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The town superintendent will, therefore, be bound to distribute the interest, and the principal when directed by the town, equally among the districts. He cannot adopt a more just or convenient ratio than that established by the existing law, in relation to the public money-the number of children above five, and under sixteen years of age.

No part of the interest or principal of this town fund can be distributed as "library money;" "the whole must be apportioned and paid over as school money."

There are laws of a similar character respecting the gospel and school lots, which are so local and peculiar as not to justify any particular observations concerning them, in a general circular; except that it seems to the superintendent none of these funds can be applied to the purchase of books.

In apportioning and paying the money in their hands to trustees of school districts, the town superintendents will bear in mind that the "teachers' money" and the "library money" are entirely independent of each other. The report of the trustees of school districts may entitle them to their "teachers' money," and yet they may not have complied with the conditions upon which they are authorized to receive the "library money." For instance, they may not have expended the latter in the purchase of books, or maps, globes and scientific apparatus; and yet they may have fully complied with the law in regard to their schools. So they may be entitled to "library money," and yet not have had a school kept four months by a qualified teacher. In all such cases the money appropriated to the different objects, teachers or library, is to be distributed upon the reports relating to those objects only.

The teachers' money is to be paid over on the written order of a majority of the trustees of each district, to the teachers entitled to receive the same.' It will therefore be incumbent on the town superintendent to satisfy himself, both of the genuineness of the order, and that the person presenting it has the certificate of the trustees that he is or was a teacher of the district, and duly qualified according to law. In order to entitle a district to its share of teachers' money, it must appear from its annual 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," after obtaining a

certificate of competency from the proper authority; that all the teachers' money received during the year has been expended in the payment of such 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 such report must, in all other respects, be in accordance with law, and the requisitions and instructions of the Superintendent, made in pursuance of law. In other words, it must be in the form prescribed by the Superintendent, and must contain all the information required by law and by the department to be given. With the ample opportunities afforded for correction, and for the interposition of the department when requisite, prior to the apportionment, it will hereafter be expected that the apportionment of teachers' money will be made with reference exclusively to the reports and orders of the department, then before the town superintendent; and no application subsequently made for the interposition of the department will be regarded, unless the most satisfactory explanation of the delay is given.

The library money is to be paid over to, or on the order of, a majority of the trustees, on its appearing from the annual report that "the library money received at the last preceding apportionment was duly expended according to law, (in the purchase of books suitable for a district library, or in the purchase of maps, globes, black boards, or other scientific apparatus for the use of the schools, in the cases and in the mode prescribed by the late law, and which will be hereafter considered) on or before the first day of October subsequent to such apportionment." The report must uniformly be accompanied with a catalogue of the library, and must state accurately the number of volumes and their condition; and when the money has been expended in the purchase of apparatus, &c., the authority under which such expenditure has been made, and a full and particular inventory of the articles purchased, must be specifically reported.

By 147 of the act of 1847, (No. 184,) town superintendents are required to apportion and pay to the trustees of colored schools, established in their town, according to the provisions of that section, a portion of the public money, according to the number of colored children between the ages of 5 and 16 years, appearing by the reports of the trustees to have been instructed in such schools for at least four months during the preceding year by a licensed teacher, and to deduct the amount so apportioned from the shares of the districts from which such children have respectively attended.

III. Duties of Town Superintendents in relation to the prosecution and collection of penalties and forfei

tures.

1. By subdivision 8 of § 8, (No. 33,) the town superintendents are to sue for and collect by their name of office, all penalties and forfeitures imposed by the title relating to common schools, where no other provision is made. Under this provision they are to prosecute for the sum of ten dollars, forfeited by each town superintendent neglecting to make an annual report, imposed by § 22. (No. 47.) The forfeiture of an amount equal to that lost by their neglect, imposed by § 23 (No. 48) is to be sued for by the supervisor. They are also to prosecute for the penalty of five dollars prescribed by § 57, (No. 82,) upon the refusal or neglect of any inhabitant of a district to serve the notice of the first meeting; the same penalty for altogether refusing to serve in a district office; and the penalty of ten dollars for neglecting to perform the duties of a district office, not having refused to accept the same. This last penalty must be distinguished from that imposed by § 145, (No. 173.) That given by No. 104,( § 79,) is to be recovered for wholly neglecting to perform the duties of a district office, which the incumbent has colorably accepted; see 6 Cowen, 479; while the forfeiture prescribed by No. 173, (§ 145, act of 1847,) is for the neglect of any specific duty, and may be collected for any one wilful omission; and the latter is to be sued for by the supervisor of the town.

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They are also to prosecute for the penalty of twenty-five dollars imposed by 123, (No. 148,) upon every trustee who signs a false report, with the intent of obtaining an unjust proportion of the school moneys of the town. There is reason for suspecting that this duty of trustees, especially in reference to the whole number of children between five and sixteen, in a district, is often performed erroneously. Justice to the several districts requires that the town superintendent should be vigilant in detecting such errors, and in applying the remedy provided by law, in all cases where they arise from design.

The sums collected by them in suits for penalties, after deducting their costs and expenses, are to be added to the school moneys received by them during the year, and apportioned among the several districts.

For the purpose of having authentic evidence of the amount collected, and of its application, town superintendents of common schools are hereby required to state in their annual reports, whether they have or have not, since the date of the preceding report, collected any fines, penalties or forfeitures, and if any, they must specify the amount, and the person of whom collected, the offence for which it was imposed, the amount of costs and charges in its collection, and the disposition made of it.

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IV. Duties of Town Superintendents in the inspection of Schools and licensing of Teachers.

The town superintendents are by law inspectors of the common schools of their town, and are entitled to the daily compensation provided by law, for their services as such. The performance of their duties as inspectors, particularly in visiting the schools, is indispensable to the proper and faithful execution of their powers, as they can thus become acquainted with the actual condition of the districts and their schools, and be enabled to determine on the propriety of any alterations necessary to improve them; nor should this duty be relaxed in consequence of the appointment of county superintendents. The local information which their situation enables them to give, and the benefits they will derive from the suggestions of the county superintendents, will much facilitate the labors of each, and render them more useful.

The 41st section of the school act, (No. 66,) makes it the duty of each town superintendent to visit all the common schools in his town which shall be organized, at least twice in each year, and the penalty of ten dollars imposed by § 145 of the act of 1847, (No. 173,) for the neglect of any duty prescribed by law, undoubtedly attaches for the omission to visit the schools. Each town superintendent should visit every school in his town, at least once during each term.

If the opinions of the best and most experienced writers on primary education, are not entirely fallacious; and if all the results of experience hitherto are not deceptive, the consequences of such a vigorous system of inspection will be most happy. The teachers and pupils will feel that they are not abandoned to neglect; the ap

prehension of discredit will stimulate them to the greatest effort; while the suggestion of the visiters will tend constantly to the improvement of the schools, and they will themselves be more and more enabled to recommend proper measures from their better acquaintance with the subject.

The following is a form of a certificate to be given to a teacher by the town superintendent:

I hereby certify that I have examined [here insert the name of the teacher,] and do believe that he [or she, as the case may be,] is well qualified in respect to moral character, learning and ability, to instruct a common school in this town for one year from the date bereof.

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A certificate cannot be annulled until ten days previous notice in writing has been given to the teacher and to the trustees of the district in which he has been employed, of the intention to annul the same. As the complaint must necessarily be stated, and its truth investigated before any decision, it would be more convenient to the town superintendent, and more fair and just to the teacher, to apprise him of its nature, in the notice of intention to annul.

The following may be the form of the instrument annulling a certificate:

Having inquired into certain complaints against A. B., heretofore licensed as a teacher of common schools of said town, and being of opinion that he, the said A. B., does not possess the requisite qualifications as a teacher, in respect to moral character, [or" in respect to learning," or "in respect to ability in teaching," as the case may be,] and having given at least ten days' previous notice in writing to said teacher, and to the trustees of the district in which he is employed, of my intention so to do, I have annulled, and hereby do annul the said certificate and license so granted as aforesaid. Given under my hand this

day of

184

C. D. Town Superintendent of
Common Schools of the town of

As a note in writing, containing the name of the teacher, and the time when his certificate was annulled, must be filed in the town

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