§ 89. The board of trustees shall divide the said commissioners into three classes, to be denominated first, second and third, and shall designate to which class each person so appointed shall belong. The term of office of the first class shall expire on the last Monday in April next thereafter; of the second in one year; and the third, two years from the said last Monday in April.

§ 90. There shall be elected at the next annual election thereafter, two commissioners of schools, and each year thereafter the like number, to supply the places of those whose term is about to expire: such person so appointed or elected as aforesaid, shall hold their offices till successors shall be duly elected and qualified, and the term of office shall be two years, except when elected or appointed to fill a vacancy.

§ 91. The board of trustees may make appointments to fill vacancies, which may occur from any cause other than the expiration of the term of office of those elected. The commissioners so appointed shall hold their offices for the unexpired term of those, to supply whose places they are appointed.

§ 92. The president of the board of trustees, together with the said commissioners, shall constitute a board to be styled "The Board of Education of the village of Salem," and shall be a corporate body in relation to all the powers and duties conferred or imposed by law. In the absence of said president, such board may appoint one of their number to preside. A majority of such baard shall be a quorum, No member of such board shall receive any compensation for his services. The clerk of said village shall be clerk of said board.

§ 93. The clerk of said board of education shall keep a record of the proceedings thereof, and perform such other duties as the board may prescribe; such record or a transcript thereof, certified by such clerk under the seal of the said board, shall be presumptive evidence of the facts therein set forth; and such record, and all the books, accounts and proceedings of said board, shall be subject to the inspection of said board of trustees, and of any committee thereof. Such clerk shall also perform all the duties, and shall be vested with all the powers conferred or imposed by law on clerks of school districts in towns, so far as such laws may be applicable and can be applied to such village, and are not inconsistent with this act. He may appoint a deputy, who shall be vested with the same powers.

§ 94. The board of trustees aforesaid shall have power, and it shall be their duty, to raise from time to time by tax upon the taxable property and persons in such village, which shall be liable to taxation for county purposes, in addition to the amount now or hereafter to be provided by law for common schools in said village, such sums as may be determined and certified by said board of education to be necessary for any or all of the following purposes: 1. To purchase, lease, or improve sites for school houses and appurtenan

ces.

2. To build, purchase, lease, enlarge, alter, improve and repair school houses, and their out houses, and appurtenances.

3. To purchase, exchange, improve and repair school apparatus, books, maps and charts, furniture and appendages; provided, however, that class or text books shall not be furnished for any scholars whose parent or guardian shall be able to furnish the same.

4. To procure fuel and defray the contingent expenses of schools and of the school library.

5. To pay teachers' wages.

6. To pay charges or expenses incurred by law or necessary to carry this act into effect, or to refund loans contracted by law, and to pay the interest thereon, or to pay such sums as shall be required to fulfil any contract duly made under the provisions of this act.

95. The board of trustees shall cause the amount of such school tax to be added in a separate column, to the assessment roll for ordinary taxes in said village; and they shall cause the same to be assessed, levied and collected at the same time and by the same warrant, and in the same manner with the taxes raised for village purposes as aforesaid.

§ 96. All moneys raised for school purposes in said village and all belonging thereto, payable from other sources, shall be paid to the treasurer of said village, who together with the sureties on his official bond, shall be accountable therefor, in the same manner as for other moneys of the said village. The treasurer shall also be liable to the same penalties for any official misconduct in relation to such moneys, as for any similar misconduct in relation to other moneys of said village,

$97. The treasurer shall keep a separate account of all moneys in his hands or received for school purposes, to be called the "school fund." No payment shall be made out of that fund, except upon orders duly drawn in pursuance of a resolution of said board of education, and certified by the clerk, and countersigned by the president of said board. The treasurer shall in his annual report, state fully the account of all receipts and disbursements from that fund during the year,, and the balance, if any, in his hands. His account as to the school fund shall be examined by the board of education, annually, who shall report thereon to the trustees.

§ 98. The said board of education shall have power, and it shall be their duty:

1. To establish and organize such and so many schools in said village, including the common schools therein, as they shall deem requisite and expedient, and to alter and discontinue or change and consolidate the same.

2. To purchase or hire school houses and rooms and lots or sites for school houses, and to fence, improve and repair them as they shall judge expedient. 3. Upon such sites or lots, or upon any lots owned by said village, to build, enlarge, alter, improve and repair school houses, out houses and appurtenances, as they may deem advisable.

4. To purchase, exchange, improve and repair school apparatus, books for indigent pupils and for the school library, to provide fuel and lights, furniture and appendages for the schools, and defray their contingent expenses and the expenses of library.

5. To have the custody and safe-keeping of the school houses and all the school property aforesaid, and to see that the ordinances of the board o trustees in regard thereto be observed, and to report to them any violation thereof.

6. To contract with, examine, license and employ all teachers in the schools either high or common, and in all branches or departments thereof, and at their pleasure to remove them.

7. To pay the wages of such teachers out of the school moneys which shall be appropriated and provided by the said village, so far as the same shall be sufficient, and the residue thereof from the money authorized to be raised by this act by tax as aforesaid.

8. To defray the necessary contingent expenses of the board of education, provided that the account of such expenses shall be first audited and allowed by the board of trustees.

9. To have, in all respects, the superintendence, supervision and management of the schools aforesaid, to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, government and 'instruction, for the reception of pupils and their transfer from one school to another, and generally for their good order, prosperity and public utility.

10. Whenever, in the opinion of the board of education, it may be advisable to sell any of the school-houses, lots or sites, to report the same to the board of trustees.

11. To prepare and report to the board of trustees such ordinances and regulations as may be necessary and proper for the protection, safe-keeping, care and preservation of property held for school purposes, and to suggest proper penalties for the violation thereof; and annually to determine and certify to said board the sums, in their opinion, necessary to be raised for the several school purposes specified in this act.

12. To provide for the payment to any adjoining school district, or any person or persons entitled thereto, of any sum on account of such person, or or any part of said district being or having been included or connected with territory not now included in said village.

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13. Between the first day of July and the first day of August in each year, to make and file with the county clerk and with the clerk of said. lage, a report in writing, bearing date the first day of July in such year, and stating:

1. An account and description of all the schools kept in said village during the preceding year, and the time they have severally been taught.

2. The number of children taught in said school respective y, and designating the number over five and under sixteen years of age, residing in said village on the first day of January in said year.

3. The whole amount of school moneys received by the treasurer of said village during the year preceding, designating the amount received from the county treasurer, from the village collector and from other sources, specifying the same.

4.

The manner in which such moneys have been expended and whether any part remained unexpended with the amount and cause thereof.

5. The amount of moneys received for tuition fees from foreign pupils or others during the year; the amount paid for teachers' wages in the aggregate, and the amount over and above the public moneys, together with such other facts as relate to common schools as is required by law to be reported by town superintendents, or as said board of trustees shall deem neces

sary.

14. To establish, organize and maintain in said village, whenever in their opinion it shall be necessary a union or consolidated school, composed of primary and secondary schools and a high school, on such plan and under such discipline and management as they shall deem advisable; and in such case to prescribe the course of studies therein, and so arrange and regulate the system of instruction in each of said schools, that the transfer of pupils shall thereafter be from the primary, directly into the secondary and thence into the high school or otherwise as they shall deem advisable. And for the purposes aforesaid, said board shall be vested with all the powers and charged with all the duties and liabilities above specified in regard to schools generally.

And said board may organize and maintain primary, secondary or high schools, or either of them in, or cause the same to be taught in connection with the Washington academy on such terms and conditions, and for such time not exceding ten years, as shall be deemed expedient by and between said board of education and the trustees of such academy; such management shall, if made, be by contract duly executed by said parties, but no such contract shall be made without the assent of the board of trustees of said village; and in such case said board of education are vested with power to make such rules and regulations as they shall see fit as to the age or degree of scholarship required to enter said several departments, the compensation and payment therefor and other terms thereof, and the time of continuance therein.

§ 99. Such board of education shall have a standing committee, consisting of not less than three members, whose duty it shall be to visit said schools, and each department thereof, as often as twice every term, and to make report in writing to said board in regard thereto.

§ 100. The said board of education may permit children of persons not resident within said village, to attend said schools on such terms as they shall prescribe; and said board may, in the name of said village, sue for and recover of the father or mother, master or mistress, or other person under whose charge such child or children may be, all such sums as shall be so prescribed with costs of suit.

§ 101. The board of education shall be trustees of the district library or libraries in said village. All the provisions of law which now are or hereafter may be passed, relating to school district libraries, shall apply to the said commissioners and board of education, so far as the same are applicable and can be applied, and are not inconsistent with this act, in the same manner as if they were trustees of a school district composed of the said village. They shall be vested with the discretion as to the disposition of library moneys, which is by law conferred upon the inhabitants of school districts and they may consolidate the said libraries, or dispose of parts thereof, as deemed best. It shall be their duty to provide a library room or rooms, and the necessary furniture therefor, appoint a librarian, make all purchases of books, exchange or cause to be repaired all damaged books, and sell those deemed useless or of an improper character, and apply the proceeds to the purchase of others.

§ 102. No trustee of said village or member of said board of education shall be a contractor or be interested in any contract for building or making any erections or repairs authorized by this act, or furnishing materials therefor. All contracts made in violation hereof shall be void, so far as any. benefit may be realized therefrom by the offender, and such person shall forfeit to said village fifty dollars, to be recovered by them before any court having cognizance of the same, with costs.

§ 103. The board of trustees of said village may pass such ordinances and regulations as they may deem necessary, or as shall be reported by said board of education, for the protection, safe keeping, care and maintenance of the school-house or other property connected with the schools or property held or occupied or used for school purposes, and to impose penalties for the violation thereof, subject to the restrictions contained in this act; and all such penalties shall be collected in the same manner as other penalties imposed by said board, and when collected shall be paid to the treasurer, to the credit of the school fund, and be subject to the order of the board of education..

104. Whenever the said board of education shall report to the trustees that it is advisable to sell any of the school property as aforesaid, the said trustees shall sell the same as soon as may be, and upon such terms as said trustees shall deem best. The proceeds of all such sales shall be paid to the treasurer, to the credit of the school fund.

§ 105. The title of the school house and other school property aforesaid, shall be vested in the trustees of the village of Salem; and the same, while used or kept for use for school purposes, shall not be levied on or sold by virtue of any process, or be subject to taxation for any purpose; nor shall the same be incumbered or in any way disposed of, except as authorized by this act. The said village, in its corporate capacity, may take, hold or dispose of any real or personal estate, transferred to it by gift, grant or devise, for the use or benefit of said schools, or any of them, and whether the same shall be transferred, given, granted or devised in terms to said village by its proper style, or by any other designation, or to any other designation, or to any person or persons, or body, or otherwise, for the use or benefit of said schools or either of them.

§ 106. The town superintendent of commmon schools of the town of Salem, in making the apportionment of school or library moneys among the several districts in said town, shall allot to said village such sum as shall be its proportion of such moneys, considering such village as a regular school district of said town, and the report of the board of education as the report of its trustees. Such superintendent shall allot to said village, in the appor tionment to be made on the first Tuesday of April. 1851, such sum as school districts number eleven and twelve in said town would be entitled to, had said village not been consolidated into one district. All sums allotted as aforesaid shall be paid by said superintendent to the treasurer of said vil

lage, to the credit of the school fund aforesaid, at the same time and in the same manner as to trustees of school districts in said town.

§ 107. Said board of education shall between the first and fifteenth of January in each year, make and transmit a report in writing to the town superintendent of common schools of the town of Salem, bearing date on the first day of January in such year, and containing a statement of the name and age of each child residing in the said village, on the last day of December previous to the date of said report, over the age of five, and under that of sixteen years of age, except Indian children otherwise provided for by law; and the names of the parents or other persons with whom such children shall respectively reside, and the number of children residing with each. Such report shall be the only report required to be made in order to entitle such allotment as required in the last section. Said schools in said village, and said board of education, shall not in any other respect be bound to report to said superintendent; nor shall such schools, or the teachers thereof, be in anywise under his control or supervision.

$108.

In case said board of education shall contract with the trustees of the Washington academy as authorized in this act, they are further empowered to lease from said trustees the academy building and grounds adjacent, or contract for the joint or several occupation of the same, or so much thereof, or such privileges therein, or appertaining thereto, on such conditions, and for such time not exceeding two years, as they shall deem advisable. And they may pay in advance to such trustees such gross sum for the rent thereof, for such term as being calculated with a proper rebate for the advance payment shall be deemed by said board, no more than a fair equivalent for the use and occupation thereof for the purposes required under this act. And such sum as shall be necessary for the purposes aforesaid, not exceeding one thousand dollars, may be loaned by the comptroller to said village out of any moneys belonging to the common school fund, on receiving from the board of trustees of said village, the bond of said village therefor, payable in five equal payments with annual interest. The moneys received thereon shall be paid to the treasurer to the credit of the school fund, and shall be drawn out in the same manner as other moneys in that fund; provided, however, that no such contract shall be made, nor any loan obtained by said board of education, without the previous assent of the board of trustees of said village. In case said loan shall be made, said trustees shall annually raise during each of said five years, by tax in the same manner, and at the same time as other village taxes are raised, such sum as over and above the expenses of collection, will pay the several instalments, so to grow due on such loan, with the interest.

$109. Any contract, lease or agreement made or executed by said 'board of education, with the trustees of the Washington academy under the provisions of this act, may be vacated, modified or renewed by the parties aforesaid, by and with the assent of the board of trustees of said village; provided no renewal thereof shall be made for a term exceeding ten years at any one time.

§ 110. All the property, real and personal, belonging to the districts, number eleven and twelve, shall be and is hereby transferred to and vested in the trustees of the village of Salem for school purposes; and they are authorized to take the same into their possession, and hold, use and occupy the same, and exercise the same powers in regard thereto, as if they had purchased the same for school purposes under this act; and the present trustees and officers of said districts are hereby required to deliver possession thereof, and of all books, papers and vouchers connected therewith to said board, and said board may sue for and recover the same with costs of suit of any person having the same or any part thereof.

$111. All debts and legal liabilities of said school districts number eleven and twelve, shall be audited, paid, satisfied and discharged by said board of education out of the school fund.