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DISTRICT SCHOOL JOURNAL,

VOL. IV.

OF THE STATE OF NEW-YORK.

ALBANY, JAN., 1844.

INSTRUCTIONS, &c.-(CONCLUDED.)

COLLECTORS OF SCHOOL DISTRICTS. It is the duty of the collector of each district "to collect and pay over to the trustees of his district, some or one of them, all moneys which he shall be required by warrant to collect, within the time limited by such warrant for its return, and to take the receipt of such trustee or trustees, for such payment." $105, (No. 155.) When required by the trustees, such collector is to execute a bond, with one or more sureties, to be approved by one or more of the trustees, in double the amount of any tax list, (or rate bill,) to be collected, and conditioned for the due and faithful performance of his duty. 106, (No. 156.)

No. 10.

sultation in relation to their schools, and the various interests connected therewith, are calculated to exert a most beneficial influence in favor of education; to promote union, harmony and concert of action in the several districts; and to cement the ties of friendly social intercourse between those having a common interest in the moral and intellectual culture of their children. It is, therefore, of the utmost importance that they should not be neglected; that the inhabitants should be prompt and uniform in their attendance; and that the proceedings should be invariably characterized. with that order, regularity, dignity and decorum which can alone command respect, and advance efficiently the objects to be accomplished. To secure as far as possible the attainment of these desirable ends, it is proposed in this place to examine the powers and duties of the inhabitants, when assembled in district meeting, the In case such bond is not executed within the time al- mode of proceeding, the keeping of the minutes and relowed by the trustees for that purpose, which shall not cords, the qualifications of voters, and some other subbe less than ten days, the office of the collector is va-jects of general interest, connected with the proceedcated, and the trustees may appoint any other person ings of district meetings. to supply the vacancy.

The form of the bond thus required to be executed,

will be found at page 143.

1. Jurisdiction of the Collector.

By 28, of the act of 1841, (No. 132,) the jurisdiction of the collector, in the execution of his warrant, is unlimited; and extends to any other district or town, "in the same manner, and with the like authority, as in the district for which he was chosen or appointed." 2. Mode of proceeding in the collection of Taxes and Rate Bills.

This is specifically pointed out by the extracts from the 13th chapter of the 1st volume of the Revised Statutes, page 82.

sembled in District Meeting. 1. Powers and Duties of Inhabitants when as

These are particularly specified in § 61, (No. 74,) of the original act, and have been considerably extended by subsequent enactments, which will be noticed in their order. They are to appoint a moderator; to adjourn from time to time as occasion may require; to organization of the district, and as often as vacancies choose district officers at their first meeting, upon the to designate a site for a district school house; to lay occur, by expiration of the term of office, or otherwise; such tax on the taxable inhabitants of the district as the meeting shall deem sufficient to purchase or lease a suitable site for a school house, and to build, hire, or purchase such school house, and to keep in repair and furnish the same with necessary fuel and appen

3. What property liable to be taken on Collec-dages; and to repeal, alter and modify their proceed

tor's Warrants.

In the case of Keeler and others vs. Chichester, 13 Wendell 629, the supreme court held that any property found in the possession of the person liable to pay the tax, might be taken and applied to the payment of such tax, and that the collectors of school districts had the same powers as collectors of towns in collecting town and county taxes. This decision has reference to the ownership of the property, and shows that possession renders it liable to distress, whether owned by the party or not. It does not refer to the kind of property liable. The property which may be levied upon is specifically defined by § 2, of Chap. 13, 1 Revised Statutes. No property is exempt from the operation of such warrants, except the arms and accoutrements particularly mentioned in the act of Congress referred to, and quoted in the note at the bottom of page 82.

The designation of the owner of a farm in a tax list and warrant, as "the widow and heirs of A. B. de. ceased," is a sufficient compliance with the statute, to Wheeler justify the collector in executing the warrant. es. Anthony, 10 Wendell 346.

By 103, (No. 158,) the collector forfeits to his dis. trict, the full amount of any money which may be lost by his neglect, and which might have been collected by

him, within the time limited in his warrant.

ANNUAL AND SPECIAL MEETINGS OF INHABI

TANTS OF SCHOOL DISTRICTS. The inhabitants of the several school districts are required by law to meet annually, § 62, (No. 78;) and special meetings are authorized to be held, whenever called by the trustees, § 63, (No. 82.) The frequent opportunities thus afforded for the coming together of the inhabitants of each district, for deliberation and con

ings from time to time as occasion may require.

By the 10th section of the act of 1841, (No. 76,) the inhabitants are authorized, with the consent of the commissioners of common schools, to designate sites for two or more school houses for their district, and to lay a tax for the purchase or lease thereof, and for the purchase, hiring or building of school houses thereon, and the keeping in repair and furnishing the same with necessary fuel and appendages.

This provision authorizing more than one site and school house is intended for the accommodation of those districts that may be so peculiarly situated as to ren der a division inconvenient or not desirable. A banking or other corporation, or some manufacturing establishment liable to taxation, may thus be rendered beneficial to a large territory and a greater number of inhabitants, instead of having its contributions applied for the benefit of a few. And in populous places, it may often be convenient to have a school for very young children distant from that attended by those more advanced. In these and other cases, the districts should not hesitate to exercise the power given by this section. But they should in all cases obtain the previous assent of the commissioners.

The same section authorizes the inhabitants in their

discretion and without the assent of the commissioners, to levy a tax not exceeding $20 in any one year, for the purchase of maps, globes, black boards and other school apparatus. The principal facts in geography are learned better by the eye than in any other manner, and there ought to be in every school room a map of the World, of the United States, of this State and of the county. Globes also are desirable, but not so important as maps. Large black boards in frames, are indispensable to a well conducted school. The operations in arithmetic performed on them, enable the teach

er to ascertain the degree of the pupils' acquirements, that "whenever the number of volumes in the district better than any result exhibited on slates. He sees the library of any district numbering over fifty children various steps taken by the scholar and can require him between the ages of five and sixteen years, shall exto give the reason for each. It is in fact an exercise ceed one hundred and twenty-five; or of any district for the entire class; and the whole school by this pub-numbering fifty children or less, between the said ages, lic process insensibly acquires a knowledge of the rules shall exceed one hundred volumes, the inhabitants of and operations in this branch of study. the district qualified to vote therein, may, at a special meeting, duly notified for that purpose, by a majority of votes, appropriate the whole or any part of the library money belonging to the district for the current year, to the purchase of maps, globes, black-boards, or other scientific apparatus for the use of the school."

Cards containing the letters of the alphabet or words may be usefully hung up in the room. Indeed the whole apparatus provided by Mr. Holbrook, is eminently calculated to facilitate the acquisition of knowledge and to render it agreeable.

The amount of the tax which may be voted for the purchase or lease of sites for the district school house, and for the repairs. furniture, fuel and appendages, is left wholly to the discretion of the district, and is unlimited by law: but no tax for building, hiring or purchasing a school house can exceed the sum of four bun hundred dollars, unless on the certificate of the commissioners that a larger sum, specifying the amount, ought, in their opinion, to be raised; in which case a sum not exceeding the sum so specified, may be raised, $64, (No. 93.) If the district under the act of 1841, raise a tax for building, hiring or purchasing two or more school houses, a tax for each may be levied, to the amount of $400, without a certificate from the commissioners.

By the sixth section of chapter 241, of the laws of 1837, (No. 77,) the inhabitants of the several school districts are authorized to vote a tax for the purchase of a book for the purpose of recording the proceedings of the district; and which by sub. 1. of § 74, (No. 102,) must be provided to enable the clerk to perform his duty.

By the fourth section of chap. 44 of the laws of 1831, (No. 88,) the inhabitants are authorized, whenever the site of their school house has been legally changed, to direct the sale of the former site or lot, and the build ings thereon, and appurtenances, or any part thereof, at such price and upon such terms as they shall deem most advantageous to the district.

By the provisions of the several acts relative to school district libraries. (No. 175 et seq) the inhabitants of the several districts are authorized to lay a tax, not exceeding twenty dollars for the first year, and ten dollars for each subsequent year, for the purchase of a district library, consisting of such books as they shall in their district meeting direct, and such further sum as they may deem necessary for the purchase of a book case; and also to appoint a librarian who is to have the care and custody of the library so purchased, under such regulations as they may adopt for his go

vernment.

These provisions, it will be observed, are entirely distinct from those which relate to the purchase of books with the public moneys provided by the act of 1939. They are confined to such books as are obtained by means of a district tax; and wherever the inhabitants do not choose to place the latter on the same footing with the former, the distinction should be care: fully observed. The library directed to be purchased with the public money provided for that purpose, is to be selected by the trustees; the inhabitants have no direct control over such selection; and the rules and regulations for its government are to be prescribed by the Superintendent alone; while the library to be raised by tax must consist of such books as the inhabitants in district meeting shall direct; and the rules and regulations for its management may be adopted at such meeting. Still both classes of books may be placed upon substantially the same footing, by a general direction to the trustees as to the books to be purchased, and the adoption of the rules and regulations prescribed by the Superintendent.

Under the fifth section of the act of 1839, relative to district libraries, (No. 184,) the legal voters in any two or more adjoining districts, may, with the approbation of the Superintendent, unite their library moneys, as they shall be received or collected, and purchase a joint library for the use of the inhabitants of such districts, to be selected by the trustees, or such persons as they shall designate, and to be placed under the charge of a librarian to be appointed by them.

By the seventh section of the same act, (No. 186,) the legal voters in any district are authorized to direct the trustees to apply to the Superintendent to select and forward to the county clerk for the use of the district, a library.

The application of the library money to the purchase of suitable books, has been directed by the Legislature to be continued subject to this single modification, viz:

The object of this enactment is two-fold. It is designed in the first instance, to secure to every district, at least one hundred volumes of suitable books for a district library; and to districts numbering over fifty children, one hundred and twenty five; and in the second, to authorize the inhabitants of any district so sup. plied, when duly convened for that special purpose, to appropriate so much of the library fund for the current year, as they may think proper, to the purchase of maps, globes, black-boards, or scientific apparatus, for the use of the school. In the absence of any such appropriation, or whenever any balance remains unappropriated, the library money, or such unappropriated balance, must be applied to the purchase of books; and in any event, the money must be expended for the one or the other of these purposes, on or before the first day of October in each year. It is respectfully recommended to the inhabitants of those districts which are already supplied with the requisite number of books, and of others, whenever they shall reach the specified number, to avail themselves of the power thus conferred upon them, to supply their school with those useful articles of scientific apparatus which so materially condace to the improvement of the pupils. Independently of this appropriation, no district should dispense with a blackboard; and if suitable maps, globes, and a few of the more simple means of illustrating the elementary truths of science, can be superadded, the library money for two or three years, cannot, perhaps, be more advantageously appropriated. In the mean time, the books on hand can be generally read; and such additions to the library as the growing wants and increased intelligence of the district may require, can then be from time to time procured. The advice of the town and county saperintendent may at all times be had as to the most proper and judicious appropriation of the fund for the purposes provided for by the section under consideration.

By sub. 7 of § 75, (No. 103,) the power of inhabitants of districts to direct the division of the public (teacher's) money, into not exceeding four portions for each year, and to assign and apply one of such portions to each term taught during the year by a duly qualified teacher, is expressly recognized.

The powers thus conferred upon the inhabitants of school districts, must be strictly pursued, and can in no case be exceeded. No vote or proceeding of a district meeting can be legal, for which authority is not expressly or by necessary implication, to be derived from

the statute.

2. Mode of Proceeding.

As a general rule, the punctual attendance of the inhabitants of the district should be secured by the organization of the meeting at the appointed hour, after making a fair allowance, say ten or fifteen minutes, for the variation of time pieces; at the expiration of which time, those in attendance, whatever may be their num ber, should organize, by the appointment of a moderator. Any number of inhabitants, however small, are competent to the transaction of the business for which the meeting was called; but if there be only a very the meeting. The clerk of the district if present, will small number present, it will be advisable to adjourn act as clerk of the meeting; and in case of his absence, any other inhabitant of the district may be designated by the meeting to act as clerk pro tem. The inhabitants will then proceed to the transaction of the business for which they were convened.

Where officers of the district are to be chosen, the

choice should be by ballot, separately for each office; with where there is reason to believe any difference of and this mode of proceeding should never be dispensed opinion exists as to the proper persons to be chosen.Where no such difference of opinion exists, it is still better to regard the choice by ballot as the regular mode, and when dispensed with in any individual case, it should be done by express resolution. All other bu siness of the meeting should be transacted by written resolutions, regularly put to vote in the customary

OF THE STATE OF NEW-YORK.

manner; and where, for any reason, the result cannoting not voting in favor thereof. The votes are then to
be stated as before.]
be accurately ascertained, the numbers voting for or
against any resolution should be determined by a count.
or by ayes and noes. For this purpose it would be well
for the clerk to have always in readiness a list of the le-
gal voters of the district, with a series of columns attach
ed, to designate the manner in which each person votes
on any question that may be submitted. When the site ising to No. SS ante
to be changed in a district that has not been altered,
the law specifically requires the vote to be taken by
ayes and noes. Such lists may be in the

After changing the site of the school house, in the
manner before prescribed, the voters of the district, at
the same or any subsequent meeting, may pass a reso-
lution, by a majority of those present, in the ordinary
mode, directing the trustees to sell the house, accord-

form:

Names of Voters.

John Morehouse, •

Jacob Custis,

Thomas Budd,.
William Carroll,
Henry Beltis,
Frederick Hough,

following

On change of site of school house.

On motion to
build school|
house.

On resolution
to raise tax
$150.

On resolution

apparatus

to raise tax

for

[blocks in formation]

3. Mode of keeping Minutes and Records of the Proceedings.

4. Qualification of Voters.

Great difficulty has been heretofore experienced in ascertaining the requisite legal qualifications for voters in school district meetings. The act of 1941 has removed this difficulty by defining them particularly, and has pointed out the means of ascertaining the right of any individual to vote in such meetings, by a challenge, §7, 8, 9, (Nos. 71, 72, 73.)

The following general qualifications are required in

all cases.

1. The voter must be a male.

2. Of full age, that is, twenty-one years old, or more.
3. He must be an actual resident of the district.

In addition to the above, the voter must possess one
or other of the following qualifications:

4. He must be entitled by law to hold land in this State, and must own or hire real property in the district, subject to taxation for school purposes; or,

5. He must be authorized to vote at town meetings of the town in which the district or part of a district is situated-must have paid a rate bill for teachers' wages in the district within one year preceding, or must have paid a district tax within two years preceding, or must own personal property liable to be taxed for school purposes in the district exceeding fifty dollars in Under the above 4th division are included two clasvalue, exclusive of what is exempt from execution.

subject to taxation, and aliens not naturalized, who have filed the affidavit prescribed by 16 of Title 1, Chap. 1, Part 2, Rev. Stat. of their intention to become citizens, and of having taken the necessary incipient measures for that purpose, and who own or hire real property in the district subject to taxation for school purposes. It does not extend to those who have personal property, but neither own nor hire real property. The provision was intended to meet the case of residents, who, although not entitled to vote at town meetings, may have a strong interest in the proceedings of

The person acting as clerk should keep accurate minutes of the proceedings on loose sheets of paper; and before the meeting is finally adjourned, these minutes should be read and approved by the meeting, and sign-ses of persons-citizens owning or hiring real property, ed by the moderator and clerk, and afterwands transferred into the record book of the district. The following general form may be used for this purpose: Form of Minutes to be kept by the District Clerk, of Proceedings of District Meetings. At a meeting of the legal voters of school district in the town of held pursuant to number day of adjournment, at 18 (or if it be the annual meeting, say annual meeting of, &c. held pursuant to appointment and public notice, at, &c." Or if it be a special meeting, say, "at a special meeting of, &c. called by the trustees of said district, and held pursuant to special notice, at, &c. on the day of, &c."] A. B. was chosen moderator, and C. D. was present as district clerk, (or if the clerk be not present, say E. F. was appointed clerk pro tem., the district clerk being absent.)

on the

"at an

district school meetings.

In reference to the above 5th division, those "citizens of the several towns in this State, qualified by the Constitution to vote for elective officers," are entitled to vote at meetings. [§ 1, Title 2, Chap. 11, Part 1, Rev. Stat.] Of course, persons claiming to vote at district meetings under this qualification must have been inhabitants of the State for one year, of the county for six months immediately preceding, and must then be actual residents of the town. To these must be added some one of the qualifications above specified in division 5. Where the subject of a change of site in an unalter- By § 8, (No. 72,) a challenge is allowed, and the deed district, has been under discussion, and a determi-claration that may be required is given; and by § 9, nation had by the district, in the manner prescribed by (No 73,) penalties for a false declaration and for vo law, the proceedings should be particularly recorded, ting without being qualified, are imposed. in the following form:

Resolved unanimously. (or by a majority of the votes present, as the case may be,) [here enter the proceedings of the district in the form of resolutions, and with as much precision and certainty as possible.]

19

A. B. was chosen mode

At a meeting of the legal voters of District No. held at the school house, in purin the town of suance of notice to all the legal voters therein on the day of rator, and C. D. was present'as district clerk, (or E. F. was appointed clerk pro tem., the district clerk being absent.) The written consent of the Town Superintenent of Common Schools of the town having been read, stating that in his opinion the removal of the site of the school house in said district is necessary: And it having been moved and seconded that the present site of the school house in the said district be changed and that the northeast corner of lot number 10, in the said town, (or of the farm now occupied by A. B. on the N. E. corner, formed by the intersection of two certain roads, &c. describing them,) be designated as the site of a school house for the said district, and the question taken by ayes and noes, it was carried, two-thirds of all those present at such special meeting voting for such removal, and in favor of such new site: Those who voted in the affirmative were John Morehouse, Thos. Budd, Wm. Carroll and Frederick Hough, &c.; those who voted in the negative, were Jacob Curtis and Henry Noes 2. Ayes 4. Bettis, &c.

5. Reconsideration of Proceedings. The inhabitants of school districts may reconsider and repeal, alter and modify their proceedings at any time before they have been carried into effect, either wholly or in part. But the intention to do so, should for that purnose When, however, contracts have acbe explicitly set forth in the notice of the meeting called tually been entered into, liabilities incurred, or expenditures of money had, in the prosecution of any mea sure directed by the district, a reconsideration will not be sanctioned, as no means exist to indemnify those who may be the losers thereby.

6. Taxes should be specifically voted. Where a tax is voted by the inhabitants for any purpose, the specific amount of the tax, and the particular purpose for which it is designed, should be fully and clearly stated. And where several objects of expenditure are to be provided for, the amount to be raised for each should be expressed in the resolution, in order that the district and the trustees may know the precise extent of their liability, and the mode of its application. There may be cases, however, where the neces sary amount to be raised, cannot be ascertained with any approach to accuracy; and in such cases the district may direct the performance of specific acts by the trustees, or authorize them to incur such expenses as may be necessary to the accomplishment of a particu[Or, and the question being taken by ayes and noes, it was lost, two-thirds of all those present at the meet."lar object to be specified; and the trustees are then au

fin stating the ayes and noes, the christian names of the voters should be given.]

thorized by 14, of the act of 1841, (No. 127,) to raise such amount by tax upon the district in the same manner as if the definite sum to be raised had been voted. This general delegation of authority should, however, be resorted to only in cases of necessity

torbance in any portion of the district :-bearing in mind that a mere numerical triumph, leaving a large minority dissatisfied and irritated, however gratifying to the successful party, for a time, is but a poor compen sation for a divided and distracted district, and an embittered and hostile neighborhood.

9. Building, Hiring, Purchasing and Repairing of School Houses, and providing Furniture and Appendages.

7. Designation of Site of School House. When the site of a school house is to be fixed, it should be designated with distinctness and precision. It is very common in many of the districts to vote a site in general terms, as at or near a particular spot, between two points, or by other equally vague descrip- When a tax is voted by the inhabitants of a district tions; and in some instances the precise location has for building a school house, it is important, not only that been left to the discretion of the trustees, or of a com- the specific amount to be raised should be stated, but mittee appointed for that purpose. All this is directly if any portion of it is designed to be expended in the contrary to law. The inhabitants in district meeting erection of other appurtenances, such as a wood house, assembled, are "to designate a site for a district school necessary, or fence, that those purposes should be spehouse," and this designation must be sufficiently ex-cifically set forth in the resolution. It would in all caplicit, and must be described by metes and bounds, or ses be desirable that a committee of the inhabit+nts other known and permanent landmarks, to enable the consisting of or including the trustees who are charged trustees to locate the site, and to contract for and re- by law with the execution of the work, should be apceive a title to the same; and the best rule will be to pointed to digest and under the advice of the county make such a description as would be required in a deed superintendent mature a full plan for the building, apof the premises. pendages, and appurtenances, together with a detailed estimate of the expense, and to submit the same at an adjourned meeting for the sanction and approval of the district. From this proceeding many useful results would follow. The trustees would be placed in possession of all the information necessary to enable them efficiently and systematically to discharge their duties in contracting for and superintending the erection of the house; an opportunity would be afforded of obtaining and comparing the best models of architecture, and the inhabitants would be enabled to disenss at their leisure the several plans submitted and to consult their convenience, taste and accommodation, in the several details.

8. Change of Site.

By § 1, of chap. 44, of the laws of 1831, (No. 85,) it is provided that "whenever a school house shall have been built or purchased for a district, the site of such school house shall not be changed, nor the building thereon be removed, as long as the district shall remain unaltered, unless by the consent in writing of the town superintendents of common schools, or a majority of them, of the town or towns within which such district shall be situated, stating that in their opinion such removal is necessary; nor then, unless two-thirds of all those present, at a special meeting of such district called for that purpose, and qualified to vote therein, shall vote for such removal, and in favor of such new site."

This provision is designed to secure permanency in the location of the district school house, while the circumstances under which it was so located remain subBut when an alteration has taken stantially the same. place in the district, since such location, either by the addition of new inhabitants, and the consequent annexation of new territory, from the adjoining districts, or by the setting off of a portion of the inhabitants and territory to some other district, then, the reason for the enactment failing, a change of site may be voted by a majority of the altered district, in the usual maaner. When the new site is again established, either in this manner, or by a two-third vote, as provided in the section above quoted, the same principle again prevails. No further alteration can be made while the district remains substantially in the same condition, as when the

new site was fixed.

The alterations here referred to must be such as are made in the territorial boundaries of the district. Changes of residence by the inhabitants out of the district, or the removal of persons into it from other districts, cannot be deemed alterations within the meaning of the law, while the territory remains the same.

clsion is made

The school house, when built or purchased, should never be permitted to remain for any length of time out of repair. It is the duty of the trustees to keep it in repair, and the district should whenever called upon, provide for the expense. They should also see that the school rooms are properly furnished with fuel, prepared for use; that all the necessary articles of furniture are provided; that the seats, desks and other fixtures are in good condition, and that the district library, the apparatus for the school and all the other property of the district is properly taken care of, and such articles as are wanted, promptly furnished. In other words, the district should exercise a constant supervision over its officers, and provide the means for an efficient discharge of their duties.

When it is supposed that more than four hundred dollars will be necessary to build, hire, or purchase a school house, care should be taken to procure the certificate of the town superintendent, before the tax is voted by the district, as such certificate seems by the act and has been held by this department to be indispensable to authorize the vote. If there be a site and house, they should be sold, and the proceeds applied first to the purchase of the new site and next to the building. And whatever sum is applicable to the erection or purchase of the school house, must according to a decision of this department go in reduction of the amount which the district may vote for a school house. (Decisions, p. 183.) Thus, if the former site and building sell for 200 dollars, and 50 dollars be applied to the procuring a new site, the remaining 150 dollars being applicable to the new house, the district cannot vote a tax of more than 250 dollars for the building, without the consent of the commissioners.

The experience of this department has shown that by far the most fertile sources of contention and difficulty in the various school districts, originate from the proceedings of the inhabitants connected with the change of the site of their school house. Such a measure should therefore, only be adopted when the convenience and accommodation of the inhabitants, will be essentially promoted thereby; when the altered situation of the district imperatively requires a change; and even then, the full and hearty concurrence not merely of a clear and decided majority of the district, but of the inhabi tants generally should be secured, before any final de-mon schools of the town of There must always be a portion of the inhabitants, residing at the extremities of the district who will experience more or less inconvenience, at particular seasons of the year, in consequence of their distance from the school house: but it is better that these partial inconveniences should be submitted to, than that they should be transferred to others and the whole district plunged into a contention respecting the site. But when, in consequence of the enlargement of the boundaries of the district, a change is indispensable, the inhabitants should come together in a concilatory and friendly spirit, having no other object in view than the best interests of the district and the convenience of the greatest number: and their action should be deliberate and circumspect,-reconciling as far as possible the interests of all and rejecting every proposition calculated to sow the seeds of dissention, or dis

The following will be a proper form of a resolution for raising a tax for the erection of a school house. The certificate of the town superintendent of comhaving been obtained, that in his opinion a larger sum than four hundred dollars ought to be raised for building a school house in the said district, namely the sum of six hundred dollars, [or whatever the whole sum may be.]

Resolved, That the said sum of six hundred dollars be

raised by tax upon the said district for the purpose of building a school house therein.

The resolution for the purchase of a site should be distinct and may be in the following form:

Resolved, That the sum of fifty dollars be raised by tax upon the said district for the purchase of the site for a new school house, heretofore designated by the legal voters thereof.

Either or both the above taxes may he raised, but can not be expended before a site is purchased and a legal title procured. Whenever there is a deficiency in the amount of any

tax directed to be raised, the inhabitants of the district are directed by § 30 of the act of 1841, (No. 106) to raise the necessary sum by a new tax.

DISTRICT LIBRARIES.

By chap. 80 of the laws of 1835, (Nos. 175, 176,) the inhabitants of the several school districts were authorized, when lawfully assembled at any district meeting|| specially notified for that purpose, to impose a tax not exceeding twenty dollars for the first year, and ten dolJars in any subsequent year, "for the purchase of a district library consisting of such books as they shall in their district meeting direct, and such further sum as they may deem necessary for the purchase of a book case." By the 2d section of that act, (No. 177,) the district clerk, or such other person as the inhabitants should designate and appoint by a majority of votes, was declared to be librarian, and to be vested with the care and custody of the library, under such regulations as the inhabitants should adopt.

These provisions are still in force; and they afford the only authority for raising by tax upon the district, any money for the purchase of books, or a book case. The books thus to be purchased must be directed by the inhabitants in district meeting; and this direction may be either general, as to purchase any given series or numbers of the Harper Library, the Family Library, &c. or special, designating the particular books, or the trustees may be authorized to procure such books as they think proper.

By the 4th section of chap. 237, of the laws of 1838, (No. 179,) the sum of $55,000 from the annual revenue of the U.S. Deposite Fund, was required to be annually distributed to the support of common schools in like manner and upon the like conditions as the school moneys now are or shall hereafter be distributed, except that the trustees of the several districts shall appropriate the sum received to the purchase of a district library for the term of three years, (afterwards by 6 of chap. 177. laws of 1939, (No. 185,) extended to five years,) and after that time for a library, or for the payment of teachers' wages, in the discretion of the inhabitants of the districts."

Trustees, are by this provision, authorized to make the selection of the books for the library, as the application of the money is to be made by them. To promote uniformity in the loan and return of books, it is recommended that but one librarian be appointed; and that the inhabitants adopt the rules and regulations hereinafter prescribed by the Superintendent, for the government of the libraries procured under both acts.

Inhabitants of districts have no authority to sell, exchange, or in any manner dispose of the books constituting the district library; whether such books are purchased from the library fund, or from the funds raised by the district.

By the 3d section of the act of 1830, respecting school district libraries, (No. 182,) the Superintendent of Common Schools, was directed to prepare general regulations for the preservation of the libraries, the de livering of them by librarians and trustees to their successors in office, and respecting the use of the books, &c. In pursuance of these provisions, the subjoined regulations have been prepared. No I. relates to the preservation of the libraries, the delivery of the books by the officers charged with their keeping, to their successors, and to their duties in respect to them. No. II. relates to the use of the books by the inhabitants, the number to be taken out, the fines to be imposed, &c. As these regulations may appear minute to some, it is proper to remark, that they were intended for the organization of a new and entire system, upon a subject not well understood, and in which directions cannot be too full or too plain. Thousands upon thousands of our citizens are and will be charged with the duties to which these regulations refer; and it is by no means a depreciation of their intelligence to remark, that very many of them have probably never had any connexion with circulating libraries, and are not aware of the absolute necessity of strict rules, and a firm adherence to them, to prevent the total destruction of their books in a few years. Complaints had already been made that in several districts, which had procured libraries, many of the books were injured, and others lost, for the want of some system in their management. It cannot be too strongly impressed upon trustees and librarians, that the best system which human ingenuity can devise, will be of no avail unless it is fully and thoroughly executed. These invaluable store houses of knowledge, the solace of age, the guide of youth, the stay of manhood. the source of so much happiness to parents

and their children, -will depend for their existence upon the vigilance of those who have accepted the sacred trust of watching and preserving them. Heavy, indeed, will be the responsibility for a neglect of those duties upon which so much depends.

DISTRICT LIBRARY REGULATIONS, No. I. Regulations respecting District Libraries, their preser. vation, and the delivery of them by Librarians and Trustees to their successors in office; and instructions for the execution of “An act respecting School District Libraries," passed April 15, 1839, pursuant to the third and seventh sections of the said act: intended for the government of the officers having charge of such Libraries.

I. In respect to the selection of books for district libraries. The Superintendent has no authority to make such selections, unless requested by the trustees of a district pursuant to a vote of its inhabitants. He is prepared to act on the subject as prescribed by the sta tute, whenever requested; but he desires it to be distinctly understood that he does not proffer his services; much preferring that the inhabitants of a district should consult their own tastes and judgment. At the same time, he is bound to see the law faithfully executed; and as jurisdiction upon appeal from the proceedings of district meetings and trustees, as well in relation to the selection of a library as to all other matters connected with it, is given to him by law, it is proper that the principles which will govern decisions on such appeals should be known.

The object of the law for procuring district libraries is, to diffuse information, not only, or even chiefly, among children or minors, but among adults and those who have finished their common school education. The books, therefore, should be such as will be useful for circulation among the inhabitants generally. They should not be children's books, or of a juvenile character, or light and frivolous tales and romances; but works conveying solid information which will excite a thirst for knowledge, and also gratify it, as far as such a library can. Works imbued with party politics and those of a sectarian character, or of hostility to the christian religion, should on no account be admitted; and if any are accidentally received, they should be immediately removed. Still less can any district be permitted to purchase school books, such as spelling books, grammars or any others of the description used as text books in schools. Such an application of the public money would be an utter violation of the law. If any case of improper selection of books should come before the Superintendent, by appeal from any inhabitant, such selection would be set aside; and if it ap peared from the reports, which according to these regulations must be made, that such books had been pur. chased, the commissioners will be bound to withhold the next year's library money from such district. These penalties and provisions will be rigidly enforced; for upon a faithful administration of the law, the usefulness and the continuance of the system will de pend. If the public munificence be abused, it will unquestionably.cease.

The Superintendent feels it to be his duty, although an unpleasant one, to caution districts against collec tions of frivolous works, some of which are already ad. vertised as district libraries. The advice of persons familiar with the best works in our language should be taken in making purchases; and it is recommended that utility be consulted in the choice of books rather than novelty. Works already known, and whose worth has been approved by the judgment of the public, should be preferred to new productions, which have not attained a character. Economy, also, should be maintained in buying libraries, that the utmost benefit may be derived from the library fund. Those publishers who print large editions and make calculations for forming complete libraries, can, and do afford their books much cheaper than others. With such opportunities for procuring the very best books at a cheap rate, it would be lamentable if more money should be paid for them than they can be procured for with a little effort, and it would be humiliating and discouraging, if books of worthless or improper character should be offered to those who hunger for knowledge.

II. The library is in charge of the librarian chosen at the annual meeting of the district; for he cannot be chosen at a special meeting. If none is elected, the clerk of the district becomes librarian. Where by the the laws regulating schools in cities or particular places, no trustees are chosen by the inhabitants, the district clerk, if there be one, is librarian If there be

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