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TITLE 7 Disposition of proceeds

$21 All moneys arising from any sale made in pursuance of the last preceding section, shall be applied to the expenses incurred in procuring a new site, and in removing or erecting thereon a schoolhouse, and improving and furnishing such site and house, and their appendages, so far as such application shall be necessary; and the surplus, if any, shall be devoted to the purchase of school apparatus and the support of the school, as the inhabitants at any annual meeting shall direct.

of district officers


Of the qualification, election and terms of office of district officers,

and of vacancies in such offices Eligibility to $22 No school commissioner or supervisor is eligible to the office

office of trustee, and no trustee can hold the office of district clerk,

collector, treasurer or librarian. Qualifications $23 Every district officer must be a resident of his district,

and qualified to vote at its meetings. No person shall be eligible

to hold any school district office who can not read and write. Terms of $24 From one annual meeting to the next is a year within the

meaning of the following provisions: The term of office of a sole trustee of a district is one year. The full term of a joint trustee is three years, but a joint trustee may be elected for one or two years, as herein provided. The term of office of all other district officers is one year. Every district officer shall hold his office, unless removed during his term of office, until his successor shall

be elected or appointed. Expiration of $25 The terms of all officers elected at the first meeting of a

newly created district shall expire on the first Tuesday of August,

next thereafter. Number of $26 On the first Tuesday of August next after the erection of

a district, at its first annual meeting, the electors shall determine, by resolution, whether the district shall have one or three trustees; and if they resolve to have three trustees, shall elect the three for one, two and three years, respectively, and shall designate by their votes for which term each is elected; thereafter in such

district, one trustee shall be elected at each annual meeting to Reduction of fill the office of the outgoing trustee. The electors of any dis

trict having three trustees, shall have power to decide by resolution, at any annual meeting, whether the district shall have a sole trustee or three trustees, and if they resolve to have a sole trustee, the trustee or trustees in office shall continue in office until their term or terms of office shall expire, and no election

terms of first trustees

trustees, how fixed

Annual election



of a trustee shall be had in the district until the offices of such trustee or trustees shall become vacant by the expiration of their terms of office or otherwise, and thereafter but one trustee shall be elected for said district, until the electors of a district having Increase of

number decided to have but one trustee shall determine at an annual meeting, by a two thirds vote of the legal voters present thereat, to have three trustees; - in which case they shall, upon the adoption of such resolution, proceed to elect three trustees or such number as may be necessary to form a board of three trustees, in the same manner as provided in this section for the election of three trustees at the first annual meeting after the erection of a district; and thereafter in such district, one trustee shall be elected for three years, at each annual meeting, to fill the office of the outgoing trustee. $27 It shall be the duty of the district clerk, or of any person Notice to per

sons elected who shall act as clerk at any district meeting, when any officer shall be elected, forthwith to give the person elected notice thereof in writing; and such person shall be deemed to have accepted Acceptance the office, unless, within five days after the service of such notice, of office he shall file his written refusal with the clerk. The presence of any such person at the meeting which elects him to office, shall be deemed a sufficient notice to him of his election.

$28 The collector or treasurer vacates his office by not exe- Office of cuting a bond to the trustee or trustees, as hereinafter required, treasurer and the trustee or trustees may supply the vacancy.

$29 In case the office of a trustee shall be vacated by his death, Vacancies in refusal to serve, incapacity, removal from the district, or by his being removed from the office, or in any other manner, and the vacancy be not supplied by a district meeting within one month thereafter, the school commissioner of the commissioner district, within which the schoolhouse or principal schoolhouse of the district is situated, may, by writing, under his hand, appoint a competent person to fill it. If such vacancy is supplied by a district meeting, it shall be for the balance of the unexpired term; but when such vacancy is supplied by appointment by a school commissioner it shall be only until the next annual meeting of the district. $30 A trustee who publicly declares that he will not accept Neglect of

duty or reor serve in the office of trustee, or who refuses or neglects to attend fusal to serv

: vacates offic three successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees, or trustee, where there are but two, vacates his office by refusal to serve.

collector or

' when vacate

office of trust TITLE 7

fice of clerk,

lector or easurer

tice of appintment

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acancies in 831 Any vacancy in the office of clerk, collector or treasurer,

may be supplied by appointment under the hands of the trustee or trustees of the district, or a majority of them, and the appointees shall hold their respective offices until the next annual meeting

of the district, and until others are elected and take their places. iling and $32 Every appointment to fill a vacancy shall be forthwith

filed by the commissioner or trustees making it, in the office of the district clerk, who shall immediately give notice of the appointment

to the person appointed. znalty for $33 Every person chosen or appointed to a school district office,

who being duly qualified to fill the same, shall refuse to serve glect of duty

therein, shall forfeit $5; and every person so chosen or appointed, who, not having refused to accept the office, shall wilfully neglect or refuse to perform any duty thereof, shall by such neglect or refusal vacate his office and shall forfeit the sum of $10.

These penalties are for the benefit of the school or schools of the cceptance of district. But the school commissioner of the commissioner dissignation

trict wherein any such person resides may accept his written resignation of the office, and the filing of such resignation and

acceptance in the office of the district clerk shall be a bar to the ling of same recovery of either penalty in this section mentioned; or such resig

nation may be made to and accepted by a district meeting.

urs recovery penalty

uties of

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Of the duties of the district clerk and treasurer
$34 It shall be the duty of the clerk of each school district:

1 To record the proceedings of all meetings of the voters of his district in a book to be provided for that purpose by the district, and to enter therein true copies of all reports made by the trustee or trustees to the school commissioner.

2 To give notice, in the manner prescribed by the sixth section of this title, or by the inhabitants, pursuant to such section, of the time and place of holding special district meetings called by the trustee or trustees.

3 To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least five of the most public places of such district, at least five days before the time appointed for such adjourned meeting.

4 so give the like notice of every annual district meeting otice to per- 5 To give notice immediately to every person elected or apappointed pointed to office of his election or appointment; and also to report

ns elected


names and addresses


at trustee


property of

to the town clerk of the town in which the schoolhouse of his district is situated, the names and postoffice addresses of such offi- Report of a cers, under a penalty of $5 for neglect in each instance.

6 To notify the trustee or trustees of every resignation duly ac. Notice of cepted by the school commissioner. 7 To keep and preserve all records, books and papers belonging Preservation

and delivering to his office and to deliver the same to his successor. For a refusal of records or neglect so to do, he shall forfeit $50 for the benefit of the school or schools of the district, to be recovered by the trustees.

8 In case his district shall be dissolved, to obey the order of the Depositing of school commissioner or commissioners as to depositing the books, dissolved papers and records of his office in the town clerk's office.

9 To attend all meetings of the board of trustees when notified, Attendance and keep a record of their proceedings in a book provided for that meetings purpose.

10 To call special meetings of the inhabitants whenever all the Calling special trustees of the district shall have vacated their office.

11 The records, books and papers belonging or appertaining to Records etc. the office of the clerk of any school district, as in this section men-dis tioned, are hereby declared to be the property of said school district respectively, and shall be open for inspection by any qualified Open to voter of the district at all reasonable hours, and any such voter may make copies thereof.

$35 The treasurer of a school district shall be the custodian of Treasurer, all moneys belonging to the district from whatever source derived," and it is hereby made the duty of the trustee or trustees of such Trustees to district to pay to such treasurer any and all moneys that may come moneys to into his or their hands belonging to such district derived from sales of personal or real property of the district, from insurance policies, from bonds of the district issued and sold by him or them, or from any other source whatsoever. The collector of such district shall Collector to pay over to such treasurer all moneys collected by him under and moneys by virtue of any tax list and warrant issued and delivered to him. Such treasurer is hereby authorized and empowered to demand and May demand receive from the supervisor of the town in which such school dis- public moneys trict is situated all public money apportioned to said district. It shall be the duty of such treasurer within 10 days after notice of Treasurer's his election to execute and deliver to the trustee or trustees of such district his bond in such sum as shall have been fixed by a district meeting or as such trustee or trustees shall require, with at least two sureties to be approved by such trustee or trustees, conditioned to faithfully discharge the duties of his office, and to well


his duties

pay over


pay over

and receive



Disbursements, how made

Report of receipts and

and truly account for all moneys received by him, and to pay over any sum or sums of money remaining in his hands to his successor in office. Such bond when so executed and approved in writing by such trustee or trustees shall be filed with the district clerk. No moneys shall be paid out or disbursed by such treasurer except upon the written orders of a sole trustee or a majority of the trus

tees. Such treasurer shall, whenever required by such trustee or disbursements trustees, report to him or them a detailed statement of the moneys

received by him, and his disbursements, and at the annual meeting of such district he shall render a full account of all moneys received by him and from what source and when received, and all disbursements made by him and to whom and the dates of such disbursements respectively, and the balance of moneys remaining in his hands.

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Of pupils and teachers $36 Common schools in the several school districts of this state shall be free to all persons over 5 and under 21 years of age residing in the district as hereinafter provided; but nonresidents of a district, if otherwise competent, may be admitted into the school of a district, with the written consent of the trustees, or of a majority of them, upon such terms as the trustees shall prescribe; provided that if such nonresident pupils, their parents or guardians, shall be liable to be taxed for the support of said schools in the district, on account of owning property therein, the amount of any such tax paid by a nonresident pupil, his parent or guardian, during the current school year, shall be deducted from the charge for tuition.

$37 If a school district include a portion of an Indian reservation, whereon a school for Indian children has been established by the Superintendent of Public Instruction, and is taught, the school of the district is not free to Indian children resident in the district or on the reservation, nor shall they be admitted to such school except by the permission of the Superintendent.

1838 No teacher is qualified, within the meaning of this act, who does not possess an unannulled diploma granted by a state normal school, or an unrevoked and unannulled certificate of qualification given by the Superintendent of Public Instruction, or an unexpired certificate of qualification given by the school commissioner within whose district such teacher is employed. No person shall be deemed to be qualified who is under the age of 18 years.

As amended by section 6, chapter 264, laws of 1896.

Indian pupils

Qualifications of teachers

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