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8 To receive from the outgoing supervisor, and file and record in the same book, the county treasurer's certificate, that his successor's bond has been given and approved.

9 To receive, file and record the descriptions of the school districts, and all papers and proceedings delivered to him by the school commissioner pursuant to the provisions of this act.

10 To act, when thereto legally required, in the erection or alteration of a school district, as in title 6 of this act provided.

11 To receive and preserve the books, papers and records of any dissolved school district, which shall be ordered, as hereinafter provided, to be deposited in his office.

12 To perform any other duty which may be devolved upon him by this act, or by any other act touching common schools.

$2 The necessary expenses and disbursements of the town clerk in the performance of his said duties, are a town charge, and shall be audited and paid as such.

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TITLE V School commissioners; their election, powers and duties $1 The office of school commissioner is continued, and the present incumbents shall continue in office in their respective districts, for the residue of the terms for which they were elected or appointed.

$2 The school commissioner districts duly and legally organized, and as the same existed January 1, 1894, shall continue to be held and recognized as the school commissioner districts of the state until the same shall be altered or modified by the Legislature. No city shall be included in, or form a part of any school commissioner district. In any school commissioner district that contains more than 100 school districts, the board of supervisors may divide such commissioner district, within the county, and erect therefrom an additional school commissioner district; and when such district shall have been formed a school commissioner for such district shall be elected in the manner provided by law for the election of school commissioners.

$3 A school commissioner for each school commissioner district shall be elected by the electors thereof, at the general election in the year 1896, and triennially thereafter. Any person of full age, a citizen of the United States, a resident of the state, and of the county in which a school commissioner district is situated, shall be eligible to the office of school commissioner. No person shall be deemed ineligible to such office by reason of sex who has the

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other qualifications as herein provided. It shall be the duty of Certificate of county clerks, and they are hereby required, as soon as they shall forwarded to have official notice of the election or appointment of a school com. missioner, for any district in their county, to forward to the Superintendent of Public Instruction a duplicate certificate of such election or appointment, attested by their signature and the seal of the county.

$4 The term of office of such commissioner shall commence on Term of offic the first day of January next after his election, and shall be for three years, and until his or her successor qualifies. Every person elected to the office, or appointed to fill a vacancy, must take the Official oath oath of office prescribed by the Constitution, before the county clerk before any officer authorized to take, within this state, the acknowledgement of the execution of a deed of real property, and file it with the county clerk; and if he or she omit so to do, the office shall be deemed vacant.

$5 A commissioner may, at any time, vacate his or her office Resignations by filing his or her resignation with the county clerk. His or her removal from the county, or the acceptance of the office of Vacating supervisor, town clerk or trustee of a school district, shall vacate his or her office.

$6 The county clerk, so soon as he has official or other notice Vacancies of the existence of a vacancy in the office of school commissioner, shall give notice thereof to the county judge, or, if that office be vacant, to the Superintendent of Public Instruction. In case of a vacancy the county judge, or, if there be no county judge, then the Superintendent shall appoint a commissioner, who shall hold his office until the first of January succeeding the next gen. eral election, and until his successor, who shall be chosen at such general election, shall have qualified. A person elected to fill a vacancy shall hold the office only for the unexpired term.

$7 Every school commissioner shall receive an annual salary Annual of $1000, payable quarterly out of the free school fund appropriated for this purpose.

$8 Whenever a majority of the supervisors from all the towns Increase of composing a school commissioner district shall adopt a resolution to increase the salary of their school commissioner beyond the $1000 payable to him from the free school fund, it shall be the duty of the board of supervisors of the county to give effect to such resolution, and they shall assess the increase stated therein upon the towns composing such commissioner district, ratably, according to the corrected valuations of the real and personal estate of such towns.

in office




Expenses of commissioner

ent may withhold salary

Not to act as agent for author, publisher etc.

$9 The board of supervisors shall annually audit and allow to each commissioner within the county a fixed sum of at least $200 for his expenses, and shall assess and levy that amount

annually, by tax upon the towns composing his district. Superintend- $10 Whenever the Superintendent of Public Instruction is

satisfied that a school commissioner has persistently neglected to perform his duties, he may withhold his order for the payment of the whole or any part of such commissioner's salary as it shall become due, and the salary so withheld shall be forfeited; but the Superintendent may remit the forfeiture in whole or in part,

upon the commissioner disproving or excusing such neglect. Commissioner $11 A commissioner, upon the written request of the commisto serve for another sioner of an adjoining district, may perform any of his duties

for him, and upon requirement of the State Superintendent of Public Instruction must perform the same.

$12 No school commissioner shall be directly or indirectly engaged in the business of a publisher of school books, maps or charts, or of a bookseller, or in the manufacture or sale of school apparatus or furniture; nor shall he act as agent for an author, publisher, or bookseller, or dealer in school books, maps or charts, or manufacturer of or dealer in any school furniture or apparatus; nor directly or indirectly receive any gift, emolument, reward or promise of reward, for his influence in recommending or procuring the use of any book, map or chart, or school apparatus, or furniture of any kind whatever, in any common or union free

school, or the purchase of any books for a school district library. Penalty

Any violation of this provision, or any part thereof, shall be a misdemeanor; and any such violation shall subject such commissioner to removal from his office by the Superintendent of Public Instruction.

$13 Every commissioner shall have power, and it shall be

his duty: Defining dis- From time to time to inquire into and ascertain whether the

boundaries of the school districts within his district are definitely and plainly described in the records of the proper town clerks; and in case the record of the boundaries of any school district shall be found defective or indefinite, or if the same shall be in dispute, then to cause the same to be amended, or an amended record of the boundaries to be made. All necessary expenses incurred in establishing such amended records shall be a charge upon the district or districts affected, to be audited and allowed by the trustee or trustees thereof, upon the certificate of the school commissioner.


trict boundaries

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trustees to

2 To visit and examine all the schools and school districts Visitation within his district as often in each year as shall be practicable; tion of schools to inquire into all matters relating to the management, the course of study and mode of instruction, and the textbooks and discipline of such schools, and the condition of the schoolhouses, sites, outbuildings and appendages, and of the district generally; to exam- Libraries, ine the school libraries; to advise with and counsel the trustees etc. and other officers of the district in relation to their duties, and particularly in respect to the construction, heating, ventilating and lighting of schoolhouses, and the improving and adorning of the school grounds connected therewith; and to recommend Recommenda. to the trustees and teachers the proper studies, discipline and studies management of the schools, and the course of instruction to be pursued.

3 Upon such examination, to direct the trustees to make any May direct alterations or repairs on the schoolhouse or outbuildings which make repairs shall, in his opinion, be necessary for the health or comfort of the pupils, but the expense of making such alterations or repairs shall, in no case, exceed the sum of $200, unless an additional sum shall be voted by the district. He may also direct the trustee to make any alterations or repairs to school furniture, or when Alteration in his opinion any furniture is unfit for use and not worth repair-to school ing, or when sufficient furniture is not provided, he may direct that new furniture shall be provided as he may deem necessary, provided that the expense of such alterations, repairs or additions to furniture shall not, in any one year exceed the sum of . $100. He may also direct the trustees to abate any nuisance Abatement in or upon the premises, provided the same can be done at an expense not exceeding $25.

14 By an order under his hand, reciting the reason or reasons, Condemnation to condemn a schoolhouse, if he deems it wholly unfit for use and house not worth repairing, and to deliver the order to the trustees, or one of them, and transmit a copy to the Superintendent of Public Instruction. Such order, if no time for its taking effect is stated in it, shall take effect immediately. He shall also state what Estimates for sum, will, in his opinion, be necessary to erect a schoolhouse cap-schoolhouses able of accommodating the children of the district. Immediately upon the receipt of said order the trustee or trustees of such dis- Special meet

ing for contrict shall call a special meeting of the inhabitants of said dis- sidering trict for the purpose of considering the question of building a schoolhouse therein. Such meeting shall have the power to deter

1 As amended by section 1, chapter 512, laws of 1897.

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mine the size of said schoolhouse, the material to be used in its erection, and to vote a tax to build the same. But such meeting shall have no power to reduce the estimate made by the com

missioner aforesaid by more than 25 per centum of such estimate. Crection of And where no tax for building such house shall have been voted eglect to by such district within 30 days from the time of holding the first

meeting to consider the question, then it shall be the duty of the trustee or trustees of such district to contract for the building

of a schoolhouse capable of accommodating the children of the ax for pavi district, and to levy a tax to pay for the same, which tax shall

not exceed the sum estimated as necessary by the commissioner aforesaid, and which shall not be less than such estimated sum by more than 25 per centum thereof. But such estimated sum may be increased by a vote of the inhabitants at any school meeting

subsequently called and held according to law. Examination 5 To examine, under such rules and regulations as have been

or may be prescribed by the Superintendent of Public Instruction persons proposing to teach common schools within his district, and not possessing the superintendent's certificate of qualification or a diploma of a state normal school, and to inquire into their moral fitness and capacity, and, if he find them qualified, to grant them certificates of qualification, in the forms which

are or may be prescribed by the Superintendent. No certificate {estrictions shall be granted to any person to teach in the public schools of

this state, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. No certificate shall be granted to any person under the age of

18 years. Examination 6 To examine any charge affecting the moral character of any

teacher within his district, first giving such teacher reasonable notice of the charge, and an opportunity to defend himself therefrom; and if he find the charge sustained, to annul the teacher's certificate, by whomsoever granted, and to declare him unfit to teach; and if the teacher holds a certificate of the Superintendent, or a diploma of a state normal school, to notify the Superintendent

forth with of such annulment and declaration, General duties 7 And, generally, to use his utmost influence and most strenu

ous exertions to promote sound education, elevate the character and qualifications of teachers, improve the means of instruction and advance the interests of the schools under his supervision,

$14. Every school commissioner shall have power to take affidavițs and administer oaths in all matters pertaining to common

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Affidavits and oaths

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