such an application refers, remains in the hands of the town superintendent at the time he receives notice of the application, he should retain it, subject to the order of the Superintendent. The inconvenience of a second distribution in the event of an application being denied, is not sufficient to counterbalance that of a district being deprived for a year of its portion of public money.

But town superintendents should recollect that neither the provisions referred to, nor any others, authorize them to exercise any discretion whatever in such cases. Their duty is simply to execute the law. If the neces sary reports are not made at the proper time, or do not contain all that is required by law or by regulations, they cannot make any apportionments or pay any money upon them. Their duty is to refer the case to the Superintendent, and suspend any action on their part in relation to the share of money affected by the omission, until his directions are received.

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Name of
Scholar.

No. of days'
attendance.

John Thompson, Seventy-eight, 78 days.
Peter Barker,... Forty-three,
James Thomas, Forty,

437
26
40

At the time any pupil enters the schools, the teacher should immediately insert the date and the name of the scholar. At the close of the quarter the whole number of days that each pupil attended. is to be ascertained from the check roll, and entered in the third column, in words at length, and also in figures, as in the above form.

Each teacher at the commencement of every quarter must provide a day or check roll, in which the name of every scholar is to be entered. It should be ruled so as to give six columns. corresponding to the number of days in the week. The number attending should be ascertained each half day, and pencil marks made in the column for the day opposite to the name of each one present. At the end of the week, the number of days each pupil has attended during the week, should be summed up and entered on the weekly roll. Each half day's attendance should be noted; and two half days should be reckoned as one day. The pencil marks on the day roll may be obliterated, so that the same roll may be used during the quarter. The weekly roll should be formed in the same manner, so as to contain the names of the pupils, and thirteen columns ruled, corresponding to the number of weeks in the quarter. In each of these columns is to be entered the result of the daily check roll for each week, in the following form: Weekly Roll.

Attendance of pupils in District School of District No.

Names of pupils.

3rd
2nd
1st
week. week. week.

4th 5th week week.

John Thompson, 6 days. 4 days. 5 days. 6 days. 51 dys
At the end of the quarter the teacher will sum up the
attendances of each pupil from this weekly roll, and
enter the result in the book provided by the trustees as
before mentioned, showing the whole number of days
each scholar has attended during the quarter.
At the end of the list the following oath or affirmation
is to be written:

A. B. being duly sworn, (or affirmed,) deposes that
the foregoing is a true and accurate list of the names of
in the town of
day of
the scholars who attended the District School of Dis-
trict No.
184 and the number of days they respectively attend-
during the quarter commencing the
ed.

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This oath or affirmation is to be signed by the teacher, and certified by a justice of the peace, commission

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Of scholars who attended two months and less than four, Form of Notice for an adjourned District

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This abstract is to livered to the trustees.

four months and less than six,
six months and less than eight,
eight months and less than ten,
ten months and less than twelve,
twelve months,

be signed by the teacher and de

In another part of the book provided by the trustees, and towards the end of it, the teacher will enter the days on which the school has been inspected, in the form of a memorandum as follows:

Account of Inspections of the School in District
No.

November 1, 1841. The school was inspected by the County Superintendent, and by William Jones, town superintendent.

December 1, 1841. The school was inspected by the County Superintendent alone.

To this also, an oath or affirmation of the correctness must be added in the following form:

A. B. being duly sworn, (or affirmed,) deposes that the foregoing is a true account of the days on which the school in District No. in the town of

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visited and inspected by the connty and town superinSendents respectively, during the quarter commencing

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The general duties of this officer are particularly speeified in § 74, (No 102.) He is to keep in a book, to be provided by the district, a record of the proceedings of each annual and special meeting held in his district; to give notice of the time, place and object of such meetings in the manner prescribed by law; and to preserve all records, books and papers relating to the district, and deliver the same, on the expiration of his official term, to his successor.

By 18 of the laws of 1841, (No. 79,) he is to notify a special meeting for the election of officers, whenever the time for holding the annual meeting has passed, without such election being held; and generally it is his duty to give the necessary legal notices of a district meeting, whenever required to do so by a majority of the trustees. The purpose and object of such meetings should in all cases be set forth in general terms; and this is specially required by law when a meeting is called for the purpose of changing the site and removing the school house in an unaltered district. [See Nos. 95, 96, and 87.] And also when a tax is to be levied for the purchase of books for a district library. [See No. 175.]

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at o'clock in the noon of that day, for the purpose of [choosing a collector in the place of A. B. removed, or whatever the object of the meeting may be, and for the transaction of such other business as the meeting may deem necessary.

You will therefore notify each inhabitant of the dishis hearing, or if he is absent from home, by leaving a trict entitled to vote therein, by reading this notice in copy of it, or so much as relates to the time and place of meeting, at the place of his abode, at least five days before such meeting. Dated at this 18 day of

A. B
C. D. Trustees.
&c.

The district clerk of each school district in the State, is hereby required within ten days after each annual or special meeting for the election of officers in his district, to forward to the town clerk the names of the several officers elected at such meeting, and the offices to which they were respectively elected.

In pursuance of section thirty-second, of the act of 1841, (No. 169,) the District School Journal will hereafter be forwarded by mail, for the clerk of each district, by the No of said district, whose duty it is, by that section, to cause each volume to be bound at the expense of the district, and to deposite the same in the District Library. He or one of the trustees is therefore bound to take the paper from the post-office, punctually, paying the postage, quarterly in advance: and the amount so paid, being an expenditure authorized by law, may be added by the trustees to any tax list thereafter made out for district purposes, and refunded to the clerk, or trustee paying it. Great care should be taken to secure the regular receipt, and careful preservation of the numbers, which will be sent on the first of each month; and with this view, the clerk should stitch them together in covers, as soon as they arrive; and in By $ 63, (No. 92,) it is declared that "the proceedings no case permit them to be taken out of his custody, alof no district meeting, annual or special, shall be held though any inhabitant of the district should be allowed illegal for want of a due notice to all the persons quali- free access to them, for the purpose of perusal, at all fied to vote thereat, unless it shall appear that the proper hours. The same precautions should be observ @mission to give such notice was wilful and fraudu- ed, and the same freedom of access and perusal allowlent." But this provision will not exonorate a clerked, in respect to the present volume of Laws and Infrom liability for gross neglect; nor will it sanction anstructions, the volume of Common School Decisions intentional omission to give notice. and Laws heretofore published, and all other books, papers and documents belonging to the district, and placed under his official control.

Notices of annual and special meetings must be given at least five days before the day on which such meetings are directed to be held; that is, the notices for meeting to be held on Saturday for instance, must be given on or before the preceding Monday.

They will observe that heavy penalties and forfeitures are incurred by them, under 6 of the act of 1839, (No. 166,) for neglect of any duty devolved upon them by law; and that they are made individually responsible for any loss that may accrue to their district, in consequence of such neglect, or omission.

In the case of annual meetings, or special meetings, which have been adjourned for a longer time than one month, a notice in writing, affixed in at least four different places in the district, is sufficient; but notices of For an exposition of the duties devolving on them in special meetings must be personally served on each in- relation to the district library, their attention is directhabitant of the district liable to pay taxes, (which in-ed to the subsequent instructions under that head: and eludes, of course, every legal voter in the district) "by for the manner in which records of the proceedings of reading the notice in the hearing of such inhabitant, or the several school meetings should be kept, to the subin case of his absence from home, by leaving a copy sequent instructions under the head of Annual and Spethereof, or of so much thereof as relates to the time and cial Meetings. [To be continued.]

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