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Statement and description of unoccupied and unimproved lands of non-residents of said district, upon which a tax has been imposed as above stated.

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You are hereby commanded to collect from each of the taxable inhabitants and corporations named in the foregoing list, and of the owners of the real estate described therein, the several sums mentioned in the last column of the said list, opposite to the persons and corporations so named, and to the several tracts of land so described, together with five cents on each dollar thereof for your fees: and in case any person upon whom such tax is imposed, shall negect or refuse to pay the same, you are to levy the same by distress and sale of the goods and chattels of the person or corporation so taxed, in the same manner as on warrants issued by the board of supervisors to the collectors of towns; and you are to make a return of this warrant within thirty days after the delivering thereof to you; and within that time to pay over all moneys collected by virtue hereof to the trustees of the said district, some or one of them; and if

any tax on the real estate of a non-resident mentioned in the said list shall be unpaid at the time when you are required to return this warrant, you are to deliver to the trustees of the said district an account thereof, according to law.

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It is not necessary for the trustees to affix their seals to any war

rant.

8 Renewal of Warrants.

By 112 (No. 137,) the trustees are expressly authorized to renew a warrant against any delinquent person once; but in analogy to a decision of the supreme court, relating to warrants for the collection of town and county taxes, it has been supposed that a warrant issued by trustees of school districts could not be renewed more than once. This has been remedied by the § 113 (No. 138.) They may now be renewed as often as may be necessary, with the approbation of the town superintendent, but not otherwise. Applications for such approbation must state the facts and circumstances, and the reason why the warrant has not been collected, and must be verified by oath. Such renewal may be in the following form, endorsed on the warrant:

We hereby renew the within warrant, with the approbation of the town superintendent of common schools, this 184 .

day of A. B.

C. D. Trustees.
E. F.

IV. Duties of Trustees in relation to the purchase, custody and sale of school houses and sites, the repair of such houses, and furnishing them with necessary fuel and appendages.

1. Purchase and custody of school houses.

By sub. 5, of § 82, (No. 107,) trustees of school districts are vested with full and ample powers for carrying out the vote of the district, for the procurement of a site and building, by hiring or pur

chasing, and for furnishing and repairing the school house; and by sub. 6, of the same section, they are "to have the custody and safe keeping of the district school houses."

Questions have frequently arisen, as to the extent of the power conferred by this last subdivision; and to what uses the school house should be confined by the trustees.

The general principle in relation to questions of this nature arising in the several school districts, is this: that it is the duty of the trustees to exercise such a general supervision over the care and management of the district school house, as that the instruction of pupils in the school shall not be embarrassed by any use of the house other than for school purposes; and that the property of the district, and the furniture, books, and papers belonging to the school, or the pupils shall not be injured or destroyed. Any use of the house in subordination to these restrictions, and not inconsistent with the main purposes for which it was designed, must be left to the determination and pleasure of those to whom it belongs, whose wishes and directions in this respect, the trustees are bound to carry out. The school house is the property of the district and subject to its control, within the limitations of the law. The purpose for which it was erected must be pursued, and nothing can be suffered to interfere with that. Upon this principle, and subject to the restrictions and limitation referred to, it may be used out of school hours, and when not wanted for any district purpose, for religious meetings, Sunday schools, lectures, debating societies, or any other moral, literary or useful purpose, with the approbation of a majority of the district and the consent of the trustees, or any two of them.

2. Sale of School House and Site.

A very important branch of the duties incumbent upon trustees, is that which relates to the disposition of the school house and site, when no longer required for district purposes. By § 74, (No. 99f) the inhabitants of the district are authorized, whenever the site o, the school house has been legally changed, to direct the sale of the former site, together with the buildings and appurtenances, or any part thereof, at such price, and upon such terms as they shall deem most advantageous to the district. In this the trustees act merely as

the ministerial officers of the district, and are bound to carry out the directions of the inhabitants. They are to execute the necessary conveyances to the purchaser; and when a credit is directed to be given for any portion of the consideration money, they are to take, in their corporate name, such security, by bond and mortgage or otherwise, as they may think proper; to hold the same as a corporation, and account to their successors; and they are also authorized, in their name of office to sue for and recover the moneys due and unpaid upon any security so taken by them, or their predecessors, with interest and costs. They are by § 75, of the same act, (No. 100,) to apply the moneys arising from such sale to the expenses incurred in procuring a new site, and in removing or erecting a school house, so far as such application shall be necessary.

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By § 50, (No. 75.) Whenever two or more districts or parts of districts shall be united, and there shall be more than one school house in such new or altered district, the trustees of such district may sell the site and buildings thereon, of either or both the school houses situated in such new district."

3. Modes of providing Fuel.

There are three modes of providing fuel for the use of school districts. 1st. By a specific tax for that purpose, to be voted by the inhabitants: 2d. Where this mode is not adopted, the trustees are directed by § 107, (No. 132,) to determine the proportion which every person sending children to school shall be liable to provide, according to the number sent by each, exempting indigent persons: and 3d. "If any person liable to provide such fuel, shall omit to provide the same, on notice from any one of such trustees, it shall be the duty of the trustees to furnish such fuel, and to charge the person so in default, the value of or amount paid for the fuel furnished,' $108, (No. 133,) and to add such amount to his rate-bill, or prosecute for and collect the same. § 108, (No. 133.)

Trustees should see that the respective proportions of fuel are promptly furnished by the inhabitants, or the amount due, on neglect, promptly collected.

The statue uses the term "fuel," which imports wood or other material in a state fit for use. The trustees should not receive large or green logs, which require splitting or cutting; but should require the wood to be adapted to the fire place or stove. Unless this is done by those who are to furnish the fuel, there are no means of having

it prepared. It cannot be said to be the duty of the teacher or of the pupils, to cut or split, or in any way to prepare the materials sent for use. Great inconvenience has been frequently experienced from the omission to supply proper fuel, and the schools have often been dismissed in consequence.

V. The employment of teachers and their payment, and the making out and collecting of rate bills.

1. Contracts with Teachers.

By subdivision 7 of § 82, (No. 107,) trustees are "to contract with and employ all teachers in the district."

The most fruitful source of difficulty in school districts, and of applications to the superintendent, has been the loosness and irregularity with which these contracts have been made. In some districts the trustees have agreed to pay the teacher the whole amount of public money that should be received, be it more or less. This is unjust to the teacher or the district, and has almost always led to contention. The agreement should be to pay him a specific sum by the month or by the quarter, adequate to the value of his services. If the public money is not sufficient, the deficiency should be supplied by a rate bill. It is not to be believed that any intelligent citizen will consider that sordidness to be economy which prefers that their children should be brought up in ignorance, or instructed in error, rather than contribute the mere trifle which will secure them an education, at least sound and accurate, as far it goes. When the rewards which other professions and avocations hold out to talent, knowledge and industry, are so liberal, how can it be expected that persons, competent to the great business of instruction, should devote themselves to it for a compensation inadequate to their support?

If the public money should be more than sufficient to remunerate the teacher, the trustees should consider whether they may not establish another school or distinct department. A large amount of public money indicates a large number of children over five and under sixteen, and of course there will be the materials for a large school, or for more than one, especially if they are of a character to command respect and inspire confidence.

It is strongly recommended that wherever it shall be practicable

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