Resolved, That the sum of fifty dollars be raised by tax upon the said district, for the purchase of the site for a new school-house heretofore designated by the legal voters thereof.

Either or both of the above taxes may be raised, but cannot be expended before a site is purchased and a legal title procured.

A tax having been voted to build a school-house, the tax list made out and a warrant issued, the collection of the tax cannot be suspended by vote of a district meeting.-Com. School Dec., 68. But where no proceedings have been had in pursuance of such vote, it may be rescinded.-Id. 261.

Where a tax is voted in express terms, a direction subsequently given as to the time and manner of its collection, is void.-Id. 282.

Where the inhabitants of a school district authorize the trustees or any other person to select a site for a school-house, it is not a legal site until subsequently fixed by a vote of the inhabitants.-Id. 353.

Where the title to the site of a district school-house fails, a new site may be fixed by a majority vote, without the certificate of the Town Superintendent.-Id. 107, 132, 142, 195.

When the site of the school-house has been fixed, it may be changed by a majority of votes, at any time before the school-house is built or purchased.-Id. 182.

In voting a tax to purchsse a site, a sufficient sum may be included to cover all necessary expenses in perfecting the title to the premises.

The fact that the site of a school-house is covered by a mortgage does not affect the validity of the proceedings of a school meeting, in voting to build upon it; although upon timely application the Superintendent might not permit the house to be constructed until the lien was removed.

Where the title to the site of a school-house consists of a lease of the ground so long as it shall continue to be used for the purposes of a district school, if the inhabitants appropriate the land to any other purpose, it reverts to the grantor.

A contract for the purchase of land intended to be occupied as the site for a school-house, is not strictly a lease, although the vendee may for some purposes be regarded as a tenant. Where such

a contract is not executed by the performance of its conditions, it does not amount to a purchase. But where such conditions have been performed, the vendees have an equitable title, and the court of chancery would enforce the performance of the contract on the part of the vendor. A presumption in favor of such performance would, it seems, arise from the circumstance of long possession on the part of the district.

Where a school district has been altered, after the original establishment of its site, either by adding to or diminishing from its territory, so that the site is no longer central or convenient, such site

may be changed by a vote of a majority of the inhabitants of the district, at any meeting, annual or special; but after such change has been effected, and a new site established, and a new house built or purchased, the site cannot again be changed until some further alteration occurs in the boundaries of the district, without the consent of the Town Superintendent and a majority of the voters of the district, in the mode prescribed by the 73d section of the school act. [No. 95.]

The costs and expenses of a bill in equity to perfect the title to the site of a school-house, held under an agreement by the owner to convey, may legally be defrayed by a tax to be voted by the district.-Per YOUNG, Sup't.

Where the inhabitants of a school district have, by a vote to that effect, authorized the trustees to go on and make repairs, or to do any other lawful acts involving an expenditure of money, they will be required to save the trustees harmless, if the latter have acted in good faith. But where trustees undertake to do any act which they are not by law authorized to do, in the absence of any directions on the part of the district, it is at their own peril. The inhabitants may ratify their proceedings by a subsequent vote; but if they do not choose to do so,the trustees are without remedy.Com. School Dec. 41, 222.

A school-house built by subscription may, if under the control of the trustees, be kept in repair by a tax on the property of the district. Id. 47.

There can be no partnership in the erection of a school-house, which will prevent the district from controlling it entirely for the purposes of the district school.-Id. 201, 290.

No more money can be legally expended on a school-house than is necessary for common school purposes. An additional room can not be provided for a select school.—Id. 203.

A tax should not be voted by the inhabitants of a district for repairing the school-house, where the district has no title to the site, and the owner has forbidden the repairs to be made.-Id. 60, 187.

Nor should a tax to build a school-house be imposed or expended until the district has acquired such an interest in the site as to be able to control the house.-Id. 168.

A tax cannot be raised to build a school-house on a site selected without legal authority.-Baker v. Freeman, 9 Wendall, 36.

Where a school-house is built by subscription, a tax may be voted for its purchase, if the district has title to the site on which it stands. -Id. 193.

The rule of law is, that the right of property in all permanent erections upon lands, resides in the owner of the soil. The latter is therefore the legal owner of a school-house erected without his permission on his land. But if such school-house was originally placed there with his permission,the district has a right to direct its removal.-Per YOUNG, Supt.

The inhabitants of a district may legally vote a tax to enlarge their school house, notwithstanding it may already have cost $400, without a certificate from the Town Superintendent.-Id.

Where a school house is so decayed as in the opinion of a majority of the district to be no longer suitable for the purposes of the school, a tax may be voted in the usual manner for building a new one on the same site.-Per SPENCER, Sup't.

Inhabitants of school districts cannot, by a vote to that effect, authorize the trustees to provide fuel in any other mode than those prescribed by law. Com. School Dec. 264.

Nor can they dispose of any portion of the district property, unless in the cases and in the manner specifically pointed out by law.

Although the inhabitants of a district may direct the division of the teachers' money for the current year into portions, applicable to the respective school terms, they cannot so appropriate the money for the succeeding year: nor can they direct such division after its appropriation by the trustees on a specific.contract with a teacher.

A tax may be levied in a school district to build a wood house and necessary.Com. School Dec. 21.

Money cannot be raised by tax in a school district for contingent purposes.—Id. 233.

A tax to purchase a district library cannot be voted at a meeting of which no notice is required to be given: e. g. an adjourned meeting, where the adjournment is for a less period than one month. --Id. 286.

A tax cannot be laid to erect a building to be occupied jointly as a school house and a meeting house.--Id. 290.

When the whole amount of a tax raised for any additional purpose is not required for such purpose, the balance may be applied by vote of the district to any other authorized object.-Id. 315.

A tax cannot be voted for arrearages generally, or to reimburse trustees or other officers of the district for moneys expended by them, unless it appears by the vote that the money is to be applied to one of the objects for which taxes may by law be raised. Id. 316.

A vote of the district is necessary to raise by tax the excess beyond $400 certified to be necessary for building a school-house. Id. 339.

A tax may be voted for the erection of a fence around the school-house lot; and for a bell.

5. MODE OF PROCEEDING IN DISTRICT MEETING.

As a general rule, the punctual attendance of the inhabitants of the district should be secured by the organization of the meeting at the appointed hour, after making a fair allowance, say ten or fifteen minutes, for the variation of time-pieces; at the expiration

of which time, those in attendance, whatever may be their number, should organize, by the appointment of a moderator. Any number of inhabitants, however small, are, as before observed, competent to the transaction of the business for which the meeting was called; but if there be only a very small number present, it will be advisable to adjourn the meeting. The clerk of the district, if present, will act as clerk of the meeting; and in case of his absence, any other inhabitant of the district may be designated by the meeting to act as clerk pro tem. The inhabitants will then proceed to the transaction of the business for which they were convened.

Where the officers of the district are to be chosen, the choice should be by ballot, separately for each office; and this mode of proceeding should never be dispensed with where there is reason to believe any difference of opinion exists as to the proper person to be chosen. Where no such difference of opinion exists, it is still better to regard the choice by ballot as the regular mode, and when dispensed with in any individual case, it should be done by express resolution. All other business of the meeting should be transacted by written resolutions, regularly put to vote in the customary manner; and where, for any reason, the result cannot be accurately ascertained, the numbers voting for or against any resolution should be determined by a count, or by ayes and noes. For this purpose it would be well for the clerk to have always in readiness a list of the legal voters of the district, with a series of columns attached, to designate the manner in which each person votes on any question that may be submitted. When the site is to be changed in a district that has not been altered, the law specifically requires the vote to be taken by ayes and nays. Such list may be in the following form.

On change of On motion to On resolut'n On resolut❜n

6. MODE OF KEEPING MINUTES AND RECORDS OF THE PROCEEDINGS.

The person acting as clerk should keep accurate minutes of the proceedings on loose sheets of paper; and before the meeting is finally adjourned these minutes should be read and approved by the meeting, and signed by the moderator and clerk, and afterwards transferred into the record book of the district. The fol lowing general form may be used for this purpose:

Form of Minutes to be kept by the District Clerk, of proceedings of District Meetings.

At a meeting of the legal voters of school district number in the town of held pursuant to adjournment, at on the day of 18, [or, if it be the annual meeting, say "at an annual meeting of, &c., held pursuant to appointment and public notice, at," &c. Or if it be a special meeting, say, "at a special meeting of, &c., called by the trustees of said district, and pursuant to special notice, at, &c. on the day of, &c.,] A B. was chosen moderator, and C. D. was present as district cler (or if the clerk be not present, say E. F. was appointed clerk pro. tem. the district clerk being absent.)

Resolved unanimously, (or by a majority of voters present, as the case may be,) [here enter the proceedings of the district in the form of resolutions, and with as much precision and certainty as possible.]

Where the subject of a change of site in an unaltered district has been under discussion, and a determination had by the district, in the manner prescribed by law, the proceedings should be particularly recorded, in the following form :

of

At a meeting of the legal voters of district No. held at the school house, in pursuance of

day of

in the town notice to all 18 A. B. was

the legal voters therein, on the chosen moderator, and C. D. was present as district clerk, (or E. F. was appointed clerk pro. tem. the district clerk being absent.) The written consent of the Town Superintendent of common schools of the town having been read, stating that in his opinion the removal of the site of the school house in said district is necessary: And it having been moved and seconded that the present site of the school house in the said district be changed, and that the northeast corner of lot No. 10 in the said town, (or of the farm now occupied by A. B. on the N. E. corner, formed by the intersection of two certain roads, describing them,) be designated as the site of a school house for the said district, and the question taken by ayes and noes, it was carried, a majority of all those present at such special meeting voting for such removal, and in favor of such new site: Those who voted in the affirmative were John Morehouse, Thomas Budd, Wm. Carroll and Frederick Hough ; those who voted in the negative, were Jacob Curtis and Henry Bettis.

[In stating the ayes and noes, the christian names of the voters, should be given.]

[Or, and the question being taken by ayes and noes, it was lost, a majority of all those present at the meeting not voting in favor thereof. The votes are then to be stated as before.]

After changing the site of the school house in the manner before prescribed, the voters of the district, at the same or any