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Apportion trict altered

ment to dis

after annual report.

Last section

are required to be dated, and before the apportionment of the school moneys shall have been made, a district shall be duly altered, or a new district be formed in the town, so as to render an apportionment founded solely on the annual reports, unjust, as between two or more districts of the town, the town superintendent shall make an apportionment among such districts, according to the number of children in each, over the age of five, and under sixteen years, ascertaining that number by the best evidence in his power.

No. 41-16. The provisions of the foregoing section shall extended to extend to all cases where a school district shall have been other cases. formed at such time previous to the first day of January, as not to have allowed a reasonable time to have kept a school therein for the term of four months, such district having been. formed out of a district or districts in which a school shall have been kept for four months by a teacher duly qualified, during the year preceding the first day of January.

Moneys one

year in hands of

intendents.

No. 42- 17. All moneys apportioned by the town superintendent, to the trustees of a district, part of a district, or town super- separate neighborhood, which shall have remained in the hands of the town superintendent for one year after such apportionment, by reason of the trustees neglecting or refusing to receive the same, shall be added to the moneys next thereafter to be apportioned by the town superintendent, and shall be apportioned and paid there with in the same manner.

When returned to treasurer.

Annual reports of town

superintend

ents.

No. 43 18. In case any school moneys received by the town superintendent cannot be apportioned by him, for the term of two years, after the same are received, by reason of the non-compliance of all the school districts in his town. with the provisions of this title, such moneys shall be returned by him to the county treasurer, to be by him apportioned and distributed, together and in the same manner with the moneys next thereafter to be received by him for the use of common schools.

No. 44-19. It shall be the duty of the town superintendent in each town, between the first day of July and the first day of August in each year, to make and transmit to the county clerk a report in writing, bearing date on the first day of July, in the year of its transmission, and stating,

1. The whole number of school districts and neighborhoods separately set off within the town:

2. The districts, parts of districts and neighborhoods from which reports shall have been made to him, or his immediate predecessor in office, within the time limited for that purpose :

3. The length of time a school shall have been kept in each of such districts or parts of districts, distinguishing

what portion of that time the school shall have been kept by qualified teachers :

4. The amount of public moneys received in each of such districts, parts of districts and neighborhoods:

5. The number of children taught in each, and the number of children over the age of five and under sixteen years, residing in each:

6. The whole amount of moneys received by him, or his predecessor in office, during the year ending at the date of such report, and since the date of the last preceding report; distinguishing the amount received from the county treasurer, from the town collector, and from any other and what

source:

7. The manner in which such moneys have been expended, and whether any, and what part remains unexpended, and for what cause:

8. The amount of money paid for teachers' wages, in addition to the public money paid therefor, the amount of taxes levied for purchasing school-house sites, for building, hiring, purchasing, repairing and insuring school-houses, for fuel and supplying deficiencies in rate bills, for district libraries, or for any other purposes allowed by law, in the districts, parts of districts and neighborhoods from which reports shall have been received by him or his immediate predecessor in office, with such other information as the state superintendent may from time to time require, in relation to the districts and schools within his town.

No. 45-§ 20. Town superintendents who neglect to fur- Penalty for nish the information required by the last preceding section, neglect. shall severally forfeit to the town for the use of the common schools therein, the sum of ten dollars, to be sued for by the supervisor of the town.

to give no

tice.

No. 46-§ 21. In case the town superintendent in any County clerk town shall not, on or before the first day of August, in any year, make such report to the clerk of the county, it shall be his duty to give immediate notice of such neglect to the clerk of such town.

be withheld.

No. 47- 22. The town superintendent neglecting to make Forfeiture such report within the limited period, shall forfeit to the money may town, for the use of the common schools therein, the sum of ten dollars; and the share of school moneys apportioned to such town for the ensuing year, may, in the discretion of the state superintendent be withheld, and be distributed among the other towns in the same county, from which the necessary reports shall have been received.

Town superintendents

No. 48- 23. When the share of school moneys appor- and their tioned to a town, shall thus be lost to the town, by the neg- sureties lilect of its town superintendent, the town superintendent amount.

able for the

Supervisors to pro

guilty of such neglect, and his sureties shall be liable for the full amount so lost with interest.

No. 49- 24. It shall be the duty of the supervisor of Becute &c. the town, upon notice of such loss, from the state superintendent or county treasurer, to prosecute without delay, in the name of the town, for such forfeiture; and the moneys recovered shall be distributed and paid by such supervisor to the several districts, parts of districts, or separate neighborhoods of the town, in the same manner as it would have been the duty of the town superintendent to have distributed and paid them, if received from the county treasurer.

Town supts. to keep acCount.

And render

No. 50-§ 25. The town superintendent in each town, shall keep a just and true account of all school moneys received and expended by him during each year for which he shall have been chosen, and shall lay the same before the board of auditors of town accounts at the annual meeting of such board, in each year.

No. 51- 26. The town superintendent of common schools to successors in each town shall, within fifteen days after the termination of his office, render to his successor in office, a just and true account, in writing, of all school moneys by him received, before the time of rendering such account, and of the manner in which the same shall have been appropriated and expended by him; and the account so rendered shall be delivered by such successor in office to the town clerk, to be filed and recorded in his office.

And pay balance.

If appropri

ated to be

ingly.

No. 52-27. On rendering such account, if any balance shall be found remaining in the hands of the town superintendent, the same shall immediately be paid by him to his successor in office.

No. 53-§ 28. If such balance, or any part thereof, shall paid accord-have been appropriated by the town superintendent to any particular school district, part of a district or separate neigh borhood, and shall remain in his hands for the use thereof, a statement of such appropriation shall be made in the account so to be rendered, and the balance paid to such successor in office, shall be paid over by him, according to such appropriation.

Successors

to prosecute

Corporation.

No. 54-29. Such successor in office may bring a suit in his name of office for the recovery, with interest, of any unpaid balance of school moneys, that shall appear to have been in the hands of any previous town superintendent on leaving his office, either by the accounts rendered by such town superintendent, or by other sufficient proof, and in case of the death of such town superintendent, such suit may be brought against his representatives.

No. 55-30. The town superintendent in each town, shall have the powers and privileges of a corporation, so far

as to enable him to take and hold any property transferred to him for the use of common schools in such town.

Pay of town superintend

No. 56- 31. The town superintendent shall be entitled ents. to receive one dollar and twenty-five cents per day for every day actually and necessarily devoted by him in his official capacity, to the service of the town for which he may be chosen, the same to be paid in like manner as other town officers are paid.

Of the duty of town clerks.

No. 57-32. It shall be the duty of the town clerk of Duty of town each town,

1. To receive and keep all reports made to the town superintendent from the trustees of school districts, and all the books and papers belonging to the town superintendent, when required, and to file them in his office:

2. To receive all his estimates and apportionments of school money, and to record the same in a book to be kept for that purpose:

3. To notify the town superintendent, upon receiving notice from the county clerk that he has not made his annual report, for the purpose of making such report.

ARTICLE FOURTH.

Of inspection and supervision by town superintendents.

clerks

tors.

No. 58-§ 33. The town superintendent in each town shall who inspecbe the inspector of common schools therein.

No. 59-§ 34. It shall be his duty to examine all persons Their duty offering themselves as candidates for teaching common as to teachschools in such town.

ers.

No. 60-§ 35. In making such examination, it shall be the ID. duty of the town superintendent to ascertain the qualifications of the candidate, in respect to moral character, learning and ability.

No. 61-36. If he shall be satisfied in respect to the qua- Ib lifications of the candidate, he shall deliver to the person so examined, a certificate signed by him, in such form as shall be prescribed by the state superintendent.

No. 62-87. The town superintendent may annul any Ib. such certificate given by him or his predecessors in office, when he shall think proper, giving at least ten days' previous notice in writing to the teacher holding it, and to the trustees of the district in which he may be employed, of his intention to annul the same.

No. 63—§ 38. The town superintendent, whenever he shall deem it necessary, may require a re-examination of all or

Ib.

Ib.

Their duty

as to teach

ers.

To visit schools.

Must examine, &c.

When supervisor and

to be as

any of the teachers in his town, for the purpose of ascertaining their qualifications to continue as such teachers.

No. 64- 39. The annulling of a certificate shall not dis qualify the teacher to whom it was given, until a note in writing thereof, containing the name of the teacher, and the time when his certificate was annulled, shall be made by the town superintendent, and filed in the office of the town clerk.

No. 65-§ 40. When any school district shall be composed of parts of two or more towns, the town superintendent of the town in which the school house of such district may be situated, shall examine into and certify the qualifications of any teacher offering to teach in such district, in the same manner as is provided by the preceding sections of this article, and may also in the same manner annul the certificate of such teacher; and no school-house shall be erected so as to stand on the division lines of any two or more towns.

No. 66-§ 41. It shall be the duty of the town superintendent to visit all such common schools, within his town, as shall be organized according to law, at least twice a year, and oftener if he shall deem it necessary.

No. 67-§ 42. At such visitation, the town superintendent shall examine into the state and condition of such schools, both as respects the progress of the scholars in learning, and the good order of the schools; and may give his advice and direction to the trustees and teachers of such schools as to the government thereof, and the course of studies to be pursued therein.

ARTICLE FIFTH.

Of the formation and alteration of school districts.

No. 68-§ 43. In the erection or alteration of a school. town clerk district, the trustees of any district to be affected thereby, sociated, &c. may apply to the supervisor and town clerk to be associated with the town superintendent; and their action shall be final unless duly appealed from; the compensation of the supervisor and town clerk when thus associated, shall be the same as that of the town superintendent.

Who may form and re

districts.

No. 69-§ 44. Whenever it may become necessary or congulate joint venient to form a district out of two or more adjoining towns, the town superintendent of each of such adjoining towns, or the major part of them, may form, regulate and alter such district.

When alter

ations to

No 70-§ 45. No alteration of any school district, made take effect. without the consent of the trustees thereof, shall take effect until three months after notice, in writing, shall be given by the town superintendent, to some one or more of such trus

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