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He is also to prosecute for the penalty of twenty-five dollars imposed by Ø 96, R. S. (No. 145,) upon every trustee who signs a false report, with the intent of obtaining an unjust proportion of the school moneys of the town. Justice to the several districts requires that the Town Superintendents 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 him in suits for penalties, after deducting his costs and expenses, are to be added to the school moneys received by him during the year, and apportioned among the several districts.
VI. MISCELLANEOUS DUTIES.
By $ 34, (No. 42,) and the succeeding sections, the " Town Superintendent in each town is required to keep a just and true account of all school moneys received and expended by him during the year for which he shall have been chosen, and to lay the same before the board of audi. tors of the accounts of other town officers at the annual meeting of such board in the same year. Within fifteen days after the termination of his office he is required to render to his successor in office a just and true account, in writing, of all school moneys by him received, before the time of rendering such account, and of the manner in which the same shall have been appropriated and expended by him; and the account so rendered is to be delivered by such successor in office to the town clerk, to be filed and recorded in his office. If, on rendering such account, any balance shall be found remaining in the hands of the Town Superintendent, the same is immediately to be paid by him to his successor in office. If such balance, or any part thereof, shall have been appropriated by the Town Superintendent to any particular school district, part of a district or separate neighborhood, and shall remain in his hands for the use thereof, a statement of such appropriation is required to be made in the account so to be rendered, and the balance paid to such successor in office, to be paid over by him, according to such appropriation. Every Town Superintendent of common schools, who shall refuse or neglect to render such an account as is above
required, or who shall refuse or neglect to pay over to his successor in office, any balance so found in his hands, or to deliver a statement of the appropriation, if any there be, of such balance, for each offence, forfeits the sum of one hundred dollars. It is the duty of such successor in office to prosecute, without delay, in his name of office, for the recovery of such forfeiture, and to distribute and pay the moneys recovered, in the same manner as other school moneys received by him. Such successor in office may bring a suit in his name of office, for the recovery, with interest, of any unpaid balance of school moneys that shall appear to have been in the hands of any previaus Town Superintendent on leaving his office, either by the accounts rendered by such Town Superintendent, or by other sufficient proof. In case of the death of such Town Superintendent, such suit may be brought against his representatives, and all moneys recovered are to be applied in the same manner as if they had been paid over without suit.
By Ø 42, the Town Superintendent of common schools in each town, has the powers and privileges of a corporation, so far as to enable him to take and hold any property transferred to him for the use of common schools in such town.
A mere transfer of vouchers or receipts, by a Town Superintendent, on the expiration of his official term, is not such an account as the law contemplates. There must be a written statement of the amount of moneys received, appropriated, and expended by him; and this statement must be filed and recorded by the town clerk.—Com. School Dec. 189.
The written approbation of the Town Superintendent is, by the 13th section of the act of 1843, (No. 134) made requisite to the validity of any second or subsequent renewal of a school district warrant for the collection of a tax list or rate bill. This approbation should be granted only where a satisfactory excuse is shown for the omis. sion to collect the amount specified in the warrant within the time prescribed by law, and extended by one renewal; taxes and rate bills should be promptly collected; and in ordinary cases sixty days affords ample time for this pur
póse; and further indulgence should in no case be granted excepting under special and peculiar circumstances.
By 9.64 (No. 83) of the school act, it is provided that "no tax to be voted by a district meeting, for building, hiring or purchasing a school-house shall exceed the sum of four hundred dollars, unless the Town Superintendent of common schools of the town in which the schoolhouse is to be situated, shall certify in writing, his opinion that a larger sum ought to be raised, and shall specify the sum; in which case, a sum not exceeding the sum so specified shall be raised.” And by $ 1 of chap. 44, Laws of 1831, (No. 85,) “Whenever a school-house shall have been built or purchased for a district, the site of such school-house shall not be changed, nor the building thereon be removed, as long as the district shall remain unaltered, unless by the consent, in writing, of the Town Superintendents of Common Schools, of the town or towns within which such district shall be situated, stating that in their opinion such removal is necessary; nor then, unless two-thirds of all those present at a special meeting of such district, called for that purpose, and qualified to vote therein, shall vote for such removal and in favor of such new site."
Town Superintendents are bound to furnish answers to all appeals brought from any of their proceedings.-Com. School Dec. 187.
Where a school district is established by the County or State Superintendent on appeal, Town Superintendents have no power to alter, modify or dissolve the same, without express authority from such County or State Superintendent: nor can they, without such authority, re-establish a district, or re-publish an order after their proceedings in the same matter have once been set aside on appeal.
Where any school district office is vacated by the death, refusal to serve, removal out of the district, or incapacity of any officer, and the vacancy occasioned thereby shall not be supplied by a district meeting, within one month thereafter, the Town Superintendent may appoint any person residing in the district to supply such vacancy, ģ 99 (No. 71.) If, however, the district, by election, fills the vacancy after the expiration of the month, and prior to the action of the Town Superintendent, such election
is valid, and the Town Superintendent cannot subse. quently make an appointment.—Com. School Decisions, 179.
By $ 33 of the act of 1841, (No. 167) it is provided that “In any suit which shall hereafter be commenced against Town Superintendents of Common Schools, or officers of school districts, for any act performed by virtue of, or under color 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 10 suits for penalties, nor to suits or proceedings to enforce the decisions of the Superintend.
By $ 6 of chap. 330 of Laws of 1839, (No. 166,). " Town Superintendents of common schools, and trustees and clerks of school districts, refusing or wilfully neglecting to make any report, or to perform any other duty required 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 neglect or refusal, which penalty shall be sued for and collected by the supervisor of the town, and paid over to the 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 any portions thereof, or any money to which a town or school district would have been entitled, shall be lost in consequence of any wilful neglect of official duty by any Town Superintendent of common schools, 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."
FORMS PRESCRIBED AND RECOMMENDED BY THE SUPERINTENDENT OF COMMON SCHOOLS FOR THE USE OF TOWN SUPERINTENDENTS.
1. Form of Bond to be given by the Town Superintendent to the
Supervisor, within ten days after his election or appointment.
Know all men by these presents, that we A. B., C. D., and E. F., of the town of — in the county of — are held and firmly bound to J. K. Esq., Supervisor of said town, in the penal sum of [double the amount of school money received in said town from all sources during the preceding year,] to be paid to the said J. K. or his successor in office; to the which payment, well and truly to be made, we bind ourselves and our legal representatives, jointly and seve rally, firmly by these presents. Witness our hands and seals this - day of June, 1843.
Whereas the said A. B. has been duly elected (or appointed] Town Superintendent of Common Schools for the said town of Now therefore, the condition of this obligation is such, that if the said A. B. shall faithfully apply and legally disburse, all the school money which may come into his hands during his term of office as such Town Superintendent, then this obligation to be null and void; otherwise to remain in full force and virtue. Signed, sealed and deli. )
A. B. (L. s.] vered in presence of
C. D. [L. S.]
E. F. (L. 8.) (Endorsement.) " I hereby approve of C. D. and E. F. as sure. ties to the within bond.”
2. Form of a resolution creating a New District. At a meeting, &c.
Resolved, That a new school district be formed, to consist of [the present Districts No. 1 and No. 2; or the present District No. 1 and a part of District No. 2; or parts of Districts No. 1 and No. 2, as the case may be,) which said new district shall be numbered [23,] and shall be bounded as follows: [on the north by the north line of the town of Trenton: on the east by the easterly line of the farms and lots of land now occupied by Thomas Jones, William Thomas, &c.; on the south by the south line of lots No. 56, 57 and 58, as de signated on the map of said town; and on the west by the westerly line of the farms and lots now occupied by A, B, C, D, &c.]
The formation of the aforesaid district, involving an alteration of District No. [1 and No. 2,] the consent of the trustees of the said districts to such alteration has been presented to the Town Superintendent, and filed with the town clerk. [Or, if such consent has not been given, the following entry should be made: The formation of the aforesaid district, involving an alteration of districts No. 1 and 2, and the consent of the trustees of District No. 1 to such alteration not having been given, it is ordered that a notice in writing of the said alteration, signed by the Town Superintendent, be served on one of the trustees of the said district, by the clerk of the town Superintendent.)