DISTRICT SCHOOL JOURNAL, OF THE STATE OF NEW-YORK. VOL. IV. ALBANY, NOV., 1843. STATUTES RELATING TO COMMON SCHOOLS. [Pursuant to the directions of the 43d section of the act of May 26, 1841, there are inserted in this publication, all acts and parts of acts relating to common schools, which are now in force; and where the provisions of that title have been altered by subsequent acts, such provisions have been varied in order to conform them to such alteration. The original number of each section, is in all cases, retained, whether it was a part of the Revised Statutes or was taken from some session law passed since 1828. In the latter case, there is a reference to a note at the foot of the page, which gives the particular chapter from which the section is taken, and its number is inclosed within brackets, in order to designate it more distinctly from the sections of the Revised Statutes which are printed with the section mark only.] ARTICLE FIRST. school moneys: 3. Plans for the improvement and management of the common school fund, and for the better organization of the common schools: and, 4. All such matters relating to his office, and to the common schools, as he shall deem expedient to com. municate. No. 2-5 41.] The superintendent of common schools may designate and appoint any one of the clerks employed by him to be his general deputy, who may per form all the duties of the superintendent in case of his absence or a vacancy in his office. (1) No. 8. No. 7-5. If an increase of the school moneys to be distributed, shall take place in any other year, than one immediately following a census, the superintendent shall apportion such increase amongst the several counties, cities and towns, according to the ratio of the apportionment then in force.(1) No 3-6. When the census, or returns, upon which an apportionment is to be made, shall be so far defective, in respect to any county, city, or town, as to renner it impracticable for the superintendent to ascertain the share of school moneys, which ought then to be apportioned to such county, city, or town, he shall ascer tain, by the best evidence in his power, the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly. No. 9-7. Whenever, in consequence of the division of a town, or the erection of a new town, in any county, the apportionment then in force shall become unjust, as between two or more of the towns of such county, the superintendent shall make a new apportionment of the school moneys next to be distributed amongst such towns, ascertaining by the best evidence in his power, the facts upon which the ratio of apportionment as to such towns, shall depend. No. 10-8. The superintendent shall certify each ap portionment made by him, to the comptroller, and shall give immediate notice thereof, to the clerk of each county interested therein, and to the clerk of the city and county of New-York; stating the amount of money's apportioned to his county, and to each town and city therein, and the time when the same will be payable to the treasurer of such county, or to the chamberlain of the city of New-York. No. 11- 9. The superintendent shall prepare suitable forms and regulations for making all reports, and conducting all necessary proceedings, under this Title, and shall cause the same, with such instructions as he shall deem necessary and proper, for the better organization and government of common schools, to be transmitted to the officers required to execute the provisions of this Title throughout the state. No. 3-[9] The superintendent of common schools may appoint such and so many persons as he shall from time to time deem necessary, to visit and examine into No. 12-10. He shall cause so many copies of the the condition of the common schools in the county first six Articles of this Title, with the forms, regulawhere such persons may reside, and report to the super- tions and instructions prepared by him, thereto annexintendent on all such matters relating to the conditioned, to be, from time to time, printed and distributed amongst the several school districts of the state, as he shall deem the public good to require. of such schools, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to the said visiters for such services. (2) No. 4-[7.] Copies of papers deposited or filed in the office of the superintendent of common schools, and all acts and decisions by him, may be authenticated under the seal of the office of secretary of state, and when so authenticated shall be evidence equally and in like manner as the originals.(3) No. 52. In every year, immediately following a year in which a census of the population of this state shall have been taken, under the authority of the state, or of the United States, the superintendent shall appor tion the school moneys to be annually distributed, amongst the several counties of the state, and the share of each county, amongst its respective towns and cities, No. 6- 3. Such apportionment shall be made among the several towns and cities of the state, according to the ratio of their population respectively, as compared with the population of the whole state, according to the last preceding census. No. 13-11. All moneys reasonably expended by him, in the execution of his duties, shall, upon due proof, be allowed to him by the comptroller, and be paid out of the treasury. ARTICLE SECOND. Of the distribution of the Common School Fund. No 14.-12. The sum annually to be distributed for the encouragement of common schools, shall be paid on the first day of February, in every year, on the warrant of the comptroller, to the treasurers of the several counties, and the chamberlain of the city of New York. No. 15- 13. The treasurer of each county, and the chamberlain of the city of New York, shall apply for and receive the school moneys apportioned to their respective counties, as soon as the same become payable. No. 16- 14. Each treasurer receiving such moneys, shall give notice in writing, to some one or more of the commissioners of common schools of each city and to (1) Amendatory act of 1830, chap. 320, § 6, and by ◊ 6 of same chap. the orig. 4 is repealed. the town superintendent of common schools of each in by the supervisors of such county; and in such ease the balance so withheld shall be added to the principal of the common school fund.(1) No. 23 (a)- 2. There shall hereafter be annually elected in each of the towns of this state, at the same time and in the same manner that other town officers are chosen, an officer to be denominated "Town Super intendent of Common Schools," who in addition to the powers and duties hereinafter conferred and imposed, shall perform all the duties, and be subject to all the restrictions and liabilities now by law imposed upon commissioners and inspectors of common schools, except as otherwise herein provided. It shall be his du ty, within ten days after his election, to execute to the No. 18-16. Whenever the clerk of any county shall supervisor of his town and file with the town clerk, a receive from the superintendent of common schools no- bond with one or more sufficient sureties, to be approvtice of the apportionment of moneys to be distributed|ed of by said supervisor by endorsement over his signain the county, he shall file the same in his office, andture on said bond, in the penalty of double the amount transmit a certified copy thereof to the county treasur-of school money which his town received from all er, and to the clerk of the board of supervisors of the sources during the year preceding that for which he county; and the clerk of the board of supervisors shall shall have been elected, conditioned for the faithful ap lay such copy before the supervisors at their next plication and legal disbursement of all the school monmeeting. ey coming into his hands. In case such bond shall not No. 19- 17. It shall be the duty of the supervisors, be executed and filed within the time herein prescribed, at such meeting, and at every annual meeting thereafthe office of such town superintendent shall be deemed ter, to add to the sums of money to he raised on each vacant, and such or other vacancy shall be filled in the of the towns of the county, for defraying the necessary same manner as vacancies in the office of commissionexpenses thereof, a sum equal to the school money's ers of common schools are now by law directed to be which shall have been apportioned to such town; filled. Such town superintendent shall be entitled to a which moneys, so added, together with the fees of the compensation of one dollar and twenty five cents for collector, shall be levied and collected in the same every day necessarily spent in the discharge of the dumanner as other moneys directed to be raised in the ties of his office, to be audited and allowed as other town charges. lown. ARTICLE THIRD. No. 20- 18. The supervisors shall cause and require The Powers and Duties of the Town Superintendent of No. 24-24. It shall be the duty of the town superin 1. To divide the town into a convenient number of No. 21-19. If there shall not be any town superin-school districts, and to regulate and alter such districts tendent of common schools in such town when the moneys are collected, the collector shall pay the same retaining his fees for collection, to the county treasurer, to be by him apportioned among the several cities and towns in the county, and distributed in the manner provided in the fifteenth section of this Title. as hereinafter provided: 2. To set off by itself any neighborhood in the town adjoining to any other state of this Union, where it has been usual, or shall be found convenient for such neighborhood to send their children to a school in such adjoining state. to deliver the description and numbers thereof, in wri3. To describe and number the school districts, and ting, to the town clerk; immediately after the forma tion or alteration thereof: 4. To deliver to such town clerk a description of each neighborhood, adjoining to any other state, set off by itself: No. 22-15 2.] Whenever any board of supervisors shall hereafter omit, at their annual meeting, to add to the sums of money to be raised on the towns of their county, an equal sum to that apportioned to such towns by the superintendent of common schools in any year, it shall be their duty to hold a special meeting for the purpose of adding the sum that may be deficient, whenever it can be done in time to allow such deficient sum 5. To apply for and receive from the county treasurer to be collected with the other taxes of the county; and all moneys apportioned for the use of common schools such special meeting shall be notified by the clerk of in their town, and from the collector of the town, all the board of supervisors on receiving notice of the de-moneys raised therein for the same purpose, as soon as ficiency from a majority of the board of supervisors of said county; and in case such deficient sum shall not be directed to be raised at a special meeting, it shall be the duty of the supervisors of such county, at their next annual meeting, to add the amount of such deficieney to the sums to be raised on each of the towns of the county; which, with the fees of collection, shall be levied and collected in the same manner as other moneys directed to be raised in the town, and shall be apportioned among the school districts therein according to law.(1) such moneys shall become payable, or be collected. 6. To apportion the school moneys received on the first Tuesday of April, in each year, among the several school districts, parts of districts, and neighborhoods separately set off, within the town, in proportion to the number of children residing in each, over the age of five, and under that of sixteen years, as the same shall have appeared from the last annual reports of their respective trustees: 7. If the town superintendent shall have received the school moneys of the town, and all the reports from the several school districts therein before the first Tuesday of April, he shall apportion such moneys as above dírected, within ten days after receiving all of the said 8. To sue for and collect, by his name of office, all penalties and forfeitures imposed in this title, and in be incurred by any officer or inhabitant of their town. respect to which no other provision is made, which shall and after deducting his costs and expenses, to add the sums recovered, to the school money's received by him, to be apportioned and paid in the same manner. (2) No. 23-[ 3.] It shall be the duty of the clerk of the board of supervisors in each county in this state, on the last day of December in each year, to transmit to to the superintendent of common schools certified cop-reports and the said moneys: ies of all resolutions and proceedings of the board of supervisors, of which he is clerk, passed or had during the preceding year, relating to the raising of any money for school or library purposes, and to report particularly the amount of such money directed to be raised in each town of such county; and in ease it shall not appear that the amount required by law to be raised for school and library purposes has been directed to be raised during the year by the board of supervisors of any county, the superintendent of common schools and the comptroller may direct that appropriated by the state and apportioned to such county, be withheld until the amount that may be deficient shall be raised, or that so much of the money apportioned to such county be paid to the treasurer thereof, as shall be equal to the amount directed to be raised there-tendent is also to take charge of the "Common School (1) Laws of 1939, chap 330, § 2. the money No. 24. (a)—§ 3. In the erection or alteration of a school district, the trustees of any district to be affected thereby, may apply to the supervisor and town clerk to be associated with the town superintendent; and their action shall be final unless duly appealed from; (1) Laws of 1839, chap. 330, § 3. (2) By laws of 1829, chap. 287, the town superinten Fund" of the town, created by a vote appropriating surplus poor moneys. See the act, post. the compensation of the supervisor and town clerk when thus associated, shall be the same as that of the town superintendent. No. 25-21. Whenever it may become necessary or convenient, to form a district out of two or more adjoining towns, the town superintendent of each of such adjoining towns, or the major part of them, may form, regulate and alter such district. No. 26- 22. No alteration of any school district, made without the consent of the trustees thereof, shall take effect until three months after notice, in writing, shall be given by the town superintendent, to some one or more of such trustees. No. 27-23. In making the apportionment of moneys among the several school districts, no share shall be allotted to any district, part of a district, or separate neighborhood, from which no sufficient annual report shall have been received, for the year ending on the last day of December, immediately preceding the apportion ment. No. 27—(a) § 15. In making the apportionment of public money, it shall be the duty of the town superintendent to designate the respective proportions of teachers' and library money belonging to each district, and to pay over as much as is designated teachers' money, on the written order of a majority of the trustees of each district, to the teachers entitled to receive the same No. 29-5 24. No moneys shall be apportioned and paid to any district or part of a district, unless it shall appear by such report, that a school had been kept therein for at least four(1) months during the year ending at the date of such report, by a qualified teacher; that no other than a duly qualified teacher had at any time during the year for more than one month been employed to teach the school in said district; (e)and that all moneys received during that year, have been applied to the payment of the compensation of such teacher: and no portion of the library money shall be apportioned or paid to any district or part of a district, unless it shall appear from the last annual report of the trustees, that the library money received at the last preceding apportionment was duly expended according to law, on or before the first day of October subsequent to such apportionment.(a) No. 29-25. No part of such moneys shall be apportioned or paid to any separate neighborhood, unless it shall appear from the report of its trustee, that all moneys received by him during the year ending at the date of such report, have been faithfully applied, in paying for the instruction of children residing in such neighborhood. tion of Article third, Title second of Chapter fifteen of the First part of the Revised Statutes, are hereby extended to all cases where a school district shall have been formed at such time previous to the first day of January, as not to have allowed a reasonable time to. have kept a school therein for the term of three months, such district having been formed out of a district or districts in which a school shall have been kept for three months, by a teacher duly qualified, during the year preceding the first day of January.(1) No. 33-27. All moneys apportioned by the town superintendent, to the trustees of a district, part of a district, or separate neighborhood, which shall have remained in the hands of the town superintendent for one year after such apportionment, by reason of the trusices neglecting or refusing to receive the same, shall be added to the moneys next thereafter to be apportioned by the town superintendent, and shall be apportioned and paid therewith, in the same manner. No. 34-28. In case any school moneys received by the town superintendent, can not be apportioned by him, for the term of two years, after the same are received, by reason of the non-compliance of all the school dis tricts in his town with the provisions of this Title, such moneys shall be returned by him to the county treasurer, to be by him apportioned and distributed, together and in the same manner with the moneys next thereafter to be received by him, for the use of common schools. No. 35.-29. It shall be the duty of the town superintendent in each town, between the first day of July and the first day of August(2) in each year, to make and transmit to the county clerk, a report in writing, bearing date on the first day of July, in the year of its transmission, and stating, 1. The whole number of school districts and neighborhoods, separately set off within the town: 2. The districts, parts of districts, and neighborhoods, from which reports shall have been made to him, or his immediate predecessor in office, within the time limited for that purpose: 3. The length of time a school shall have been kept in each of such districts or parts of districts, distinguishing what portion of that time the school shall have been kept by qualified teachers. 4. The amount of public moneys received in each of such districts, parts of districts and neighborhoods: 5. The number of children taught in each, and the number of children over the age of five and under sixteen years, residing in each: 6. The whole amount of moneys received by him, or his predecessor in office, during the year ending at the date of such report, and since the date of the last preceding report; distinguishing the amount received from the county treasurer, from the town collector, and from any other and what source. No. 30-[2] Whenever an apportionment of the pub lic money shall not be made to any school district, in consequence of any accidental omission to make any report required by law, or to comply with any other provision of law, or any regulation, the superintendent of common schools may direct an apportionment to be made to such district, according to the equitable cir-pended, and for what cause. cumstances of the case, to be paid out of the public money on hand; or if the same shall have been distributed, out of the public money to be received in a succeeding year.(2) 7. The manner in which such moneys have been expended, and whether any, and what part remains unex No. 31-6 26. If after the time when the annual reports are required to be dated, (3) and before the apportionment of the school money's shall have been made, a district shall be duly altered, or a new district be formed in the town, so as to render an apportionment founded solely on the annual reports, unjust, as between two or more districts of the town, the town superintendent shall make an apportionment among such districts, according to the number of children in each, over the age of five and under sixteen years, ascertaining that number by the best evidence in his power. No. 32-[ 1.] The provisions of the twenty-sixth sec (a) Laws of 1843, ch. 133, § 15. (1) Altered from three to four months, by chap. 237, 2, laws of 1838. The following is an extract from that section: "To entitle the several school districts within this state to their share of the common school fund including the fund authorized by this act to be distributed, it shall be necessary for each school district, after the present year, to maintain a school to be taught by a qualified teacher for four months instead of three months, as now required by law, which four months shall be kept by a qualified teacher or teachers, after obtaining a certificate of competency from the school inspectors." (2) Laws of 1841, chap. 260, § 2. (3) Amended by § 1, ch. 260, laws of 1841. No. 36-[§2.] It shall be the duty of the town superintendent of common schools to state in his annual report, the amount of money paid for teachers' wages, in addition to the public money paid therefor, in the districts, parts of districts and neighborhoods from which reports shall have been received by him or his immediate predecessor in office, with such other information as the superintendent of common schools may from time to require, in relation to the districts and schools within his town.(3) No. 37-[3] Town superintendents who neglect to furnish the information required by the last preceding section, shall severally forfeit to the town, for the use of the common schools therein, the sum of ten dollars, to be sued for by the supervisor of the town.(3) No. 38-30. In case the town superintendent in any town shall not, on or before the first day of August,(4) in any year, make such report to the clerk of the county, it shall be his duty to give immediate notice of such neglect to the clerk of such town. No. 39- 31. The town superintendent neglecting to make such report within the limited period, shall for feit to the town, for the use of the common schools therein, the sum of ten dollars; and the share of school moneys apportioned to such town for the ensuing year, may, in the discretion of the superintendent of common schools, be withheld, and be distributed among the (1) Laws 1831, chap. 206, § 1. (3) Laws of 1837, chap. 241, 2 and 3. (4) August inserted by 1 of chap. 308, laws of 1835. other towns in the same county, from which the necessary reports shall have been received. No. 40- 32. When the share of school moneys appor tioned to a town, shall thus be lost to the town, by the neglect of its town superintendent, the town superintendent guilty of such neglect, shall forfeit to the town the full amount, with interest, of the moneys so lost. No. 41- 33. It shall be the duty of the supervisor of the town, upon notice of such loss, from the superintendent of common schools or county treasurer, to prosecute without delay, in the name of the town, for such forfeiture; and the moneys recovered shall be distribut ed and paid by such supervisor to the several districts, parts of districts, or separate neighborhoods of the town, in the same manner as it would have been the duty of the town superintendent to have distributed and paid them, if received from the county treasurer. No. 42-34. The town superintendent in each town, shall 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 shall lay the same before the board of auditors of the accounts of other town officers at the annual meeting of such board in the same year. No. 43-35. The town superintendent of common schools in each town, shall, within fifteen days after the termination of his office, 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 shall be delivered by such successor in office to the town clerk, to be filed and record ed in his office. No. 44-36. If, on rendering such account, any balance shall be found remaining in the hands of the town superintendent, the same shall immediately be paid by him to his successor in office. No. 45- 37. 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 shall be made in the account so to be rendered, and the balance paid to such successor in office, shall be paid over by him, according to such appropriation. No. 46-38. 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, shall for each offence, forfeit the sum of one hundred dollars. No. 47-$ 39. It shall be 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. No. 48-40. Such successor in office may bring a suit in his name of office, for the recovery, with interest, of any unpaid balance of chool moneys, that shall appear to have been in the hands of any previous town superintendent on leaving his office, either by the accounts rendered by such town superintendent, or by other sufficient proof. No. 49-41. In case of the death of such town super intendent, such suit may be brought against his representatives, and all moneys recovered shall be applied in the same manner as if they had been paid over with out suit. No. 50-42. The town superintendent of common schools in each town, shall have 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. No. 51-5.] The town superintendent of common schools shall be entitled to receive one dollar and twenty-five cents per day for every day actually and necessarily devoted by him in his official capacity, to the service of the town for which he may be chosen, the same to be paid in like manner as other town officers are paid.(1) 2. To attend and to prepare, under his direction, all his reports, estimates and apportionments of school money, and to record the same and his other proceedings, in a book to be kept for that purpose: 3. To receive all such communications as may be directed to him by the superintendent of common schools, and to dispose of the same in the manner directed therein: 4. To transmit to the clerk of the county, all such reports as may be made for such clerk, by the town superintendent. 5. To notify the town superintendent, upon receiving notice from the county clerk that he has not made his annual report, for the purpose of making such report: And generally to do and execute all such things as belong to his office, and may be required of him by the town superintendent. No. 53-31.] Town clerks shall be allowed in their accounts for all postages actually paid by them on communications from town superintendent of common schools, or from trustees of school districts; and it shall be their duty to transmit to the superintendent, the names of the clerks of the several school districts, to distribute communications from the superintendent to the clerks of the school districts, and to receive and transmit to the superintendent such returns and papers as he shall, by regulation, require to be transmitted by them.(1) ARTICLE FOURTH. Of Inspection and Supervision by Town Superintendents. No. 54-44. The town superintendent of common schools in each town, shall be the inspector of common schools for such town. No. 55-45. It shall be his duty to examine all persons offering themselves as candidates for teaching common schools in such town.(2) No. 57-9 46. In making such examination, it shall be the duty of the town superintendent to ascertain the qualifications of the candidate, in respect to moral character, learning and ability. No. 58-47. If he shall be satisfied in respect to the qualifications of the candidate, he shall deliver to the persons so examined, a certificate signed by him, in such form as shall be prescribed by the superintendent of common schools. No. 59-48. The town superintendent may annul any such certificate given by him or his predecessors in office, when he shall think proper, giving at least ten days' previous notice in writing to the teacher holding it, and to the trustees of the district in which he may be employed, of his intention to annul the same. No. 60- 49. The town superintendent, whenever he shall deem it necessary, may require a re-examination of all or any of the teachers in his towns, for the purpose of ascertaining their qualifications to continue as such teachers. No. 61-50. The annulling of a certificate shall not disqualify the teacher to whom it was given, until a note in writing thereof, containing the name of the teacher, and the time when his certificate was annulled, shall be made by the town superintendent, and filed in the office of the town clerk. No. 62-5 51. Where any school district shall be composed of a part of two or more towns, or any school house shall stand on the division line of any two towns, into and certify the qualifications of any teacher, offerthe town superintendent of either town may examine ing to teach in such district, in the same manner as is provided by the preceding sections of this Article; and may also in the same manner annul the certificate of such teacher. No. 63-5 52. It shall be the duty of the town superintendent to visit all such common schools, within his town, as shall be organized according to law, at least once a year, and oftener if he shall deem it necessary. No. 64-53. At such visitation, the town superinten dent shall examine into the state and condition of such schools, both as respects the progress of the scholars in learning, and the good order of the schools; and may give his advice and direction to the trustees and teach ers of such schools as to the government thereof, and the course of studies to be pursued therein. ARTICLE FIFTH. No. 52-43. The town clerk, by right of office, shall be the clerk of the town superintendent of common of the formation of School Districts, and of the Choice, schools in each town, and it shall be his duty, 1. To receive and keep all reports made to the town superintendent from the trustees of school districts, and all the books and papers belonging to the town su perintendent, and to file them in his office: (1) Laws of 1837, chap. 241, § 5. Duties and Powers of their Officers. No. 66 § 55. Whenever any school district shall be formed in any town, it shall be the duty of the town su-hire, or purchase such school-house, and to keep in re. perintendent, within twenty days thereafter, to prepare pair and furnish the same with necessary fuel and apa notice in writing, describing such district, and ap- pendages: pointing a time and place for the first district meeting, 6. To repeal, alter, and modify their proceedings and to deliver such notice to a taxable inhabitant of the from time to time as occasion may require. district. No. 74(a)- 12. The trustees of each of the several school districts next hereafter to be chosen, shall be divided by lot into three classes, to be numbered one, two and three; the term of office of the first class shall be one year, of the second, two, and of the third, three; and one trustee only shall thereafter annually be elected, who shall hold his office for three years, and until a successor shall be duly elected or appointed. In case of a vacancy in the office of either of the trustees, du ring the period for which he or they shall have been respectively elected, the person or persons chosen or ap pointed to fill such vacancy shall hold the office only for the unexpired term so becoming vacant. No. 67-56. It shall be the duty of such inhabitant to notify every other inhabitant of the district, qualified to vote at district meetings, by reading the notice in the hearing of each 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, at least six days before the time of the meeting. No. 68-57. In case such notice shall not be given, or the inhabitants of a district shall refuse or neglect to assemble, or form a district meeting, when so notified; or in case any such district, having been formed and organized in pursuance of such notice, shall afterwards be dissolved, so that no competent authority shall exist therein, to call a special district meeting in the manner hereinafter provided; such notice shall be renewed by the town superintendent, and served in the manner above prescribed. No. 69-58. Every taxable inhabitant to whom at notice of a district meeting shall have been properly delivered for service, who shall refuse or neglect to serve the notice in the manner above in this article enjoined, shall for every such offence forfeit the sum of five dollars. No. 70- 59. Whenever any district meeting shall be called, in the manner prescribed in the preceding sections of this article, it shall be the duty of the inhabitants of the district, qualified to vote at district meetings, to assemble together at the time and place mentioned in the notice. No. 71-[7.] Every male person of full age, resi ding in any school district, and entitled to hold lands in this state, who owns or hires real property in such district subject to taxation for school purposes, and every resident of such district authorized to vote at town meetings of the town in which such district or part of district is situated, and who has paid any rate-bill for teachers' wages in such district, within one year preceding, or who owns any personal property liable to be taxed for school purposes in such district, exceeding fifty dollars in value, exclusive of such as is exempt from execution and no others, shall be entitled to vote at any school district meeting held in such district. (1) No. 75-[ 16.] No town superintendent of common schools or supervisor of a town shall be eligible to the office of trustee of a school district, and no person chosen a trustee can hold the office of district clerk or col. lector.(1) No. 76- 10.3 The inhabitants of any school district, when lawfully assembled in ang district meeting, in addition to the powers now conferred, may, with the consent of the town superintendent of common schools of the town, designate sites for two or more schoolhouses for such district, and lay a tax on the taxable property in such district, to purchase or lease such sites, and to hire, build or purchase such school-houses, and to keep in repair and furnish the same with neces sary fuel and appendages, and may also in their discretion lay a tax not exceeding twenty dollars in any one year, to purchase maps, globes, black-boards and other school apparatus.(2) No. 77-6.] The inhabitants of school districts shall have power, whenever they shall be lawfully assembled at any district meeting, to vote a tax for the purchase of a book for the purpose of recording the proceedings of their respective districts. (3) No. 79-62. In each school district an annual meeting shall be held at the time and place previously ap pointed; and at the first district meeting, and at each annual meeting, the time and place of holding the next annual meeting shall be fixed. No. 79-[§ 17.] Whenever the time for holding annual meetings in a district for the election of district officers shall pass without such election being held, a spe cial meeting shall be notified by the clerk of such district to choose such officers; and if no such notice be given by him or the trustees last elected or appointed, within twenty days after such time shall have passed, any inhabitant of such district qualified to vote at district meetings, may notify such meeting in the manner provided by law in case of the formation of a new dis No. 72-[§ 8.] If any person offering to vote at any school district meeting, shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall require the person so of fering, to make the following declaration: "I do declare and affirm that I am an actual resident of this school district, and that I am qualified to vote at this meet-trict; and the officers chosen at any such special meeting." And every person making such declaration shall be permitted to vote on all questions proposed at such meeting; but if any person shall refuse to make such declaration, his vote shall be rejected (1) ing, shall hold their office until the time for holding the next annual meeting, and all elections of district officers heretofore had at a special meeting, are hereby confirmed and declared valid.(4). No. 80-[4] When the clerk and all the trustees of a school district, shall have removed, or otherwise va No. 73-[ 9.] Every person who shall wilfully make a false declaration of his right to vote at a district meeting, upon being challenged as herein before provi-cated their office, and where the records of a district ded, shall be deemed guilty of a misdemeanor, and punishable by imprisonment in the county jail for a term not exceeding one year, nor less than six months, at the discretion of the court; and any person voting at any school district meeting without being qualified, shall, on conviction, be subject to a fine of ten dollars, to be sued for and recovered by the trustees of the district for its use, and with costs of suit, before any justice of the peace.(1) shall have been destroyed or lost, or where trustees neglect or refuse to call meetings to choose trustees, the superintendent of common schools shall have authority to order such meetings, and all elections of district officers, heretofore had at meetings ordered by the superintendent, are hereby declared to be legal and valid.(5) No. 81-18.] When in consequence of the loss of the records of a school district, or the omission to deNo. 74-61. The inhabitants so entitled to vote,signate the day for its annual meeting, there shall be when so assembled in such district meeting, or when lawfully assembled at any other district meeting, shall have power, by a majority of the votes of those sent, none fixed, or it cannot be ascertained, the last trustee of such district may appoint a day for bolding the pre-annual meeting of such district; and all such appointments heretofore made by the superintendent of common schools are hereby confirmed; and the elections and other proceedings had at the meetings so appointed, are declared valid.(6) 1. To appoint a moderator for the time being: 2. To adjourn from time to time, as occasion may require: 3. To choose a district clerk, three trustees, and one district collector, at their first meeting, and as often as such offices, or either of them, become vacated: 4. To designate a site for a district-school house. 5. To lay such tax on the taxable inhabitants of the district as the meeting shall deem sufficient to purchase or lease a suitable site for a school-house, and to build, (1.) Section 60 of original title abrogated, and § 7, 8 and 9 of ch. 260, laws of 1841, substituted. No. 82- 63. A special meeting shall be held in each district whenever called by the trustees; and the proceedings of no district meeting, annual or special, shall (a) Laws of 1843, ch. 133, § 12. (2) Ibid. § 10. |