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no district clerk, the trustees of the district may appoint the librarian.

collected is to be applied as directed in Article XII. of regulations No. II. with respect to fines.

Trustees of school districts, are by virtue of their VI. It is the duty of the trustees to provide a plain office, trustees of the library, and have the general and sufficient case for the library, with a good lock, if charge and superintendence of it. The librarian is the district shall have neglected to do so. They are subject to their directions in all matters relating to also to cause the books and case to be repaired as soon the preservation of the books and appurtenances of the as may be, when injured; they are also to provide library, and he may be removed by them for the causes sufficient wrapping paper to cover their books, and the and under the circumstances mentioned in the first necessary writing paper to enable the librarian to keep section of the "Act respecting school district libraries." minutes of the delivery and return of books. These are (No. 180.) proper expenses for the preservation and repair of the Whenever the trustees go out of office they are to de-books, and are to be defrayed by a tax on the district, liver to their successors all the books in the district which is to be added by any tax voted by a district library, with the case and all other appurtenances, and meeting. It is not necessary that the tax to defray such delivery should be had within ten days at least these expenses should be voted by the inhabitants of after their successors are chosen; and the librarian is the district; it is to be assessed and collected in the at the same time to deliver to his successor all the some manner as a tax for building or repairing a minutes, catalogues, papers and property, appertaining school house, or to farnish it with necessary fuel and to the library. appendages.

III. When any library is purchased and taken charge of by the librarian, he is to make out a full and complete catalogue of all the books contained therein. At the foot of each catalogue the librarian is to sign a receipt in the following form:

VII. The librarian must cause to be pasted in each book belonging to the library, a printed label, or must write in the first blank leaf of each book, specifying that the book belongs to the library of school district No. in the town of

naming the town and giving I, A. B. do hereby acknowledge that the books speci- the number of the district; and he is on no account to fied in the preceding catalogue have been delivered to deliver cut any book which has not such printed or me by the Trustees of School District No. in the written declaration in it. He is also to cause all the town of to be safely kept by me as Librarian books to be covered with strong wrapping paper, on the of the said District for the use of the inhabitants there-back of which is to be written the title of the book, and of, according to the regulations prescribed by the its number in large figures. As new books are added, Superintendent of Common Schools, and to be accounted the numbers are to be continued, and they are in no for by me according to the said regulations to the case to be altered; so that if a book be lost, its number Trustees of the said District, and to be delivered to my and title must still be continued on the catalogue, with successor in office. Dated, &c. a note that it is missing.

A correct copy of the catalogue and receipt is then to be made, to which the trustees are to add a certificate in the following form:

We the Subscribers, Trustees of School District No. in the town of do certify that the preceding is a full and complete catalogue of books in the Library of the said District now in possession of A. B. the Li brarian thereof, and of his receipt thereon. Given under our hands this day of

18.

The catalogue having the librarian's receipt, is to be delivered to the trustees, and a copy having the certificate of the trustees, is to be delivered to the librarian for his indemnity.

Whenever books are added to the library, a catalogue with a similar receipt by the librarian is to be delivered to the trustees, and a copy with a certificate of the trustees that it is a copy of the catalogue delivered them by the librarian, is to be furnished to him. Every catalogue received by the trustees is to be kept by them carefully among the papers of the district and to be delivered to their successors in office.

VIII. The librarian must keep a blank book, that may be made by stitching together half a dozen or more sheets of writing paper. Let these be ruled across the width of the paper so as to leave five columns of the proper size for the following entries, to be written lengthwise of the paper: in the first column, the date of the delivery of any book to any inhabitant; in the second, the title of the book delivered, and its number; in the third, the name of the person to whom delivered; in the fourth, the date of its return; and in the fifth, remarks, respecting its condition, in the following form:

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The proper width of each column can be ascertained by writing the different entries on a half sheet of paper and seeing how much room they respectively occupy.

As it will be impossible for the librarian to keep any trace of the books without such minutes, his own inte rest to screen himself from responsibility, as well as his duty to the public, will, it is to be hoped, induce him to be exact in making his entries at the time any book is delivered; and when it is returned, to be equally exact in noticing its condition, and making the proper minute.

IV. During the week preceding the annual meeting all the books shall be called in For this purpose the librarian is to refuse to deliver out any books for fourteen days preceding the time so prescribed for collecting them together. The trustees must make a careful examination of the books, compare them with the catalogue, and make written statements in a column opposite the name of each book of its actual condition, whether lost or present, and whether in good order or injured, and if injured, specifying in general terms, the extent of such injury. This catalogue, with the remarks, is to be kept by them; a copy of it is to be made out,and delivered to the new librarian with the library, by X. The several trustees of school districts are hereby whom a receipt in the form above prescribed is to be required, in their annual reports to the town superinten given, and to be delivered to the trustees. Another dent of common schools, to state the number of books becopy certified by them as before mentioned, is to be de-longing to their district library on the last day of December in each year.

livered to the librarian.

V. Trustees are to attend to the library for the purpose of comparing the catalogue with the books. They are at all times when they think proper, and especially on their coming into office, to examine the books carefully, and note such as are missing or injured. For every book that is missing the librarian is accountable to the trustees for the full value thereof, and for the whole series of which it formed a part: such value to be determined by the trustees. He is accountable also for any injury which a book may appear to have sustained, by being soiled, defaced, torn, or otherwise. And he can be relieved from such accountability only by the trustees, on its being satisfactorily shewn to them that some inhabitant of the district has been charged or is chargeable for the value of the book so missing, or for the amount of the injury so done to any work. It is the duty of the trustees to take prompt and efficient measures for the collection of the amount for which any librarian is accountable; such amount when

IX. A fair copy of the catalogue should be kept by the librarian, to be exhibited to those who desire to select a book; and if there be room, it should be fastened on the door of the case.

XI. The trustees of each school district shall, at the

time of their making their annual reports, deliver to the a catalogue containing the titles of all the books in the town superintendent of common schools of their town, district library, with the number of volumes of each set or series, and the condition of such books, whether sound, or injured, or defaced. This catalogue must be signed by them and by the librarian.

XII. The town superinttendent of common schools in each town is required carefully to preserve such catalogues, and deliver them, with the papers of their office, to his successor, who is also required to preserve the catalogues delivered to him, and hand them over to his successor.

XIII. Town superintendents of common schools cannot pay over any library money to the trustees of a district in the following cases:

1st. If a catalogue, as required by article XI, has not been delivered to them.

OF THE STATE OF NEW-YORK.

2d. If the number of books belonging to its library is
not stated in the annual report of the trustees.
3d. If it does not clearly appear from such report that
the whole of the library money paid to such district
the preceding year, have been expended according to
law. No part of the library money can be applied to
the purchase of a case for the books. These are "the
like conditions" referred to in the act authorizing the
apportionment of public money to district libraries.
4th. Wherever it appears that any district has expended
any portion of its library money in the purchase of
any text book used in schools, such as spelling-books,
arithmetics, or grammars, or any book clearly im-
proper to be admitted into a district library.

XIV. Whenever town superintendents of common school withhold from any district its library money, they are not to distribute the money among the other dis tricts. but are to report the case and the circumstances to the Superintendent, in order to enable him to exercise the discretion given by the sixth section of the "Act respecting school district libraries." (No. 185.)

XV. Whenever in these regulations any act or duty is directed or authorized to be performed by trustees of libraries, the same may be performed by a majority of the trustees at a meeting of the whole number; and when any meeting of the trustees shall have been noti fied, by notice given by any one trustee to the others, a majority of the whole are competent to the transaction of any business, in the same manner as if all were present. But a majority cannot act unless notice has been given to all to attend at the time and place of meeting.

XVI Whenever the legal voters of two or more districts desire to unite their library moneys and funds, and purchase a joint library, under the provisions of the 5th section of the act hereto annexed, (No. 184.) a special meeting should be called in each district for the purpose, under a notice specifying the object. The trustees will then transmit to the Superintendent certified copies of the votes, and a statement of the number voting for and against them. They will also furnish statements of the number of inhabitants, the valuations of their property, the amount of library money received in each district, the amount each has voted to raise by tax on the district, and a general description or map of the districts, so as to shew their contiguity; and in all cases where the convenience of the inhabitants will be promoted and the great object of the libraries will be advanced by such a union, the Superintendent will cheerfully give his approbation to its being formed.

XVII. Where such a union is formed, the preceding regulations will be deemed to apply to the joint library, subject only to the variations prescribed in the before mentioned fifth section, and such as arise from the na ture of the union. A majority of the whole number of trustees of all the districts considered as one body, will be competent to the transaction of business, and to decide all questions which may properly come before them.

It is proper to remark that by section 6 of the act relative to common schools, passed May 3, 1939, (No. 166,) a penalty of ten dollars is incurred by every town superintendent of common schools and by every trustee of a school district for refusing or wilfully neglecting to perform any duty required by law or by any regulation of the Superintendent of Common Schools, under the authority of the statute; and they are also liable to their towns and districts for the amount of any loss that may be sustained by reason of such neglect or refusal.

DISTRICT LIBRARY REGULATIONS, NO. II.
Regulations concerning the use of the Books in District
Libraries prescribed by the Superintendent of Common
Schools pursuant to the third section of the "Act re-
specting School District Libraries," passed April 15th,

1939.

I. The librarian has charge of the books and is responsi-
ble for their preservation and delivery to bis successor.
II. A copy of the catalogue required to be made out by
Articles III. and IV. of Regulations No. 1. is to be kept
by the librarian, open to the inspection of the inhabi-
tants of the district at all reasonable times. It will be
found convenient to affix a copy of it on the door of the
bookcase containing the library.

III. Books are to be delivered as follows:
1st. Only to inhabitants of the district.
2d. One only can be delivered to an inhabitant at a time;
and any one having a book out of the library must re-
turn it before he can receive another.

ad. No person upon whom a fine has been imposed by
the trustees under these regulations, can receive a
book while such fine remains unpaid.

a book unless he resides with some responsible in-
4th. A person under age cannot be permitted to take out
habitant of the district; nor can he then receive a
book if notice has been given by his parent or guar-
dian or the person with whom he resides, that they
will not be responsible for books delivered such minor.
5th. Each individual residing in the district, of sufficient
age to read the books belonging to the library, is to be
regarded as an inhabitant, and is entitled to all the
benefits and privileges conferred by the regulations
relative to district libraries. Minors will draw in
their own names, but on the responsibility of their pa-
rents or guardians.

6th. Where there is a sufficient number of volumes in
the library to accommodate all residents of the dis-
trict who wish to borrow, the librarian should per-
mit each member of a family to take books as often
as desired, so long as the regulations are punctually
and fully observed. But where there are not books
enough to supply all the borrowers, the ibrarian
should endeavor to accommodate as many as possible,
by furnishing each family in proportion to the number
of its readers or borrowers.

IV. Every book must be returned to the library within twenty days after it shall have been taken out, but the same inhabitant may again take it, unless application has been made for it, while it was so out of the library, by any person entitled, who has not previously borrowed the same book, in which case such applicant shall have a preference in the use of it. And where there have been several such applicants, the preference shall be according to the priority in time of their applications, to be determined by the librarian. Upon application to the Superintendent, the time for keeping books out of the library will be extended to a period not exceeding twenty-eight days, where sufficient reasons for such extension are shown.

V. If a book be not returned at the proper time, the librarian is to report the fact to the trustees; and he must also exhibit to them every book which has been returned injured by soiling, defacing, tearing, or in any other way, before such book shall be again loaned out, together with the name of the inhabitant in whose possession it was when so injured.

VI. The trustees of school districts being by virtue of their office trustees of the library, are hereby authoriz. ed to impose the following fines: 1st. For each day's detention of a book beyond the time allowed by these regulations, six cents, but not to be imposed for more than ten day's detention.

2d. For the destruction or loss of a book, a fine equal to the full value of the book, or of the set, if it be one of a series, with the addition to such value of ten cents for each volume. And on the payment of such fine, the party fined shall be entitled to the resi due of the series. If he has also been fined for detaining such book, then the said ten cents shall not be added to the value.

shall be taken out by a borrower and before its return, 3d. For any injury which a book may sustain after it a fine may be imposed of six cents for every spot of grease or oil upon the cover or upon any leaf of the volume; for writing in or defacing any book, not less than ten cents, nor more than the value of the book; for cutting or tearing the cover, or the binding, or any leaf, not less than ten cents, nor more than the value of the book.

4th. If a leaf be torn out, or so defaced or mutilated that it cannot be read, or if any thing be written in the volume, or any other injury done to it, which renders it unfit for general circulation, the trustees will consider it a destruction of the book, and shall impose a fine accordingly, as above provided in case of loss of a book

5th. When a book shall have been detained seven days beyond the 20 days allowed by these regulations, the librarian shall give notice to the borrower to return the same within three days. If not returned at that time, the trustees may consider the book lost or destroyed, and may impose a fine for its destruction in addition to the fines for its detention.

VII. But the imposition of a fine for the loss or desstruction of a book, shall not prevent the trustees from recovering such book in an action of replevin, unless such fine shall have been paid.

VIII. When in the opinion of the librarian any fine has been incurred by any person under these regulations, he may refuse to deliver any book to the party liable to such fine, until the decision of the trustees upon such liability, be had.

IX. Previous to the imposition of any fine, two days' written or verbal notice is to be given by any trustee, or

the librarian, or any other person authorized by either of them, to the person charged, to show cause why he should not be fined for the alleged offence or neglect; and if within that time good cause be not shown, the trustees shall impose the fine herein prescribed. No other excuse for an extraordinary injury to a book, that is for such an injury as would not be occasioned by its ordinary use should be received, but the fact that the book was as much injured when it was taken out by the person charged, as it was when he returned it. As such loss must fall on some one, it is more just that it should be borne by the party whose duty it was to take care of the volume, than by the district. Negligence can only be prevented, and disputes can only be avoided by the adoption of this rule. Subject to these general principles, the imposition of all, or any of these fines, is discretionary with the trustees, and they should ordinarily be imposed only for wilful or culpably negli gent injuries to books, or where the district actually sustains a loss, or serious injury. Reasonable excuses for the detention of the books beyond the twenty days, should in all cases be received.

X. It is the special duty of the librarian to give notice to the borrower of a book that shall be returned injured, to show cause why he should not be fined. Such notice may be given to the agent of the borrower who returns the book; and it should always be given at the time the book is returned.

XI. The librarian is to inform the trustees of every notice given by him to show cause against the imposition of a fine; and they shall assemble at the time and place appointed by him, or by any notice given by them, or any one of them; and shall hear the charge and defence. They are to keep a book of minutes, in which every fine imposed by them, and the cause, shall be entered and signed by them, or the major part of them. Such original minutes, or a copy certified by them, or the major part of them, or by the clerk of the district, shall be conclusive evidence of the fact that a fine was imposed as stated in such minutes, according to these regulations.

XII. It shall be the duty of trustees to prosecute promptly for the collection of all fines imposed by them. Fines collected for the detention of books, or for injuries to them, are to be applied to defray the expense of repairing the books in the library, Fines collected for the loss or destruction of any book, or of a set or series of books, shall be applied to the purchase of the same or other suitable books.

XIII. These regulations being declared by law "obligatory upon all persons and officers having charge of such libraries, or using or possessing any of the books thereof," it is expedient that they should be made known to every borrower of a book. And for that purpose a printed copy is to be affixed conspicuously on the case containing any library, or in one of such cases, if there be several: and the librarian is to call the attention to them of every person on the first occasion of his taking out a book.

Superintendent, either separately or in conjucction with the Supervisor and Town Clerk, relative to the formation or alteration of any School District, or of the Trustees or Librarian, in the discharge of any of the duties devolving upon them, or concerning any other matter arising under the school law of whatever description, is now required to bring his appeal, in the manner and within the time now prescribed by the regulations of the department, to the County Superinten dent, whose decision thereon is final, unless appealed from to this department within fifteen days after service of a copy thereof.

CASES IN WHICH APPEALS MAY BE MADE,

Under the 110th Section of the Common School Act. (No.

160.)

District meeting.
I. Where any decision has been made by any School

This includes the whole class of cases, in which district meetings have the power to decide on any proposition or motion that may legally be made to them, under any section of the School Act.

II. Where any decision has been made by the Town Superintendent of Common Schools, or by him and the Supervisor and Town Clerk, in the forming or altering, or in refusing to form or alter any School District, or in refusing to pay any school moneys to any district; matter under the present title," appeals will also lie and under the general provision, "concerning any other from the proceedings of such Town Superintendent in any erroneous distribution of public money, in paying it to any district not entitled, or more than it is an thorized to receive; and in fact from any official deci. sion, act, or proceeding, and from a refusal to discharge any duty imposed by law, or the regulations of the Superintendent, or incident to the duties of his office. III. Where any decision has been made by Trustees of school districts in paying any teacher, or refusing to pay him, or in refusing to admit any scholar gratuitously into the school: And under the same general provision referred to, in improperly admitting any scholar gratuitously, in making out any tax list, or rate bill, or in any act or proceeding whatever, which they undertake to perform officially; and also for a refusal to discharge any duty enjoined by law, or any regulation of the Superintendent, or incident to the duties of their

office.

IV. Where Town Superintendents have improperly teacher, or have refused to grant or annul such certifi granted or annulled a certificate or qualification to a cate; and where they have undertaken to perform any official act, or refused to discharge any duty imposed by law or under its authority, in the inspection of teachers and visitation of schools.

V. Where Clerks of Districts, Clerks of towns, or other ministerial officers, refuse to perform any duty enjoined by the Common School Act.

VI. Where any other matter under the said act, shall be presented, either in consequence of disputes between districts respecting their boundaries, or any other sub

Appeals to the County Superintendents.ject; or in consequence of disputes between any offi

(The cases in which the courts will not entertain jurisdiction of complaints of erroneous proceedings under the school laws, and in which only a certiorari will lie, may be inferred from the decision of the Sup. Court in the case of Eaton and others, vs. Calendar, 11 Wend.

90.

laws concerning Common Schools, or disputes between cers charged with the execution of any duties under the them and any other person relating to such duties or any of them.

Under the 4th Section of the "Act respecting School District Libraries." (No. 183.)

"The plaintiff below was not without his remedy.
IR. S. 487, 110, 111 and the amendment of the law,
20th April, 1830, provides that "any person conceiving
himself aggrieved in consequence of any decision made
by the Trustees of any district in paying any teacher,
or concerning any other matter under the present title,"
(which includes the whole of the school act,) "may
appeal to the Superintendent of Common Schools whose
decision shall be final." This provision was intended
for what it practically is, a cheap and expeditious mode
of settling most, if not all, of the difficulties and dis-over library money to any district.
putes arising in the course of the execution of the law.
A common law certiorari would no doubt lie from this
court, to the trustees to bring up and correct any erro-
neous proceeding not concluded by an adjudication of
the Superintendent, or in a case where his powers were
inadequate to give the relief to which the party was en-
titled.)

of trustees or school districts concerning the Libraries,
VII. Appeals may be made from any act or decision
or the books therein, or the use of such books.
VIII. Any act or decision of the Librarian in respect
to the library.

IX. Any act or decision of any district meeting in relation to their library school.

X. Appeals also lie from the acts of Town Superintendents of Common Schools in withholding or paying

The passage of several acts of the Legislature renders necessary a revision of the regulations concerning appeals: And the following are therefore substituted for those heretofore established:

Under the 40th Section of the Act of 1941, relating to
Common Schools. (No. 161.)

XI. All proceedings under any authority conferred by this act upon any of the officers connected with the Common Schools, and all omissions and refusals to perform any duty enjoined by said act, is subject to appeal in the same manner and with the like effect as in cases arising under the 110th section above referred) to.

BY WHOM APPEALS ARE TO BE MADE. XII. The person aggrieved by the act complained of, Any inhabitant of a School District conceiving him- only, can appeal. Generally, every inhabitant of a disself aggrieved, in consequence of any proceeding or de-trict is aggrieved by the wrongful act or omission of a cision of any School District meeting, or of the town Trustee or Town Superintendent, by which money or

property is disposed of, or not secured for the benefit of the district. But no one is aggrieved by another being included in a tax list or rate bill, although other inhabitants are by the omission of one who should be taxed; and appeals may be made by trustees, in behalfpend them so as to defeat the object of the appeal. of their districts, whenever they are aggrieved.

money in their hands claimed to belong to any person, or any other District, after the copy of an appeal is served on them in relation to such claim, they must retain such moneys to abide the result, and must not ex

XXIV. Whenever a decision is made by the County Superintendent, and communicated to the Town Su perintendent of Common Schools, respecting the forthemation, division or alteration of Districts, he must cause the decision to be recorded in the office of the Town Clerk. All other decisions communicated to him, or to the Trustees of Districts, are to be kept among the official papers of the Clerk of the Town or District and handed over to his successors; and the district Clerks are required to record all such as come to their

FORM AND MANNER OF PROCEEDING. XIII. An appeal must be in writing and signed by appellant. When made by the trustees of a district, it must be signed by all the trustees, or a reason must be given for the omission of any, verified by the oath of the appellant, or of some person acquainted with such

reason.

XIV. A copy of the appeal, duly verified, and of all the statements, maps and papers intended to be pre-hands in the District book kept by them. sented in support of it, must be served on the officers whose act or decision is complained of, or some one of them; or if it be from the decision or proceedings of a district meeting, upon the district clerk or one of the trustees, whose duty it is to cause information of such appeal to be given to the inhabitants who voted for the decision or proceeding appealed from.

XVI. The party on whom the appeal was served, must within ten days from the time of such service, answer the same, either by concurring in a statement of facts with the appellant, or by a separate answer. Such statement and answer must be signed by all the Trustees, or other officers, whose act, omission, or decision is appealed from, or a good reason on oath must be given for the omission of the signature of any of them, verified by oath, and a copy of such answer must be served on the appellants or some one of them.

APPEALS TO THE STATE SUPERINTENDENT. XXV. The following regulations respecting the mode of bringing an appeal from the decision of the County Superintendent are hereby prescribed in pursuance of the authority conferred by the seventh section of the

late act.

XV. Such service must be made within thirty days Whenever any party to an appeal shall be desirous of after the making of the decision, or the performance of appealing to the Superintendont of Common Schools the act complained of: or within that time, after the from the decision of any Couuty Superintendent, such knowledge of the cause of complaint came to the appel-party shall, within fifteen days after service of a copy lant, or some satisfactory excuse must be rendered for of such decision, serve a written notice upon such the delay. County Superintendent either personally or by leaving the same at his residence, of his or their intention to appeal from such decision. Such County Superinten dent shall, within ten days thereafter, transmit to the Superintendent of Common Schools, a statement setting forth all the allegations and proofs of the respective parties before him, or the originals or certified copies of such papers as were presented on such appeal, together with a copy of his decision thereon, for which be shall be entitled to receive the sum of one dollar, to be paid by the party appealing on service of notice of his intention to bring said appeal. The respective County Superintendents shall annually render a correct account of the money so received by them, verifed by their oath, to the boards of supervisors of their counties: who, in their discretion may deduct the said amount from the postage account of such Superintendent. The final decision of the Superintendent in the premises shall be XIX. A copy of the answer, and of all the statements, communicated by the County Superintendent to the remaps and papers intended to be presented in support spective parties, on application by them, or either of of it, must be served upon the appellants or some one them. The bringing of such appeal from the decision of them, within ten days after service of a copy of the of the County Superintendent, shall not operate as a appeal, unless further time be given by the County Su- stay of proceedings, unless such stay shall be specially perintendent, on application, in special cases; but no directed by such County Superintendent; in which replication or rejoinder shall be allowed, except by per-case a copy of the order staying such proceedings shall mission of the County Superintendent, and in reference be served upon the opposite party. exclusively to matters arising upon the answer, and which may be deemed by such County Superintendent pertinent to the issue: in which case such replication and rejoinder shall be duly verified by oath and copies thereof served on the opposite party.

XVII. So far as the parties concur in a statement no oath will be required to it. But all facts, maps or papers, not agreed upon by them and evidenced by their signature on both sides, must be verified by oath. XVIII. All oaths required by these regulations must be taken before a Judge of a Court of Record, a Commissioner of Deeds, or a Justice of the Peace.

XX. Proof or admission of the service of copies of the appeal, answer and all other papers intended to be used on the bearing of such appeal must, in all cases, accompany the same.

XXI. When any proceeding of a District Meeting is appealed from; and when the inhabitants of a District generally are interested in the matter of the appeal; and in all cases where an inhabitant might be an appellant, had the decision or proceeding been the opposite of that which was made or had; any one or more of such inhabitants may answer the appeal, with or without the Trustees.

XXII. Where the appeal has relation to the alteration or formation of a School District, it must be accompa. nied by a map, exhibiting the site of the school house, the roads, the old and new lines of Districts, the diffe rent lots, the particular location and distance from the school houses, of the persons aggrieved; and their relative distance if there are two or more school houses in question. Also, a list of all the taxable inhabitants in the District or territory to be affected by the question: the valuation of their property taken from the last assessment roll, and the number of children between five and sixteen belonging to each person, distinguishing the Districts to which they respectively belong.

COUNTY SUPERINTENDENTS. The object of the Legislature in requiring the appointment of superintendents for the several counties of the State, may be expressed in the terms of the recommendation of that measure; that they should personally visit the schools; give counsel and instruction as to their management; discover errors and suggest the proper remedy; animate the exertions of teachers, trustees and parents, and impart vigor to the whole system. All writers on public education concur in the decided opinion that effectual inspection and supervision are more essential to the proper management of schools, and more indispensable to their improvement than any, or all other agencies combined. This high duty will now devolve chiefly on the county superintendents. If they realize its vast importance, and bring to its discharge a firm resolution to regard only the great interests confided to their bands, they will become the honored means of extending and sustaining a cause, on which depends the happiness and prosperity of the people, and the perpetuity of our institutions.

Their duties are so connected with the interests of others, and are so liable at times to conflict with the opinions and prejudices of those with whom they will associate, that the greatest prudence will be required to prevent unfavorable impressions at the commencement of a system so new, and by many but imperfectly understood. As their usefulness will depend mainly on the influence they shall be able to exercise upon the officers and teachers of schools, and upon parents and the inhabitants of districts generally, they will endea vor to deserve that influence by their deportment, and

XXIII. When the copy of the appeal is served, all proceedings upon or in continuation of the act complained of, or consequent in any way upon such act, must be suspended, until the case is decided. So where any de-studiously to avoid every thing which may impair it.cision concerning the distribution of public money to one or more Districts is appealed from, the Town Superintendent must retain the money which is in dispute until the appeal is decided. And where Trustees have

Hence it will be indispensable that they should abstain wholly and absolutely from all interference in any lo. cal divisions, or in any questions by which the commu. nity in any town or district may be agitated; and al.

ment.

though they cannot be expected to abandon their politi-school, on the part of the inhabitants, and all those otn. cal sentiments, yet it is obvious that any participation er particulars which go to form the character of the in measures to promote the success of any political par- school, and to determine the amount of mental and ty, will not only diminish their influence, and impair moral influence which it is to exercise on its inmates. their usefulness, by exciting suspicion of the objects of But if, from the number of districts which it is made his their movements and measures, but will expose the of-duty to visit, he cannot accomplish this amount of lafice they hold to a vindictive hostility that will not cease|bor, and at the same time faithfully discharge the addiuntil it is abolished. The intelligence of our people tional obligations devolved upon him by the existing will not tolerate the idea of the agents of public in- law, it is far better that he should restrict his visita. struction becoming the emissaries of partisan manage-tions to a number to which he can do full justice, than that he should nominally conform to the strict require. The subordination of pupils, the good order of the ment of his instructions, by making a flying visit to all schools, and the success of the whole system, depend the districts, without leaving any abiding, permanent upon the harmonious co-operation of all the officers impression of utility upon any. Let what is accomcharged with the performance of duties under it, and plished be accomplished thoroughly; what is done, be upon the maintenance of their authority in the respec-well done; and the temporary inconvenience which any tive spheres of their duty. The teacher must be re- one or more districts may sustain from a failure on the spected by his scholars; and to insure this, they must part of the county superintendent to reach them in any be impressed with a conviction of his authority to go- given period, will be more than counterbalanced by the vern them. The trustees of districts, and officers of amount of good effected when he does appear among towns, are to be sustained, and their authority respect them. All embarrassments arising from this source, ed in their appropriate departments, so as to insure the may, however, in most cases, easily be averted by the greatest degree of efficiency Organization, and a cen-appointment of two superintendents, under the section tral communication, will accomplish much in giving referred to. uniformity and regularity to the system but after all,

:

Schools.

more is to be done by local efforts and public sentiment, I. Visiting the Districts and Inspecting the especially in providing competent teachers and in filling the schools. It should, then, be the great object of the county superintendents to encourage and sustain these local efforts; to guide and enlighten the public opinion; and to interest parents in those institutions which are so seriously to affect the moral and intellectual character of their offspring.

To attain these purposes, it will be advisable for them to avail themselves of every proper opportunity to deli. ver familiar addresses in public, upon the importance of our primary schools, the necessity of attention to them, and the means of promoting their success. In their present condition, the points that seem to require the most attention are, First, The employment of good teachers; Second, The attendance of all the children in the schools during the whole time they are open; and, Third, The elevation of the standard of ed

ucation.

The statute makes it the duty of every county superintendent, "to visit and examine all the schools, and school districts committed to his charge, as often in each year as may be practicable, having reference to the number of such districts." This language is understood to mean that the districts and schools are to be visited as often as their number will permit.

1. The act requires the superintendents to notify the town superintendents of the towns, of the time appointed to visit the schools; and to invite their attendance. The superintendents will also give notice to the trus tees of the districts, of the time when their schools will be visited. To enable them to comply with these pro visions, they should make a previous arrangement of their visits, in reference to the means of travelling, so as to reach as many districts as possible in the shortest They should impress upon parents, that cheap teach-time; and for this purpose they will find it necessary to ers cannot be good teachers, until all the principles of divide their counties into sections. Having fixed the human action are reversed, and until men cease to pur-time for visiting the schools in one or more sections, sue those employments which render the test returns for their talent and industry. From the employment of good teachers, other results will necessarily follow: particularly a more extended range, and a higher de gree of instruction. These will, inevitably, fill the schools, by drawing pupils from those private and select establishments which are founded chiefly to supply the deficiencies of the common schools, and which ordinarily operate so much to their injury.

they should at once give ample notice, by transmitting a copy of their arrangement to the town superintendents of the towns embraced within it, and request them to communicate to the trustees of districts, information of the time appointed for inspecting their schools, or in some other way give publicity to their plans. It is presumed that publishers of newspapers would cheerfully insert such notices gratuitously. They have ever been found ready to render their assistance to disseminate By the fourth section of the late act, the board of su-information calculated to promote the interests of the pervisors of any county in which there are more than one hundred and fifty school districts, (including those The inhabitants of the district, and particularly pajoint districts, the school houses of which are located rents who have children attending the school, should be within the county,) are authorized to appoint two coun-invited to be present at the inspection by the superinty superintendents; in which case they are to divide the county into two convenient districts, and to assign a superintendent to each. Each county in the State, is, however, to have one county superintendent, upon penalty of being deprived of its share of the public money, unless otherwise directed by this department.

common schools.

tendent and trustees of districts are hereby required, whenever they receive information of an intended visit, to communicate it as generally as possible to the inhabitants. Their attendance will afford an opportunity for the public addresses of the superintendents, before suggested.

The appointment of two county superintendents wher- 2. Examination of the School.-Preparatory to this, ever the number of districts in any county shall exceed the superintendent should ascertain from the teacher one hundred and fifty, is strongly recommended. No the number of classes; the studies pursued by each; the one person can do full justice in the supervision of a routine of the school; the successive exercises of each greater number of schools during the limited periods for class during each hour of the day; the play spells alwhich they are annually kept open; and unless the su-lowed, &c., and thus obtain a general knowledge of the pervision is thorough in all respects; unless the coun- school, which will be found greatly to facilitate his subty superintendent has made himself familiarly and inti- sequent duties. Every superintendent is enjoined to mately acquainted with the resources, administration, call for and examine the list of scholars in the book and capabilities of every one of the schools which he which the statute requires the teacher to keep, in order visits; unless he has been enabled to detect and remove that he may see whether the names are correctly and by judicious counsel and friendly advice, every materi- neatly entered. He will also examine the day roll and al obstacle to the prosperity and success of the school; the weekly roll, which by the preceding regulations, to develop all its advantages, and to give to it the teachers are directed to preserve, and will ascertain means for attaining to an equality with those of the by the proper inquiries, whether they are exact in enterhighest grade, the great object for which his office was ing all who are present. created. has not been accomplished. It is, on every acThe superintendent will then hear each class recite count, desirable that the county superintendent should, the ordinary lesson of the day. It will then be examinonce at least in every year, and oftener if practicable, ed on the subjects of study. Generally it will be better visit every district within bis jurisdiction; thoroughly to allow the teacher to conduct the exercises and examinspect its school; satisfactorily ascertain the qualifi-inations, as the pupils will be less likely to be intimi cations of the teacher, and the facilities for instruction dated, and an opportunity will be given of judging of at his command; the condition of the school house and the qualifications of the instructers. its appurtenances; the condition and prospects of the library; the degree of interest manifested towards the

To enable him to compare the school with itself at another time, and with other schools, and to comply

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