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ry, and the maps, globes, black-boards, and other apparatus aforesaid, the said moneys, with the approbation of the state superintendent, may be applied to the payment of teachers'

wages.

Who trus

ries.

No. 162--§ 137. The trustees of every school district shall be trustees of the library of such district; and the property tees of libraof all books therein, and of the case and other appurtenances thereof, shall be deemed to be vested in such trustees, so as to enable them to maintain any action in relation to the same: It shall be their duty to preserve such books and keep them in repair; and the expenses incurred for that purpose, may be included in any tax list to be made out by them as trustees of a district, and added to any tax voted by a district meeting, and shall be collected and paid over in the same manner: The librarian of any district library shall be subject to the directions of the trustees thereof, in all matters relating to the preservation of the books and appurtenances of the library, and may be removed from office by them for wilful disobedience of such directions, or for any wilful neglect of duty.

No. 163-§ 138. Trustees of school districts shall be liable Liability of to their successors for any neglect or omission, in relation to trustees. the care and superintendence of district libraries, by which any books therein are lost or injured, to the full amount of such loss or injury in an action on the case, to be brought by such successors in their name of office.

tendent.

No. 164-139. A set of general regulations respecting the Regulations preservation of school district libraries, the delivery of them by superinby librarians and trustees to their successors in office, the use of them by the inhabitants of the district, the number of volumes to be taken by any one person at any one time or during any term, the periods of their return, the fines and penalties that may be imposed by the trustees of such libraries for not returning, for losing or destroying any of the books therein, or for soiling, defacing, or injuring them, and the conditions upon which any school district may apply the library money to the payment of teachers' wages, may be framed by the state superintendent, and printed copies thereof shall be furnished to each school district of the state; which regulations shall be obligatory upon all persons and officers having charge of such libraries, or using or possessing any of the books thereof: Such fines may be recovered in an action of debt, in the name of the trustees of any such Fines how? library, of the person on whom they are imposed, except such person be a minor; in which case they may be recovered of the parent or guardian of such minor, unless notice in writing shall have been given by such parent or guardian to the trustees of such library, that they will not be respon

recovered.

Appeals

dent.

to

sible for any books delivered such minor: And persons with. whom such minors reside shall be liable in the same manner and to the same extent, in cases where the parent of such minor does not reside in the district.

No. 165—§ 140. Any person conceiving himself aggrieved superinten by any act or decision of any trustees of school districts, concerning district libraries, or the books therein, or the use of such books, or of any librarian, or of any district meeting in relation to their school library, may appeal to the state superintendent in the same manner as provided by law.

Joint libra

tricts.

No. 166-141. The legal voters in any two or more adties by two joining districts may, in such cases as may be approved by the town superintendent, unite their library moneys and funds as they shall be received or collected, and purchase a joint library for the use of the inhabitants of such districts, which shall be selected by the trustees thereof, or by such persons as they shall designate, and shall be under the charge of a librarian to be appointed by them; and the foregoing provisions of this act shall be applicable to the said joint libraries, except that the property in them shall be deemed to be vested in all the trustees, for the time being, of the districts so united. And in case any such district shall desire to divide such library, such division shall be made by the trustees of the two districts whose libraries are so united, and in case they cannot agree, then such division shall be made by the town superintendent.

When

been withheld state superinten

No. 167—§ 142. Where, by reason of the non-compliance money has with the conditions prescribed by law, the library money shall be withheld from any school district, the same may be dent may di- distributed among other districts complying with such conditions, or may be retained and. paid subsequently to the district from which the same was withheld, as shall be directed by the state superintendent according to the circumstances of the case.

rect its application.

dent may se

When state No. 168-§ 143. The state superintendent whenever requestsuperinten-ed by the trustees of a school district, under the directions lect libra- of the legal voters of such district, may select a library for their use, and cause the same to be delivered to the clerk of the county in which such district is situated, at its expense.

ries.

ARTICLE SIXTH.

Of certain duties of the county clerks.

SEC. 172.-County clerk to report to the superintendent of common schools; what, and when.

SEC. 173.-Forfeiture for neglecting it.

SEC. 174.-Who to prosecute for it, and where paid when recovered.

SEC. 175.-Duty of county clerk when commissioners [town superintendents] do not report.

To transmit

ports.

No. 169-§ 172. [§ 112]. It shall be the duty of each county clerk, between the first day of August and the first school reday of October, in every year, to make and transmit to the superintendent of common schools, a report in writing, containing the whole number of towns in his county, distinguishing the towns from which the necessary reports have been made to him by the town superintendent of common schools, and containing abstracts of all such reports in such form as the state superintendent shall direct. [Amended by § 3 of chap. 358, of 1847. |

neglect.

No. 170-§ 173. [§ 113]. Every clerk who shall refuse Penalty for or neglect to make such report, within the period so limited, shall, for each offence, forfeit the sum of one hundred dollars to the use of the school fund of the state.

No. 171-§ 174. [§ 114]. It shall be the duty of the su- How proseperintendent of common schools to prosecute without delay, cuted and in his name of office, for such forfeiture, and to pay the moneys recovered, into the treasury of the state, to the credit of the school fund.

No. 172- 144. It shall be the duty of each county clerk, Notice to immediately after the first day of August in every year, in town clerk. case the town superintendent of any town in his county shall have neglected to make to him his annual report, to give notice of such neglect to the clerk of the town, who shall immediately notify such town superintendent for the purpose of making his report.1

Miscellaneous provisions connected with the foregoing ar

ticles.

cers for neg

No. 173-145. Town superintendents, trustees, collectors Penalty on and clerks of school districts, refusing or wilfully neglecting certain offto make any report, or to perform any other duty required lect of duty. by law, or by regulations or decisions made under the authority of any statute, shall severally forfeit to their town, or to their district as the case may be, for the use of the common schools therein, the sum of ten dollars for each such To be sued neglect or refusal, which penalty shall be sued for and col- for by superlected by the supervisor of the town, and paid over to the town.

(1) Laws of 1847, chap. 480, § 144.

visor of

Costs not

allowed in

against

cers.

proper officers to be distributed for the benefit of the common schools in the town or district to which such penalty belongs; and when the share of school or library money apportioned to any town or district, or school or any portions thereof, or any money to which a town or district would have been entitled, shall be lost in consequence of any wilful neglect of official duty by any town superintendent or trustees or clerks of school districts, the officers guilty of such neglect shall forfeit to the town or district the full amount, with interest, of the moneys so lost; and they shall be jointly and severally liable for the payment of such forfeiture.

No. 174-§ 146. In any suit which shall hereafter be commenced against town superintendents or officers of school certain suits districts, for any act performed by virtue of, or under color school offi. of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the subject of an appeal to the superintendent, no costs shall be allowed to the plaintiff in cases where the court shall certify that it appeared on the trial of the cause that the defendants • acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent.

being com

Provision in No. 175-§ 1.a Whenever a suit shall have been comcase of suits menced or shall hereafter be commenced against any of the menced, officers of a school district for any act performed by virtue of, or under color of their office, and such suit shall have been finally determined, it shall be the duty of the trustees to ascertain in the manner hereinafter described, the actual amount of all the costs, charges and expenses paid by such officer, and to cause the same to be assessed upon and collected of the taxable inhabitants of said district in the same manner as other taxes of said district are by law assessed and collected, and when so collected, to pay the same over to the officer by virtue of this act entitled to receive the same; but this provision shall not extend to suits for penalties, nor suits or proceedings to enforce the decisions of the superintendent.

Persons pay

present an

account

verified by oath.

No. 176-2. Whenever any person mentioned in the ing costs to first section of this act shall have paid any costs, charges or expenses as mentioned in said first section, he shall make out an account of such charges, costs and expenses so paid by him, giving the items thereof, and verify the same by his oath or affirmation; he shall serve a copy of said account so sworn to, upon the trustees of the district against which such claim shall be made, together with a notice in writing that on a certain day therein specified, he will present such

(a) Laws of 1847, chap. 172, § 1, 2, 3, 4.

account to the board of supervisors of the county in which such school district shall be situated, for settlement at some legal meeting of such board; and it shall be the duty of the officer upon whom such copy, account and notice shall be served, to attend at the time and place in such notice specified, to protect the rights and interests of such district upon such settlement.

ordered by

supervisors.

No. 177-§ 3. Upon the appearance of the parties, or upon Payment due proof of service of the notice and copy of account men- when to be tioned in second section of this act, if the said board shall be of opinion that such account or any portion thereof ought justly to be paid to the claimant, such board may by an order to be made by a majority of all the members elected to the same, and to be entered in its minutes, require such account or such part thereof as such board shall be of opinion ought justly to be paid to the claimant, by such district to be so paid; but no portion of such account shall be so ordered to be paid which shall appear to the said board to have arisen from the wilful neglect or misconduct of the claimant. The account, with the oath of the party claiming the same, shall be prima facie evidence of the correctness thereof. The board may adjourn the hearing from time to time as justice shall seem to require.

tered on dis

No. 178-§ 4. It shall be the duty of the trustees of any Copy of or school district, within thirty days after service of a copy of der to be ensuch order upon them to cause the same to be entered at trict records. length in the book of records of said district, and to issue to the collector of said district a warrant for the collection of the amount so directed to be paid, in the same manner and with the like force and effect as upon a tax voted by said district.

hibited.

No. 179-1.b No person shall wilfully disturb, interrupt Disturbing or disquiet any assemblage of persons met at any school dis- schools protrict, with the assent of the trustees of the school district, for the purpose of receiving instruction in any of the branches of education usually taught in the common schools of this state, or in the science of music.

No. 180-§ 2. Whoever shall violate the provisions of the Penalty. foregoing section, may be tried before any justice of the peace of the county, or any mayor, alderman, recorder, or other magistrate of any city where the offence shall be committed; and upon conviction, shall forfeit a sum not exceeding twenty-five dollars, for the use and benefit of the school district in which such offence shall be committed.

No. 181-§ 3. It shall be the duty of the trustees of any Trustees to school district in which any such offence shall be committed, prosecute.

(b) Laws of 1845, chap. 228, § 1, 2, 3, 4, 5.

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