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the several school districts, no share shall be allotted to any district, part of a district or separate neighborhood, from which no sufficient annual report shall have been received for the year ending on the last day of December immediately preceding the apportionment.
No. 35-($10.] In making the apportionment of public money, it shall be duty of the town superintendent to designate the respective proportions of teachers and library money belonging to each district, and to pay over as much as is designated teachers' money, on the written order of a majority of the trustees of each district, to the teachers entitled to receive the same.
No. 36-[$11.] No moneys shall be apportioned and paid to any district or part of a district, except by special permission of the state superintendent of common schools, unless it shall appear by such report that a school had been kept therein for at least six months during the year ending at the date of such report, by à qualified teacher;' that no other than a duly qualified teacher had at any time during the year for more than one month been employed to teach the school in said district; and that all moneys received during that year have been applied to the payment of the compensation of such teacher; and no portion of the library money shall be apportioned or paid to any district or part of a district, unless it shall appear from the last annual report of the trustees that the library money received at the last preceding apportionment was duly expended according to law, on or before the first day of October subsequent to such apportionment.
No. 37-[$ 11.] Every teacher shall be deemed a qualified teacher who shall hold a certificate dated within one year from the superintendent of common schools for the town in which such teacher shall be employed, or who shall have in possession a state or county certificate of qualification or a diploma from the state normal school.2
No. 38-[$ 13.1 No part of such moneys shall be apportioned or paid to any separate neighborhood adjoining another state, unless it shall appear from the report of its trustees that all moneys received by them during the year ending at the date of such report have been faithfully applied, in paying for the instruction of children residing in such neighborhood.
No. 39--[$ 14.] Whenever an apportionment of the public money shall not be made to any school district, in consequence of any accidental omission to make any report required by law, or to comply with any other provision of law, or any regulation, the state superintendent may direct an apportionment to be made to such district, according to the equitable circumstances of the case, to be paid out of the public money on hand; or if the same shall have been distributed, out of the public meney to be received in a succeeding year.
No. 40-[$ 15.] If after the time when the annual reports are required to be dated, and before the apportionment of the school
(1) Laws of 185.), chap. 151, $ 5. (2) Laws of 1849, chap. 382, § 11.
moneys shall have been made, a district shall be duly altered, or a new district be formed in the town, so as to render an apportionment founded solely on the annual reports, unjust, as between two or more districts of the town, the town superintendent shall make an apportionment among such districts, according to the number of children in each, over the age of four, and under twenty-one years, ascertaining that number by the best evidence in his power.
No. 41-[$ 16.] The provisions of the foregoing section shall extend to all cases where a school district shall have been formed at such time previous to the first day of January, as not to have allowed a reasonable time to have kept a school therein for the term of six months, such district having been formed out of a district or districts in which a school shall have been kept for six mouths by a teacher duly qualified, during the year preceding the first day of January
No. 42-[$ 17.]. All moneys apportioned by the town superintendent, to the trustees of a district, part of a district, or separate neighborhood, which shall have remained in the hands of the town superintendent for one year after such apportionment, by reason of the trustees neglecting or refusing to receive the same, shall be added to the moneys next thereafter to be apportioned by the town superintendent, and shall be apportioned and paid therewith in the
No. 43-[$ 18.] In case any school moneys received by the town superintendent cannot be apportioned by him, for the term of two years, after the same are received, by reason of the non-compliance of all the school districts in his town with the provisions of this title, such moneys shall be returned by him to the county treasurer, to be by him apportioned and distributed, together and in the same manner with the moneys next thereafter to be received by him for the use of common schools.
No. 44-[$ 19.] It shall be the duty of the town superintendent in each town, between the first day of July and the first day of August in each year, to make and transmit to the county clerk a report in writing, bearing date on the first day of July, in the year of its transmission, and stating,
1. The whole number of school districts and neighborhoods separately set off within the town :
2. The districts, parts of districts and neighborhoods from which reports shall have been made to him, or his immediate predecessor in office, within the time limited for that purpose :
3. The length of time a school shall have been kept in each of such districts or parts of districts, distinguishing what portion of that time the school shall have been kept by qualified teachers:
4. The amount of public moneys received in each of such districts, parts of districts and neighborhoods :
5. The number of children taught in each, and the number of ehildren over the age of four and under twenty-one years, residing in each :
6. The whole amount of moneys received by him, or his predecessor in office, during the year ending at the date of such report, and since the date of the last preceding report; distinguishing the amount received from the county treasurer, and from any other and what source :
7. The manner in which such moneys have been expended, and whether any, and what part remains unexpended, and for what cause :
8. The amount of money paid for teachers' wages, in addition to the public money paid therefor, the amount of taxes levied for purchasing school-house sites, for building, hiring, purchasing, repairing and insuring school-houses, for fuel and supplying deficiencies in rate bills, for district libraries, or for any other purposes allowed by law, in the districts, parts of districts and neighborhoods from which reports shall have been received by him or his immediate predecessor in office, with such other information as the state superintendent may from time to time require, in relation to the districts and schools within his town.
No. 45—[$ 20.] Town superintendents who neglect to furnish the information required by the last preceding section, shall severally forfeit to the town for the use of the commom schools therein, the sum of ten dollars, to be sued for by the supervisor of the town.
No. 46——[$ 21.] In case the town superintendent in any town shall not, on or before the first day of August, in any year, make such report to the clerk of the county, it shall be his duty to give immediate notice of such neglect to the clerk of such town.
No. 47-[$ 22.] The town superintendent neglecting to make such report within the limited period, shall forfeit to the town, for the use of the common schools therein, the sum of ten dollars; and the share of school moneys apportioned to such town for the ensuing year, may, in the discretion of the state superintendent be withheld, and be distributed among the other towns in the same county, from which the necessary reports shall have been received.
No. 48--[$ 23.] When the share of school moneys apportioned to a town, shall thus be lost to the town, by the neglect of its town superintendent, the town superintendent guilty of such neglect, and his sureties shall be liable for the full amount so lost with interest.
No. 49-($ 24.] It shall be the duty of the supervisor of the town, upon notice of such loss, from the state superintendent or county treasurer, to prosecute without delay, in the name of the town, for such forfeiture ; and the moneys recovered shall be distributed and paid by such supervisor to the several districts, parts of districts, or separate neighborhoods of the town, in the same manner as it would have been the duty of the town superintendent to have distributed and paid them, if received from the county
No. 50-[$ 25.7 The town superintendent in each town, shall keep a just and true account of all school moneys received and expended by him during eåch year for which he shall have been chosen, and shall lay the same before the board of auditors of town accounts at the annual meeting of such board, in each year.
No. 51-[8 26.] The town superintendent of common schools in each town shall, within fifteen days after the termination of his office, render to his successor in office, a just and true account, in writing, of all school moneys by him received, before the time of rendering such account, and of the manner in which the same shall have been appropriated and expended by him; and the account so rendered shall be delivered by such successor in office to the town clerk, to be filed and recorded in his office.
No. 52--[8 27.] On rendering such account, if any balance shall be found remaining in the hands of the town superintendent, the same shall immediately be paid by him to his successor in office.
No. 53-[$ 28.] If such balance, or any part thereof, shall have been appropriated by the town superintendent to any particular school district, part of a district or separate neighborhood, and shall remain in his hands for the use thereof, a statement of such appropriation shall be made in the account so to be rendered, and the balance paid to such successor in office, shall be paid over by him, according to such appropriation.
No. 54-[$ 29.] Such successor in office may bring a suit in his name of office for the recovery, with interest, of any unpaid balance of school moneys, that shall appear to have been in the hands of any previous town superintendent on leaving his office, either by the accounts rendered by such town superintendent, or by other sufficient proof, and in case of the death of such town superintendent, such suit may be brought against his representatives.
No. 55-[$ 30.] The town superintendent in each town, shall have the powers and privileges of a corporation, so far as to enable him to take and hold any property transferred to him, for the use common schools in such town.
No. 56—[$ 10.] Town superintendents are hereby authorised to administer oaths in all cases relating to school district affairs and controversies, but shall not be entitled to charge any fees therefor. 1
No. 57—[3 31.] The town superintendent shall be entitled to receive one dollar and twenty-five cents per day for every day actually and necessarily devoted by him in his official capacity, to the service of the town for which he may be chosen, the same to be paid in like manner as other town officers are paid.
Of the duty of Town Olerks. No. 58-[$. 32.] It shall be the duty of the Town Clerk of each town,
1. To receive and keep all reports made to the town superintendent from the trustees of school districts, and all the books anp
(1) Laws of 1849, chap. 382, § 10.
papers belonging to the town superintendent, when required, and to file them in his office:
2. To receive all his estimates and apportionments of school money, and to record the same in a book to be kept for that purpose :
3. To notify the town superintendent, upon receiving notice from the county clerk that he has not made his annual report, for the purpose of making such report.
Of Inspection and Supervision by Town Superintendents. No. 59-[$ 33.] The town superintendent in each town shall be the inspector of common schools therein, and every town superintendent, during his continuance in office, shall be deemed a qualified teacher. 1
No. 60--[8 34.] It shall be his duty to examine all persons offering themselves as candidates for teaching common schools in such town.
No. 61-($ 35.] In making such examination, it shall be the duty of the town superintendent to ascertain the qualification of the candidate, in respect to moral character, learning and ability.
No. 62-[$ 36] If he shall be satisfied in respect to the qualifications of the candidate, he shall deliver to the person so examined, a certificate signed by him, in such form as shall be prescribed by the state superintendent.
No. 63—[$ 37.] The town superintendent may annul any such certificate given by him or his predecessors in office, when he shall think proper, giving at least ten days' previous notice in writing to the teacher holding it, and to the trustees of the district in which he may be employed, of his intention to annul the same.
No. 64-[$ 38.] The town superintendent, whenever he shall deem it necessary, may require a re-examination of all or any of the teachers in his town, for the purpose of ascertaining their qualifications to continue as such teachers.
No. 65-($ 39.] The annulling of a certificate shall not disqualify the teacher to whom it was given, until a note in writing thereof, containing the name of the teacher, and the time when his certificate was annulled, shall be made by the town superintendent, and filed in the office of the town clerk.
No. 66-[$ 40.] When any school district shall be composed of parts of two or more towns, the town superintendent of the town in which the school house of such district may be situated, shall examine into and certify the qualifications of any teacher offering to teach in such district, in the same manner as is provided by the preceding sections of this article, and may also in the same manner annul the certificate of such teacher; and nó school
(1) Laws of 1849, chap. 382, $ 9.