board of supervisors of the county; and the clerk of the board of supervisors shall lay such copy before the supervisors at their next meeting. board of su No. 20-§ 17. It shall be the duty of the supervisors, at Duty of such meeting, and at every annual meeting thereafter, to add pervisors. to the sums of money to be raised on each of the towns of the county, for defraying the necessary expenses thereof, a sum equal to the school moneys which shall have been apportioned to such town; which moneys, so added, together with the fees of the collector, shall be levied and collected in the same manner as other moneys directed to be raised in the town. No. 21-§ 18. The supervisors shall cause and require Ib. the collector of each town, by their warrant to him, to pay the moneys so added, when collected, retaining his fees for collection, to the superintendent of common schools in such town, for the use of common schools therein; whose receipt therefor shall be sufficient evidence of such payment. neys to be No. 22- 19. If there shall not be any superintendent of When mocommon schools in such town when the moneys are collect- paid to treaed, the collector shall pay the same, retaining his fees for surer. collection, to the county treasurer, to be by him apportioned among the several cities and towns in the county, and distributed in the manner provided in the fifteenth section of this Title. omissions medied. No. 23-[§ 2.] Whenever any board of supervisors shall Future hereafter omit, at their annual meeting, to add to the sums how reof money to be raised on the towns of their county, an equal sum to that apportioned to such towns by the superintendent of common schools in any year, it shall be their duty to hold a special meeting for the purpose of adding the sum that may be deficient, whenever it can be done in time to allow such deficient sum to be collected with the other taxes of the county; and such special meeting shall be notified by the clerk of the board of supervisors on receiving notice of the deficiency from a majority of the board of supervisors of said county; and in case such deficient sum shall not be directed to be raised at a special meeting, it shall be the duty of the supervisors of such county, at their next annual meeting, to add the amount of such deficiency to the sums to be raised on each of the towns of the county; which, with the fees of collection, shall be levied and collected in the same manner as other moneys directed to be raised in the town, and shall be apportioned among the school districts therein according to law. Clerks of lutions. No. 24-[§ 3.] It shall be the duty of the clerk of the to transmit board of supervisors in each county in this state, on the last certain reso- day of December in each year, to transmit to the superintendent of common schools certified copies of all resolutions and proceedings of the board of supervisors, of which he is clerk, passed or had during the preceding year, relating to the raising of any money for school or library purposes, and to report particularly the amount of such money directed to be raised in each town of such county; and in case it shall not appear that the amount required by law to be raised for school and library purposes has been directed to be raised during the year by the board of supervisors of any county, the superintendent of common schools and the comptroller may direct that the money appropriated by the state and apportioned to such county, be withheld until the amount that may be deney may he ficient shall be raised, or that so much only of the money apportioned to such county be paid to the treasurer thereof, as shall be equal to the amount directed to be raised therein by the supervisors of such county; and in such case the balance How applied so withheld shall be added to the principal of the common school fund. When school mo withheld from a county. Town super common schools when elected. Of the Election and Powers of Town Superintendents. No. 25-§ 1. There shall continue to be elected in each mtendent of of the towns in this State, at the same time, and in the manner now provided by law for the election of other town officers, an officer to be denominated "town superintendent of common schools," who shall possess all the powers perform all the duties, and be subject to all the restrictions, liabilities and penalties conferred and imposed by this act.1 Term of office. Town su ents hereaf No. 26-§ 2. The several town superintendents in office when this act takes effect, elected or appointed in conformity to existing laws, shall continue to hold their respective offices, and discharge the duties thereof until the first Monday of November, one thousand eight hundred and forty-eight. No. 27-3. The town superintendents of common schools perintend- hereafter to be elected in conformity with the provisions of ter elected this act, shall, each of them, on or before the first Monday of November succeeding such election, execute to the supervisor of his town and file with the town clerk, a bond with one or more sufficient sureties to be approved by the said supervisor by endorsement over his signature on said bond, with a penalty in double the amount of all the school moneys received by his town from all sources during the preceding year when to enter upon their duties. (1) This and the following sections, except where otherwise noticed were taken from the act chapter 480 of Laws of 1847. cant, and and conditioned for the faithful application and legal disbursement of all the school money coming into his hands during his term of office, and for the faithful discharge of all the duties of said office; and in case such bond shall not be executed, filed and approved within the time herein prescrib- when office ed, the office of such town superintendent shall be deemed deemed va vacant; and any such or any other vacancy that may occur who may in said office, shall be filled by any three justices of the peace of the same town by a warrant under their hands and seals, who are hereby authorized to make such appointments; and the persons so appointed shall hold their respective offices until others are elected or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors. appoint cate. No. 28-4. The justices making the said appointment Justices to shall forthwith cause the said warrant to be filed in the office file certif of the town clerk of the town, and give immediate notice to the person appointed. No. 29-5. Every town superintendent elected after this Term of act takes effect shall on executing the bond as before provided, office. enter upon the duties of his said office on the first Monday of November succeeding his election, and shall hold his office for two years thereafter, and until a successor who shall have been duly elected, shall have taken the oath of office and filed an official bond pursuant to the provisions of this act. No. 30-§ 6. No town superintendent of a town shall hold the office of trustee of a school district, nor shall a person chosen a trustee, hold the office of district clerk, and no town superintendent shall hold the office of either supervisor or town clerk. Disabilities. Further powers of No. 31-[§ 1.] The office of trustees of the Gospel and school lots in the several towns in this state, is hereby abolished; and the powers and duties now by law conferred and town super. imposed upon said trustees, shall hereafter be exercised by the town superintendent of common schools.1 intendents. No. 32-87. The third, fourth, fifth and sixth articles of ti- Articles of tle two, chapter fifteen, part first of the Revised Statutes, enti- R. S. amend tled "Of public instruction," shall be and the same are hereby amended so as to read as follows: (1) Laws of 1846, chapter 186, § 1. ed. Duties of ARTICLE THIRD. The powers and duties of the town superintendent of common schools. No. 33-8. It shall be the duty of the town superintendent tendents. of common schools in each town, town super. 1. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter provided: 2. To set off by itself any neighborhood in the town adjoining to any other state of this Union, where it has been usual or shall be found convenient for such neighborhood to send their children to a school in such adjoining state: 3. To describe and number the school districts, and to deliver the description and numbers thereof, in writing, to the town clerk, immediately after the formation or alteration thereof: 4. To deliver to such town clerk a description of each neighborhood, adjoining to any other state, set off by itself: 5. To apply for and receive from the county treasurer all moneys apportioned for the use of common schools in his town, and from the collector of the town, all moneys raised therein for the same purpose, as soon as such moneys shall become payable, or be collected: 6. To apportion the school moneys received on the first Tuesday of April, in each year, among the several school districts, parts of districts and neighborhoods separately set off, within the town, in proportion to the number of children residing in each, over the age of five and under that of sixteen years, as the same shall have appeared from the last annual reports of their respective trustees: 7. If the town superintendent shall have received the school moneys of the town, and all the reports from the several school districts therein, before the first Tuesday of April, he shall apportion such moneys as above directed, within ten days after receiving all of the said reports and the said mo neys: 8. To sue for and collect, by his name of office, all penalties and forfeitures imposed in this title, and in respect to which no other provision is made, which shall be incurred by any officer or inhabitant of his town, and after deducting his costs and expenses, to add the sums recovered to the school moneys received by him, to be apportioned and paid in the same manner. No. 34- 9. In making the apportionment of moneys among the several school districts, no share shall be allotted to any district, part of a district, or separate neighborhood, from which no sufficient annual report shall have been received, for the year ending on the last day of December, immediately preceding the apportionment. money to be No. 35- 10. In making the apportionnent of public mo- Teachers' ney, it shall be the duty of the town superintendent to desig- and library nate the respective proportions of teachers' and library mo- designated. ney belonging to each district, and to pay over as much as is designated teachers' money, on the written order of a majority of the trustees of each district, to the teachers entitled to receive the same. withheld. No. 36-11. No moneys shall be apportioned and paid to when mon any district or part of a district, unless it shall appear by such ey to be report that a school had been kept therein for at least four months during the year ending at the date of such report, by a qualified teacher; that no other than a duly qualified teacher had at any time during the year for more than one month been employed to teach the school in said district; and that all moneys received during that year have been applied to the payment of the compensation of such teacher ; and no portion of the library money shall be apportioned or paid to any district or part of a district, unless it shall appear from the last annual report of the trustees that the library money received at the last preceding apportionment was duly expended according to law, on or before the first day of October subsequent to such apportionment. ed a qualified teacher. No. 37-12. No teacher shall be deemed a qualified teach- who deemer, within the meaning of this title, who shall not have received, and shall not then hold a certificate of qualification, dated within one year, from the town superintendent of common schools for the town in which such teacher shall be employed. neys with No. 38- 13. No part of such moneys shall be apportioned when moor paid to any separate neighborhood adjoining another state, he unless it shall appear from the report of its trustees that all moneys received by them during the year ending at the date of such report have been faithfully applied, in paying for the instruction of children residing in such neighborhood. ments to be of omission. No. 39- 14. Whenever an apportionment of the public Apportion money shall not be made to any school district, in consequence ordered in of any accidental omission to make any report required by certain cases law, or to comply with any other provision of law, or any regulation, the state superintendent may direct an apportionment to be made to such district, according to the equitable circumstances of the case, to be paid out of the public money on hand; or if the same shall have been distributed, out of the public money to be received in a succeeding year. No. 40- 15. If after the time when the annual reports |