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ficient case for the library, with a good lock, if the district shall have neglected to do so. They are also to cause the books and
case to be repaired as soon as may be, when injured; and to provide sufficient wrapping, paper to cover their books, and the necessary writ. ing paper to enable the librarian to keep minutes of the delivery and return of books. These are proper ex. penses for the preservation and repair of the books, and are to be defrayed by a tax on the district, which is to be added by the trustees to any tax voted by a district meeting. It is not necessary that the tax to defray these expenses should be voted by the inhabitants of the district; it is to be assessed and collected in the same manner as a tax for building or repairing a school-house, or to furnish it with necessary fuel and appendages.
The trustees of each school district are required, at the time of making their annual reports, to deliver to the Town Superintendent of common schools of their town, a catalogue containing the titles of all the books in the district library, with the number of volumes of each set or series, and the condition of such books, whether sound, or injured, or defaced. This catalogue must be signed by them and by the librarian.
Trustees are authorized by the regulations of the Superintendent in pursuance of law, to impose the following fines:
Ist. For each day's detention of a book beyond the time allowed by the regulations, six cents, but not to be imposed for more than ten days' detention.
2d. For the destruction or loss of a book, a fine equal to the full value of the book, or of the set, if it be one of a series, with the addition to such value of ten cents for each volume. And on the payment of such fine, the par. ty fined shall be entitled to the residue of the series. If he has also been fined for detaining such book, then the said ten cents shall not be added to the value.
3d. For any injury which a book may sustain after it shall be taken out by a borrower and before its return, a fine may be imposed of six cents for every spot of grease or oil upon the cover or upon any leaf of the volume; for writing in or defacing any book, not less than ten cents, nor more than the value of the book; for cutting or tearing the cover, or the binding, or any leaf, not less than ten cents, nor more than the value of the book.
4th. If a leaf be torn out, or so defaced or mutilated that it cannot be read, or if any thing be written in the volume, or any other injury done to it, which rendars it unfit for general circulation, the trustees will consider it a destruction of the book, and will impose a fine accord. ingly, as above provided in case of loss of a book.
5th. When a book shall have been detained seven days beyond the twenty days allowed by the regulations, the librarian is to give notice to the borrower to return the same within three days. If not returned at that time, the trustees may consider the book lost or destroyed, and may impose a fine for its destruction in addition to the fines for its detention.
Previous to the imposition of any fine, two days' written or verbal notice is to be given by any trustee, or the librarian, or any other person authorized by either of them, to the person charged, to show cause why he should not be fined for the alleged offence or neglect ; and if within that time good cause be not shown, the trustees must impose the fine herein prescribed. No other excuse for an extraordinary injury to a book, thåt is, for such an injury as would not be occasioned by its ordinary use should be received, except the fact that the book was as much injured when it was taken out by the person charged, as it was when he returned it. As such loss must fall on some one, it is more just that it should be borne by the party whose duty it was to take care of the volume, than by the district. Negligence can be prevented, and disputes avoided, only by the adoption of this rule. Subject to these general principles the imposition of all, or any of these fines, is discretionary with the trustees, and they should ordinarily be imposed only for wilful or culpably negligent injuries to books, or where the district actually sustains a loss, or serious injury. Reasonable excuses for the detention of the books beyond the twenty days, should in all cases be received.
The librarian is to inform the trustees of every notice given by him to show cause against the imposition of a fine; and they are to assemble at the time and place appointed by him, or by any notice given by them, or any one of them; and to 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, is made conclusive evidence of the fact that a fine was imposed as stated in such minutes, according to the regulations.
It is 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, are to be applied to the purchase of the same or other suitable books.
VII. ANNUAL REPORT OF TRUSTEES.
1. WHEN TO BE MADE, AND WHAT TO CONTAIN.
By the fourteenth section of the act of 1843, trustees are required to make and transmit their annual reports to the Town Superintendent, between the first and fifteenth days of January in each year. By $ 91, (No. 136,) such report is to be dated on the first day of January, and must specify:
1. The whole time any school has been kept in their district during the year ending on the day previous to the date of such report, and distinguishing what portion of the time such school has been kept by qualified teachers:
2. The amount of moneys received from the Town Superintendent of common schools, during such year, and the manner in which such moneys have been expended:
3. The number of children taught in the district during
4. The number of children residing in the district, on the last day of December previous to the making of such report, over the age of five years and under sixteen years of age, (except Indian children, otherwise provided for by law,) and the names of the parents or other persons with whom such children shall respectively reside, and the number of children residing with each.
5. The amount of money paid for teachers' wages, in
such year :
addition to the public money paid therefor, and such other information in relation to the schools and the districts as the Superintendent of common schools may from time to time require.
By virtue of the authority conferred on the Superintendent, under this provision, they are also required to state in their annual reports,
1. The number of books belonging to their district library on the last day of December in each year:
2. The number of times the school in their district has been inspected and visited by the County and Town Superintendents, respectively, during the year reported:
3. The names of the several school books in use in the school in their district, during such year:
4. The number of pupils who have attended the school in said district for a term less than two months, during the said year; the number attending two, and less than four months ; the number attending four and less than six months ; the number attending six and less than eight months ; the number attending eight and less than ten months; the number attending ten and less than twelve months; and the number attending twelve months :
5. The number of select and private schools in their district, other than incorporated seminaries, and the average number of pupils attending them during the preceding year:
6. The number of colored children between the ages of five and sixteen years, attending any school for such children established in the district, and instructed therein at least four months by a teacher duly licensed, specifying the number attending from different districts, designating such districts, and the number from each, the amount of public money received from the Town Superintendent for such schools, during the year ending with the date of their report, and the amount paid for the compensation of such teacher, over and above the public money so received.
One of the most important items in the annual report of trustees is the number of children residing in the district between the ages of 5 and 16, as it affords the most sure and practical test of the progress of primary education. There is reason to believe, that the reports have heretofore been very inaccurate in this respect. Some
difficulty has, it is true, been experienced in determining with the requisite precision, the children proper to be included within the boundaries of the several districts
; but the specific provisions of the late act, $ 34, (No. 140, will, it is believed, remove every difficulty of this kind. By that section it is required that the reports shall include all children over 5 and under 16, who, at the date of the report, are actually in the district, composing part of the family of their employers, &c. residing at the time in the district, although such residence that is of the employ. ers, parents, &c. be temporary. But' children belonging to the family of a person who is an inhabitant of another district, are not to be included. If therefore a person who is not an inhabitant of some other district, resides temporarily in a given district, all the children belonging to his family are to be reported. The law embraces a class of persons who were not before enumerated in any district-those whose parents or employers had not gained a residence in the state.
Children attending an academy, are to be enumerated, only where their parents are actually residents of the district in which the academy is situated.Com. School Dec. 58.
Trustees are expressly prohibited by law from including in their enumeration children supported at a county poor-housė, (No. 139.)
The children of a man removing on the last day of December from one district to another, are to be enumerated in the district into which he moves. The enumeration is made with a view to the apportionment of the money for the succeeding year; and it is proper that the money drawn upon the basis of that enumeration should as far as possible, go to the district in which the children enumerated are to reside, and in which the money receiv. ed for their benefit is to be expended.-Com. School Dec. 216.
A man cannot, however, gain a residence in a place unless he goes there with the intention of remaining. Where, therefore, an inhabitant of a school district leaves such district with the whole or a portion of his family few davs nrevious to the last of Decemher, and groom into another district, where after remaining a few days, he