Trustees ers time institute. shall be ing the institute is taught in pupil at during the school is so directed to give the teacher or teachers employed by them TITLE 11. the whole of the time spent by such teacher or teachers in directed to attending at any regular session or sessions of an institute give teachin a county embracing the school district, or a part spent at thereof, without deducting any thing from his or their wages for the time so spent, and in order to secure to teachers the full exercise of this privilege, after the twentieth day of August, eighteen hundred and eighty-five, all schools in school districts and parts of school districts, not included within the boundaries of an incorporated city, shall be closed during the time a teachers' institute Schools shall be in session in the same county in which such schools closed durare situated, and, in the apportionment of public school time an money, the schools thus closing in any school term shall be allowed the same average pupil attendance during such the county. time, as was the average during that part of the term Average when the school was not thus closed, and any school con tendance tinuing its sessions in violation of the above provision shall time the not be allowed any public money based upon average closed. pupil attendance during the days the school was thus kept in session. Trustees and boards of education in such Trustees to school districts and parts of school districts shall report, in their annual reports to the school commissioners, the number of days and the dates thereof on which a teachers' institute was held in their counties during the school year, and whether schools under their charge were or were not closed during such days; and whenever the trustees' re port shows that a district school has been supported for the full time required by law, including the time spent by when disthe teacher or teachers in their employ in attendance upon complied such institute, and that the trustees have given the teacher with the or teachers the time of such absence, and have not de- intendent ducted any thing from his or their wages on account clude the thereof, the superintendent of public instruction may in- district in clude the district in his apportionment of the state school tionment moneys, and direct that it be included by the school com-money. missioner or commissioners in their apportionment of school moneys; provided, always, that such school district be in all other respects entitled to be included in such apportionment. report, etc. trict has law super may in the appor of public payment. § 6. The treasurer shall pay, on the warrant of the Mode of comptroller, to the order of any one or more of the school commissioners, such sum or sums of money as the superintendent of public instruction shall certify to be due to them for expenses in holding a teachers' institute; TITLE 12. and, upon the like warrant and certificate, to the order of any persons employed by the superintendent to conduct and teach any teachers' institute, his reasonable compensation as certified by the superintendent. To transmit cata the super 7. The school commissioner or commissioners by logue and whom any teachers' institute shall be organized, shall report to transmit to the superintendent of public instruction a intendent. catalogue of the names of all persons who shall have attended such institute, with such other statistical information in such form and within such time, as may be prescribed by said superintendent. Any person may appeal. From what. Ibid. Ibid. Ibid Superin tendent's decision final. Power of superintendent. TITLE XII. ON APPEALS TO THE SUPERINTENDENT OF PUBLIC INSTRUC TION. SECTION 1. Any person conceiving himself aggrieved in consequence of any decision made: 1. By any school district meeting; 2. By any school commissioner or school commissioners and other officers, in forming or altering, or refusing to form or alter, any school district, or in refusing to apportion any school moneys to any such district or part of a district; 3. By the supervisor in refusing to pay any such moneys to any such district; 4. By the trustees of any district in paying or refusing to pay any teacher, or in refusing to admit any scholar gratuitously into any school; 5. By any trustees of any school district library concerning such library, or the books therein, or the use of such books; 6. By any district meeting in relation to the library; 7. By any other official act or decision concerning any other matter under this act, or any other act pertaining to common schools, may appeal to the superintendent of public instruction, who is hereby authorized and required to examine and decide the same; and his decision shall be final and conclusive, and not subject to question or review in any place or court whatever. § 2. The superintendent, in reference to such appeals, shall have power: 1. To regulate the practice therein; TITLE 13. 2. To determine whether an appeal shall stay pro- when apceedings, and prescribe conditions upon which it shall or peal shall shall not so operate; stay proceedings. 3. To decline to entertain, or dismiss, an appeal, when it shall appear that the appellant has no interest in the matter appealed from, and that the matter is not a mat- when ter of public concern, and that the person injuriously appeal will affected by the act or decision appealed from is incom- tertained. petent to appeal; 4. To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or necessary to give effect to his decision. shall fille §3. The superintendent shall file, arrange in the order Superinof time, and keep in his office, so that they may be at all tendent times accessible, all the proceedings on every appeal to papers. him under this title, including his decision and orders founded thereon; and copies of all such papers and pro- decision ceedings, authenticated by him under his seal of office, may be shall be evidence equally with the originals. TITLE XIII. MISCELLANEOUS PROVISIONS. Copies of attested by School penalties SECTION 1. Whenever the share of school moneys or any portion thereof, appropriated to any town, school moneys. district or separate neighborhood, or any money to which for their a town, school district or separate neighborhood would loss. have been entitled, shall be lost, in consequence of any willful neglect of official duty by any school commissioner, town clerk, trustees or clerks of school districts, the officer or officers guilty of such neglect shall forfeit to the town, school district or separate neighborhood so losing the same, the full amount of such loss with interest thereon. neglect to 82. Where any penalty for the benefit of a school dis- Penalty for trict, or of the schools of any school district, town, prosecute. school commissioner district, or county, shall be incurred, and the officer or officers whose duty it is by law to sue for the same, shall willfully and unreasonably refuse or neglect to sue for the same, such officer or officers shall forfeit the amount of such penalty to the same use, and it shall be the duty of their successor or successors in office to sue for the same. TITLE 13. Penalty for school or meeting. §3. Any person who shall willfully disturb, indisturbing terrupt or disquiet any district school or school meeting school in session, or any persons assembled, with the permission of the trustees of the district, in any district schoolhouse, for the purpose of giving or receiving instruction in any branch of education or learning, or in the science or practice of music, shall forfeit twenty-five dollars for the benefit of the school district. Procedure. Penalty. Actions against school officers. 4. It shall be the duty of the trustees of the district, or the teacher of the school, and he shall have power, to enter a complaint against such offender before any justice of the peace of the county, or the mayor or any alderman, recorder or other magistrate of the city wherein the offense was committed. The magistrate or other officer before whom the complaint is made, shall thereupon by his warrant, directed to any constable or person, cause the person complained of to be arrested and brought before him for trial. If such person, on the charge being stated to him, shall plead guilty, the magistrate shall convict him; and if he demands a trial by the magistrate, shall summarily try him; and, if he demands a trial by jury, the magistrate shall issue a venire, and impanel a jury for his trial, and he shall be tried in the same manner as in a court of special sessions. § 5. If any person convicted of the said offense do not immediately pay the penalty, with the costs of the prosecution, or give security to the satisfaction of the magistrate for the payment thereof within twenty days, the magistrate or other officer shall commit him to the common jail of the county, there to be imprisoned until the penalty and costs be paid, but not exceeding thirty days. $6. In any action against a school officer or officers, including supervisors of towns, in respect of their duties and powers under this act, for any act performed by virtue of or under color of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the subject of an appeal to the superintendent, no costs shall be allowed to the plaintiff, in cases where the court shall certify that it appeared on the trial that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent. *As amended by sec. 24, chap. 406, Laws of 1867. TITLE 13. Actions by officers, Action without direction 87. Whenever the trustees of any school district or any school district officer or officers have been or shall be school instructed by a resolution of the district at a meeting costs and called for that purpose, to defend any action brought allowed. against them, or to bring or defend an action or proceeding touching any district property or claim of the district, or involving its rights or interests, or to continue any such action or defense, all their costs and reasonable expenses, as well as all costs and damages adjudged against them, shall be a district charge and shall be levied by tax. If the amount claimed by them be disputed by a district meeting it shall be adjusted by the county judge of any county in which the district or any part of it is situated. 88. Whenever such trustees or any school district officer shall have brought or defended any such action or pro- of district, ceeding, without any such resolution of the district meet- expenses ing, and after the final determination of such suit or proceeding, shall present to any regular meeting of the inhabitants of the district an account in writing of all costs, charges and expenses paid by him or them, with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting shall so direct, it shall be the duty of the trustees to cause the same to be assessed upon and collected of the taxable property of said district, in the same manner as other taxes are by law assessed and collected; and when so collected, the same shall be paid over, by an order upon the collector, to the officer or officers entitled to receive the same; but this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent of public instruction. how paid. district re + 9. Whenever an officer or officers mentioned in the When the last preceding section of this act shall have complied with fuse, what the provisions of said section, and the inhabitants shall action. have refused to direct the trustees to levy a tax for the payment of the costs, charges and expenses therein mentioned, it shall be lawful for him or them then and there to give notice orally and publicly, that he will appeal to the county judge of the county, and in case of his disability to act in the matter by being disqualified or otherwise, then to the district attorney of the county in which the schoolhouse of said district is located, from the refusal of said meeting to vote a tax for the payment of said claim, and the inhabitants may then and there, or at any subsequent *As amended by chap. 174, Laws of 1878. + As amended by sec. 1, chap 746, Laws of 1871. |