Page images

shall assemble at the time and place appointed by him, or by any notice given by them, or any one of them; and shall hear the charge and defence. They are to keep a book of minutes, in which every fine imposed by them, and the cause, shall be entered and signed by them, or the major part of them. Such original minutes or a copy certified by them, or the major part of them, or by the clerk of the district, shall be conclusive evidence of the fact that a fine was imposed as stated in such minutes, according to these regulations.

XII. It shall be the duty of trustees to prosecute promptly for the collection of all fines imposed by them. Fines collected for the detention of books, or for injuries to them, are to be applied to defray the expense of repairing the books in the library. Fines collected for the loss or destruction of any book, or of a set or series of books shall be applied to the purchase of the same or other suitable books.

XIII. These regulations being declared by law "obligatory upon all persons and officers having charge of such libraries, or using or possessing any of the books thereof,” it is expedient that they should be made known to every borrower of a book. And for that purpose a printed copy is to be affixed conspicuously on the case containing any library, or in one of such cases, if there be several ; and the librarian is to call the attention of every person to them on the first occasion of his taking out a book.

Appeals to the State Superintendent. (The cases in which the courts will not entertain jurisdiction of complaints of erroneous proceedings under the school laws, and in which only a certiorari will lie, may be inferred from the decision of the Supreme Court in the case of Eaton and others, vs. Calendar, 11 Wend. 90. “The plaintiff below was not without his remedy. 1 R. S. 487, §110, 111 and the amendment of the law, 20th April 1830, provides that “any person conceiving himself aggrieved in consequence of any decision made by the Trustees of any district in paying any teacher; or concerning any other matter under the present title," (which includes the whole of the school act,)“ may appeal to the Superintendent of common Schools whose decision shall be final.” This provision was intended for what it practically is, a cheap and expeditious mode of settling most, if not all, of the diffi

culties and disputes arising in the course of the execution of the law. A common law certiorari would no doubt lie from this court, to the trustees to bring up and correct any erroneous proceeding not concluded by an adjudication of the Superintendent, or in a case where his powers were inadequate to give the relief to which the party was entitled.)

The passage of several acts of the Legislature renders necessary a revision of the regulations concerning appeals : And the following are therefore substituted for those heretofore established :


Under the 132 Section of the Common School Act. (No. 157.)

I. Where any decision has been made by any School District meeting.

This includes the whole class of cases, in which district meetings have the power to decide on any proposition or motion that may legally be made to them, under any section of the School Act.

II. Where any decision has been made by the Town Superintendent of Common Schools, or by him and the Supervisor and Town Clerk, in the forming or altering, or in refusing to form or alter any School District, or in refusing to pay any school moneys to any district, and under the general provision," concerning any other matter under the present title," appeals will also lie from the proceedings of such Town Superintendent in any erroneous distribution of public money, in paying it to any district not entitled, or more than it is authorized to receive ; and in fact any official decision, act, or proceeding, and from a refusal to discharge any duty imposed bå law, or the regulations of the Superintendent, or incident to the duties of his office.

III. Where any decision has been made by trustees of school districts in paying any teacher, or refusing to pay hin, or in refusing to admit any scholar gratuitously into the school : And under the same general provision referred to, in improperly admitting any scholar gratuitously, in making out any tax list, or rate bill, or in any act or proceeding whatever, which they undertake to perform officially ; and also for the refusal to discharge any duty enjoined by

law, or any regulation of the Superintendent, or incident to the duties of their office.

IV. Where Town Superintendents have improperly granted or annulled a certificate or qualification to a teacher ; or have refused to grant or annul such certificate : and where they have undertaken to perform any official act, or refused to discharge any duty imposed by law or under its authority, in the inspection of teachers and visitation of schools.

V. Where Clerks of Districts, Clerks of Towns, or other ministerial officers, refuse to perform any duty enjoined by the Common School Act.

VI. Where any other matter under the said act, shall be presented, either in consequence of disputes between districts respecting their boundaries, or any other subject ; or in consequence of disputes between any officers charged with the execution of any duties under the laws concerning Common Schools, or disputes between them and any other person relating to such duties or any of them.

Under the 140th section respecting School District Libraries,

(No. 165.)

VII. Appeals may be made from any act or decision of trustees or school districts concerning the Libraries, or the books therein, or the use of such books.

VIII. Any act or decision of the Librarian in respect to the li. brary.

IX. Any act or decision of any district meeting in relation to their school library.

X. Appeals also lie from the acts of Town Superintendents of Common Schools in withholding or paying over library money to any district.


XII. The person aggrieved by the act complained of only can appeal. Generally every inhabitant of a district is aggrieved by the wrongful act or omission of a trustee or town superintendent, by which money or property is disposed of, or not secured for the benefit of the district. But no one is aggrieved by another by another being included in a tax list or rate bill, although other inhabitants are by the omission of one who should be taxed; and appeals may be made by trustees, in behalf of their districts whenever they are aggrieved.


XIII. An appeal must be in writing and signed by the appellant. When made by the trustees of a district, it must be signed by all the trustees, or a reason must be given for the omission of any, verified by the oath of the appellant, or of some person acquainted with such reason.

XIV. A copy of the appeal, duly verified, and of all the statements, maps and papers intended to be presented in support of it, must be served on the officers whose act or decision is complained of, or some one of them; or if it be from the decision or proceeding of a district meeting, upon the district clerk or one of the trustees, whose duty it is to cause information of such appeal to be given to the inhabitants who voted for the decision or proceeding appealed from.

XV. Such service must be made within thirty days after the making of the decision, or the performance of the act complained of: or within that time, after the knowledge of the cause of complaint came to the appellant, or some satisfactory excuse must be rendered for the delay.

XVI. The party on whom the appeal was served, must within ten days from the time of such service, answer the same, either by concurring in a statement of facts with the appellant, or by a separate answer.

Such statement and answer must be signed by all the trustees, or other officers, whose act, omission or decision is appealed from, or a good reason on oath must be given, for the omission of the signature of any of them, verified by oath, and a copy of such answer must be served on the appellants, or some one of them.

XVII. So far as the parties concur in a statement no oath will be "required to it. But all facts, maps or papers not agreed upon by them and evidenced by their signature on both sides, must be verified by oath.

XVIII. All oaths required by these regulations must be taken before a judge of a court of record, a commissioner of deeds or a justice of

the peace.

XIX. A copy of the answer and of all the statements maps

and papers intended to be presented in support of it, must be served upon the appellants, or some one of them, within ten days after service of a copy of the appeal, unless further time be given by the state superintendent, on application, in special cases; but no replication or rejoinder shall be allowed, except by permission of the state superintendent, and in reference exclusively to matters arising upon the answer, and which may be deemed by such state superintendent pertinent to the issue: in which case such replication and rejoinder shall be duly verified by oath, and copies thereof served on the opposite party.

XX. Proof or admission of the service of copies of the appeal, answer and all other papers intended to be used on the hearing of such appeal, must in all cases, accompany the same.

XXI. When any proceeding of a district meeting is appealed from, and when the inhabitants of a district generally are interested in the matter of the appeal, and in all cases where an inhabitant might be an appellant, had the decision or proceeding been the opposite of that which was made or had; any one or more of such inhabitants may answer the appeal, with or without the trustees.

XXII. Where the appeal has relation to the alteration or formation of a school district, it must be accompanied by a map, exhibiting the site of the school house, the roads, the old and new lines of districts, the different lots, the particular location and distance from

« PreviousContinue »