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THE general duties of this officer are particularly specified in $ 74 of the school act, (No. 102.) He is to keep, in a book to be provided by the district, a record of the proceedings of each annual and special meeting held in his district: to give notice of the time, place and object of such meetings in the manner prescribed by law, and to preserve all records, books and papers relating to the district, and deliver the same, on the expiration of his official term, to his successor.
By $ 66 of the Laws of 1847, (No. 88, he is to notify a special meeting for the election of officers, whenever the time for holding the annual meeting has passed without such election being held; and generally it his duty to give the necessary legal notices of a district meeting, whenever required to do so by a majority of the trustees. The purpose and object of such meetings should in all cases be set forth in general terms; and this is specially required by law, when a meeting is called for the purpose of changing the site and removing the school-house in an unaltered district. [See No. 95.] And also when a tax is to be levied for the purchase of books for a district library.
By $ 69, (No. 91,) it is declared that the proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent.” But this provision will not exonerate a clerk from liability for gross neglect; nor will it sanction an intentional omission to give notice.
Notices of annual and special meetings must be given at least five days before the day on which such meetings are directed to be held; that is, the notices for a meeting to be held on Saturday for instance, must be given on or before the preceding Monday.
In the case of annual meetings, or special meetings wbich have been adjourned for a longer time than one month, a notice in writing, affixed in at least four public places in the district, is sufficient, but notices of special meetings must be personally served on each inhabitant of the district liable to pay taxes, (which includes, of course, every legal voter in the district,) “by reading the notice in the hearing of such inhabitant, or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time and place of sueh meeting, at the place of his abode. (8 55, No. 77.)
Forn of Notice for Annual Meeting.
Notice is hereby given, that the annual meeting for the election of officers in District No.
in the town of
and for the transaction of such other business as the meeting may deem necessary, will be held at the school-house in said district on Monday, the
at six o'clock, P. M. Dated this
A. B., District Clerk.. Form of a Notice for an adjourned District Meeting, to be posted
up in four public places in the District
SCHOOL DISTRICT NOTICE.
Notice is hereby given, that a meeting of the freeholders and inhabitants of school district No. in the town of authorized by law to vote therein, will be held at
on the next, [or instanti
, as the case may be,] at o'clock in the
noon, pursuant to adjournment. Dated this
A. D. 18
A. B. District Clerk.
Form of a Notice for a Special District Meeting.
at a meeting held for the purpose, have resolved that a special meeting be called at the school-house, on the
18 at o'clock in the noon of that day, for the purpose of (choosing a collector in the place of A. B., removed, or whatever the object of the meeting may be,) and for the transaction of such other business as the meeting may deem necessary.
You will therefore notify each inhabitant of the district entitled to vote therein, by reading this notice in his hearing, or if he is absent from home, by leaving a copy of it, or so much as relates to the time and place of meeting, at the place of his abode, at least five days before such meeting. Dated at this
The district clerk of each school district in this state, is, by a regulation of the department, required within ten days after each annual or special meeting for the election of officers in his district, to forward to the town clerk, the names of the several officers elected at such meeting, and the offices to which they were respectively elected. The omission to do so, however in no respect invalidates the election or proceedings of the officers so chosen.
In pursuance of g 32, of the act of 1841, the District School Journal is forwarded by mail, to the clerk of each district, whose duty it is, by that section, to cause each volume to be bound at the expense of the district, and to deposit the same in the district library. He or one of the trustees is therefore bound to take the paper from the post-office, punctually, paying the postage, quar.
terly in advance: and the amount so paid, being an expenditure authorized by law, may be added by the trustees to any tax list thereafter made out for district purposes, and refunded to the clerk, or trustee paying it. Great care should be taken to secure the regular receipt and careful preservation of the numbers, which will be sent on the first of each month ; and with this view, the clerk should stitch them together in covers, as soon as they arrive; and in no case permit them to be taken out of his custody, although any inhabitant of the district should be allowed free access to them, for the purpose of perusal, at all proper hours. The same precautions should be observed, and the same freedom of access and perusal allowed, in respect to the volume of Laws and Instructions, the volume of Common School Decisions and Laws heretofore published, and all other books, papers and documents belonging to the district, and placed under his official control.
They will observe that heavy penalties and forfeitures are incurred by them, under $ 145 of the act of 1847, (No. 168, for neglect of any duty devolved upon them by law; and that they are made individually responsible for any loss that may accrue to their district, in consequence of such neglect, or omission.
COLLECTORS OF SCHOOL DISTRICTS.
It is the duty of the collector of each district to collect and pay over to the trustees of his district, some or one of them, all moneys which he shall be required by warrant to collect, within the time limited by such warrant for its return, and to take the receipt of such trustee or trustees, for such payment.
When required by the trustees, such collector is to execute a bond with one or more sureties, for the due and faithful performance of his duty.
1. JURISDICTION OF THE COLLECTOR.
By $ 103, of the act of 1847, (No. 126,) the jurisdiction of the collector in the execution of his warrant, extends to any other district or town in the same county, or in any other county in the case of a joint district composed of parts of two or more counties, “in the same manner, and with the like authority, as in the district for which he was chosen or appointed.”
2. MODE OF PROCEEDING IN THE COLLECTION OF TAXES.
By various provisions of the school act collectors are authorized and required, in the execution of warrants, delivered to them for the collection of tax lists to collect the amount due from the respective persons named in such warrants, in the same manner that
collectors of towns are authorized to collect town and county taxes. This is specifically pointed out by the following extracts from the 13th chapter of the first volume of the Revised Statutes, (pages 397, 398.)
"§ 1. Every collector, upon receiving the tax list and warrant, shalt
proceed to collect the taxes therein mentioned, and for that purpose shall call at least once on the person taxed, or at the place of his usual residence, if in the town or ward for which such collector has been chosen, and shall demand payment of the taxes charged to him on his property.
"§ 2. In case any person shall refuse or neglect to pay the tax imposed on him, the collector shall levy the same by distress and sale of the goods and chattels of the person who ought to pay the same, or of any goods and chattels in his possession, wheresoever the same may be found within the district of the collector ; and no claim of property to be made thereto by any other person shall be available to prevent a sale.
"§ 3. The collector shall give public notice of the time and place of sale, and of the property to be sold, at least six days previous to the sale, by advertisements to be posted up in at least three public places in the town where such sale shall be made. The sale shall be by public auction.
"§ 4. If the property distrained shall be sold for more than the amount of the tax, the surplus shall be returned to the person in whose possession such property was when the distress was made, if no claim be made to such surplus by any other person. If any other person shall claim such surplus on the ground that the property sold belonged to him, and such claim be admitted by the person for whose tax the same was distrained, the surplus shall be paid to such owner ; but if such claim be contested by the person for whose tax the property was distrained, the surplus moneys shall be paid over by the collector to the supervisor of the town, who shall retain the same until the rights of the parties shall be determined by due course of law."
“No replevin shall lie for any property, taken by virtue of any warrant for the collection of any tax, assessment or fine, in pursuance of any statute of this state.” -2d R. S. page 522, sec. 4.
These provisions must, however, be subject to the action of congress, on a subject which by the Constitution is within its jurisdiction. The constitution in express terms gives to congress the power “to provide for organizing, arming and disciplining the militia."
By the act of congress of May 8, 1792, vol. 2, Laws of the U. S. 298,) every citizen enrolled in the militia is required to provide himself with the following accoutrements, viz: “a good musket or firelock, a sufficient bayonet and belt, two spare flints and a knapsack, a pouch with a box therein, to contain not less than twentyfour cartridges suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with
a good rifle, knapsack, shot pouch and powder horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder :" and the commissioned officers are required to be armed with a sword or hanger, or espontoon; and it is declared that
every citizen so enrolled and providing himself with the arms, ammunition and accoutrements required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales for debt or for the payment of taxes.”
By the laws of this state (chap. 6, part 3, title 5, § 22, vol. 2, R. S.) the “arms and accoutrements required by law to be kept by any person," as well as a variety of other articles therein specified, are exempt from execution but not from distress from taxes. The only exemption, therefore, from the operation of a collector's warrant on a tax list, arises under the act of Congress before quoted; and this can only be extended to the arms, ammunition and accoutrements therein specified.
In the collection of warrants on rate-bills, all property exempted by section 22 of article two, title five, chapter six of part three of the Revised Statutes, is exempt from levy and sale on such war
For the extent of such exemption see ante pages 215, 216. The collector or other officer who executos process, has peculiar protection. He is protected, although the court or officer issuing such process, have not, in fact, jurisdiction of the case; if on the face of the process it appears that such court or officer had jurisdiction of the subject matter, and nothing appears in such process to apprise the officer, but that there was jurisdiction of the person of the party affected by the process. Savacool vs. Boughton, 5 Wendell's Reports, 170.
By $ 100, (No. 123,) of the school act, it is the duty of the collector, upon receiving his warrant, for two successive weeks to receive such taxes as may be voluntarily paid to him ; and in case the whole amount shall not be so paid in, the collector shall forthwith proceed to collect the same. He shall receive for his services, on all sums paid as aforesaid, one per cent, and upon all sums collected by him after the expiration of the time mentioned, five per cent; and in case a levy and sale shall be necessarily made by such collector, he shall be entitled to travelling fees, at the rate of six cents per mile, to be computed from the school house in such district.
Where trustees receive payments on tax lists or rate-bills, they are regarded as receiving the same as the agents of the collector ; and the latter is entitled to his percentage on the amount so received, and may legally collect it by virtue of his warrant. The collector is also entitled to his percentage on the amount paid by the trustees, notwithstanding no actual exchange of funds is made between the latter and the former.--Per Young, Superintendent 1843.
A teacher, if otherwise eligible, may be collector ; but he cannot charge a percentage on voluntary payments of his own wages.Id.