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DISTRICT SCHOOL JOURNAL,

OF THE STATE OF NEW-YORK.

VOL. IV.

ALBANY, NOV., 1843.

No. 8.

STATUTES RELATING TO COMMON SCHOOLS.

(Pursuant to the directions of the 43d section of the 1 No.75. If an increase of the school moneys to be act of May 26, 1841, there are inserted in this publica distributed, shall take place in any other year, than one tion, all acts and parts of acts relating to common immediately following a census, the superintendent schools, which are now in force; and where the provi. shall apportion such increase amongst the several sious of that title have been altered by subsequent acts, counties, cities and towns, according to the ratio of the such provisions have been varied in order to conform apportionment then in force.(1) them to such alteration. The original number of each NO. 8–96. When the census, or returns, upon which section, is in all cases, retained, whether it was a part an apportionment is to be made, shall be so far defec. of the Revised Statutes or was taken from some session tive, in respect to any county, city, or town, as to renlaw passed since 1928. In the latter case, there is a re- ner it impracticable for the superintendent to ascertain ierence to a note at the foot of the page, which gives the the share of school moneys, which ought then to be apparticular chapter from which the section is taken, and portioned to such county, city, or town, he shall ascer. its number is inclosed within brackets, in order to de- tain, by the best evidence in his power, the facts upon signate it more distinctly from the sections of the Re- which the ratio of such apportionment shall depend, and vised Statutes which are printed with the section mark shall make the apportionment accordingly. only. ]

No. 9- 7. Whenever, in consequence of the division ARTICLE FIRST.

of a town, or the erection of a new town, in any county, of the Powers and Duties of the Superintendant of Com.

the apportionment then ja force shall become unjust, as

between two or more of the towns of such county, the mon Schools, and of the Apportionment of School Mo. neys.

superintendent shall make a new apportionment of the No. 1-51. There shall continue to be a superinten

school moneys next to be distributed amongst such dent of common schools, whose duty, amongst other

towns, ascertaining by the best evidence in his power, things, it shall be, to prepare and submit an annual re

the facts upon which the ratio of apportionment as to port to the legislature containing,

such towns, shall depend. 1. A statement of the condition of the common schools

No. 10-'8. The superintendent shall certify each apof the state:

portionment made by him, to the comptroller, and shall 2. Estimates and accounts of expenditures of the

give immediate notice thereof, to the clerk of each

county interested therein, and to the clerk of the city school moneys:

3. Plans for the improvement and management of the and county of New York; stating the amount of moneys common school fund, and for the better organization of apportioned to his county, and to each town and city

therein, and the time when the same will be payable to the common schools; and, 4 All such matters relating to his office, and to the the treasurer of such county, or to the chamberlain of

the city of New York. common schools, as he shall deem expedient to com. municate.

i No. 11–99. The superintendent shall prepare suitaNo. 2-18 41.] The superintendent of common schools ble forms and regulations for making all reports, and may designate and appoint any one of the clerks em-, conducting all necessary proceedings, under this Title.

and shall cause the same, with such instructions as he ployed by him to be his general deputy, who may per form all the duties of the superintendent in case of his

shall deem necessary and proper, for the better organi. absence or a vacancy in his office.(1)

zation and government of common schools, to be transNo. 3-18.] The superintendent of common schools

mitted to the officers required to execute the provisions

of this Title throughout the state. may appoint such and so many persons as he shall from time to time deem necessary, to visit and examine into

No. 12-8 10. He shall cause so many copies of the

first six Articles of this Title, with the forms, regula. the condition of the common schools in the county where such persons may reside, and report to the superwhere such perw

tions and instructions prepared by him, thereto apnex. intendent on all such matters relating to the condition i rare relating to the condition

ed, to be, from time to time, printed and distributed

, ine everal school districts of the state, as he of such schools, and the means of improving them. as amongst the several school districts of the state, as he he shall prescribe; but no allowance or compensation

shall deem the public good to require. shall be made to the said visiters for such services.(2)

1. No. 13—5 11. All moneys reasonably expended by him, No.A-187) Copies of papers deposited or filed in the in the execution of his duties, shall, upon due proof. be office of the superintendent of common schools, and all allowed to him by the comptroller, and be paid out of

I the treasury. acts and decisions by him, may be a utbenticated under the seal of the office of secretary of state, and when so

ARTICLE SECOND. authenticated shall be evidence equally and in like manner as the originals.(3)

of the distribution of the Common School Fund. No. 5-8 2. In every year, immediately following a No 14.- 12. The sum annually to be distributed for year in which a census of the population of this state the encouragement of common schools, shall be paid on shall have been taken, under the authority of the state, the first day of February, in every year, on the warrant or of the United States, the superintendent shall appor of the comptroller, to the treasurers of the several tion the school moneys to be annually distributed, counties, and the chamberlain of the city of New York. amongst the several counties of the state, and the share No. 156 13. The treasurer of each county, and the of each county, amongst its respective towns and cities. chamberlain of the city of New York, shall apply for

No. 645 3. Such apportionment shall be made among and receive the school moneys apportioned to their rethe several towns and cities of the state, according to the spective counties, as soon as the same become payable. ratio of their population respectively, as compared with 'No. 16-6 14. Each treasurer receiving such moneys, the population of the whole state, according to the last shall give notice in writing, to some one or more of the preceding census.

commissioners of common schools of each city and to

(1) Laws of 1841, chap. 260, $ 41.
(2) Laws of 1839, chap. 330, $ 8.
(3) Laws of 1839, chap. 330, 7.

(1) Amendatory act of 1830, chap. 320, $ 6, and by 4 6 of same chap. the orig. 4 is repealed.

in

the town superintendent of common schools of each in by the supervisors of such county; and in such ease town in his county, of the amount apportioned to such the balance so withheld shall be added to the principal town or city, and shall hold the same subject to the orlof the common school fund.(1) der of such commissioners or town superintendent. No. 23 (a)- 2. There shall hereafter be annually

No. 17– 15. In case the commissioners of any such elected in each of the towns of this state, at the same city or the town superintendent of any such town shall time and in the same manner that other town officers not apply for and receive such moneys, or in case there are chosen, an officer to be denominated "Town Super. are no commissioners or town superintendent appoint. intendent of Common Schools,' who in addition to the ed in the same, before the next receipt of moneys ap powers and duties hereinafter conferred and imposed, portioned to the county, the moneys so remaining with shall perform all the daties, and be subject to all the the treasurer shall be retained by him, and be added to restrictions and liabilities now by law imposed upon the moneys next received by him, for distribution from Il commissioners and inspectors of common sehools, et the superintendent of common schools, and be distri-cept as otherwise berein provided. It shall be his du. buted therewith, and in the same proportion.

ty, within ten days after his election, to execute to the No. 18- 16. Whenever the clerk of any county shall sapervisor 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 approv. rice 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, and ture on said bond, in the penalty of double be amount transmit a certified copy thereof to the county treasur-lof 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 | sball have been elected, conditioned for the faithful aplay such copy before the supervisors at their next Uplication 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, I be executed and filed within the time herein prescribed, at such meeting, and at every annual meeting thereaf. I the office of such town superintendent shall be deemed ter, to add to the sums of money to be 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 commission. expenses thereof, a sum equal to the school moneyslers of common schools are now by law directed to be wbich 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 az other moneys directed to be raised in the Ities of his office, to be audited and allowed as other town.

town charges. No. 20—$ 18. The supervisors shall cause and require

ARTICLE THIRD. the collector of each town, by their warrant to him, to

The Powers and Duties of the Town Superintendent of pay the moneys so added, when collected, retaining his

Common Schools. Tees for collection, to the town superintendent of common schools in such town for the use of common schools

No. 24-024. It shall be the duty of the towns therein: whose receipt therefor shall be safficient evi. ltendent of common schools, in each town, dence of such payment.

11. To divide the town into a convenient number of No. 21-6 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 mon

as hereinafter provided : eys are collected, the collector shall pay the same retain.

2. To set off by itself any neighborhood in the town ing his fees for collection to the county treasurer. to ladjoining to any other state of this Union, where it has be by him apportioned among the several cities and I been usual, or shall be found couvenient for such neightowns in the county, and distributed in the manner pro.

borhood to send their children to a school in such advided in the fifteenth section of this Title.

joining state. No. 22-16 2.) Whenever any board of supervisors

3. To describe and namber the school districts, and shall hereafter omit, at their annual meeting, to add to Il

to deliver the description and numbers thereof, in writhe sims of money to be raised on the towns of their Ilting, to the town clerk, immediately after the forma

tion or alteration thereof: county, an equal sum to that apportioned to such towns by the superintendent of common schools in any year. I 4. To deliver to such town clerk a description of each it shall be their duty to hold a special meeting for the neighborhood, adjoining to any other state, set off by

Hitself: 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 treasures 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, alt the board of supervisors on receiving notice of the de

moneys raised therein for the same purpose, as soon as

such moneys shall become payable, or be collected. ficiency from a majority of the board of supervisors JS of said county; and in case such deficient sum

6. To apportion the school moneys received on the shall not be directed to be raised at a special

first Tuesday of April, in each year, among the several meeting, it shall be the duty of the supervisors

school districts, parts of districts, and neighborhoods of such county, at their next annual meeting, to

separately set off, within the town, in proportion to the

number of children residing in each, over the age of add the amount of such deficiency to the sums to be raised on each of the towns of the county : which, with

five, and under that of sixteen years, as the same shall the fees of collection, shall be levied and collected in

have appeared from the last annual reports of their re. the same manner as other moneys directed to be raised Il spective trustees :

7. If the town saperintendent shall have received the in the town, and shall be apportioned among the school districts therein according to law.(1)

school moneys of the town, and alltbe reports from the

several school districts therein before the first Tuesday No. 23–19 3.] It shall be the duty of the clerk of the board of supervisors in each county in this state, on

of April, he shall apportion such moneys as above di. the last day of December in each year, to transmit to

rected, within ten days after receiving all of the said to the superintendent of common schools certified cop

reports and the said moneys : ies of all resolutions and proceedings of the board of

3. To sue for and collect, by his name of office, all

penalties and forfeitures imposed in this title, and in supervisors, of which he is clerk, passed or had dn. ring the preceding year, relating to the raising or any

respect to which no other provision is made, which shall money for school or library purposes, and to report

be incurred by any officer or inhabitant of their town. particularly the amount of such money directed to be 1

and after deducting his costs and expenses, to add the Taised in each town of such county ; and in case it shall

sums recovered, to the school moneys received by him, not appear that the amount required by law to be rais.

to be apportioned and paid in the same manner.(2) ed for school and library purposes has been directed to

No. 24. (a)- 3. In the erection or alteration of a be raised during the year by the board of snpervisors

school district, the trustees of any district to be affectof any county, the superintendent of common schools

ed thereby, may apply to the supervisor and town clerk

to be associated with the town superintendent; and and the comptroller may direct that the money

their action shall be final unless duly appealed from; appropriated by the state and apportioned to such coun. ty be withheld until the amount that may be deficient shall be raised, or that so much of the money apportion

(1) Laws of 1839, chap. 330, 9 3.

(a) Laws of 1843, chap. 133, ģ 2, 3. ed to such county be paid to the treasurer thereof, as

(2) By laws of 1829, chap. 287, the town superintenshall be equal to the amount directed to be raised there.

tendent is also to take charge of the "Common School

Fund” of the town, created by a vote appropriating (1) Laws of 1939, chap. 330, 5 2.

Il surplus poor moneys. See the aet, post.

[graphic]

the compensation of the supervisor and town clerk | tion of Article third, Title second of Chapter fifteen of when thus associated, shall be the same as that of the ll the First part of the Revised Statutes, are hereby ex. town superintendent.

tended to all cases where a school district shall have No. 25-521. Whenever it may become necessary or || been formed at such time previous to the first day of convenient, to form a district out of two or more ad. || January, as not to have allowed a reasonable time to. joining towns, the town superintendent of each of such have kept a school therein for the term of three months, adjoining towns, or the major part of them, may form, such district having been formed out of a district or disregulate and alter such district.

tricts in which a school shall have been kept for three No. 26-2. No alteration of any school district, months, by a teacher duly qualified, during the year made without the consent of the trustees thereof, shallll preceding the first day of January.(1) take effect until three inonths after notice, in writing, No. 33 27. All moneys apportioned by the town sushall be given by the town superintendent, to some one perintendent, to the trustees of a district, part of a disor more of such trastees.

trict, or separate neighborhood, which shall have reNo. 27-6 23. In making the apportionment of moneys mained in the hands of the town superintendent for one among the several school districts, no share shall be year after such apportionment, hy reason of the trug. allotted to any district, part of a district, or separate Ilices neglecting or refusing to receive the same, shall be neighborhood, from which no sufficient annual report added to the moneys next thereafter to be apportioned shall have been received, for the year ending on the last by the town superintendent, and shall be apportioned day of December, immediately preceding the apportion and paid therewith, in the same manner. mnent.

No. 34-0 28. In case any school moneys received by No. 27-(a) 6 15. In making the apportionment of pub-ll the town superintendent, can not be apportioned by him. lic money, it shall be the duty of the town superinten- || for the term of two years, after the same are received dent to designate the respective proportions of teach by reason of the non-compliance of all the school dis. ers' and library money belonging to each district, and tricts in his town with the provisions of this Title, such to pay over as much as is designated teachers' money, moneys shall be returned by him to the county trea. on the written order of a majority of the trustees of surer, to be by him apportioned and distributed, togeeach district, to the teachers entitled to receive the ther and in the same manner with the moneys next same

thereafter to be received by him, for the use of common No. 29-524. No moneys shall be apportioned and paid || schools. to any district or part of a district, unless it shall ap. No. 35.- 29. It shall be the duty of the town superinpear by such report, that a school had been kept therein tendent in each town, between the first day of July and for at least four(1) months during the year ending at the first day of August(2) in each year, to make and the date of such report, by a qualified teacher; that ro transmit to the county clerk, a report in writing, bearother than a duly qualified teacher had at any time du- | ing date on the first day of July, in the year of its trans. ring the year for more than one month been employed to mission, and stating, teach the school in said district; (c)and that all moneys 1. The whole number of school districts and neighreceived during that year, have been applied to the l borhoods, separately set off within the town: payment of the compensation of such teacher: and noll 2. The districts, parts of districts, and neighborhoods, portion of the library money shall be apportioned or from which reports shall have been made to him, or his paid to any district or part of a district, unless it shall immediate predecessor in office, within the time limited appear from the last annual report of the trustees, that for that purpose: the library money received at the last preceding appor 3. The length of time a school shall have been kept in tionment was duly expended according to law, on or each of such districts or parts of districts, distinguishbefore the first day of October subsequent to such ap-ing what portion of that time the school shall have been portionment.(a)

kept by qualified teachers. No. 29-525. No part of such moneys shall be appor-|| 4. The amount of public moneys received in each of tioned or paid to any separate neighborhood, unless it such districts, parts of districts and neigbhorboods; shall appear from the report of its trustee, that all mo- || 5. The number of children taught in each, and the meys received by him during the year ending at the date nnmber of children over the age of five and under sixof such report, have been faithfully applied, in payingli teen years, residing in each: for the instructi

6. The whole amount of moneys received by him, or borhood.

his predecessor in office, during the year ending at the No. 30-10 2.) Whenever an apportionment of the pub- date of such report, and since the date of the last prelic money shall not be made to any school district, in ceding report; distinguishing the amount received from consequence of any accidental omission to make any the county treasurer, from the town collector, and from

law, or to comply with any other any other and what source. provision of law, or any regulation, the superintendenti 1. The manner in which such moneys have been ex. of common schools may direct an apportionment to be pended, and whether any, and what part remains unex. 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 mo. No. 36-16 2.) It shall be the duty of the town superin. ney on hand; or if the same shall have been distributed, I tendent of common schools to state in his annual re. out of the public money to be received in a succeeding | port, the amount of money paid for teachers' wages, in year.(2)

addition to the public money paid therefor, in the dis. No. 31- 26. If after the time when the annual reports |tricts, parts of districts and neighborhoods from which are required to be dated,(3) and before the apportion-| reports shall have been received by him or his immediment of the school moneys shall have been made, a dis-late predecessor in office, with such other information trict shall be duly altered, or a new district be formed as the superintendent of common schools may from time in the town, so as to render an apportionment founded to require, in relation to the districts and schools withsolely on the annual reports, unjust, as between two or in his town.(3) more districts of the town, the town superintendent No. 37-13.) Town superintendents who neglect to shall make an apportionmentarnong such districts, ac. furnish the information required by the last preceding cording to the number of children in each, over the age U section, shall severally forfeit to the town, for the use of five and under sixteen years, ascertaining that num. of the common schools therein, the sum of ten dollars, ber by the best evidence in his power.

to be sued for by the supervisor of the town.(3) No. 32-[$ 1.) The provisions of the twenty-sixth sec. No. 38- 30. In case the town superintendent in any

town shall not, on or before the first day of August,

any year, make such report to the clerk of the county, (a) Laws of 1843, ch. 133, 15.

it shall be his duty to give immediate notice of such ne. (1) Altered from three to four months, by chap. 237, Ø

glect to the clerk of such town, 2. laws of 1839. The following is an extract from that

No. 39- 31. The town soperintendent neglecting 10 section : "To entitle the several school districts with

make such report within the limited in this state to their share of the common school fund

od, shall for

feit to the town, for the use of the common schools including the fund authorized by this act to be distribu

therein, the sum of ten dollars; and the share of school ted, it shall be necessary for each school district, after

moneys apportioned to such town for the ensuing year, the present year, to maintain a school to be taught by a

may, in the discretion of the superintendent of common qualified teacher for four months instead of three months, as now required by law, which four months

schools, be withheld, and be distributed among the shall be kept by a qualified teacher or teachers, after obtaining a certificate of competercy from the school in (1) Laws 1831, chap. 206, $ 1. spectors."

(2) Laws 1931, chap. 206, 01. (2) Laws of 1841, chap. 260, $ 2.

(3) Laws of 1837, chap. 241, 2 and 3. (3) Amended by g 1, ch. 260, laws of 1841.

1 (4) August inserted by § 1 of chap. 308, laws of 1835.

other towns in the same county, from which the neces- 1. 2. To attend and to prepare, under his direction, all sary reports shall have been received.

his reports, estimates and apportionments of school No. 40-6 32. When the share of school moneys appor. ll money, and to record the same and his other proceedtioned to a town, shall thus be lost to the town, by the ings, in a book to be kept for that purpose: neglect of its town superintendent, the town superin- ll 3. To receive all such communications as may be ditendent guilty of such neglect, shall forfeit to the town rected to him by the superintendent of common schools, the full amount, with interest, of the moneys so lost. ll and to dispose of the same in the manner directed there.

No. 41- 33. It shall be the duty of the supervisor ofll in: ibe town, upon notice of such loss, from the superin-|| 4. To transmit to the clerk of the county, all such tendent of common schools or county treasurer, to pro-l reports as may be made for such clerk, by the town susecute without delay, in the name of the town, for such perintendent. forfeiture; and the moneys recovered shall be distribut. 5. To notify the town superintendent, upon receiving ed and paid by such supervisor to the several districts, || notice from the county clerk that he has not made his parts of districts, or separate neighborhoods of the annual report, for the purpose of making such report: town, in the same manner as it would have been the | And generally to do and execute all one duty of the town superintendent to have distributed and belong to his office, and may be required of him by the paid them, if received from the county treasurer.

town superintendent. No. 42- 34. The town superintendent in each town, ll No. 63-ro 31.) Town clerks shall be allowed in their shall keep a just and true account of all school moneys accounts for all postages actually paid by them on received and expended by him during the year for which communications from town superintendent of common he shall have been chosen, and shall lay the same before schools, or from trustees of school districts; and is the board of auditors of the accounts of other town offi. I shall be their duty to transmit to the superintendent, cers at the annual meeting of such board in the same the names of the clerks of the several school districts, year.

to distribute communications from the superintendent No. 43– 35. The town superintendent of common to the clerks of the school districts, and to receive and schools in each town, shall, within fifteen days after transmit to the superintendent such returns and papers the termination of his office, render to his successor in as he shall, by regulation, require to be transmitted by office, a just and true account, in writing, of all school them.(1) moneys by him received, before the time of rendering

ARTICLE FOURTH.' such account, and of the manues aded by him: and

of Inspection and Supervision by Town Superini endents. shall have been appropriated and expended by him; and

."

The town superintendent of common the account so rendered shall be delivered by such suc- No. 64–944. The town superintendent of common cessor in office to the town clerk, to be filed and record || schools in each town, shall be the inspector of common ed in his office.

schools for such town. No. 44-36. If, on rendering such account, any bal No. 564 45. It shall be bis duty to examine all perance shall be found remaining in the hands of the town

sops offering themselves as candidates for teaching superintendent, the same shall immediately be paid by

common schools in such town.(2) him to his successor in office.

No. 67-846. In making such examination, it shall be No. 45-37. If such balance, or any part thereof, || the duty of the town superintendent to ascertain the shall have been appropriated by the town superinten:ll qualifications of the candidate, in respect to moral chadent to any particular school district, part of a district ll racter, learning and ability. or separate neighborhood, and shall remain in his hands Il No. 58-047. If he shall be satisfied in respect to the for the use thereof, a statement of such appropriation

I qualifications of the candidate, he shall deliver to the shall be made in the account so to be rendered, and the persons so examined, a certificate signed by him, in balance paid to such successor in office, shall be paid

such form as shall be prescribed by the superintendent over by him, according to such appropriation.

of common schools. No. 46- 38. Every town superintendent of common

No. 59—948. The town superintendent may annulany schools, who shall refuse or neglect to render such an | such certificate given by him or his predecessors in of. account as is above required, or who shall refuse or

fice, when he shall think proper, giving at least ten neglect to pay over to his successor in office, any bal.

days' previous potice in writing to the teacher holding ance so found in his hands, or to deliver a statement of it, and to the trustees of the district in which he may the appropriation, if any there be, of such balance. Il be employed, of his intention to annul the same. shall for each offence, forfeit the sum of one hundred

No. 60-649. The town superintendent, whenever he dollars.

shall deem it necessary, may require a re-examination No. 47-8 39. It shall be the duty of such successor in Il of all or any of the teachers in his towns, for the pur. office, to prosecute without delay, in his name of office. I pose of ascertaining their qualifications to continue as for the recovery of such forfeiture, and to distribute such teachers. and pay the moneys recovered, in the same manner as No. 61--9 50. The annulling of a certificate shall not other school moneys received by him.

disqualify the teacher to whom it was given, until a No. 48- 40. Such successor in office may bring a

note in writing thereof, containing the name of the suit in his name of office, for the recovery, with inte.

teacher, and the time when his certificate was annul. rest, of any unpaid balance of school moneys, that sball

led, shall be made by the town superintendent, and filed appear to have been in the hands of any previous town

in the office of the town clerk. superintendent on leaving his office, either by the ac.

No. 62-8 61. Where any school district shall be comcounts rendered by such town superintendent, or by

posed of a part of two or more towns, or any school other sufficient proof.

house shall stand on the division live of any two towns, No. 49- 41. In case of the death of such town super.

the town superintendent of either town may examine iatendent, such suit may be brought against his repre.

into and certify the qualifications of any teacher, ofiersentatives, and all moneys recovered shall be applied

ing to teach in such district, in the same manner as is in the same manner as if they had been paid over with provided by the preceding sections of this Article: and out suit.

may also in the same manner annul the certificate of No. 50— 42. The town superintendent of common

such teacher. schools in each town, shall have the powers and privi.

I No. 63—5 62. It shall be the duty of the town superinlepes of a corporation, so far as to enable him to take || tendent to visit all such common schools, within his and hold any property transferred to him for the use ofll town, as shall be organized according to law, at least common schools in such town.

once a year, and oftener if he shall deem it necessary. No. 61-165.] The town superintendent of common ||

No. 64–63. At such visitation, the town superintenschools shall be entitled to receive one dollar and

|| dent shall examine into the state and condition of such twenty-five cents per day for every day actually and schools, both as respects the progress of the scholars in necessarily devoted by him in his official capacity, to learning, and the good order of the schools; and may the service of the town for which he may be chosen, the

give his advice and direction to the trustees and teacb. same to be paid in like manner as other town officers

ers of such schools as to the government thereof, and are paid.(1)

the course of studies to be pursued therein. No. 62-43. The town clerk, by right of office, shall

ARTICLE FIFTH. 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 ]. To receive and keep all reports made to the town

Duties and Powers of their Officers. superintendent from the trustees of school districts, No. 66–55. Whenever any school district shall be and all the books and papers belonging to the town su- ll perintendent, and to file them in his office:

(1) Laws of 1841, chap. 260, 931,

(2) Varied by laws of 1841, chap. 260, 96. See next (1) Laws of 1837, chap. 241, 05.

section.

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, l. 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(0)-012. The trustees of each of the several No. 68-6 56. It shall be the duty of such inhabitant toll school districts next hereafter to be chosen, shall be notify every other inhabitant of the district, qualified to divided by lot into three classes, to be numbered one, vote at district meetings, by reading the notice in the two and three : the term of office of the first class shall bearing of each such inhabitant, or in case of his ab be one year, of the second, two, and of the third, three; sence from home, by leaving a copy thereof, or of soll and one trustee only shall thereafter annually be electmuch thereof as relates to the time and place of such led, who shall hold his office for three years, and until a meeting, at the place of his abode, at least six days be successor shall be duly elected or appointed. In case fore the time of the meeting.

of a vacancy in the office of either of the trustees, duNo. 68-S 57. In case such notice shall not be given, Tring the period for which he or they shall have been reor the inhabitants of a district shall refuse or neglect spectively elected, the person or persons chosen or apto assemble, or form a district meeting, when so notifi. 1 pointed to fill such vacancy shall hold the office only for ed; or in case any such district, having been formed the unexpired term so becoming vacant. and organized in pursuance of such notice, shall after-|| No. 70- ( 16.] No town superintendent of common wards be dissolved, so that no competent authority schools or supervisor of a town shall be eligible to the shall exist therein, to call a special district meeting office of trustee of a school district, and no person cho in the manner hereinafter provided; such notice shall sen a trustee can hold the office of district clerk or col. be renewed by the town superintendent, and served in lector.(1) the manner above prescribed.

No. 76-16 10.) The inhabitants of any school district, No. 69- 58. Every taxable inhabitant to whom alwhen lawfully assembled in any district meeting, in notice of a district meeting shall have been properly Il addition to the powers now conferred, may, with the delivered for service, who shall refuse or neglect to consent of the town superintendent of common schools serve the notice in the manner above in this article en-ll of the town, designale sites for two or more school. joined, shall for every such offence forfeit the sum of houses for such district, and lay a tax on the taxable ve dollars.

property in such district, to purchase or lease such No. 70–59. Whenever any district meeting shall be sites, and to hire, build or purchase such school-houses, called, in the manner prescribed in the preceding sec-lland to keep in repair and furnish the same with neces. tions of this article, it shall be the duty of the inhabi. ll sary fuel and appendages, and may also in their discre. tants of the district, qualified to vote at district meet. I tion lay a tax not exceeding twenty dollars in any one ings, to assemble together at the time and place men-year, to purchase maps, globes, black-boards and other tioned in the notice.

school apparatus.(2) No. 71-16 7.] Every male person of full age, resi

6.] The inhabitants of school districts shall ding in any school district, and entitled to hold lands have power, whenever they shall be lawfully assembled in this state, who owns or hires real property in such || at any district meeting, to vote a tax for the purchase district subject to taxation for school purposes, and of a book for the purpose of recording the proceedings every resident of such district authorized to vote at of their respective districts.(3) town meetings of the town in which such district No. 79-) 62. In each school district an annual meet. or part of district is situated, and who has paid any ing shall be held at the time and place previously anrate-bill for teachers' wages in such district, within pointed; and at the first district meeting, and at each one year preceding, or who owns any personal pro

annual meeting, the time and place of holding the next perty liable to be taxed for school purposes in such annual meeting shall be fixed. district, exceeding fifty dollars in value, exclusive l in. 79-10 17.) Whenever the time for holding annual of such as is exempt from execution and no others, I nieetings in a district for the election of district offi. shall be entitled to vote at any school district meeting cars shall pass without such election being held, a spe. held in such district.(1)

cial meeting shall be notified by the clerk of such disNo. 72–168.) If any person offering to vote at any ltrict to choose such officers; and if no such notice be school district meeting, shall be challenged as unqualí- given by him or the trustees last elected or appointed, fied by any legal voter in such district, the chairman within twenty days after such time shall have passed, presiding at such meeting shall require the person so of- l any inhabitant of such district qualified to vote at disfering, to make the following declaration: "I do declare trict meetings, may notify such meeting in the manner and affirm that I am an actual resident of this school provided by law in case of the formation of a new disdistrict, and that I am qualified to vote at this meet.trict; and the officers chosen at any such special meet. ing." And every person making such declaration shallling, shall hold their office until the time for holding be permitted to vote on all questions proposed at suchtbe next annual meeting, and 111 elections of district meeting; but if any person shall refuse to make such || officers heretofore had at a special meeting, are here. declaration, his vote shall be rejected (1)

by confirmed and declared valid.(4) No. 73-169) Every person who shall wilfully make ll No. 80-164.) When the clerk and all the trustees of a false declaration of bis right to vote at a district la school district, shall have removed, or otherwise va. meeting, upon being challenged as herein before provi. ll cated their office, and where the records of a district ded, shall be deemed guilty of a misdemeanor, and pun shall bave been destroyed or lost, or where trustees ishable by imprisonment in the county jail for a term neglect or refuse to call meetings to choose trustees, not exceeding one year, nor less than six months, at the superintendent of common scbools shall have au. the discre:ion of the court; and any person voting at thority to order such meetings, and all elections of any school district meeting without being qualified, district officers, heretofore had at meetings ordered by shall, on conviction, be subject to a fine of ten dollars, the superintendent, are hereby declared to be legal to be sued for and recovered by the trustees of the dis. Iland valid.(5) trict for its use, and with costs of suit, before any jus. | No. 81-19 is.) When in consequence of the loss of lice of the peace.(1)

the records of a school district, or the omission to de. No. 744 61. The inhabitants so entitled to vote, ll signate the day for its annual meeting, there shall be when so assembled in such district meeting, or when none fixed, or it cannot be ascertained, the last truslawfully assembled at any other district meeting, shallltee of such district may appoint a day for bolding the have power, by a majority of the votes of those pre

annual meeting of such district; and all ench appointsent,

ments heretofore made by the superintendent of com1. To appoint a moderator for the time being :

mon schools are hereby confirmed; and the elections and 2. To adjourn from time to time, as occasion may re other proceedings had at the meetings so appointed, quire:

are declared valid.(6) 3. To choose a district clerk, three trustees, and one No. 928 63. A special meeting sball be held in each district collector, at their first meeting, and as often as | district whenever called by the trustees; and the prosoch offices, or either of them, become vacated:

ceedings of no district meeting, annual or special, shall 4. To designate a site for a district-school house.

5. To lay such tar on the taxable inhabitants of the (a) Laws of 1843, ch. 133, 5 12. distriet as the meeting shall deem sufficient to purchase (1) Laws of 1841, ch. 260, 9 16. (2) Ibid. 9 10. or lease a suitable site for a school-house, and to build, 3) Laws of 1837, ch. 241, 0 6.

(4) Laws of 1841, ch. 260, 8 17. (1.) Section 60 of original title abrogated, and 97, 8 (5) Laws of 1939, ch. 330, $ 4. and 9 of ch. 260, laws of 1841, substituted.

(6) Laws of 1841, ch. 260, Ø 18.

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