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The practice of inflicting corporal punishment upon scholars, in any case whatever, has no sanction but usage. The teacher is responsible for maintaining good order, and he must be the judge of the degree and nature of the punishment required where his authority is set at defiance. At the same time he is liable to the party injured for any abuse of a prerogative which is wholly derived from custom.- Per JOHN A. Dix, Sup't, Common School Decisions, 102.
By the 36th section of the act of 1841, in relation to common schools, (No. 171,) the board of supervisors of each county in the state is required to appoint a County Superintendent of common schools; and by $ 4, of the act of 1843, “ The board of supervisors of any county, in which there shall be more than one hundred and fifty school districts, may appoint two County Superintendents, or one, in their discretion; and at all such appointments hereafter made, the board shall divide the county into two convenient districts, designating the person appointed for each district respectively, when there shall be two appointed ; but no share of the public money shall hereafter be apportioned to any county in which a County Superintendent shall not have been appointed, unless by order of the Superintendent of common schools.”
Such County Superintendents hold their offices respectively for the term of two years, subject to removal by the board of supervisors, on complaint, and for causes to be stated, and by the Superintendent of Common Schools, whenever, in his judgment, sufficient cause for such removal exists; and the vacancy thereby occasioned is to be supplied by appointment under his hand and official seal, until the next meeting of the board of supervisors of the county in which such vacancy exists. A copy of the order making such removal, specifying the causes thereof, is required to be forwarded to the clerk of the board of supervisors, to'be by him laid before the board at their first meeting.
The powers and duties of the County Superintendent are:
1. To visit and examine all the schools and school districts committed to his charge as often in each year as may be practicable, having reference to the number of such districts; to notify the Town Superintendent of common schools of the town of the time appointed to visit the schools in such town, and to invite him to visit, with him, the said schools, and at any time to inquire into all matters relating to the government, course of instruction, books, studies, discipline and conduct of such schools, and the condition of the school-houses, and of the districts generally; and to advise and counsel with the trustees and other officers of school districts in relation to their duties, particularly in relation to the erection of schoolhouses, and to recommend to such trustees, and the teachers employed by them, the proper studies, discipline and conduct of the schools, the course of instruction to be pursued, and the books of elementary instruction to be used therein :
2. To examine persons offering themselves as candidates for teachers of common schools, and to grant them certificates of qualification, in such form as shall be prescribed by the Superintendent; which certificates shall be evidence of the qualification of such teachers, in every town and district of the county for which such County Superintendent shall be appointed :
3. By and with the consent of the Town Superintendent of any town to annul any certificate granted to any teacher in said town, whenever such teacher shall be found deficient:
4. And generally, by all the means in his power, to promote sound education, elevate the character and qualifications of teachers, improve the means of instruction, and advance the interests of the schools committed to his
• By Ø 7, of the act of 1843, it is provided that “all appeals now authorized by law to be brought to the Superintendent of Common Schools, shall first be presented to the County Superintendent of the county, or section of county in which the subject matter of such appeal shall have originated, in the same manner as now provided in rela. tion to appeals to the Superintendent of Common Schools, who is hereby authorized and required to examine and decide the same; and where the district in which the subject matter of such appeal shall have arisen, shall be a
joint district, embracing portions of two counties or towns, such appeal shall be brought to the County Superintendent of the county or section in which the school-house of such district shall be located. The decision of such County Superintendent shall be final and conclusive, unless appealed from to the Superintendent of Common Schools within fifteen days after the service of a copy of such decision upon the parties respectively. And an appeal from the decision of the County Superintendent to the Superintendent of Common Schools may be made in fifteen days, as now provided by law in relation to appeals from districts, in such manner and under such regulations as shall be prescribed by the Superintendent of Common Schools."
By $ 3, "certificates of qualification hereafter granted to applicants by County Superintendents, shall either be general, in the form heretofore prescribed under the authority of law, in which case they shall be valid throughout the district of the County Superintendent granting the certificate, until annulled; or special, in which case the town in which such applicant shall be authorized to leach shall be specified; and such certificate shall be in force for a term not exceeding one year.”
By ♡ 9, "the consent of the Town Superintendent shall not be requisite to the annulling of any certificate of qualification granted by any County Superintendent.”
By $ 37 of the act of 1841, (No. 172,) “any Superintendent may at any time resign his office to the clerk of the county for which he was appointed; and in case of a vacany in the office from any cause, such clerk may fill the vacancy, until the next meeting of the board of supervisors."
By $ 38, (No. 173,) " the County Superintendents shall be subject to such general rules and regulations as the Superintendent may from time to time prescribe, and appeals from their acts and decisions may be made to him in the same manner and with the like effect as in cases now provided by law, and they shall make reports annually to the Superintendent at such times as shall be appointed by him, which shall be the same as are now required to be made by county clerks, with such additional information as he shall require ; and for that purpose, they shall have access to the reports of the Town Superintendents filed with the county clerk, without charge ; and the county clerks shall not be required to make returns in those counties where such Superintendents may be appointed.
By $ 39, (No, 174,) “ the County Superintendents shall each be allowed two dollars for each day necessarily spent in the discharge of their duties; but the whole amount of compensation in any one year, shall not exceed five hundred dollars for any County Superintendent, and the amount shall be audited and certified by the board of supervisors of the county. One equal moiety of said amount shall be a county charge upon the counties respectively for which they shall be appointed, and shall be raised and paid in the same manner as other county charges. The remaining moiety shall be paid by the treasurer on the warrant of the comptroller, out of the annual surplus now appropriated to the capital of the common school fund, arising from the income of the moneys deposited by the United States."
By ♡ 6 of the act of 1843, the moiety of the compensa. tion of the County Superintendent of any county payable by the state, shall not hereafter be paid, except upon the production to the comptroller of the certificate of the Superintendent of Common Schools, that the County Superintendent has conformed to the instructions of the department and also made the annual report required by law.”
By Ø 11, “The board of supervisors of the several counties, may audit and allow the accounts of the County Superintendents of their respective counties, rendered under oath, for postage on their necessary official communications with the inhabitants and officers of the several districts within their jurisdiction."
The object of the legislature in requiring the appointment of County Superintendents for the several counties of the state, may be expressed in the terms of the recommendation of that measure that they should personally fisit the schools, give counsel and instruction as to their management, discover errors and suggest the proper remedy, animate the exertions of teachers, trustees and parents, and impart vigor to the whole system. All writers on public education concur in the decided opinion that ef