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 that the omission to give such notice was wilful and fraudulent.

No. 83-64. No tax to be voted by a district meeting for building, hiring or purchasing a school-house shall exceed the sum of four hundred dollars, unless the town superintendent of common schools of the town in which the school-house is to be situated, shall certify in writing, his opinion that a larger sum ought to be raised, and shall specify the sum; in which case, a sum not exceeding the sum so specified, shall be

raised.

procuring a new site, and in removing or erecting a building or buildings thereon, so far as such appropriation shall be necessary. (1)

No. 92-67. When a new district shall be formed from one or more districts, possessed of a school-house: and in cases where any district from which such new district shall be in whole or in part formed, shall be entitled to other property than its school-house, then the town superintendent of common schools, at the time of forming such new district, shall ascertain and determine the amount justly due to such new district, from any district out of which it may have been in whole or No. 84-5 65.-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 at- 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 divitown or towns, at a joint meeting for the purpose of sion. altering a school district formed from their respective | towns, and a major part of the town superintendents notified shall refuse or neglect to attend, the town superintendents attending, by a majority of votes, may call a special district meeting of such district, for the purpose of deciding on such proposed alteration; and the decision of such meeting shall be as valid as if made by the town superintendents of all towns interested, but shall extend no further than to dissolve the district formed from such towns.

No. 93-68. Such proportion shall be ascertained, according to the taxable property of the inhabitants of the respective parts of such former district, at the time of the division, by the best evidence in the power of the town superintendent; and deduction shall be made therein for any debts due from the former district.

No. 94-69. Such proportion when ascertained, shall be levied, raised and collected, with fees for collection, by the trustees of the district retaining the school-house or other property of the former district, No. 85-[ 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 necessary; nor then, unless two-thirds of all those present at a special meeting of such district, called for that purpose, and qualified to vote therein, shall vote for such removal and in favor of such new site.(1)

No. 86-2.] Such vote shall be taken by ayes and noes, and the name of each voter, with the vote that he shall give, shall be entered by the clerk in the records of such school district.(1.)

No. 67-[$ 3.] Every notice of a district meeting called in pursuance of this act shall state the purpose for which such meeting is called. (1)

of the inhabitants who were taken from the former district, in reduction of any tax that may be imposed for erecting a school-house.

No. 95 [3.] When two or more districts shall be consolidated into one, the new district shall succeed to all the rights of property possessed by the districts of which it shall be composed; and when a district is annulled, and portions of it are annexed to other districts, that district into which the school-house, or its site or any other property of such dissolved district may fall, shall succeed to all the rights of the annulled district in respect to such property, and whenever two or more No. 88-[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 district entitled to vote, lawfully assem- tered district, the trustees of such district may sell the bled at any district meeting shall have power by a ma-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.(2) of the former site or lot, and the buildings thereon, and appurtenances, or any part thereof, at such price and upon such terms as they shall deem most advantageous to the district; and any deed duly executed by the trustees of such district, or a majority of them, in pursuance of such direction, shall be valid and eflectual to pass all the estate or interest of such school district in the premises intended to be conveyed thereby, to the grantee named in such deed; and when a credit shall be directed to be given upon such sale, for the consideration money, or any part thereof, the trustees are hereby authorized to take in their corporate name, such security by bond and mortgage, or otherwise for the payment thereof, as they shall deem best, and shall hold the same as a corporation, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and the trustees of any such district for the time being, may in their name of office, sue for and recover the money's due and unpaid upon any security so taken by them or their predecessors in office, with interest and cost.(1)

No. 89-[5.] All moneys arising from any sale made in pursuance of the last preceding section, shall be appropriated to the payment of the expenses incurred in procuring a new site and in removing or erecting a school-house, or either of them, so far as such application thereof shall be deemed necessary.(2)

No. 90-[ 4.] Whenever the site of the school-house in any school district in this state shall have been legally changed, the trustees of such district shall have power to sell and convey the former site, and the building or buildings thereon, upon such terms as they shall deem advantageous to the district. (3)

No. 91-[5] The proceeds arising from any sale made in pursuance of the preceding section, shall be

(1) Laws of 1831, ch. 44, and orig. § 66 repealed.
(2) Laws of 1831, ch. 44.
(3) Ib. 1835, ch. 308, § 4 and 5.

No. 96-[ 4.] In cases where by the dissolving a district its school-house or other property shall be annexed to or included in another district, the town superintendeat of common schools, by whose orders such dissolution was effected, shall appraise such property in the manner provided by law in cases of the creation of new districts; and the proportions assigned to the inhabitants of such dissolved district who are not annexed to the district which includes the school-house, or other property, shall be raised by the trustees of such last mentioned district and paid over to the trustees of the district to which such inhabitants are annexed, in the same manner as in case of the creation of a new district, and to be applied to the same purpose.(2)

No. 97-9 5.] When there shall be any moneys in the hands of the officers, of a district that is or may be annulled, or belonging to such district, the town superintendent of common schools of the town may demand, sue for and recover the same, in their name of office, and shall apportion the same equitably between the districts to which the several portions of such annulled district may have been annexed, to be held and enjoyed as dis trict property.(2)

No. 98-70. The clerk, trustees, and collector of each school district, shall hold their respective offices until the annual meeting of such district next following the time of their appointment, and until others shall be elected in their places.

No. 99-71. In case any such office shall be vacated by the death, refusal to serve, removal out of the district, or incapacity of any such officer, and the vacan cy shall not be supplied by a district meeting within one month thereafter, the town superintendent of common schools of the town may appoint any person residing in such district to supply such vacancy.

No. 100-72. Every person duly chosen or appointed to any such office, who without sufficient cause, shall (1) Laws of 1835, chap. 308, § 5. (2) Laws of 1841, ch. 260, § 3, 4 and 5.

refuse to serve therein, shall forfeit the sum of five dollars; and every person so chosen or appointed, and not 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 each person not so exempted, shall be liable to pay for instruction, and the amount payable by each person: 13. To make out a rate bill containing the name of each person so liable, and the amount for which he is liable, adding thereto five cents on each dollar of the sum due from him, for collector's fees; and to annex thereto a warrant for the collection thereof:

the original tax list, and if found to be a true transcript, they shall add to such account a certificate to the effect that they have compared the same with the original tax list and found it to be correct, and shall immediately transmit such account, with the collector's affidavit and their certificate to the treasurer of the county,

No. 111-23.] Out of any moneys in the county treasury, raised for contingent expenses, the county treasurer shall pay to the trustees of the school district in which such taxes were imposed, the amount thereof so returned as unpaid.

be lawfully assessed and paid by any person, on ac count of any real property, whereof he is only tenant at will, or for three years, or for a less period of time, such tenant may charge the owner of such real estate with the amount of the tax so paid by him, unless some agreement to the contrary shall have been made by such

tenant.

No. 122-[§ 11.] It shall be the duty of the trustees of school districts, to procure for the use of their district two bound blank books from time to time, as shall be necessary, in one of which the accounts of all moneys all moveable property belonging to the district, shall be entered at large, and signed by such trustees, at or before each annual meeting in such district. In the other of the said books, the teachers shall enter the names of the scholars attending school, and the number of days they shall have respectively attended, and also the days on which such school shall have been inspected by the deputy superintendent and the town inspectors; which entries shall be verified by the oath or affirmation of the teachers, and shall constitute the list on which rate bills shall be apportioned. The said books shall be preserved by the trustees as the property of the district, and shall be delivered to their successors.(1)

No. 112-[ 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 board of supervisors of the county, who shall cause the amount of such unpaid taxes, with seven per cent of the amount in addition thereto, to be levied upon the lands of non-residents on which the same were imposed, and if imposed upon the land of any incorporated company, then upon such company, in the same manner that the contingent charges of the county are directed to be levied and collected, and when collected the same shall be returned to the county treasury to reimburse the amount so advanced, with the expense of collection. No. 113-[§ 25.] Any person whose lands are included in any such account may pay the tax assessed thereon to the county treasurer, at any time before the board of supervisors shall have directed the same to be levied.

provide his just proportion of such fuel.

No. 124-85. The proportion of fuel which every person sending children to the school, shall be liable to provide, shall be determined by the trustees of the district, according to the number of children sent by each; but such indigent persons as in the judgment of the trustees, shall be unable to provide the same, shall be exempted from such liability.

No. 123- 84. Where the necessary fuel for the school of any district shall not be provided, by means of a No. 114-[ 26.] 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 provided by law in relation to county taxes; and upon a similar account as in the case of county taxes of the arrears thereof uncollected, being transmitted by the county treasurer to the Comptroller, the same shall be paid on his warrant to the treasurer of the county advancing the same; and the amount so assumed by the state shall be collected for its benefit, in the manner prescribed by law in respect to the arrears of county taxes upon lands of non-residents; or if any part of the amount so assumed consisted of a tax upon any incorporated company, the same proceedings may also be had for the collection thereof as provided by law, in respect to county taxes assessed upon such company. No. 115-27.] A person working land under a contract for a share of the produce of such land, shall be deemed the possessor, so far as to render him liable to taxation therefor, in the district where such land is situate.(1)

No. 125-§ 86. If any person liable to provide such fuel, shall omit to provide the same, on notice from any one of such trustees, it shall be the duty of the trustees to furnish such fuel, and to charge the person so in default the value of, or amount paid for, the fuel furnished.

No. 126-§ 87. Such value or amount may be added to the rate-bill of the moneys due for instruction, and may be collected therewith, and in the same manner; or the trustees may sue for and recover the same, in their own names, with costs of suit.

No. 116-77. Every person owning or holding any real property within any school district, who shall im-trict are required or authorized by law, or by vote of prove and occupy the same by his agent or servant, shall, in respect to the liability of such property to taxation, be considered a taxable inhabitant of such district, in the same manner as if he actually resided therein.

No. 127-14.] When the trustees of any school distheir district, to incur any expense for such district, and when any expenses incurred by them, are made by express provision of law a charge upon such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be raised had been voted by a district meeting, and the same shall be colleeted and paid over in the same manner. (2)

No. 117-79. The valuations of taxable property shall be ascertained, so far as possible, from the last assessment roll of the town; and no person shall be No. 128-6 8. The warrant annexed to any tax list or entitled to any reduction in the 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 them, and shall command the collechis 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.

No. 118-$80. In every case where such reduction shall be duly claimed, and in every case where the valuation of taxable property cannot be ascertained from the last assessment roll of the town, the trustees shall ascertain the true value of the property to be taxed, from the best evidence in their power, giving notice to the persons interested, and proceeding in the same manner as the town assessors are required by law to proceed, in the valuations of taxable property. No. 119-81. Every taxable inhabitant of a district, who shall have been, within four years, set off from any other district without his consent, and shall, with in that period, have actually paid in such other district, under a lawful assessment therein, a district tax for building a school-house, shall be exempted by the trus tees of the district where he shall reside, from the payment of any tax for building a school-house therein.

No. 120-82. Every district tax shall be assessed, and the tax list thereof be made out by the trustees, within one month after the district meeting in which the tax shall have been voted.

No. 121- 83. Where any district tax, for the purpose of purchasing a site for a school-house, or for purchasing, or building, keeping in repair, or furnishing such school-house with necessary fuel and appendages, shall

(1) Laws of 1841, chap. 260, § 19 to 27 inclusive, by which original sections 76 and 78 are repealed.

bill named, the sum therein set opposite to his name; and in case any inhabitant shall not pay such sum on demand, to levy the same of his goods and chattels, together with his fees, and to make a return of such warrant within thirty days after the delivery thereof.

No. 129-[2.] The warrant annexed to any tax list for the collection of a district tax for erecting or repairing any school house, shall command the collector, in case any person named in such list shall not pay the sum therein set opposite to his name on demand, to levy the same of his goods and chattels in the same manner as on warrants issued by the board of supervisors to the collectors of towns; and such part of the eighty-eighth section of Article five of the aforesaid Title as is repugnant thereto, is hereby repealed. (4)

No. 130-[§ 1. All taxes directed to be raised by the act hereby amended, shall be collected in the manner prescribed in the second section of the act entitled An act to amend the Revised Statutes relating to common schools," passed April 21st, 1831.(5)

No. 131-[ 3. The warrants issued by the trustees of

(1) Laws of 1841, chap. 260, § 11.
(2) Ib. § 14.

(3) Provision requiring seals to warrants, struck out, being abrogated by § 29, ch. 260 laws of 1841. See ante No. 105.

(4) Laws of 1831, chap. 206, § 2.
(5) Laws of 1932, ch. 317, 1 i.

No. 139-6.] It shall not be lawful for the trustees of any school district to include in their annual returns, the names of any children who are supported at a counpoor-house.(1)

school districts for the collection of rate-bills, shall
have the like force and effect as warrants issued by the
boards of supervisors to the collectors of taxes in
towns; and the district collectors are hereby authoriz-ty
ed to collect the amount due from any person or per-
sons in their respective districts, in the same manner
that the collectors are authorized to collect town and
County charges. Those parts of the Revised Statutes
which are inconsistent with the provisions of this act,
are hereby repealed.(1)

No. 140-[ 34.] The annual reports of trustees of school districts, of children residing in their district, shall include all over five and under sixteen years of age, who shall, at the date of such report, actually be in the district, composing a part of the family of their parents or guardians, or employers if such parents, No. 132-[28.] 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-trict, although such residence be temporary, but such bill of said district, in any other district or town, in the same manner and with the like authority as in the district for which he was chosen or appointed. (2)

No. 133-89. If the sum or sums of money, payable by any person named in such tax list or rate bill, shall not be paid by him, or collected by such warrant with in the time therein limited, it shall and may be lawful for the trustees to renew such warrant, in respect to such delinquent person; or in case such person shall not reside within their district, at the time of making out a tax list or rate-bill, or shall not reside therein at the expiration of such warrant, and no goods or chattels can be found therein whereon to levy the same; the trustees may sue for and recover the same, in their name of office.

No. 134- 13. Whenever the trustees of any school district shall discover any error in a tax list or rate bili made out by them, prior to the expenditure of the amount therein directed to be raised, they may refund any amount improperly collected on such tax list or rate bill, and amend and correct such tax list or rate bill, in conformity to law; and whenever more than one renewal of a warrant for the collection of any tax list or rate bill, may become necessary in any district, the trustees may make such further renewal, with the written approbation of the town superintendent of the town in which the school house of said district shall be located, to be endorsed upon such warrant. (a)

report shall not include children belonging to the
family of any person who shall be an inhabitant of any
other district in this state, in which such children may
by law be included in the reports of its trustees.(2)
No. 141-[§ 35.] All children included in the reports of
the trustees of any new school district shall be entitled
to attend the schools of such district; and whenever it
shall be necessary for the accommodation of the child-
ren in any district, the trustees thereof may hire, tem-
porarily, any room or rooms for the keeping of schools
therein, and the expense thereof shall be a charge on
such district.(2)

No. 142-93. No teacher shall be deemed a qualified teacher, within the meaning of this Title, who shall not have received, and shall not then hold, a certificate of qualification, dated within one year, from the town superintendent of common schools for the town in which he shall be employed, or from the county superintendent as hereinafter provided.

No. 143-94. Where a school district is formed out of two or more adjoining towns, it shall be the duty of the trustess of such district, to make and transmit a report to the town superintendent of common schoo ́s, for each of the towns out of which such district shall be formed, within the same time, and in the same manner, as is required by sections ninety-one and ninetytwo of this Title; distinguishing the number of children over the age of five and under sixteen years, residing in each part of a district which shall be in a different town from the other parts, and the number of children taught, and the amount of school moneys received from each part of the district.

No. 135-90. If the moneys apportioned to a district by the town superintendent of common schools, shall not have been paid, it shall be the duty of the trustees thereof, to bring a suit for the recovery of the same, with interest, against the town superintendent in whose hands the same shall be, or to pursue such other reme-off by itself, the inhabitants of such separate neighbor. dy for the recovery thereof, as is or shall be given by law; and the moneys when recovered, shall be applied by them in the same manner as if they had been paid without suit.

No. 136-91. The trustees of each school district shall, between the first and fifteenth days of January, in every year, make and transmit a report, in writing, to the town superintendent of common schools for such town, dated on the first day of January, in the year in which it shall be transmitted.(6)

No. 137-92. Every such report signed and certified by a majority of the trustees making it, shall be delivered to the town clerk and shall specify,

1. The whole time any school has been kept in their district during the year ending on the day previous to the date of such report, and distinguishing what por: tion of the time such school has been kept by qualified

teachers:

2. The amount of moneys received from the town superintendent of common schools, during such year, and the manner in which such moneys have been expended:

3. The number of children taught in the district during such year:

No. 144-95. Where any neighborhood shall be set hood shall annually meet together and choose one trus tee: whose duty it shall be every year, within the time limited for making district reports, to make and transmit a report in writing, bearing date on the first day of January, in the year in which it shall be transmitted to the town superintendent of common schools of the town from which such neighborhood shall be set off, specifying the number of children over the age of five and under sixteen years, residing in such neighborhood, the amount of moneys received from the town superintendent since the date of last report, and the manner in which the same have been expended.

No. 145-96. Every trustee of a school district, or separate neighborhood, who shall sign a false report to the town superintendent of common schools of his town, with the intent of causing such town superintendent to apportion and pay to his district or neighborhood, a larger sum than its just proportion of the school moneys of the town, shall for each offence, forfeit the sum of twenty-five dollars, and shall also be deemed guilty of a misdemeanor.

No. 146-12. [Repealed by 19, act of 1843.]

No. 147-6 97. All property now vested in the trustees of any school district, for the use of schools in the district, or which may be hereafter transferred to such trustees for that purpose, shall be held by them as a

4. The number of children residing in the district on the last day of December previous to the making of such report, over the age of five years, and under six-corporation. teen years of age, (except Indian children otherwise provided for by law,) and the names of the parents or other persons with whom such children shall respectively reside, and the number of children residing with each.

No. 138-[1] It shall be the duty of trustees of school districts to state in their annual reports, the amount of money paid for teachers' wages in addition to the public money paid therefor, and such other information in relation to the schools and the districts as the superintendent of common schools may from time to require.(3)

(1) Laws of 1835, chap. 308, § 3.
(2) Laws of 1841, chap. 260, § 28.
(a) Laws of 1943, chap. 133, § 13.

(b) Amended by Laws of 1843, chap. 133, § 14.
(3) Laws of 1837, chap. 241, § 1.

No. 148-98. The trustees of each school district shall, on the expiration of their offices, render to their successors in office, and to the district, at a district meeting, a just and true account, in writing, of all moneys received by them respectively for the use of their district; and of the manner in which the same shall have been expended, which account shall be delivered to the district clerk, and be filed by him.

No. 149-99. Any balance of such moneys, which shall appear from such account to remain in the hands of the trustees or either of them, at the time of rendering the account, shall immeḍately he paid to some one or more of their successors in office.

No. 150-100. Every trustee who shall refuse or neglect to render such account, or to pay over any ba

(1) Laws of 1831, chap. 277, § 6.
(2) Law of 1841, chap. 260, § 34 and 35.

lance so found in his hands, shall for each offence, forfeit the sum of twenty-five dollars.

No. 151-§ 101. It shall be the duty of his successors in office to prosecute without delay, in their name of office, for the recovery of such forfeiture; and the moneys recovered shall be applied by them to the use and benefit of their district schools.

No. 152-102. Such successors shall also have the same remedies for the recovery of any unpaid balance in the hands of a former trustee, or his representatives, as are given to the town superintendent of common schools against a former town superintendent and his representatives; and the moneys recovered shall be applied by them to the use of their district, in the same inanner as if they had been paid without suit.(1)

No. 153-103. All bonds or securities, taken by the trustees from the collector of their district, shall, on the expiration of their office, be delivered over by them to their successors in office.

No. 154-104. The collector of each school district shall be allowed five cents on every dollar collected and paid over by him.

Nos. 161, 162, 163 and 164 annulled by act of 1841, § 38. No. 165-115. It shall be the duty of each county clerk, immediately after the first day of August(1) in every year, in case the town superintendent of common schools of any town in his county shall have neglected to make to him his annual report, to give notice of such neglect to the clerk of the town, who shall immediately notify such town superintendent for the purpose of making his report.

MISCELLANEOUS PROVISIONS.

No. 166-[ 6.] Town superintendents of common schools, and trustees and clerks of school districts, refusing or wilfully neglecting to make any report, or to perform any other duty required by law, or by regulations or decisions made under the authority of any statute, shall severally forfeit to their town, or to their district, as the case may be, for the use of the common schools therein, the sum of ten dollars for each such neglect or refusal, which penalty shall be sued for and collected by the supervisor of the town, and paid over to the proper officers to be distributed for the benefit of the common schools in the town or district to which such penalty belongs; and when the share of school or library money apportioned to any town or district, or school or any portions thereof, or any money to which a town or sequence of any wilful neglect of official duty by any town superintendent of common schools, or trustees or clerks of school districts, the officers guilty of such neglect shall forfeit to the town or district the full amount, with interest, of the moneys so lost; and they shall be jointly and severally liable for the payment of such

No. 155-§ 105. It shall be his duty to collect and pay over to the trustees of his district, some or one of them, all moneys which he shall be required by warrant to collect, within the time limited in such warraut for its return, and to take the receipt of such trustee or trus-district would have been entitled, shall be lost in contees for such payment.

No. 156-106. Every collector of a school district shall, before receiving any warrant for the collection of moneys, execute a bond to the trustees of his district when required by them in their corporate name, with one or more sureties, to be approved by one or more of the trustees, in double the amount of taxes to be col-forfeiture.(2) lected, conditioned for the due and faithful execution of the duties of his office.

No. 167-[33.] In any suit which shall hereafter be commenced against town superintendents of common No. 157-107. 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 than ten days, for any refusal or omission to perform any duty enjoinhis office shall be vacated; and the trustees may ap-ed by law, and which might have been the subject of an point any other person residing in the district, as col-appeal to the superintendent, no costs shall be allowed lector in his place. to the plaintiff in cases where the court shall certify that it appeared on the trial of the cause that the detendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent.(3)

No. 158-108. If by the neglect of the collector, any moneys shall be lost to his district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall forfeit to his district the full amount of the moneys thus lost, and shall account for and pay over the same to the trus tees of his dictrict, in the same manner as if they had been collected.

No. 159- 109. For the recovery of all forfeitures, and of balances in the hands of a collector which he shall have neglected to pay over, the trustees of the district may sue in their name of office, and shall be entitled to recover the same with interest and costs; and the moneys recovered shall be applied by them in the same manner as if paid without suit.

No. 160- 110. Any person conceiving himself ag. grieved in consequence of any decision made, 1. By any school district meeting:

2. By the town superintendent of common schools, in the forming or altering, or in refusing to form or alter any school district,or in refusing to pay any school moneys to any such district:

3. By the trustees of any district, in paying any teacher, or refusing to pay him, or in refusing to admit any scholar gratuitously into any school:

4. Or concerning any other matter under the present Title: May appeal to the superintendent of the county in which the subject matter of such appeal shall have originated, in the same manner as now provided in relation to appeals to the superintendent of common schools, who is hereby authorized and required to examine and decide the same; and where the district in which the subject matter of such appeal shall have arisen, shall be a joint district, embracing portions of two counties or towns, such appeal shall be brought to the county superintendent of the county or section in which the school-house of such district shall be located. The decision of such county superintendent shall be final and conclusive, unless appealed from to the superintendent of common schools within fifteen days af ter the service of a copy of such decision upon the parties respectively. And an appeal from the decision of the county superintendent to the superintendent of common schools may be made in fifteen days, as now provided by law in relation to appeals from districts, in such manner and under such regulations as shall be prescribed by the superintendent of common schools. (a)

(1) See ante No. 48.

(4) Amended by laws 1843, ch. 133, § 7.

No. 168-[ 15.] A school for colored children may be established in any city or town of this state, with the approbation of the comm'rs or town sup't of common schools of such city or town, which shall be under the charge of the trustees of the district in which such school shall be kept; and in places where no school districts exist, or where from any cause it may be expedient, such school may be placed in charge of trustees to be appointed by the comm'rs or town sup't of common schools of the town or city, and if there be none, to be appointed by the superintendent. Returns shall be made by the trustees of such schools to the town superintendent of common schools, at the same time and in the same manner as now provided by law in relation to districts; and they shall particularly specify the number of colored children over five and under sixteen years of age, attending such school from different districts, naming such districts respectively, and the number from each. The town superintendent shall apportion and pay over to the trustees of such schools, a portion of the money received by them annually, in the same manner as now provided by law in respect to school districts, allowing to such schools the proper proportion for each child over five and under sixteen years, who shall have been instructed in such school at least four months by a teacher duly licensed, and shall deduct such proportion from the amount that would have been apportioned to the district to which such child belongs; and in his report to the superintendent, the town superintendent shall specially designate the schools for colored children in his town or city.(4)

No. 169 [32.] The superintendent of common schools, from year to year, shall be authorized to subscribe for so many copies of any periodical published at least monthly in this state, exclusively devoted to the cause of education, and not partaking of a sectarian or party character, as shall be sufficient to supply one copy to each organized school district in the state; in which periodical the statutes relating to common schools, passed at the present or any future session of

(1) August substituted for October, by chap. 308, laws of 1935, § 2. (2) Laws of 1839, chap. 330, § 6. (3) Laws of 1841, chap. 260, § 33. (4) Ibid. § 15.