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TITLE 5

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disobedience

schools, but without charge or fee; and, under the direction of the Superintendent of Public Instruction, to take and report to him the testimony in any case of appeal. When so directed by Issuing of the Superintendent, said commissioner shall have power to issue etc." subpoenas to compel the attendance of witnesses. Service of said subpoenas shall be made a reasonable time before the time therein named for the hearing, by exhibiting the same to the person so served, with the signature of the commissioner attached, and by leaving with such person a copy thereof. The person so served shall be entitled to receive from the person or officer at whose instance he is subpoenaed, at the time of service, the same fees as provided by law for witnesses in courts of records. Disobedience of such subpoena shall subject the delinquent to a pen- Penalty for alty of $25, which shall, unless sufficient excuse is shown, upon of subpoenas the certificate of the commissioner showing such facts, be imposed by the county judge of the county in which such commissioner resides, and shall be paid forthwith to the county treasurer for the benefit of the poor of the county, or, in case such penalty shall not be paid, such delinquent shall stand committed to the county jail of the county for the period of 25 days, unless sooner paid.

$15 The commissioners shall be subject to such rules and regu- Rules and lations as the Superintendent of Public Instruction shall, from time to time, prescribe, and appeals from their acts and decisions may be made to him, as hereinafter provided. They shall, when-Reports to ever required by the Superintendent, report to him as to any tendent particular matter or act, and shall severally make to him annually, to the first day in August in each year, a report in such form and containing all such particulars as he shall prescribe and call for; and, for that purpose, shall procure the reports of the trustees of the school districts from the town clerk's offices, and, after Annual report abstracting the necessary contents thereof, shall arrange and of school indorse them properly and deposit them, with a copy of his own abstract thereof, in the office of the county clerk, and the clerk shall safely keep them. $16 It shall be the duty of all trustees and boards of educa- Use of school

building for tion for school districts under the supervision of school com-examinations missioners, to grant the use of any school building under their charge for all examinations appointed by the Superintendent of Public Instruction, upon the written request of the commissioner having jurisdiction over the same.

regulations

Superin

from returns

trustees

TITLE 6

and numbers of districts

TITLE VI School districts; formation, alteration and dissolution thereof Duties as to... $1 It shall be the duty of each school commissioner, in respect

to the territory within his district:

1 To divide it, so far as practicable, into a convenient number

of school districts, and alter the same as herein provided. Joint districts 12 In conjunction with the commissioner or commissioners of

an adjoining school commissioner district or districts, to set off joint districts, composed of adjoining parts of their respective districts, and separately to institute proceedings to alter the

same in respect to the territory within his own district. Descriptions. 3. To describe and number the school districts, and joint dis

tricts, and to deliver, in writing, to the town clerk, the description and number of each district lying in whole or in part in his town, together with all notices, consents and proceedings relating to the formation or alteration thereof, immediately after such formation or alteration. Every joint district shall bear the same number in every school commissioner district of whose territory it is in part composed.

$2 With the written consent of the trustees of all the districts to be affected thereby, he may, by order, alter any school district within his jurisdiction, and fix, by said order, a day when

the alteration shall take effect. Ordering of $3 If the trustees of any such district refuse to consent, he

may make and file with the town clerk his order making the alteration, but reciting the refusal, and directing that the order shall not take effect, as to the dissenting district or districts, until a day therein to be named, and not less than three months after the date of such order.

2$4 Within 10 days after making and filing such order he shall give at least a week's notice in writing to one or more of the assenting and dissenting trustees of any district or districts to be affected by the proposed alterations, that at a specified time, and at a named place within the town in which either of the districts to be affected

lies he will hear the objections to the alteration. The trustees and clerk

of any district to be affected by such order may request the supervisor and town clerk of the town or towns, within which such

district or districts shall wholly or partly lie, to be associated Hearing and with the commissioner. At the time and place mentioned in

the notice the commissioner, or commissioners, with the super

Alteration of districts upon consent

alterations upon refusal of consent

Notice of hearing ob jections to alterations

Supervisor

associated with commissioner

decision thereon

1 As amended by section 1, chapter 223, laws of 1895 2 As amended by section 4, chapter 264, laws of 1896.

TITLE 6

decision

visor and

of districts

boundaries of

visors and town clerks, if they shall attend and act, shall hear and decide the matter; and the decision shall be final unless duly appealed from. Such decision must either affirm or vacate the Filing of order of the commissioner, and must be filed with and recorded by the town clerk of the town or towns in which the district or districts to be affected shall lie, and a tie vote shall be regarded a decision for the purposes of an appeal on the merits. Upon such appeal the Superintendent of Public Instruction may affirm, modify or vacate the order of the commissioner or the action of the local board.

$5 The supervisor and town clerk shall be entitled each, to Fees of super$1.50 a day, for each day's service in any such matter, to be town clerk levied and paid as a charge upon their town.

$6 Any school commissioner may also, with the written con- Dissolution sent of the trustees of all the districts to be affected thereby, dissolve one or more school districts adjoining any union free school district other than one whose limits correspond with any city or incorporated village, and annex the territory of such districts so dissolved to such union free school district. He may alter the boundaries of any union free school district whose limits Alteration of do not correspond with those of any city or incorporated village, union free in like manner as alterations of common school districts may be made as herein provided; but no school district shall be divided, which has any bonded indebtedness outstanding.

87 Whenever it may become necessary or convenient to form a Formation of school district out of parcels of two or more school commissioner districts, the commissioners of such districts, or a majority of them, may form such district; and the commissioners within whose districts any such school district lies, or a majority of them, may alter Alteration or or dissolve it. $8 If a school commissioner, by notice in writing, shall require Special meet

ing for alterthe attendance of the other commissioner or commissioners, at a ing or disjoint meeting for the purpose of altering or dissolving such a joint districts district, and a majority of all the commissioners shall refuse or neglect to attend, the commissioner or commissioners attending, or any one of them, may call a special meeting of such school district for the purpose of deciding whether such district shall be dissolved; and its decision of that question shall be as valid as though made by the commissioners.

89 Any school commissioner may dissolve one or more districts Consolidation and may from such territory form a new district, he may also unite

school districts

joint districts

dissolution

solving joint

of districts

1 As amended by section 2, chapter 512, laws of 1897. 2As amended by section 4, chapter 264, laws of 1896.

TITLE 6

Sale of property of dissolved districts

of proceeds

Collections of outstanding moneys

a portion of such territory to any existing adjoining district or districts. When two or more districts shall be consolidated into one, the new district shall succeed to all the rights of property possessed by the annulled districts.

$10 When a district is parted into portions, which are annexed to other districts, its property shall be sold by the supervisor of the town, within which its schoolhouse is situate, at public auction, after at least five days' notice, by notice posted in three or more public places of the town in which the schoolhouse is situated, one

of which shall be posted in the district so dissolved. The superApplication visor, after deducting the expenses of the sale, shall apply its pro

ceeds to the payment of the debts of the district, and apportion the residue, if any, among the owners or possessors of taxable property in the district, in the ratio of their several assessments on the last corrected assessment roll or rolls of the town or towns, and pay it over accordingly.

$11 The supervisor of the town within which the schoolhouse of the dissolved district was situated may demand, sue for, and collect, in his name of office, any money of the district outstanding in the hands of any of its former officers, or any other person; and,

after deducting his costs and expenses, shall report the balance Apportion to the school commissioner who shall apportion the same equitably

among the districts to which the parts of the dissolved districts were annexed, to be by them applied as their district meetings

shall determine. Dissolved dis- $12 Though a district be dissolved, it shall continue to exist in

law for the purpose of providing for and paying all its just debts; and to that end the trustees and other officers shall continue in office, and the inhabitants may hold special meetings, elect officers to supply vacancies, and vote taxes; and all other acts necessary to raise money and pay such debts shall be done by the inhabitants and officers of the district.

$13 The commissioner, or a majority of the commissioners in whose district or districts a dissolved school district was situated, shall by his or their order in writing, delivered to the clerk of the district, or to any person in whose possession the books, papers and records of the district, or any of them, may be, direct such

clerk or other person to deposit the same in the clerk's office in a Penalty for town in the order named. Such clerk or other person, by neglect

or refusal to obey the order, shall forfeit $50, to be applied to the benefit of the common schools of said town. The commissioner or commissioners shall file a duplicate of the order with such clerk.

ment and application of same

tricts to exist
in law for
settlement
of affairs

Deposit of records etc. with town clerk

refusal to obey orders

TITLE 7

commissioners'

1814 All the rights, powers and duties conferred upon school Extension of commissioners by titles 5 and 6 of this act, including the sole powers authority to examine and license, under the rules prescribed by the Superintendent of Public Instruction, all persons proposing to teach common schools, not possessing the qualifications mentioned in subdivision 5 of section 13 of title 5, shall extend to all districts organized under special acts, and all parts of such special acts inconsistent therewith are hereby repealed.

TITLE VII
Meetings in common school districts; the election of school district officers

and their powers and duties

ARTICLE 1
Of common school district meetings, who are voters, and their powers

$1 Whenever any school district shall be formed, the commis- New district sioner or any one or more of the commissioners, within whose district or districts it may be, shall prepare a notice describing such Notice of

wucu first meeting district, and appointing a time and place for the first district meeting, and deliver such notice to a taxable inhabitant of the district.

$2 It shall be the duty of such inhabitant to notify every other Service of inhabitant of the district qualified to vote at the meeting, by reading the notice in his hearing, or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode, at least six days before the time of the meeting.

$3 In case such meeting shall not be held, and in the opinion of May give the commissioner it shall be necessary to hold such meeting, before ing before the time herein fixed for the first annual meeting, he shall deliver time another such notice to a taxable inhabitant of the district, who shall serve it as herein before provided.

$4 When the clerk and all the trustees of a school district shall Special dishave removed from the district, or their office shall be vacant, so when comthat a special meeting can not be called, as hereinafter provided, call the commissioner may in like manner give notice of, and call a special district meeting.

$5 Every taxable inhabitant, to whom a notice of any district Penalty for meeting shall be delivered for service, pursuant to any provisions serve notice of this article, who shall refuse or neglect to serve the same, as herein before prescribed, shall forfeit $5 for the benefit of the district.

notice of meet

time fixed

trict meeting,

missioner may

refusal to

1 Added by section 3, chapter 512, laws of 1897,

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