Page images

be held illegal, for want of a due notice to all the per- || appropriated to the payment of expenses incurred in sons qualified to vote thereat, unless it shall appear procuring a new site, and in removing or erecting a that the omission to give such notice was wilful and building or buildings thereon, so far as such appropriafraudulent.

tion shall be necessary (1) No. 83—64. No tax to be voted by a district meet. No. 92-967. When a new district shall be formed ing for building, hiring or purchasing a school-house from one or more districts, possessed of a school-house: shall exceed the sum of four hundred dollars, unless and in cases where any district from whieh such new the town superintendent of common schools of the district shall be in whole or in part formed, shall be entown in which the school-house is to be situated, shall|titled to other property than its, then the certify in writing, his opinion that a larger sun'ought town superintendent of common schools, at the time of to be raised, and shall specify the sum; in which case, || forming such new district, shall ascertain and deter. a sum not exceeding the sum so specified, shall be mine the amount justly due to such new district, from raised.

any district out of which it may have been in whole or No. 94—$ 66.-If the town superintendent of common in part formed, as the proportion of such new district schools in any town, shall require in writing, the ato of the value of the school-house and other property be. tendance of the town superintendents of any other longing to the former district, at the time of such divi. town or towns, at a joint meeting for the purpose of sion. altering a school district formed from their respective No. 93—5 69. Such proportion shall be ascertained, towns, and a major part of the town superintendents according io the taxable property of the inhabitants of notified shall refuse or neglect to attend, the town süo the respective parts of such former districi, at the time perintendents attending, by a majority of votes, may of the division, by the best evidence in the power of the call a special district meeting of such district, for the town superintendent; and deduction shall be made purpose of deciding on sueh proposed alteration; and therein for any debts due from the former district. ihe decision of such meeting shall be as valid as if No. 94-$ 69. Such proportion when ascertained, made by the town superintendents of all towns inter shall be levied, raised and collected, with fees for colested, but shall cxtend no further than to dissolve the lection, by the trustees of the district retaining the district formed from such towns.

school-house or other property of the former district, No. 85-15 1.] Whenever a school-house shall have upon the taxable inhabitants of their district in the been built or purchased for a district, the site of such same manner as if the same had been authorized by a school-house shall not be changed, nor the building || vote of their district for the building of a school-house; thereon be removed, as long as the district shall re- and when collected, shall be paid to the trustees of the main unaltered, unless by the consent, in writing, of new district, to be applied by them towards procuring the town superintendents of common schools, of the a school house for their district; and the moneys so town or towns within which such district shall be sit. paid to the new district shall be allowed to the credit uated, stating that in their opinion such removal is of the inhabitants who were taken from the former disnecessary; nor then, unless iwo-thirds of all those strict, in redaction of any tax that may be imposed for present at a special meeting of such district, called for ereeting a school-house. ihat purpose, and qualified to vote therein, shall vote No. 95—[03.) When two or more districts shall be confor such removal and in favor of such new site.(1) solidated into one, the new district shall succecd to all

No. 86-( 2.) Such vote shall be taken by ayes and the rights of property possessed by the districts of which noes, and the name of each voter, with the vote that he lit shall be composed; and when a district is annulled, shall give, shall be entered by the clerk in the records and portions of it are annexed to other districts, that of such school district.(1.)

district into which the school-house, or its site or any No. 57—[$ 3.] Every notice of a district meeting call other property of such dissolved 'district may fall, ed in pursuance of this act shall state ihe purpose for shall succeed io all the rights of the annulled district which such meeting is called.(1).

in respect to such property, and whenever two or more No. 88–19 4.) Whenever the site of a school-house districts or parts of districts shall be united and there shall have been changed as herein provided, the inha-shall be more than one school-house in such new or albitants of the districi entitled to vote, lawfälly assem-tered district, the trustees of sueh district may sell the bled at any district meeting shall have power hy a ma-1 site and buildings thereon, of either or both the schooljority of the votes of those present to direct the sale houses situated in such new district.(?). of the former site or lot, and the buildings thereon, No. 96-1$ 4.] In cases where by the dissolving a disand appurtenances, or any part thereof, at such pricetrict its school house or other property shall be annex. and upon such terms as they shall deem most advant-led to or included in another district, the town superin. ageous to the district; and any deed duly cxecuted by iendea: of common scbools, by whose orders such disthe trustees of such district, or a majority of them, in solution was effected, shall appraise such property in pursuance of such direction, shall be valid and eflectual the manner provided by law in cases of the creation of to pass all the estate or interest of such schooldistrict in

new districis; and the proportions assigned to the inhathe premises intended to be conveyed thereby, to the bitants of such dissolved district who are not annexed grantee named in such deed; and when a credit shall be

to the district which includes the school-house, or other directed to be given upon such sale, for the consideration property, shall be raised by the trustees of such last money, or any part thereof, the trustees are liereby au- mentioned district and paid over to the trustees of the thorized to take in their corporate name, such security district to which such inhabitants are annexed, in the by bond and mortgage, or otherwise for the payment same manner as in case of the creation of a new disthereof, as they shall deem best, and shall hold thetrict, and to be applied to the same purpose.(2) same as a corporation, and account therefor to their No. 97--195.) When there shall be any moneys in the successors in office and to the district, in the manner hands of the officers, of a district that is or may be an. they are now required by law to account for moneys nulled, or belonging to such district, the town superinreceived by them; and the trustees of any such district tendent of common schools of the town may demand, for the time being, may in their name of office, sue for sue forand recover the same, in their name of office, and and recover the moneys due and unpaid upon any secu- shall rapportion the same equitably between the districts rity so taken by them or their predecessors in office, || to which the several portions of such annulled district with interest and cost.(1)

may have been annexed, to be held and enjoyed as dis. No. 99-[9 5.) All moneys arising from any sale made|trict properly.(2) in pursuance of the last preceding section, shall be

No. 99-970. The clerk, trustees, and collector of appropriated to the payment of the expenses incurred each school district, shall hold their respective oflices in procuring a new site and in removing or erecting a until the annual meeting of such district next following school-house, or either of them, so far as such applica-l the time of their appointment, and antil others shall tion thereof shall be deemed necessary.(2)

be elected in their places. No. 90-16 4.) Whenever the site of the school-house in any school district in this state shall have been le by the death, refusal to serve, removal out of the

No. 99-71. In case any such office shall be vacated gally changed, the trustees of such district shall have district, or incapaeity of any such officer, and the racanpower to sell and convey the former site, and the build: ey shall no: be supplied by a district meeting within one ing or buildings thereon, upon such terms as they shall month thereafter, the town superintendent of common deem advantageous to the district.(3)

schools of the town may appoint any person residing in No. 91–155.) The proceeds arising from any sale | such district to supply such vacancy: made in pursuance of the preceding section, shall be No. 100—0 72. Every person duły chosen or appointed

to any such office, who without sufficient cause, shall (1) Laws of 1831, ch. 44, and orig. 966 repealed. (2) Laws of 1931, ch. 44.

(1) Laws of 1835, chap. 308, § 5. (3) Ib. 1835, ch. 308, 9 4 and 5.

(2) Laws of 1841, ch. 260, Ø 3, 4 and 5.

refuse to serve therein, shall forfeit the sum of five dol. cate thereof to the clerk of the district, to be kept on lars; and every person so chosen or appointed, and not file in his office : having refused to accept, who shall neglect to perform 12. To ascertain by examination of the school lists the duties of his office, shall forfeit the sum of ten dol. || kept by such teachers, the number of days for which lars.

cach person not so exempted, shall be liable to pay for No. 01-- 73. Any person chosen or appointed to any instruction, and the amount payable by each person : such office, may resign the same in the manner provi. 13. To make out a ratc bill containing the name of ded in Chipler eleventh, Title third, section thirty- each person so liable, and the amount for which he is third of this act; and the acceptance of such resigna- liable, adding thereto five cents on each dollar of the tion shall be a bar to the recovery of either of the pe. sum due from him, for collector's fees; and to annex nalties mentioned in the preceding section. The jus. thereto a warrant for the collection thereof: cices accepting the resignation shall give notice there- 14. To deliver sucb rate bill, with the warrant anof, to the clerk, or to one of the trustees of the school nexed, to the collector of the district, who shall exe. district, to which the officer resigning shall belong. cute the same in like manner with other warrants di.

No. 102— 74. It shall be the duty of the clerk of each rected to him, by them. school district,

No. 104-19 13.) The trustees of any school district 1. To record the proceedings of his district in a book may exempt any indigent person from the payment of to be provided for ihat purpose by the district, and to the teacher's wages, either in part or wholly, and shall enter therein true copies of all 'reports made by the certify the whole amount of such exemption in any one trustees of his districi, to the town superintendent of quarter or term, and the same shall be a charge upon cominon schools:

such district.(1.) 2. To give notice of the time and place for special No. 105.-[9 29.) It shall not be necessary for trus. district meetings, when the same shall be called by the tees of school districts to affix their seals to any war. trustees of the district, to each inhabitant of such dis. rant for the collection of any tax or rate bill.(?). trict liable to pay taxes, at least five days before such No. 106-1930.) Where by reason of the inability to meeting shall be held, in the manner prescribed in the collect any tax or rate-bill, there shall be a deficiency fifty-sixth section of this Title :*

in the amount raised, the inhabitants of the district in 3. To affix a notice in writing of the time and place district meeting, shall direct the raising of a sufficient for any adjourned district meeting. when the same shall sum to supply such deficiency by tax, or the same shall be adjourned for a longer time than one month, in at be collected by rate.bill, as the case may require (3) least four of the most public places of such district, at No. 107-10 19.) In making out a tax list, the trustees least five days before ihe time appointed for such'ad- of school districts shall apportion the same on all the journed meeting :

taxable inhabitants of the district or corporations hold. 4. To give the like notice of every annual district ing property therein, according to the valuations of the meeting:

taxable property which shall be owned or possessed by 3. To keep and preserve all records, books and papers, them at the time of making out such list within such belonging to his office, and to deliver the same to his district, or partly within such district and partly in an successor in office, in the manner and subject to the adjoining district, and upon all real estate lying within penalties provided by law, in relation to the town the boundaries of such district, the owners of which clerk.

shall be non-residents, and which shall be liable to No. 103.-ý 75. It shall be the duty of the trustees of taxation for town or county purposes and shall be situat. every school district, and they shall have power, ed within three miles of the site of the school house in

1. To call special meetings of the inhabitants of such such district. But when it shall be ascertained that districts liable to pay taxes, whenever they shall deem the proportion of any tax upon any lot, tract or parcel it necessary and proper :

not occupied by any inhabitant would not amount to 2. To give notice of special, annual and adjourned fifty cents, the trustees in their discretion may omit meetings in the manner preseribed in the last preceding 1 h lot, iract or parcel from the tax list, and sections section, if there be no clerk of the district, or he be seventy-six and seventy-eight of :he second Title and absent or incapable of acting :

filteenth Chapter of the first Part of the Revised Sta. 3. To make out a tax list of every district tax, voted inies are hereby repealed. by any such meeting, containing the names of all the No. 109-19 20.) When any real estate within a distaxable inhabitants residing in the district at the time trict, so liable to taxation, shall not be occupied and of making out the list, and the amount of tax payable improved by the owner, his servant or agent and shall by each inhabitant, set opposite to his name:

not be possessed by any tenant, the trustees of any dis. 4. To annex to such tax list n warrant, directed to 'trict at the ime of making out any tax list by which the collector of the district, for the collection of the any tax shall be imposed thereon. shall make and in. sums in such list mentioned, with five cents on each sert in such tax list a statement and description of every collar thereof, for his fees :

such lot, piece or parcel of land so owned by non-resi. 5. To purchase or lease a site for the district school. dents therein, in the same manner as required by law house, as designated by a meeting of the district, and from town assessors in making out the assessment rolls to build, hire or purchase, keep in repair, and furnish of their towns; and if any such lot is known to belong such school-house with necessary fuel and appendages, to an incorporated company the name of such company out of the funds collected and paid to them for such shall be specified, and the value of such lot or piece of purposes :

land shall be set down opposite to such description, 6. To have the custody and safe keeping of the district which value shall be the same that was affixed to such school-house :

lot or piece of land in the last assessment roll of the 7. To contract with and employ all teachers in the town; and if the same was not separately valued in district :

such roll, then it shall be valued in proportion to the 8. To pay the wages of such teachers when qualified, valuation which was affixed in the said assessment roll out of the moneys which shall come into their hands

to the whole tract of which such lot or piece sball be a from the commissioners of common schools, so far as part. such moneys shall be sufficient for that purpose; and No. 109-19 21.) If any tax on the real estate of a non. to collect the residue of such wages, excepting such resident mentioned in the tax lise delivered to the col. sums as may have been collected by the teachers, from lector of any school district shall be unpaid at the time all persons liable therefor:

he is required by law to return his warrant, he shall 9. To divide the public moneys received by them, deliver to the trustees of such district an account of whenever authorized by a vote of their district, into the taxes so remaining due, containing a description of not exceeding four portions for each ycar; to assign the lots and picces of land upon which any taxes were and apply one of such portions to each quarter or term imposed as the same were stated in his tax list together during which a school shall be kept in such district, for with the amount of the tax assessed on each, and upon the payment of the teacher's wages during such quar- making oath before any justice of the peace or judge of ter or term; and to collect the residue of such wages, any court of record that the taxes mentioned in such not paid by the proportion of public money allotted for account remain unpaid, and that after diligent efforts that purpose, from the person liable therefor, as above he has been unable to collect the same, he shall be provided :

credited by said trustees with the amount thereof. 10. To exempt from the payment of the wages of teach.

No. 110-19 22.) Whenever the trustees of any school ers, such indigent persons within the district, as they district shall receive such an account of unpaid taxes shall think proper :

from any collector, they shall compare the same with 11. To certity such exemptions and deliver the certifi

(1) Laws of 1841, chap. 260, 13. * See No. 66.

(2) Ibid. § 29.

(3) Ibid. 9 30.

the original tax list, and is found to be a true transcript, be lawfully assessed and paid by any person, on aer they shall add to such account a certificate to the effect count of any real property, whereof he is only tenant that they have compared the same with the original tax at will, or for three years, or for a less period of time, list and found it to be correct, and shall immediately such tenant may charge the owner of such real estate transmit such account, with the collector's affidavit with the amount of the tax so paid by him, unless some and their certificate to the treasurer of the county, agreement to the contrary shall have been made by such

No. 111-1923.] Out of any moneys in the county trea-tenant. sury, raised for contingent expenses, the county trea- No. 192—10 11.] It shall be the duty of the trustees of surer shall pay to the trustees of the school district in school districts, to procure for the use of their district which such iaxes were imposed, the amount thereof so two bound blank books from time to time, as shall be returned as unpaid.

necessary, in one of whieh the accounts of all moneys No. 112-19 24.) Such account, affidavit and certifi-received and paid by the trustees, and a statement of cate shall be laid, by the county treasurer, before the all moveable property belonging to the district, shall board of supervisors of the couniy, who shall cause the be entered at large, and signed by such trustees, at or amount of such unpaid taxes, with seven per cent of before each annual meeting in such district. In the the amount in addition thereto, to be levied upon the other of the said books, the teachers shall enter the lands of non-residents on which the same were imposed, names of the scholars attending school, and the numand if imposed upon the land of any incorporated com- ber of days they shall have respectively attended, and pany, then upon such company, in the same manner also the days on which such school shall have been inthat the contingent charges of the county are directed spected by the deputy superintendent and the town into be levied and collected, and when collected the same spectors; which entries shall be verified by the oath or shall be returned to the county treasury to reimburse affirmation of the teachers, and shall constitute the the amount so advanced, with the expense of collection. list on which rate bills shall be apportioned. The said

No. 113-19 25.) Any person whose lands are included books shall be preserved by the trustees as the property in any such account may pay the tax assessed thereon of the district, and shall be delivered to their succesto the county treasurer, at any time before the board sors (1) of supervisors shall have directed the same to be le- No. 123--$ 84. Where the necessary fuel for the school vied,

of any district shall not be provided, by means of a No. 114–1926.) The same proceedings in all respects tax on the inhabitants of the district, it shall be the shall be had for the collection of the amount so direct duty of every person sending a child to the school, to ed to be raised by the board of supervisors as are pro- provide his just proportion of such fuel. vided by law in relation to county taxes; and upon a No. 124- 86. The proportion of fuel which every similar account as in the case of county taxes of the person sending children to the school, shall be liable to arrears thereof uncollected, being transmitted by the provide, shall be determined by the trustees of the discounty treasurer to the Comptroller, the same shall be irict, according to the number of children sent by each; paid on his warrant to the treasurer of the county ad. but such indigent persons as in the judgment of the vancing the same; and the amount so assumed by the trustees, shall be unable to provide the same, shall be state shall be collected for its benefit, in the manner exempted from such liability. prescribed by law in respect to the arrears of county No. 125- 86. If any person liable to provide such taxes upon lands of non-residents; or if any part of the fuel, shall omit to provide the same, on notice from amount so assumed consisted of a tax upon any incor- any one of such trustees, it shall be the duty of the porated company, the same proceedings may also be Trustees to furnish such fuel, and to charge the person had for the colleciion thereof as provided by law, in so in default the value of, or amount paid for, the suel respect to county taxes assessed upon such company. furnished.

No. 115--[9 27.] A person working land under a con- No. 126-987. Such value or amount may be added to tract for a share of the produce of such land, shall be the rate-bill of the moneys due for instruction, and deemed the possessor, so far as to render him liable to may be collected therewith, and in the same manner; taxation therefor, in the district where such land is or the trustees may sue for and recover the same, in situate.(1)

their own names, with costs of suit. No. 116–977. Every person owning or holding any No. 127-14.] When the trustees of any school disreal property within any school district, who shall im-triet are required or autborized by law, or by vote os prove and occupy the same by his agent or servant, their district, to incur any expense for such district, shall, in respect to the liability of such property to and when any expenses incurred by them, are made taxation, be considered a taxable inhabitant of such by express provision of law a charge upon such district, district, in the same manner as if he actually resided they may raise the amount thereof by tax in the same therein.

manner as if the detinite sum to be raised had been No. 117–$ 79. The valuations of taxable property voted by a district meeting, and the same shall be colshall be ascertained, so far as possible, from the last leeted and paid over in the same manner.(2) assessment roll of the town; and no person shall be No. 128–5 88. The warrant annexed to any tax list or entitled to any reduction in ihe valuation of such pro rate-bill, shall be under the hands(3) of the trustees, perty, as so ascertained, unless he shall give notice of

or a majority of thera, and shall command the collec. his claim to such reduction, to the trustees of the dis. tor to collect from every person in such tax list or ratetrict, before the tax list shall be made out.

bill named, the sum therein sel opposite to his name ; No. 118--980. In every case wbere such reduction shall and in case any inhabitant shall not pay such sum on be duly claimed, and in every case where the valuation demand, to levy the same of his goods and chattels, 1o. of taxable property cannot be ascertained from the last gether with his fees, and to make a return of such war. assessment roll of the town, the trustees shall ascer. rant within thirty days after the delivery thereof, tain the true value of the property to be taxed, from No. 129–1 2.) 'The warrant annexed to any tax list the best evidence in their power, giving notice to the for the collection of a district tax for erecting or repair. persons interested, and proceeding in the same mannering any school house, shall command the collector, in as the town assessors are required by law to proceed, | case any person named in such list shall not pay the in the valuations of taxable property.

sum therein set opposite to his name on demand, to levy No. 119- 81. Every taxable inhabitant of a district, the same of his goods and challels in the same inanner who shall have been, within four years, set off from as on warrants issued by the board of supervisors to the any other district without his consent, and shall, with collectors of towns; and such part of the eighty-eighth in that period, have actually paid in such other district, section of Article five of the aforesaid Title as is reunder a lawful assessment therein, a district tax for pugnant thereto, is hereby repealed.(4) building a school-house, shall be exempted by the trus- No. 130–[1.) All taxes directed to be raised by the tees of the district where he shall reside, from the pay- act hereby amended, shall be collected in the manner ment of any tax for building a school-house therein. prescribed in the second section of the act entitled

No. 120–5 82. Every district tax shall be assessed, "An act to amend the Revised States relating to comand the tax list thereof be made out by the trustees, mon schools," passed April 21st, 1831.(5), within one month after the district meeting in which the No. 131-(03.) The warrants issued by the trustees of tax shall have been voted.

No. 121—$ 83. Where any district tax, for the purpose (1) Laws of 1811, chap. 260, Ø 11. of purchasing a site for a school-house, or for purchas. (2) Ib. $ 14. ing, or building, keeping in repair, or furnishing such (3) Provision requiring seals to warrants, struck out, with necessary fuel and appendages, shall being abrogated by ý 29, ch. 260 laws of 1841. See ante

No. 105. (1) Laws of 1841, chap. 260, Ø 19 to 27 inclusive, by

(4) Laws of 1831, chap. 206, 02. which original sections 76 and 78 are repealed.

(5) Laws of 1932, ch. 317, il.

school districts for the collection of rate-bills, shall No. 139–19 6.] It shall not be lawful for the trustees have the like force and effect as warrants issued by the of any school district to include in their annual returns, boards of supervisors to the collectors of taxes in the names of any children wbo are supported at a councowas; and the district collectors are hereby authoriz. ty poor-house.(1), ed to collect the amount due from any person or per. No. 140—[9 31.] The annual reports of trustees of sons in their respective districts, in the same manner school districts, of children residing in their district, that the collectors are authorized to collect town and shall include all over five and under sixteen years of county charges. Those parts of the Revised Statuies age, who shall, at the date of such report, actually be which are inconsistent with the provisions of this act, in the district, composing a part of the family of their are hereby repealed.(1)

parents or guardians, or employers is such parents, No. 132–1923.] Any collector of a school district may guardians, or employers reside at the time in such dis. execute any warrant for the collection of a tax or rate-lirict, although such residence be temporary, but such bill of said district, in any other district or town, in report shall not include children belonging to the the same manner and with the like authority as in the family of any person who shall be an inhabitant of any district for which he was chosen or appointed.(2) other district in this state, in which such children may

No. 133— 59. If the sum or sums of money, payable by law be included in the reports of its trustces.(2) by any person named in such tax list or rate bili, shall No. 141-1935.) All children included in :he reports of not be paid by him, or collected by such warrant with ihe trustees of any new school district shall be entitled in the lime therein limited, it shall and may be lawfullto attend the schools of such district; and whenever it for the trustees to renew such warrant, in respect to shall be necessary for the accommodation of the child. such delinquent person; or in case such person shall ren in any district, the trustees thereof may bire, temnot reside within their district, at the time of makingporarily, any room or rooms for the keeping of schools out a tar list or rate-bill, or shall not reside therein at therein, and the expense thereof shall be a charge on the expiration of such warrant, and no goods or chat sich district.(2) tels can be found therein whereon lo levy the same; the No. 142–4 93. No teacher shall be deemed a qualified trustees may sue for and recover the same, in their teacber, within the meaning of this Title, who shall name of office.

not have received, and shall not then hold, a certificate No. 134–9 13. Whenever the trustees of any school of qualification, dated within one year, from the town district shall discover any error in a tax list or rate bili superintendent of common schools for the town in made out by them, prior to the expenditure of the which he shall be employed, or from the county superamount therein directed to be raised, they may refund intendent as bereinalier provided. any amount improperly collected on such tax list or No. 143, 94. Where a school district is formed out rale bill, and amend and correct such tax list or rate of iwo or more adjoining towns, it shall be the duty of bill, in conformity to law; and whenever more than the trustess of such district, to make and transmit a one renewal of a warrant for the collection of any tax report to the town superintendent of common schoo's, list or rate bill, may become necessary in any district, for each of the towns out of which such district shall the trustees may make such further renewal, with the be formed, within the same time, and in the same man. written approbation of the town superintendent of the ner, asis required by sections ninety-one and ninety. town in which the school house of said district shall be two of this title; distinguishing the number of childlocated, to be endorsed upon such warrant.(a)

ren over the age of five and under sixteen years, resi. No. 135—-9 90. If the moneys apportioned to a district ding in each part of a district which shall be in a dirby the town superintendent of common schools, shall|ferent town from the other parts, and the number of not have been paid, it shall be the duty of the trustees children taughi, and the amount of school moneys re. thereof, to bring a suit for the recovery of the same, ceived from each part of the district. with interest, against the town superintendent in whose No. 144--- 95. Where any neighborhood shall be set hands the same shall be, or to pursue such other reme- off by itself, the inhabitants of such separate neişhbor dy for the recovery thereof, as is or shall be given by hood'shall annually meet together and choose one trus. law; and the moneys when recovered, shall be applied tee: whose duty it shall be every year, within the time by them in the same manner as if they had been paid limited for making district reports, to make and trans. without suit.

mit a report in writing, bearing date on the first day No. 136—$ 91. The trustees of each school district of January, in the year in which it shall be transmitted shall, between the first and fifteenth days of January, in to the town superintendent of common schools of the every year, make and transmit a report, in writing, tolltown from which such neighborhood shall be set off, the town superintendent of common schools for such specifying the number of children over the age of tive town, dated on the first day of January, in the year in and under sixteen years, residing in such neighborhood, which it shall be transmitted.(6)

the amount of moneys received from the town superin. No. 137–92. Every such report signed and certified tendent since the date of last report, and the manner in by a majority of the trustees making it, shall be deliv. l, which the same have been expended. ered to the town clerk and shall specify,

No. 145—5 96. Every trustee of a school district, or 1. The whole time any school has been kept in their separate neighborhood, who shall sign a false report to district during the year ending on the day previous to the town superintendent of common schools of histown, The date of such report, and distinguishing what por: with the intent of causing such town superintendent 10 tion of the time such school has been kept by qualified apportion and pay to bis district or: neighborhood: a leachers :

larger sum than its just proportion of the school moneys 2. The amount of moneys received from the town su- ll of the town, shall for each ofience, forfeit the sum of perintendent of common schools, during such year, wenty-five dollars, and shall also be deemed guilty of and the manner in wbich such moneys have been ex- a misdemeanor. pended :

No. 146— 12. [Repealed by $ 19, act of 1813.) 3. The number of children taught in the district du- No. 147- 97. All property now vested in the trustees ring such year:

of any school district, for the use of schools in the dis4. The number of children residing in the district ontrict, or which may be hereafter transferred to such the last day of December previous to the making of trustees for that purpose, shall be held by them as it such report, over the age of five years, and under six.l corporation. teen years of age, (except Indian children otherwise No. 145—98. The trustees of each school district shall, provided for by law,) and the names of the parents or on the expiration of their offices, reuder to their sticces. other persons with whom such children shall respec. sors in othee, and to the district, at a district meeting, tively reside, and the number of children residing with || a just and true account, in writing, of all moneys re. each.

ceived by them respectively for the use of their district; No. 138-10 1.) It shall be the duty of trustees of land of the manner in hich the same shall have been school districts to state in their annual reports, the expended, which account shall te delivered to the disamount of money paid for teachers' wages in addition trict clerk, and be filed by him. to the public money paid therefor, and such other in. No. 149—ý 99. Any balance of such moneys, which formation in relation to the schools and the districts as I shall appear from such account to remain in the hands the superintendent of common schools may from time to of the irustees or either of them, at the time of render: require(3)

ing the account, shall immedately he paid to some one

or more of their successors in office. (1) Laws of 1835, chap. 308, 93.

No. 150— 100. Every trustee who shall refuse or (2) Laws of 1841, chap. 260, 28.

neglect to render such account, or to pay over any ba(a) Laws of 1942, chap. 133, \ 13. (b) Amended by Laws of 1843, chap. 133, 14.

(1) Laws of 1531, chap. 277, $ 6. (3) Laws of 1837, chap. 241, $ 1.

(2) Law of 1811, chup. 260, 34 and 35.

lance so found in his hands, shall for each offence, for. Nos. 161, 162, 163 and 164 annulled by act of 1841, $ 38. feit the sum of twenty-five dollars.

No. 165— 115. It shall be the duty of each counNo. 151- 101. It shall be the duty of his successors ty clerk, immediately after the first day of Au. in office to prosecute without delay, in their name of ||gust(1) in every year, in case the town superintendent oilice, for the recovery of such forfeiture; and the mo. of common schools of any town in his county shall neys recovered shall be applied by them to the use and have neglected to make to him bis annual report, lo benefit of their district schools.

give notice of such neglect to the clerk of the town, No. 152-- 102. Such successors shall also have the who shall immediately notify such town superintendent same remedies for the recovery of any unpaid balance for the purpose of making his report. in the hands of a former trustee, or his representatives, as are given to the town superintendent of common

MISCELLANEOUS PROVISIONS. schools against a former town superintendent and his No. 166-19 6.] Town superintendents of common representatives; and the moneys recovered shall be ap-schools, and trustees and clerks of school districts, re. plied by them to the use of their district, in the same fusing or wilfully neglecting to make any report, or to inanner as if they had been paid without suit.(1) perform any other duty required by law, or by regula

No. 153--5 103. All bonds or securities, taken by the lions or decisions made under the authority of any statrustees from the collector of their district, shall, on tute, shall severally forfeit to their town, or to their dis. the expiration of their office, be delivered over by them trict, as the case may be, for the use of the common to their successors in office,

schools therein, the sum of ten dollars for each such No. 151– 104. The collector of each school district | neglect or refusal, which penalty shall be sued for and shall be allowed five cents on every doilar collected collected by the supervisor of the town, and paid over and puid over by him.

to the proper officers to be distributed for the benefit of No. 155–5 105. It shall be his duty to collect and pay the common schools in the town or district to which such over to the trustees of his district, some or one of them, ) penalty belongs; and when the share of school or library all'moneys which he shall be required by warrant to money' apportioned to any town or district, or school or collect, within the time limited in such warraut for its llany portions thereof, or any money to which a town or return, and to take the receipt of such trustee or trus-district would have been entitled, shall be lost in con. tees for such payment.

sequence of any wilful neglect of official duty by any No. 156- 106. Every collector of a school district town superintendent of common schools, or trustees or shall, before receiving any warrant for the collection of clerks of school districts, the officers guilty of such neg. moneys, execute a bond to the Trustees of his district | lect shall forfeit to the town or district the full amount, when required by them in their corporate name, with with interest, of the moneys so lost; and they shall be one or more surélies, to be approved by one or more of jointly and severally liable for the payment of such The trustces, in double the amount of taxes to be col. I forfeiture.(2) lected, conditioned for the due and faithful execution of No. 167-16 33.) In any suit which shall hereafter be the duties of his office.

commenced against town superintendents of common No. 157-9 107. If any collector shall not execute schools, or officers of school districts, for any act persuch bond within the time allowed him by the trustees formed by virtue of, or under color of, their offices, or for that purpose, which shall not be less ihan ten days, for any refusal or omission to perform any duty enjoinhis office shall be vacated; and the trustees may ap-led by law, and which might have been the subject of an point any other person residing in the district, as col-l appeal to the superintendent, no costs shall be allowed lector in his place.

to the plaintiff in cases where the court shall certify No. 159–$ 10s. If by the neglect of the collector, any | ibat it appeared on the trial of the cause that the de. moneys shall be lost to his district, which might have tendants acted in good faith. But this provision shall been collected within the time limited in the warrant not extend to suits for penalties, nor to suits or prodelivered to him for their collection, he shall forfeit to ceedings to enforce the decisions of the superintenhis district the full amount of the moneys thus lost, | deni.(3) and shull account for and pay over the same to the trus. No. 168-[$ 15.) A school for colored children may be tees of his dictrict, in the same manner as if they had established in any city or town of this state, with the been collected.

approbation of the comm’rs or town sup'e of common No. 159- 109. For the recovery of all forfeitures, schools of such city or town, which shall be under the and of balances in the hands of a collector which he charge of the trustees of the district in which such shall have neglected to pay over, the trustees of the school shall be kept; and in places where no school dis. district may sue in their naine of office, and shall betricts exist, or where from any cause it may be expedientitled to recover the same with interest and costs; lent, such school may be placed in charge of trustees to and the inoncys recovered shall be applied by them in be appointed by the comm'rs or town sup'ı of common the same manner as if paid without suit.

schools of the town or city, and if there be none, to be No. 160-ý 110. Any person conceiving himself as appointed by the superintendent. Returns shall be grieved in consequence of any decision made,

made by the trustees of such schools to the town super1. By any school district meeting :

intendent of common schools, at the same time and in 2. By the town superintendent of common schools, in the same manner as now provided by law in relation to the formingoraltering.orin refusing to form or alter any districts; and they shall particularly specify the num. school districtor in refusing to pay any school moneys to ber of colored children over five and under sixteen years any such district:

of age, attending such school from different districts, 3. By the trustees of any district, in paying any teach. naming such districts respectively, and the number from er, or refusing to pay him, or in refusing to admit any cach. The town superintendent shall apportion and scholar gratuitously into any school:

pay over to the trustees of such schools, a portion of 4. Or concerning any other nutter under the presentine money received by them annually, in the same man. Title : May appeal to the superintendent of the coun. per as now provided by law in respect to school dis. ly in which the subject matter of such appeal shall have tricts, allowing to such schools the proper proportion originaled, in the same manner as now provided in re. for each child over five and under sixteen years, who lation to appeals to the superintendent of common shall have been instructed in such school at least four schools, who is hereby authorized and required to er- | months by a teacher duly licensed, and shall deduct amine and decide the same; and where the district in such proportion from the amount that would have been which the subject matter of such appeal shall have apportioned to the district to which such child belongs; arisen, shall be a joint district, embracing portions of land in his report to the superintendent, the town super two counties or towns, such appeal shall be brought to intendent shall specially designate the schools for the county superintendent of the county or section in colored children in his town or city.(4) which the school-house of such district shall be loca. No. 169—1932.] The superintendent of common ted. The decision of such county superintendent shall schools, from year to year, shall be authorized to subhe final and conclusive, unless appealed from to the su-l scribe for so many copies of any periodical published perintendent of common schools within fifteen days af. at least monthly in this state, exclusively devoted to ter the service of a copy of such decision upon the par. the cause of education, and not partaking of a sectarian ties respectively. And an appeal from the decision of or party character, as shall be sufficient to supply one the county superintendent to the superintendent of|| copy to cach organized school district in the state; in common schools may be made in fifteen days, as now which periodical the statutes relating to common provided by law in relation to appeals from districts, ll schools, passed at the present or any future session of in sich manner and under such regulations as shall be prescribed by the superintendent of common schools.(a)

(1) August substituted for October, by chap. 30s, laws

of 1$35, 2. (1) See ante No. 14,

(2) Laws of 1839, chap. 330, \ 6. (1) Amended by laws 1813, ch. 133, 07.

(3) Laws of 1841, chap. 260, $ 33, (4) Ibid. 9 13.

« PreviousContinue »