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CHAPTER V.

DISTRICT CLERK.

THE general duties of this officer are particularly specified in § 74, of the school act (No. 102.) He is to keep in a book, to be provided by the district, a record of the proceedings of each annual and special meeting held in his district; to give notice of the time, place and object of such meetings in the manner prescribed by law; and to preserve all records, books and papers relating to the district, and deliver the same, on the expiration of his official term, to his successor.

By 17 of the Laws of 1841, (No. 79,) he is to notify a special meeting for the election of officers, whenever the time for holding the annual meeting has passed, without such election being held; and generally it is his duty to give the necessary legal notices of a district meeting, whenever required to do so by a majority of the trustees. The purpose and object of such meetings should in all cases be set forth in general terms; and this is specially required by law when a meeting is called for the purpose of changing the site and removing the school-house in an unaltered district. [See Nos. 85, 86 and 87.] And also when a tax is to be levied for the purchase of books for a district library. [See No. 175.]

By 63, (No. 82,) it is declared that "the proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent." But this provision will not exonerate a clerk from liability for gross neglect; nor will it sanction an intentional omission to give notice.

Notices of annual and special meetings must be given at least five days before the day on which such meetings

are directed to be held; that is, the notices for a meeting to be held on Saturday for instance, must be given on or before the preceding Monday.

In the case of annual meetings, or special meetings, which have been adjourned for a longer time than one month, a notice in writing, affixed in at least four public places in the district, is sufficient; but notices of special meetings must be personally served on each inhabitant of the district liable to pay taxes, (which includes, of course, every legal voter in the district)" by reading the notice in the hearing of such inhabitant, or in case of his absence from home, by leaving a copy thereof, or of so much thereof as relates to the time and place of such meeting, at the place of his abode." (§ 56, No. 67.)

Form of Notice for Annual Meeting.

Notice is hereby given, that the annual meeting for the election of officers in district No. in the town of and for the transaction of such other business as the meeting may deem necessary, will be held at the school-house in said district on Monday, the Dated this

day of
day of

at six o'clock, P. M.

A. B. District Clerk.

Form of Notice for an adjourned District Meeting, to be posted up in four public places in the District.

SCHOOL DISTRICT NOTICE.

Notice is hereby given, that a meeting of the freeholders and inhabitants of school-district, No.

in the town of

on the

authorized by law to vote therein, will be held at
day of
next, (or instant, as the case may be,) at
noon, pursuant to adjournment.
day of

o'clock in the Dated this

A. D. 18

A. B. District Clerk.

Form of a Notice for a Special District Meeting.

To the clerk of district number
The trustees of district number

day of

at a meeting held for the

18 at

purpose, have resolved that a special meeting be called at the schoolhouse, on the o'clock in the noon of that day, for the purpose of [choosing a collector in place of A. B. removed, or whatever the object of the meeting may be,] and for the transaction of such other business as the meeting may deem necessary.

You will therefore notify each inhabitant of the district entitled to vote therein, by reading this notice in his hearing, or if he is absent from home, by leaving a copy of it, or so much as relates to

the time and place of meeting, at the place of his abode, at least five days before such meeting.

Dated at

this

day of

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The district clerk of each school district in this state, is, by a regulation of the department, required within ten days after each annual or special meeting for the election of officers in his district, to forward to the town clerk, the names of the several officers elected at such meeting, and the offices to which they were respectively elected.

In pursuance of § 32, of the act of 1841, (No. 169,) the District School Journal is forwarded by mail, to the clerk of each district, whose duty it is, by that section, to cause each volume to be bound at the expense of the district, and to deposit the same in the district library. He or one of the trustees is therefore bound to take the paper from the post-office, punctually, paying the postage, quarterly in advance and the amount so paid, being an expenditure authorized by law, may be added by the trustees to any tax list thereafter made out for district purposes, and refunded to the clerk, or trustee paying it. Great care should be taken to secure the regular receipt and careful preservation of the numbers, which will be sent on the first of each month; and with this view, the clerk should stitch them together in covers, as soon as they arrive; and in no case permit them to be taken out of his custody, although any inhabitant of the district should be allowed free access to them, for the purpose of perusal, at all proper hours. The same precautions should be observed, and the same freedom of access and perusal allowed, in respect to the volume of Laws and Instructions, the volume of Common School Decisions and Laws heretofore published, and all other books, papers and documents belonging to the district, and placed under his official control.

They will observe that heavy penalties and forfeitures are incurred by them, under § 6 of the act of 1939, (No. 166,) for neglect of any duty devolved upon them by law; and that they are made individually responsible for any loss that may accrue to their district, in consequence of such neglect, or omission.

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CHAPTER VI.

COLLECTORS OF SCHOOL DISTRICTS.

It is the duty of the collector of each district "to collect and pay over to the trustees of his district, some or one of them, all moneys which he shall be required by warrant to collect, within the time limited by such warrant for its return, and to take the receipt of such trustee or trustees, for such payment." § 105, (No. 155.)

When required by the trustees, such collector is to execute a bond, with one or more sureties, to be approved by one or more of the trustees, in double the amount of any tax list, (or rate-bill,) to be collected, and conditioned for the due and faithful performance of his duty. 106, (No. 156.)

In case such bond is not executed within the time allowed by the trustees for that purpose, which shall not be less than ten days, the office of the collector is vacated, and the trustees may appoint any other person to supply the vacancy.

1. JURISDICTION OF THE COLLECTOR.

By § 28, of the act of 1941, (No. 132,) the jurisdiction of the collector in the execution of his warrant, is unlimited; and extends to any other district or town, " in the same manner, and with the like authority, as in the district for which he was chosen or appointed,'

2. MODE OF PROCEEDING IN THE COLLECTION OF TAXES AND RATE-BILLS.

By various provisions of the school act collectors are authorized and required, in the execution of warrants, delivered to them for the collection of tax lists and rate-bills, to collect the amount due from the respective persons nam

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