Page images

town superintendent, during the quarter commencing on the

day of 185 . ' ' ' ' ' . . . . . . . - . Teacher.

Sworn (or affirmed) and subscribed ...} . . . day of 185 , before me. §

Teachers cannot demand payment of their wages until the col" dector has had thirty days to collect them.—Com. School Dec. 101" A teacher may employ necessary means of correction to maintain order ; but he should not dismiss a scholar from school without consultation with the trustees.—Id. 145. . . . . . . . . . . . . . . . . . . If a teacher's certificate is annulled, the trustees are at liberty to dismiss him, and to rescind their contract with him. But if they continue him in school, after notice that his certificate has been annulled, it will be regarded as such a continuance of the contract, that they will not be allowed at a subsequent period to dispute it. Contracts by trustees for teachers' wages are binding upon successors in office.—Id 191; 282. Teachers, though not, strictly speaking, inhabitants of the district where they are located, should be allowed to participate in all the privileges and benefits of the district libraries.-Per SPENCER, Supt, 1841. = The convenience and accommodation of many, if not of most of the inhabitants of the several districts, would be essentially promoted by placing the charge of the library, temporarily with the teacher, during the term of his or her employment, and depositing it in some convenient and safe place in the school-house. This arrangement can only be carried into effect by the concurrence of the trustees and librarian, and under their supervision. Generally, the teacher, not being an inhabitant of the district, cannot be chosen librarian. But where the trustees and librarian have sufficient confidence in the teacher and in the safety of the books, when left at the school-house, they will find this arrangement in many respects conducive to the convenience of the district. The authority of the teacher to punish his scholars, extends to acts done in the school-room, or play-ground, only ; and he has no legal right to punish for improper or disorderly conduct elsewhere. —Per SPENCER, Sup’t. Teachers may open and close their schools with prayer, and the reading of the Scriptures, accompanied with suitable remarks ; taking care to avoid all discussion of controverted points, or sectarian dogmas. . . . . . . Where a teacher is dismissed by the trustees for good cause, he can collect his wages only up to the period of his dismissal. The teacher of a school has necessarily the government of it ; and he may prescribe the rules and principles on which such government will be conducted. The trustees should not interfere with the discipline of the school except on complaint of misconduction . 18 -

the part of the teacher ; and they should then invariably sustain such teacher, unless his conduct has been grossly wrong—Per' SPENCER, Sup’t ... - : ; Where a teacher agrees to collect his own wages he will be concluded by such an agreement, and will not afterwards be permitted to call on the trustees to enforce the collection of any part of such bill by rate-bill.——Id. . . " Where a teacher contracts with the trustees of a district to teach . their school for a given sum per scholar, he is entitled to charge the trustees that sum for each scholar attending the school during the quarter, without reference to the number of days’ attendance ; provided such scholar has not been detained from school during the greater portion of the term, by illness or unavoidable casualty.— The trustees however, must graduate their rate-bill against the inhabitants sending to school, by the number of days attendance, to be ascertained from the verified list of the teacher.—Per YouNG $ool, may be kept on Sunday for the benefit of those persons who observe Saturday as holy time , and the teacher must be paid for that day by those who send to school,-Com, School Dec. 138. . . . . . . The holydays on which a teacher may dismiss his school are such, as it is customary to observe, either throughout the country or in particular localities; among which may be enumerated the Fourth of July, Thanksgiving, Christmas, New-Year's, &c.—Id. 139. The teacher may also, unless restrained by special contract to the contrary, dismiss his school on the afternoon of each Saturday, or the whole of each alternate Saturday, according to the particular custom of the district in that respect, or his own convenience and that of the inhabitants.-Id. The practice of inflicting corporal punishment upon scholars, in any case whatever, has no sanction but usage. The teacher is responsible for maintaining good order, and he must be the judge of the degree and nature of the punishment required where his authority is set at defiance. At the same time he is liable to the party injured for any abuse of a prerogative which is wholly derived from custom—Per JoHN A. DIx, Sup’t. Common School Decisions, ! 02. " .



The cases in which the courts will not entertain jurisdiction of complaints of erroneous proceedings under the school laws, and in which only a certiorari will ie, may be inferred from the decision of the Supreme court in the case of Easton and others, vs Calender,

11 Wend. 90. “The plaintiff below was not without his remedy.

1 R. S. 487, $110, 111 and the amendment of the law, 20th April 1830, provides “that any person conceiving himself aggrieved in con

sequence of any decision made by the Trustees of any district in paying any teacher; or concerning any other matter under the present title,” (which includes the whole of the school act,) “may appeal to the Superintendent of Common Schools, whose decision shall be final.” This provision was intended for what it practically is, a cheap and expeditious mode of settling most, if not all, of the difficulties and disputes arising in the course of the execution of the law. A common law certiorari would no doubt lie from this court, to the trustees to bring up and correct any erroneous proceeding not concluded by an adjudication of the Superintendent, or in a case where his powers were inadequate to give the relief to which the party was entitled.” .

The passage of several acts of the Legislature renders necessary a revision of the regulations concerning appeals: And the following are therefore substituted for those heretofore established :


I. Where any decision has been made by any School District meeting. . .

This includes the whole class of cases, in which district meetings have the power to decide on any proposition or motion that may legally be made to them, under any section of the School Act.

II. Where any decision has been made by the Town Superintendent of Common Schools, or by him and the Supervisor and Town Clerk, in forming or altering, or in refusing to form or alter any School sistrict, or in refusing to pay any school moneys to any district, and under the general provision, “concerning any other matter under the present title,” appeals will also lie from the proceedings of such Town Superintendent in any erroneous distribution of public money, in paying it to any district not entitled, or more than it is authorized to receive ; and in fact any official decision, act or proceeding, and from a refusal to discharge any duty imposed by law, or the regulations of the Superintendent, or incident to the duties of his office. - . .

III. Where any decision has been made by trustees of school districts in paying any teacher, or refusing to pay him, or in refusing to admit any scholar gratuitously into the school: And under the same general provision referred to, in improperly admitting any Scholar gratuitously, in making out any tax list, or rate-bill, or in any act or proceeding whatever, which they undertake to perform officially ; and also for the refusal to discharge any duty enjoined by law, or any regulation of the Superintendent, or incident to the duties of their office, • .

IV. Where Town Superintendents have improperly granted or annulled a certificate or qualification to a teacher; or have refused. to grant or annul such certificate; and where they have undertaken to perform any official act, or refused to discharge any duty imposed by law or under its authority, in the inspection of teachers and visitation of schools. . .

W. Where Clerks of Districts, Clerks of Towns, or other ministerial officers, refuse to perform any duty enjoined by the Common School Act. . . . . . . . . . . . . -

VI. Where any other matter under the said act, shall be presented, either in consequence of disputes between districts respecting their boundaries, or any other subject; or in consequence of disputes between any officers charged with the execution of any duties under the laws concerning Common Schools, or disputes between them any other person relating to such duties or any of them.

Under the 140th section “respecting School District Libraries,” (No. 159.) .

VII. Appeals may be made from any act or decision of trustees or school districts concerning the Libraries or the books therein, or the use of such books. . . . . . . . . VIII. Any act or decision of the Librarian in respect to the Library. . - IX. Any act or decision of any district meeting in relation to their school library. * , ; . . . . X. Appeals also lies from the acts of Town Superintendents of Common Schools in withholding or paying over library money to any district. - -


XII. The person aggrieved by the act complained of, oily, can appeal. Generally every inhabitant of a district is aggrieved by the wrongful act or omission of a trustee or town superintendent, by which money or property is disposed of, or not secured for the benefit of the district. But no one is aggrieved by another being inclu

ed in a tax list or rate-bill, although other inhabitants are by the omission of one who should be taxed; and appeals may be made by trustees, in behalf of their districts whenever they are aggrieved.


XIII. An appeal must be in writing and signed by the appellant. When made by the trustees of a district, it must be signed by all the trustees, or a reason must be given for the omission of any, verified by the oath of the appellant, or of some person acquainted with such reason. -- XIV. A copy of the appeal, duly verified, and of all the statements, maps and papers intended to be presented in support of it, must be served on the officers whose act or decision is complained of, or some of them ; or if it be from the decision or proceeding of a district meeting, upon the district clerk or one of the trustees, whose duty it is to cause information of such appeal to be given to the inhabitants who voted for the decision or proceeding appealed from. - . XV. Such service must be made within thirty days after the making of the decision, or the performance of the act complained of, or within that time, after the knowledge of the cause of complaint came to the appellant, or some satisfactory excuse must be rendered for delay. - - - r XVI. The party on whom the appeal was served, must within ten days from the time of such service, answer the same, either by concurring in a statement of facts with the appellant, or by a separate answer. Such statement and answer must be signed by all the trustees, or other officers, whose act, omission or decision is appealed from, or a good reason on oath must be given, for the omission of the signature of any of them, verified by oath, and a copy of such answer must be served on the appellants, or some one of them. A -- XVII. So far as the parties concur in a statement no oath will be required to it. But all facts, maps or papers not agreed upon by them and evidenced by their signature on both sides, must be verified by oath. - - . XVIII. All oaths required by these regulations must be taken before a judge of a court of record, a commissioner of deeds, a justice of the peace, or a town superintendent. \ XIX. A copy of the answer and of all the statements, maps and papers intended to be presented in support of it, must be served upon the appellants, or some one of them, within ten days after service of a copy of the appeal, unless further time be given by the state superintendent, on application, in special cases; but no replication or rejoinder shall be allowed, except by permission of the state superintendent, and in reference exclusively to matters arising upon the answer, and which may be deemed by such state superintendent pertinent to the issue: in which case such replication and rejoinder shall be duly verified by oath, and copies thereof served on the opposite party. . . . . XX. Proof or admission of the service of copies of the appeal, answer and all other papers intended to be used on the hearing of such appeal, must in all cases, accompany the same, XXI. When any proceeding of a district meeting is appealed from, and when the inhabitants of a district generally are interested in the matter of the appeal, and in all cases where an inhabitant might be an appellant, had the decision or proceeding been the opposite of that which was made or had ; any one of more of such inhabitants may answer the appeal, with or without the trustees. XXII. Where the appeal has relation to the alteration or formation of a school district, it must be accompanied by a map, exhib

« PreviousContinue »