EXTRACTS FROM OTHER STATUTES.

CHAPTER 4, OF 1918, AND AMENDMENTS.

THE TOWNS' INCORPORATION ACT.

SHORT TITLE.

1. This Act may be cited as "The Towns' Incorporation Act."

SCHOOLS.

151. The town shall be a separate school section, and the control and management of the public schools of the town shall be vested in a board of commissioners, who shall, subject to the provisions of this Act, have the powers and perform the duties conferred and imposed upon school trustees by the provisions of "The Education Act."

152. The town council shall at the first meeting after the annual election, or so soon thereafter as practicable, appoint three persons to be members of such board. At least two of the persons so appointed shall be members of the town council, and, at the time of every annual appointment, at least one of such persons, if there be one remaining in the town council, shall be re-appointed a member of such board.

153. (1) The commissioners of schools heretofore appointed by the Governor-in-Council shall continue to hold office for the terms for which they were respectively appointed, and upon the expiration of such terms, successors shall be appointed who shall hold office for three years, and every person ap pointed, unless for an unexpired term, shall hold office for three years, except as in this section otherwise provided.

(2) In the case of towns hereafter incorporated under this Act, the Governor-in-Council shall, after

the proclamation incorporating the town, appoint two persons, to act in conjunction with three persons to be appointed by the town council at its first meeting after incorporation, as school commissioners for the town, and the commissioners so appointed by the Governor-in-Council shall hold office until the first day of February next following.

(3) Upon the said first day of February the Governor-in-Council shall appoint two persons as such commissioners for the town, one of whom, to be named by the Governor-in-Council at the time of his appointment, shall retire at the end of two years, and the other shall hold office for three years, and every person thereafter appointed shall hold office for three years, unless appointed for an unexpired term.

(4) No person who is a member of the town council shall be appointed by the Governor-inCouncil as such commissioner, and any person appointed as such commissioner shall vacate his office as such on being elected a member of the town council.

(5) Women shall be eligible for appointment to the Board under the provisions of this and the preceding section.

154. In the event of a vacancy by death, resignation or otherwise, in the office of commissioner, the Governor-in-Council or the town council, as the case may be, shall appoint a person to hold office for the unexpired term, or for the term of three years, as the case may be.

155. The Board of commissioners shall, subject to the provisions of the Education Act, have the exclusive control and management of the public schools of the town, and shall have the management and control of the school buildings, including the maintenance and repair thereof. They shall appoint and dismiss teachers in such schools and employees in or about such buildings, and shall make all necessary regulations for the management and government of such schools.

156. (1) The town clerk shall be clerk and treasurer of the board. A chairman shall be chosen by the members of the board, at a meeting to be held on the second Tuesday of February in each year, at a time and place to be fixed by the clerk, and of which notice shall be given by him to every member of the board.

(2) The meeting so held may adjourn to a date not later than a week from that at which it is called, and in the event of no quorum being present at such meeting, the clerk shall appoint a subsequent time and place of meeting, of which notice shall be given by him to every member of the board, and a chairman shall be chosen at such meeting.

157. (1) The board shall, as soon as convenient after the annual election of mayor and councillors, furnish the town council with an estimate of all sums required for school purposes for the current year, including the sum required to meet the interest on any outstanding debentures or permanent indebtedness incurred on account of the purchase of school lands, the erection of school buildings, or other school purposes.

(2) (i) Except where any territory or school section, or part of a school section has been annexed to the town for school purposes under the provisions of the Education Act, (in this Act called annexed territory), the Town Council shall provide for the amount so estimated in the making of the annual rate and shall pay over such amount to the board on the warrant of the Chairman.

(ii) Where any territory or school section or part of a school section has been so annexed to the Town the amount so estimated shall in the manner hereinafter provided be rated on the income assessed according to

(a) the Town Assessment Roll in the case of residents of the Town at the time of the Town Assessment,

(b) the Municipal Assessment Roll in the case of residents of annexed territory at the time of the Municipal Assessment;

and on all the real and personal property situate within the school section formed by the Town and the annexed territory and assessed according to

(aa) the Town Assessment Roll in the case of property situate within the Town,

(bb) the Municipal Assessment Roll in the case of property situate within the annexed territory, without regard to the place where the owners of such property reside.

(3) The town council shall advance to the board all such sums as are found necessary to defray the current expenses of the public schools pending the collection of the rates, and such amounts shall be paid and received by the board on account of the amount so estimated and rated.

158. The estimate furnished by the commissioners as provided in the next preceding section, shall not include any expenditure for the construction of new buildings, the purchase of land nor expenditure for repairs or improvements of an extraordinary nature.

159. The treasurer of the board shall, upon the order of the chairman, pay out from time to time all such sums as are ordered, and all checks drawn for money payable for school purposes shall be signed by the town clerk and countersigned by the chairman.

160. (1) If the town council refuses or neglects to make provision for or pay over the sum estimated by the board to be necessary for school purposes, or if the board requires any portion of such sum before the same is realized from the annual rates, the board may borrow such sum, or so much thereof as is so refused or withheld, or is so required, from any bank

or person who will advance the same, and the amount so advanced may be recovered by the lender in an action against the town for money paid; or the board may obtain the same, or any part thereof, by the issue of a debenture or debentures in the form K in the first schedule to this Act, for such sum and term not exceeding five years, and at such rate of interest, as the board determines.

(2) Such debentures shall constitute a debt due by the town, and all sums required to pay the interest thereupon shall be included in the estimate of sums required for school purposes furnished by the board, under the provisions of this Act.

161. Debentures issued under the authority of the next preceding section shall be a charge upon all the property liable to taxation within the town and on the revenues of the town.

162. (1) If in the opinion of the board it is necessary to purchase land, construct any new school building, or effect any extraordinary improvements the board shall apply to the town council for authority to make such expenditure as is necessary for such

purpose.

(2) The council may, when authorized by a town meeting duly held in the manner provided by Section 143 of this Act, and without any application to the Legislature, borrow the money required for the purchase of land for school purposes, the erection of any new school building, or any extraordinary improvements so applied for by the board.

(3) All amounts so borrowed shall be repaid, with interest at a rate not exceeding six per centum per annum, by equal annual instalments, not exceeding twenty, and shall be a charge upon all the rateable property and revenues in and of the town.

(4) The council may issue debentures, with interest coupons attached, in the form L in the first schedule to this Act, for any money so borrowed, and