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be a town charge), and to enter therein all his receipts and disbursements of school moneys, specifying from whom and for what purposes they were received, and to whom and for what purposes they were paid out; and to deliver the book to his successor in office.

TITLE 5.

account

town clerk

6. Within fifteen days after the termination of his To file office, to make out a just and true account of all school with the moneys theretofore received by him and of all disburse- and notify ments thereof, and to deliver the same to the town clerk, to be filed and recorded, and to notify his successor in thereof. office of such rendition and filing.

his successor

count, and

7. So soon as the bond to the county treasurer, by the third article of the third title of this act required, shall have been given by him and approved by the treasurer, To procure to deliver to his predecessor the treasurer's certificate of predecesthese facts, to procure from the town clerk a copy of his sorsa predecessor's account, and to demand and receive from demand him any and all school moneys remaining in his hands. 8. Upon receiving such a certificate from his successor, and not before, to pay to him all school moneys remain- cessor ing in his hands, and to forthwith file the certificate in remaining the town clerk's office.

and receive moneys. When to

pay to suc

moneys

in his

hands.

cover pen

forfeit

9. By his name of office, when the duty is not elsewhere To sue for imposed by law, to sue for and recover penalties and for- and refeitures imposed for violations of this act, and for any de- aties and fault or omission of any town officer or school district board or officer under this act; and after deducting his To report costs and expenses, to report the balances to the school commiscommissioner.

ures.

balance to

sioner.

Erection

tion of a school

10. To act, when thereto legally required, in the erec- or altera tion or alteration of a school district, as in the sixth title of this act provided, and to perform any other duty which district. may be devolved upon him by this act, or any other act relating to common schools.

TITLE V.

OF THE DUTIES OF THE TOWN CLERK UNDER THIS ACT.

SECTION 1. It shall be the duty of the town clerk of Duties of each town:

1. Carefully to keep all books, maps, papers and records of his office touching common schools, and forthwith to report to the supervisor any loss of or injury to any of them which may happen.

town clerk.

TITLE 5. 2. To receive from the supervisor the certificates of apportionment of school moneys to the town, and to record them in a book to be kept for that purpose.

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3. Forthwith to notify the trustees of the several school districts and separate neighborhoods, of the filing of each such certificate.

*4. To see that the trustees of the school districts and separate neighborhoods make and deposit with him their annual reports within the time prescribed by law, and to deliver them to the school commissioner on demand; and to furnish the school commissioner of the school commissioner district in which his town is situated, the names and post-office address of the school district officers reported to him by the district clerks.

5. To distribute to the trustees of the school districts and separate neighborhoods, all blanks and circulars which shall be delivered or forwarded to him by the state superintendent or school commissioner for that purpose.

6. To receive from the supervisor, and record in a book kept for that purpose, the annual account of the receipts and disbursements of school moneys required to be submitted to the town auditors together with the action of the town auditors thereon, and to send a copy of the account and of the action thereon, by mail, to the superintendent of public instruction, whenever required by him, and to file and preserve the vouchers accompanying the ac

count.

7. To receive and to record, in the same book, the supervisor's final account of the school moneys received and disbursed by him, and deliver a copy thereof to such supervisor's successor in office.

8. To receive from the outgoing supervisor, and file and record in the same book, the county treasurer's certificate, that his successor's bond has been given and approved.

9. To receive, file and record the descriptions of the school districts and neighborhoods, and all papers and proceedings delivered to him by the school commissioner pursuant to the next title of this act.

10. To act, when thereto legally required, in the erection or alteration of a school district, as in the next title of this act provided.

+11. To receive and preserve the books, papers and

*As amended by sec. 5, chap. 647, Laws of 1865.

+ Original sub-division 11 stricken out by sec. 18, chap. 617, Laws of 1865.

TITLE 6.

To pre

records of any dissolved school district, which shall be ordered, as hereinafter provided, to be deposited in his serve office.

records of

dissolved

12. To perform any other duty which may be devolved district. upon him by this act, or by any other act touching common schools.

charges

§ 2. The necessary expenses and disbursements of the Clerk's town clerk in the performance of said duties, are a town and excharge, and shall be audited and paid as such,

TITLE VI.

penses.

OF THE FORMATION,

DISSOLUTION

AND ALTERATION OF

SCHOOL DISTRICTS AND SEPARATE NEIGHBORHOODS.

Commis

sioner's duties in

SECTION 1. It shall be the duty of each school commissioner, in respect to the territory within his district: respect to 1. To divide it, so far as practicable, into a convenient school disnumber of school districts, and alter the same as herein provided;

tricts.

joint dis

2. In conjunction with the commissioner or commis- To set off sioners of an adjoining school commissioner district or tricts. districts, to set off joint districts composed of adjoining parts of their respective districts;

neighbor

3. To set off by itself any neighborhood adjoining any To set off other state of the Union, where it shall be found most hood. convenient for the inhabitants to send their children to a school in such adjoining state;

and de

tricts.

4. To describe and number the school districts, and To number joint districts, and to deliver, in writing, to the town scribe disclerk, the description and number of each district lying in whole or in part in his town, together with all notices, consents and proceedings relating to the formation or alteration thereof, inmediately after such formation or alteration. Every joint district shall bear the same number in every school commissioner district of whose territory it is in part composed.

5. To deliver to the town-clerk of the town in which To deliver descripit lies, in whole or in part, a description of each such tion of separate neighborhood.

separate neighbor

May alter

§ 2. With the written consent of the trustees of all hood. the districts to be affected thereby, he may, by order, districts alter any school-district within his jurisdiction, and fix, with conby said order, a day when the alteration shall take effect. trustees.

* As amended by sec. 5, chap. 406, Laws of 1867.

TITLE 6. When trus

to give consent.

* § 3. If the trustees of any such district refuse to contees refuse sent, he may make and file with the town-clerk his order making the alteration, but reciting the refusal, and direct ing that the order shall not take effect, as to the dissenting district or districts, until a day therein to be named, and not less than three months after the notice in the next section mentioned.

Procedure on the refusal of trustees to

tion of a

school-dis

trict.

+ 4. Within ten days after making and filing such order, he shall give at least a week's notice in writing to one or the altera more of the assenting and dissenting trustees of any district or districts to be affected by the proposed alterations, that at a specified time, and at a named place within the town in which either of the districts to be affected lies, he will hear the objections to the alteration. The trus tees of any district to be affected by such order may request the supervisor and town clerk of the town or towns within which such district or districts shall wholly or partly lie, to be associated with the commissioner. At the time and place mentioned in the notice, the commissioner or commissioners, with the supervisors and town-clerks, if they shall attend and act, shall hear and decide the matter; and the decision shall be final, unless duly appealed from. Such decision must either confirm or vacate the order of the commissioner, and must be filed with and recorded by the town clerk of the town or towns in which the district or districts to be affected shall lie.

Fees of supervisor

5. The supervisor and town clerk shall be entitled and town each, to one dollar and fifty cents a day, for each day's service in any such matter, to be levied and paid as a charge upon their town.

clerk.

Formation

of joint districts.

Alteration

or dissolution of a

joint district.

§ 6. Whenever it may become necessary or convenient to form a school district out of parcels of two or more school commissioner districts, the commissioners of such districts, or a majority of them, may form such district; and the commissioners within whose districts any such school district lies, or a majority of them, may alter or dissolve it.

§ 7. If a school commissioner, by notice in writing, shall require the attendance of the other commissioner or commissioners, at a joint meeting for the purpose of altering or dissolving such a joint district, and a majority of all the commissioners shall refuse or neglect to attend, the commissioner or commissioners attending, or any one

* As amended by sec. 6, chap. 406, Laws of 1867.
+ As amended by sec. 6. chap. 647, Laws of 1865.

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of them, may call a special meeting of such school district, for the purpose of deciding whether or no such district. shall be dissolved; and its decision of that question shall be as valid as though made by the commissioners.

TITLE 6.

Consolida

§ 8. When two or more districts shall be consolidated tion of into one, the new district shall succeed to all the rights of districts. property possessed by the annulled districts.

to sell

annulled

9. When a district is parted into portions, which are Supervisor annexed to other districts, its property shall be sold property of by the supervisor of the town within which its school- districtshouse is situate, at public auction, after at least five days' notice, by notices posted in three or more public places of the town in which the school-house is, one of which shall be posted in the district so dissolved. The supervisor, after deducting the expenses of the sale, shall apply its proceeds to the payment of the debts of the district, and apportion the residue, if any, among the owners or possessors of taxable property in the district, in the ratio of their several assessments on the last corrected assessment-roll or rolls of the town or towns, and pay it over accordingly.

to sue

standing

§ 10. The supervisor of the town within which the Supervisor school-house of the dissolved district was situate may for outdemand, sue for, and collect, in his name of office, any moneys. money of the district outstanding in the hands of any of its former officers, or any other person; and after deducting his costs and expenses, shall report the balance to the school commissioner, who shall apportion the same equitably among the districts to which the parts of the dissolved districts were annexed, to be by them applied as their district meetings shall determine.

district to

law for

affairs.

§ 11. Though a district be dissolved, it shall continue Dissolved to exist in law, for the purpose of providing for and pay- exist in ing all its just debts; and to that end the trustees and settlement other officers shall continue in office, and the inhabitants of its may hold special meetings, elect officers to supply vacancies, and vote taxes; and all other acts necessary to raise money and pay such debts shall be done by the inhabitants and officers of the district.

etc., to be

with town

§ 12. The commissioner, or a majority of the commis- Records, sioners in whose district or districts a dissolved school dis- deposited trict was, shall by his or their order in writing, delivered clerk. to the clerk of the district, or to any person in whose possession the books, papers and records of the district, or

* As amended by sec. 14, chap. 567, Laws of 1875.

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