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Given under our hands, this

of Lord one thousand eight hundred and

day of

in the year

A. B.

C. D. Trustees.
E. F.

There will still remain $3 10 of the amount due the teacher for his wages, being the amount of exemptions by the trustees; and this sum must be levied by tax on all the taxable inhabitants of the district and corporations holding property therein, in the same manner as though such amount had been actually voted by the district to be raised. If the teacher can wait upon the district, or the trustees choose to advance the money in its behalf, the amount may be added to the next tax that may be voted for district purposes. It should, however, be assessed within a reasonable time; and wherever the amount of exemptions is sufficient to warrant an immediate assessment, it should at once be levied. The trustees must exercise a sound discretion in this respect, with reference to the amount to be raised, and the probability of an early opportunity to add it to some district tax.

The following property when owned by any person being a house-holder is exempt from the operation of the collecter's warrant, on a rate-bill, viz :

"1. All spinning wheels, weaving looms and stoves put up, or kept for use in any dwelling house:

"2. The family bible, family pictures and school books used by or in the family of such person; and books not exceeding in value fifty dollars, which are kept and used as part of the family library: "3. A seat or pew occupied by such person or his family, in any house or place of public worship:

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4. All sheep to the number of ten, with their fleeces and the yarn or cloth manufactured from the same; one cow, two swine, the necessary food for them; all necessary pork, beef, fish, flour, and vegetables actually provided for family use; and necessary fuel for the use of the family for sixty days:

"5. All necessary wearing apparel, beds, bedsteads and bedding for such person and his family; arms and accoutrements required by law to be kept by such person; necessary cooking utensils; one table; six chairs; six knives and forks; six plates; six teacups and saucers; one sugar dish; one milk-pot; one tea-pot and six spoons; one crane and its appendages; one pair of and-irons and a shovel and tongs:

"6. The tools and implements of any mechanic, necessary to the carrying on of his trade, not exceeding twenty-five dollars in value.” Sec. 22. Chapter 6. Art. 2. Title 5. Part 3. Rev. Stat.

Where a person agrees to pay for a certain number of scholars, he is entitled to the benefit of the public money in reduction of their school bills-Com. School Dec. 83.

In making out rate-bills, inhabitants of districts can only be charged for so much time, as their children have actually attended school.-Id. 15.

All children attending the district school must be charged at the same rate for tuition, without regard to the studies pursued.—Id. 47.

A resident of a school district cannot be prosecuted by the trustees for the amount due on his rate-bill. The only remedy against him is by distress and sale of his goods and chattels.Id.

254.

In the exercise of the power conferred upon the trustees, of exempting indigent inhabitants of their district from the payment of the whole or of portions of their rate-bills, the utmost liberality, compatible with justice to the district, should be indulged. Nothing can be more at variance with the benign spirit and intent of the school laws, than the compulsory distress and sale of articles of absolute necessity to an indigent family, for the purpose of satisfy ing the rate-bill for teachers' wages. And yet cases of this kind are frequently brought to the notice of the department. Every reasonable facility should be afforded to the children of the poor, for the attainment of all the blessings and advantages of clementary instruction: and this should never be permitted to become in any degree burdensome to their parents. Where any inhabitant of the district in indigent circumstances cannot meet the rate-bill for the payment of the teachers' wages, without subjecting himself to serious embarrassment, or his family to sensible deprivation, he should promptly and cheerfully be exonerated. A just feeling of pride may reasonably be expected to preclude any from availing themselves of this exemption, unless under the pressure of absolute necessity; and occasional abuses of the privilege so accorded, are productive of less disastrous results, than a prevailing impression among the indigent inhabitants of a district, that their children can partake of the advantages of common school education, only at a burdensome charge to themselves, and by a sacrifice of the ordinary necessities and comforts of their families.

Indigent persons may be exempted from the payment of school bills, whether there is public money to be applied to the term or Com. School Dec. 56.

not.

The exemption of indigent persons from the payment of the wages of teachers is a matter of discretion with the trustees, not regulated by any specific restrictions, but entrusted to them to be disposed of in good conscience, with a just regard to the rights of all concerned.—Id. 241.

Trustees are the sole judges of the ability of the persons residing within their respective districts to pay their school bills.- Com. School Dec. 254.

The wages of an unqualified teacher must be collected by ratebill against those sending to school, in the same manner as though he held a certificate, provided he was duly employed by the trustees. -Id. 61, 76, 213.

The wages of two teachers, employed for different terms, or different portions of the same term, at different rates of compensation, cannot be included in one rate-bill.-Id. 168, &c.

Trustees cannot transfer to teachers the right of enforcing the collection of their wages. If the teacher agrees to collect his own wages, it is right that he should do so, to the extent of his ability; but in case of failure, the trustees alone can issue a rate-bill and warrant; and they should do so notwithstanding any agreement to the contrary with the teacher.-Id. 288; Per Dix, Sup't.

Trustees cannot include in a rate-bill any other object than the wages of the teacher under the contract made by them.

Where a person had from charitable motives, taken a poor family to reside with him, in his house, the children of which attended the district school, it was held that he was not liable for the tuition of such indigent children, unless they were sent to school by him under an express or implied contract to be responsible for such tuition; and that if sent by their parents, or if they attended school of their own accord, the trustees should exempt the parents from payment of the tuition bill.-Per SPENCER, Supt. 1840.

A grandfather is not prima facie liable for the board or schooling of a grandchild. He may, however, become liable, in the same manner and to the same extent as any individual who has a youth residing with him whom he supports and suffers to go to school, without giving any particular directions on the subject. An implication would arise that it was by his assent. But the father or mother is prima facie liable: and some positive acts on the part of the grandfather must be shown, amounting to an assumption of liability on his part before he can be held responsible for the payment of tuition under such circumstances.-Id. 1841.

SCHOOLS FOR COLORED CHILDREN.

By § 147 of the act of 1847, (No. 179,) a school for colored children may be established in any district, with the approbation of the commissioners, which is to be under the charge of the trustees of the district in which such school is established. Trustees in their annual reports are also required particularly to specify the number of such children over four and under twenty-one years of age attending such school from different districts, naming such districts respectively, and the number from each attending for four months, and instructed by a duly qualified teacher, which report is to form the basis of an apportionment to such school, of a share of the public money.

The provisions contained in this section are more particularly applicable to those cities and large villages where no special legal provisions have been made for the instruction of colored children. The means provided, are it is true, altogether insufficient to meet the expense which must necessarily be incurred in the organization of these schools; and inasmuch as the class of community for whose special benefit they are intended are generally unable to contribute to such expense, in any considerable degree, the

object in view can seldom be fully attained, but through the efforts of charitable and benevolent individuals in the several districts, from which the colored schools are composed. These efforts have hitherto been paralyzed from the absence of any legal power to effect the necessary organization; and the provision now made was, doubtless, intended to supply that defect, and to furnish a nucleus around which the benevolent exertions of the friends of education and humanity might be concentrated. If, however, in any of the country districts, a colored school can be organized and efficiently kept up for the requisite length of time, it is hoped no efforts will be spared to carry into effect the provisions of the section. Colored children are entitled equally with all others, to the privileges and advantages of the district school; and wherever they can be grouped together in a separate school, under the charge of a competent teacher, they will be far more likely to derive the full benefits of such instruction as may be best adapted to their circumstances and condition, while at the same time, the disadvantages inseparable from their attendance at the district school, will be avoided.

Trustees have power, with the assent of the Town Superin, tendent, and by a vote of the inhabitants of their district, to purchase, hire or build a school-house or room for the accommodation of the colored children of their own and other adjoining districts; to supply the same with the necessary furniture, fuel and appendages; and to employ a competent teacher.

By § 104, of the act of 1847, (No. 127,) the trustees of each district are to provide a book, in which the teachers are to enter the names of the scholars attending school, and the number of days they shall have respectively attended, and also the number of times the school has been inspected by the Town Superintendents. This list is to be verified by the oath of the teacher.

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None but children residing in a school district can of right be benefitted by the public money. Indeed, the trustees can exclude all children, except those who are residents of the district, from the school. But if such non-resident children are permitted by the trustees to attend the school, their parents should be apprised of the conditions on which they are received; and one of these conditions may be, that part of the public money shall be applied for their benefit. Where no such conditions however are exacted by the trustees, and such non-resident childrén are admitted on the application and responsibility of an inhabitant of the district, the trustees must make out the rate bill against such inhabitant in the usual manner.

Children of non-resident parents coming into a district and boarding for the purpose of attending school therein, are not entitled to any share of the public money in reduction of their rate bills; and their tuition, in such case, may be charged, in the first instance, to the person with whom they board; whose liability therefor can be discharged only by express notice to the trustees,

that he declines being accountable for such tuition. Where, however, such children are hired to labor or service in the family of an inhabitant of the district, or are regarded and treated as part of the family of such inhabitant and not as mere temporary boarders, they are entitled to participate equally with the other children of the district, in the public money.-Per YOUNG, Sup't. 1842.

Trustees cannot refuse admittance in the school to any child whose residence is in the district, if such child complies with the reasonable and proper regulations of the school. Com. School Dec. 47.

No child residing in a school district can be excluded from the school on account of the inability of the parents to pay his tuition.-Id. 119.

If a non-resident owner of taxable property in the district sends his children to the school in such district they should be permitted to attend, unless by their admission the school would become too crowded.-Id. 317.

All children residing in a district and attending the school, are entitled to participate in the public money, without reference to their ages.-Id. 34.

As a general rule, all under the age of twenty-one years, and of a proper age to be benefitted by instruction, are entitled to admission. There must, however, be some discretion vested in the trustees, in regard to such admission. Children having infectious diseases-idiots-infants-and persons over twenty-one, may undoubtedly be excluded; and colored children, where their attendance is obnoxious to the greater portion of the patrons of the school, especially in cases where schools have been established for their separate benefit, within a reasonable distance from their residence. -Per SPENCER, Sup't. 1841.

It is the duty of the trustees to co-operate with the teacher in the government of the school, and to aid him, to the extent of their power and influence, in the enforcement of reasonable and proper rules and regulations; but they have no right to dismiss a scholar, except for the strongest reasons; for example, such a degree of moral depravity as to render an association with other scholars dangerous to the latter, or such violent insubordination as to render the maintenance of discipline and order impracticable, in which case they may legally exclude him from the school, until such period as he may consent to submit to the reasonable rules and regulations of the teacher and trustees; and if after such exclusion he persists in attending, without permission from the Trustees, and contrary to their directions, he may be proceeded against as a trespasser.-Per DixX and MORGAN, Sup'ts 1837 and 1850.

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