to the taxable property of the inhabitants remaining in dollars. 18 In the above form, it will be seen that the new bound. aries of the districts, caused by the alteration, are given This is deemed very necessary in order to prevent all mistake or ambiguity, and to preserve a continual record of the actual bounds of the districts. If any of the persons set off consent to the alteration, it should be stated, so that the trustees may know whether he is taxable for building a school-house. The consent of trustees to the alteration, and in case of their not consenting, the notices to them, will be as before given under the 2nd and 3d heads. 8. Proceedings in the formation or alteration of a Joint District from two or more towns. A meeting of the town superintendents, &c., of the different towns must be called, by a notice given to each a reasonable time before the day appointed. From the language of section 65, (No. 84,) it may be inferred that the notice should be given by the town superintendent of one town. At all events, that will be the safest course. If the town superintendent of one town, notified to attend a joint meeting, for the purpose of altering such district, shall refuse or neglect to attend, the town superintendent attending may call a special meeting of the inhabitants of the district, who may dissolve such district. This is a special case, and a special provision is made for it. The proceedings in the formation of a joint district will be in all respects similar to those previously given in relation to ordinary cases, with the following additions: As there is no clerk assigned by law to the joint meeting, the officers present should sign the proceedings. The caption should give the names of the towns to which the town superintendents belong; and the resolutions should be recorded in each of those towns. You are therefore, according to the statute relating to common schools, to levy and collect the sum of fifty dollars, from the taxable inhabitants remaining in District No. after the alteration alluded to,jand pay the same to the Trustees of said new District No. 23 Given under our hands at this day of A. B. Town Superintendent. The money thus received by the new district is not to be paid to the individuals whose portions have been ascertained, but is to be applied by the trustees receiving it, towards procuring a school-house, and is to be allowed to the credit of such individuals, in reduction of any tax for erecting a school-house. 69, (No. 94.). If the amount of the tax upon any one of those individuals for erecting a school-house is not equal to his portion of the sum raised and paid over to the trustees, yet as the law positively requires its application towards procuring a school-house, and leaves no discretion on the subject, it must be so applied: and if for any reason no tax shall be levied for the erection of In recommending candidates for State Certificates of a school-house, the trustees would be justified in ap-qualification, the length of time during which such canplying the amount received to the repair of their house, giving credit to the individuals upon any tax levied for that purpose, in the same manner as before mentioned. It should be borne in mind, that this appraisal and distribution of the value of the property on hand, is to be made only when a new district is formed; and that the statute does not apply to the case of the mere alteration of a district, by the annexation of one or more inhabitants from another district. Where money is on hand, the town superintendent will, upon proper application, cause an equitable apportionment of it to be made between the new and old, districts. 7. Form of a resolution for the alteration of a District. At a meeting of, &c., [The Instructions, &c. will be continued in the next No. of the Journal.] TO COUNTY SUPERINTENDENTS. didates have taught school, must in all cases be specified. No certificate will hereafter be granted to any person who has taught for a less period than three years. SAMUEL YOUNG, Superintendent of Common Schools. HINTS ON CONVERSATION. "Whether it be in teaching, or exhorting; in defence of our own principles, or in the attack 6. By 4 of the act of May 26, 1841, (No. 96,) a simi- of the principles of others; let the pure love of lar appraisal of the property belonging to a dissolved district is to be made; as in that case, by the previous truth be united to the calmness of moderation. section 3, (No. 95,) the new or altered district succeeds Let the temper of the mind be gentle, as the to the rights of the dissolved or annulled district, in temper of religion. It certainly is a gross viosuch property as falls within such new or altered dis-lation of the maxims of the mild institute, which trict. The proceedings and forms for such appraisal we all profess to venerate, to substitute noise will be like those already given on the formation of a new district. for sense; insult, for demonstration; or accuSation for conviction. Did men consult the sober dictates of common sense, they would conceive every departure from benevolence, not only as a deviation from the duty which man owes to his fellow-man; but also as an injury to the cause that was meant to be promoted. In effect; all insult to the feelings, should rather be a presumption in favor of the cause which it attacks; than an argument for that which it improperly defends. Insult is the instrument with which bad causes attack good ones; with which error assaults truth, and impiety, virtue. If it be in the power of reason to convince, why have recourse to passion? If facts, monuments and authority can establish evidence, why labor to produce it from violence and misrepresentatation? Passion is not reason; nor is misrepresentation, reasoning."-Fletcher. Resolved, That Districts number 1 and number 2, in the said town, be altered as follows, viz: by setting off the farms and parcels of land occupied by John Brown, Thomas Jones and William Richards, from District number one, in which they have heretofore been included to District number two; so that the east boundary of District number one shall hereafter be the casterly line of the farms and parcels of lands occupied by A. B. C. D. &c., and the westerly boundary of district number two shall be the westerly lines of the farms and parcels of land oscupied by the said John Brown, Thomas Jones and William Richards; the said John Brown having consent ed to be set off as aforesaid. The written consent of the Trustees of the said Districts number one and two, hav, ing been presented to the town superintendent, is filed with the Town Clerk; [or, The consent of the Trustees of the said districts respectively, (or of District No. 1. or 2, as the case may be,) not having been given to the said alteration, it is ordered, that a notice in writing of such alteration, signed by the town superintendent, be served by the Clerk, on some one of the Trustees of each of the said districts, (or of District No. 1 or 2.)] Steam-Press of C. Van Benthuysen & Co. DISTRICT SCHOOL JOURNAL, VOL. IV. OF THE STATE OF NEW-YORK. ALBANY, DEC., 1843. INSTRUCTIONS, &c.-(CONTINUED.) II. Duties of Town Superintendents in receiving and dividing the Public School Money. 1. The town superintendent should apply to the county treasurer for the school money of his town in sufficient time to enable him to make the apportionment on the day prescribed by law. He should be careful to receive the whole amount apportioned to, and collected for, his town, without any deduction for commissious, fees, or any other charges of the treasurer or collector, or any other officer; and should see that the bills paid are current and good, as he will be responsible for the same amount for which he gave his receipt. 2. A practice is said to prevail of making two divisions of the public money among the districts in the course of the year. This is contrary to the express pro. vision of the statute, and is exceedingly reprehensible. The 6th subdivision of section 20 (No. 24) makes it the duty of the town superintendent to apportion the school moneys received by him, on the first Tuesday of April in each year; and by the 7th subdivision of the same section, if he have received reports from all the districts before that day, he is to divide the money within ten days after receiving all the reports and the money. No. 9. lished by the existing law, in relation to the public money-the number of children above five, and under sixteen years of age. No part of the interest or principal of this town fund can be distributed as "library money" "the whole must be apportioned and paid over as school money." There are laws of a similar character respecting the gospel and school lots, which are so local and peculiar as not to justify any particular observations concerning them. in a general circular; except that it seems to the superintendent none of these funds can be applied to the purchase of books. In apportioning and paying the money in their hands to trustees of school districts, the town superintendents will bear in mind that the "teachers' money" and the library money" are entirely independent of each oth er. The report of the trustees of school districts may entitle them to their "teachers' money" and yet they may not have complied with the conditions upon which they are authorized to receive the "library money. For instance, they may not have expended the latter in the purchase of books; and yet they may have fully complied with the law in regard to their schools. So they may be entitled to "library money," and yet not have had a school kept four months by a qualified teacher. In all such cases the money appropriated to the dif ferent objects, teachers or library, is to be distributed upon the reports relating to those objects only. 3. He will receive from the town collector a sum equal to that received from the county treasurer, for the support of common schools and the purchase of books. The aggregate, composed of these two sums, is to be apportioned by him among the school districts of his town, in proportion to the number of children over five, and under sixteen years of age, as that number appears by the annual report dated the 1st of January preced-trict to its share of teachers' money, it must appear jag. By the third subdivision of original section 5, of Title 2, of Chapter 11, Part 1, Rev. Stat. (§ 6, of the second edition,) No. 403, the electors of each town are authorized, at their annual meeting, to direct a sum to be raised in their town for the support of common schools for the ensuing year, not exceeding that required by law to be raised by the board of supervisors for that purpose. The sum that may be thus voted, may be equal to the whole amount which the supervisors are authorized to assess on the town, including both library money and teachers' money. This construction follows from the language of the fourth section of the act of 1838, respecting the U. S. Deposite Fund, hereto annexed, which directs that the sum of $55,000 shall be annually distributed to the support of common schools;" although it subsequently directs that it shall be applied to the purchase of a library. The teachers' money is to be paid over "on the written order of a majority of the trustees of each district, to the teachers entitled to receive the same." It will therefore be incumbent on the town superintendent to satisfy himself, both of the genuineness of the order, and that the person presenting it has the certificate of the trustees that he is or was a teacher of the district, and duly qualified according to law. In order to entitle a disfrom its annual report, "that a school had been kept therein for at least four months during the year, ending at the date of such report, by a qualified teacher," af ter obtaining a certificate of competency from the proper authority; that all the teachers' money received during the year has been expended in the payment of such teacher; that no other than a duly qualified teacher had at any time during the year for more than one month been employed to teach the school in said district; and such report must, in all other respects, be in accordance with law, and the requisitions and instructions of the superintendent, made in pursuance of law. In other words, it must be in the form prescribed by the superintendent, and must contain all the information required by law and by the department to be given.With the ample opportunities afforded for correction and for the interposition of the department when requisite, prior to the apportionment, it will hereafter be By chapter 257, of the laws of 1829, in those counties expected that the apportionment of teachers' money where the distinction between town and county poor is will be made with reference exclusively to the reports abolished, the inhabitants of towns having any funds in and orders of the department, then before the town su the hands of the overseers of the poor, may appropri- perintendent; and no application subsequently made ate all, or any part of such funds, to such purposes as for the interposition of the department will be regardshall be determined at an annual or special town meet-ed, unless the most satisfactory explanation of the delay ing. If appropriated for the benefit of common schools, is given. it is made a fund for that purpose, and is placed under The library money is to be paid over to, or on the orthe charge of the town superintendent of common schools of the town. The interest is to be applied by him "to the support of common schools." But the town may, at an annual meeting, direct the whole principal, as well as the interest, to be applied for the benefit of the common schools. [See vol. 1, 2d ed. Rev. Statutes, page 351, and Common School Decisions, page 418.] der of, a majority of the trustees, on its appearing from the annual report that "the library money received at the last preceding apportionment was duly expended according to law, (in the purchase of books suitable for a district library, or in the purchase of maps, globes, black boards, or other scientific apparatus for the use of the schools, in the cases and in the mode prescribed by the late law, and which will be hereafter considered) The town superintendent will, therefore, be bound to on or before the first day of October subsequent to such distribute the interest, and the principal when directed apportionment." The report must uniformly be acby the town, equally among the districts. He cannot companied with a catalogue of the library, and must adopt a more just or convenient ratio than that estab-state accurately the number of volumes and their con dition; and when the money has been expended in the purchase of apparatus, &c. the authority under which such expenditure has been made, and a full and particular inventory of the articles purchased, must be specifically reported. By $15 of the act of 1841, (No. 168,) town superintendents are required to apportion and pay to the trustees of colored schools, established in their town, according to the provisions of that section, a portion of the public money, according to the number of colored children between the ages of 5 and 16 years, appearing by the reports of the trustees to have been instructed in such schools for at least four months during the pre ceding year by a licensed teacher, and to deduct the amount so apportioned from the shares of the districts from which such children have respectively attended. III. Duties of town Superintendents in relation to the prosecution and collection of Penalties and Forfeitures. 1. By subdivision 8 of § 20, Rev. Stat. (No. 24,) the town superintendents are to sue for and collect by their name of office, all penalties and forfeitures imposed by the title relating to common schools, where no other provision is made. Under this provision they are to prosecute for the sum of ten dollars, forfeited by each town superintendent neglecting to make an annual report, imposed by § 31 R. S. (No. 39) The forfeiture of an amount equal to that lost by their neglect, imposed by 32 (No. 40,) is to be sued for by the supervi sor. They are also to prosecute for the penalty of one hundred dollars, imposed by § 38, (No. 46,) upon their predecessors for refusing to render an account, or neglecting to pay over a balance on hand; also for the penalty of five dollars prescribed by 58, (No. 69,) upon the refusal or neglect of any inhabitant of a district to serve the notice of the first meeting; the same penalty for altogether refusing to serve in a district office; and the penalty of ten dollars for neglecting to perform the duties of a district office, not having refused to accept the same. This last penalty must be distinguished from that imposed by 6 of the act of May 3, 1839, (No. 166.) That given by No. 100, (§ 72.) is to be recovered for wholly neglecting to perform the duties of a district of fice, which the incumbent has colorably accepted; see! 6 Cowen, 479; while the forfeiture prescribed by No. 166, (6, act of May 3, 1839,) is for the neglect of any spe cific duty, and may be collected for any one wilful omission; and the latter is to be sued for by the supervisor of the town. They are also to prosecute for the penalty of twenty five dollars imposed by § 96 R. S. (No. 145,) upon every trustee who signs a false report, with the intent of obthe town. There is reason for suspecting that this duty taining an unjust proportion of the school moneys of of trustees, especially in reference to the whole number of children between five and sixteen, in a district, is often performed erroneously. Justice to the severi districts requires that the town superintendent should be vigilant in detecting such errors, and in applying the remedy provided by law, in all cases where they arise from design. The sums collected by them in suits for penalties, af ter deducting their costs and expenses, are to be added to the school moneys received by them during the year, and apportioned among the several districts. For the purpose of having authentic evidence of the amount collected and of its application, town superin tendents of common schools are hereby required to state in their annual reports, whether they have or have not since the date of the preceding report, collected any fines, penalties or forfeitures, and if any, they must specify the amount, and the person of whom collected. the offence for which it was imposed, the amount of costs and charges in its collection, and the disposition made of it. IV. Duties of Town Superintendents in the inspection of Schools and licensing of Teachers. The town superintendents are by law inspectors of the common schools of their town, and are entitled to the daily compensation provided by law, for their services as such. The performance of their duties as inspectors, particularly in visiting the schools, is indispensable to the proper and faithful execution of their powers, as they can thus become acquainted with the actual condition of the districts and their schools, and be enabled to determine on the propriety of any alterations necessary to improve them; nor should this duty be relaxed in consequence of the appointment of county superintendents. The local information which their situation enables them to give, and the benefits they will derive from the suggestions of the county superintendents, will much facilitate the labors of each, and render them more useful. The 52d section of the school act, (No. 63,) makes it the duty of each town superintendent to visit all the common schools in his town which shall be organized, at least once in each year, and the penalty of ten dollars i nposed by 6 of the act of 1339, (No. 166,) for the neglect of any duty prescribed by law, undoubtedly attaches for the omission to visit the schools. Each town superintendent should visit every school in his town, at least once during each term, in addition to his visits with the county superintendent. If the opinions of the best and most experienced writers on primary education, are not entirely fallacious; and if all the results of experience hitherto are not deceptive, the consequences of such a vigorous system of inspection, will be most happy. The teachers and pupils will feel that they are not abandoned to neglect; the apprehension of discredit will stimulate them to the greatest effort; while the suggestion of the visiters will tend constantly to the improvement of the schools, and they will themselves be more and more enabled to recommend proper measures from their better acquaintance with the subject. The following is the form of a certificate to be given to a teacher by the town superintendent: I hereby certify that I have examined [here insert the name of the teacher,j and do believe that he [or she, as the case may be,] is well qualified in respect to moral character, learning and ability, to instruct a common school in this town for one year from the date hereof Given under my hand at this day of 18 C. D. Town Superintendent of Commom Schools of the town of A certificate cannot be annulled until days' previous notice in writing has been given to the teacher and to the trustees of the district in which he has been employed, of the intention to annul the same. As the complaint must necessarily be stated, and its truth investigated before any decision, it would be more conve nient to the town sup't, and more fair and just to the teacher, to apprise him of its nature, in the notice of As the power of annulling in all cases, is given to the county superintendent, with the concurrence of any town sup't, probably it will be found most condu cive to the successful operation of the system, for the case admits of the delay. town superintendent to decline acting without his presence and co-operation, whenever the exigency of the intention to annul. nulling a certificate: The following may be the form of the instrument an Having inquired into certain complaints against A. B., heretofore licensed as a teacher of common schools of said town, and being of opinion that he, the said A. B., does not possess the requisite qualifications as a teacher, in respect to moral character, for "in respect to learning," or "in respect to ability in teaching," as previous notice in writing to said teacher, and to the the case may be,] and having given at least ten days' trustees of the district in which he is employed, of my intentions so to do, I have annulled, and hereby do an nul the said certificate and license so granted as aforesaid. Given under my hand this day of C. D. Town Superintendent of Common Schools of the town of 184 In addition thereto, they are hereby required to state in their annual reports: 1. The number of times the school in each district has been inspected by the county and town superintendents, to be taken from the abstract furnished by the trustees: 2. The number of volumes in the library of each district, the school-house of which is in their town, as returned by the trustees: 3. The amount of money expended in each school dis trict for teachers' wages, besides and beyond the public money apportioned to such district; that is, they will condense from the reports of the trustees the amount paid by individuals, on rate-bills or otherwise, and the amount collected from any local funds: 4. The school books in use in their respective towns. This will be compiled from the reports of the trustees, in which the title of each book, and the aggregate number reported in all the districts will be stated: 5. The number of joint districts, the school-houses of which are situated, wholly or in part, in their town: 6. Whether any fines or penalties have been collected by them, and the amount, as herein before required: 7. They are also hereby required to condense from the reports of the several trustees, and to insert in their annual report, in a tabular form as heretofore annexed, the attendance of pupils in the several district schools for the following different terms, viz: Those who attended less than two months; two months and less than four; four months and less than six; six months and less than eight; eight months and less than ten; ten months and less than twelve; twelve months: 9. They are also hereby required to report the num ber of select and private schools in their town, other than incorporated seminaries, and the average number of pupils therein, as stated in the reports of the trus tees of the several districts: 9. They are also hereby required to condense, from the reports of the several trustees, the number of schools for colored children taught in their town, specifying the districts in which such schools have been taught, the number of colored children between the ages of 5 and 16, attending such schools; and the amount of public money apportioned to the respective districts from which such children attended, specifying such districts. The most common mistake committed by these officers is in their report of the moneys received by them or their predecessors, since the date of the last report. They often confound this money with that received by trustees of districts, which is an entirely different item. This last item is received on the first Tuesday of April, and reported by the trustees on the first of January following, and is embodied in the report among the abstracts of the trustees' reports in the columns headed 14 amount of money received in each district." But the money received by the town superintendent is that paid to them by the county treasurer and town collector af ter the first of January, and apportioned by them on or before the first Tuesday in April, and is not contained in the reports of the trustees. In making their annual reports the town superintendents will sec that the several columns of their table are correctly footed, and the figures plainly and distinctly made. cuted for and recovered by his successors, who may also bring a suit for such unpaid balance against such town superintendent or his representative, by 50, (No. 48.) By 90, (No. 135,) If the moneys apportioned to a district 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 officer in whose hands the same shall be, or to pursue such other reme. dy for the recovery thereof as is, or shall be given by law." This provision is not supposed to refer to cases where the money apportioned to a district is retained in the hands of the town superintendents in consequence of the failure on the part of the district to comply with I some provision of law; but to those only of an illegal detention, where the right of the district is undisputed. TRUSTEES OF SCHOOL DISTRICTS. the district entitled to vote, at their first meeting, and These officers are to be chosen by the inhabitants of thereafter at any annual or special meeting legally convened, whenever there is a vacancy, by expiration of their term of office or otherwise. They are to hold their offices "until the annual meeting of such district next following the time of their appointment, and until others shall be elected in their places." $ 70, (No. 98.) In case of the existence of a vacancy, by the death, refusal to serve, removal out of the district, or incapacity of the incumbent, unless such vacancy is sup plied by a district meeting within one month thereaf ter, it is the duty of the town superintendent of com. mon schools to appoint some person to supply such vacancy. The expiration of their term of office, also creates a vacancy; and if, for any reason, the annual meeting passes over, without the election of officers, ample provision is made (see Nos. 79, 80 and 81) for the calling of a special meeting to supply such vacancy; and in the mean time the old officers hold over, until others are elected in their places as in such case of vacancy, the town superintendent has no authority to appoint." By 72, (No. 100,) every person duly chosen or ap pointed to any such office, who without sufficient cause shall 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 the duties of his office, shall forfeit the sum of ten dollars. By § 73, (No 101.) "any person chosen or appointed to any such office, may resign the same in the manner provided in chapter eleventh, title third, 33, of this act." The provision referred to in this section is as follows: "Any three justices of the peace of a town may for sufficient cause shown to them, accept the resignation of any town officer of their town." Py 16 of the act of May 26, 1841, (No. 75,) "no town superintendent of common schools or supervisor of a town, shall be eligible to the office of trustee of a school district; and no person chosen a trustee, can hold the office of district clerk or collector." By 12, act of 1843, the trustees of each of the se veral school districts next hereafter to be chosen, shall be divided by lot into three classes, to be numbered one. two and three; the term of office of the first class shall be one year, of the second, two, and of the third, three; and one trustee only shall thereafter annually be elected, who shall hold his office for three years, and until a successor shall be duly elected or appointed. In case of a vacancy in the office of either of the trus VI. Liabilities of Town Superintendents. tees, during the period for which he or they shall have By 3 of chap. 241, laws of 1837, (No. 37,) town su perintendents neglecting to furnish such information as shall be required of them by the superintendent, severally forfeit to their town the sum of ten dollars, to be sued for by the supervisor. By 31, (No. 39,) the same forfeiture is incurred for a neglect to make their annual report within the time prescribed by law; and the share of school moneys belonging to the town for the ensuing year may be withheld at the discretion of the superintendent, and distributed among the other towns from which the necessary reports were received; and in that event, by the succeeding section, (No. 40,) the officers guilty of such neglect forfeit to their town the full amount, with interest, of the moneys so lost. By 38, (No. 46,) every town superintendent refusing or neglecting to render the account required by 9 335, (No. 43,) or to pay over any balances remaining in his hands, &c., forfeits one hundred dollars, to be prose. been respectively elected, the person or persons chosen or appointed to fill such vacancy shall hold the office only for the unexpired term so becoming vacant." This extension of the official term of rustees to three years, combined with the annual choice of one of their number, is regarded as a very important improvement of the system, securing as it does, uniformity, stability and harmony in the councils of the district, and preventing that ignorance of its previous arrangements and affairs, which has so frequently been found not only to paralyze the exertions of new trustees, but to involve them in pecuniary embarrassment and subject them to personal liability. On the accession of a new trustee, under the present arrangement, he will find two experienced colleagues already in office, conver sant with all the affairs of the district, and able and willing to aid and co operate with him in the discharge of his duties. All the deliberations and actions of the board under this arrangement, will partake of a greater uniformity, and become more systematic. Teachers will be likely to be retained for a longer period; contracts will be likely to be more promptly fulfilled, and taxes and rate bills to be more accurately made out and more speedily collected; and order and harmony will gradually succeed to the chaotic confusion and ir-ready supplied with the requisite number of books, and regularity which now too generally characterize the records, the councils and the proceedings of trustees ignorant and careless of their duty, and anxious only to transfer the inextricable embarrassments of their district, unexplained and inexplicable, to their succes sors. One important operation of the provision in question, will be to prevent the district from changing the time of its annual meeting, thereby avoiding those frequent misunderstandings as to the period when officers of the district are to be chosen, from which so many profitless and vexatious controversies have arisen. At this meeting a faithful and strict account of all the affairs of the district, and particularly of its pecuniary engagements and liabilities, should be required of the out-going trustees and other officers. Immediately, or as soon as may be practicable after their election, the new trustees should meet together, and make all necessary and suitable arrangements for the future and permanent administration of the district; the employment and compensation of teachers, both for the summer and winter school; the necessary repairs of the school-house, for which the district should be requested to provide the requisite funds; the application of the teacher's money to the respective terms; the suitable expenditure of the library money; the condition of the library and other property of the district; the provision of fuel for the winter, and all such other matters as may be found expedient and advisable. They should also see that the district is regularly furnished with the District School Journal, and that it has all the necessary laws, decisions, forms, blanks, account books, &c. &c. to enable them intelligently and systematically to discharge all their duties. The trustees of each school district are constituted by law, the trustees of the library. They are responsible for its preservation and care; and the librarian is subject to their direction, and may at any time be removed by them from office for wilful disobedience of such directions, or for any wilful neglect of duty, or even when they have reason to apprehend the loss of any books, or their injury or destruction by his misconduct. In case of such removal, or of a vacancy from any cause, they are to supply such vacancy by appointment, until the next annual meeting of the district. They are personally liable to their successors for any neglect or omission in relation to the care and superintendence of the library, by which any books therein are lost or injured, to the full amount of such loss or injury, and their action in reference to its management, may be at any time controlled by this department on appeal. Their duties, with reference to the district library, are specifically pointed out in the regulations of the department, made in pursuance of law, and still in force; and they should endeavor strictly and punctually to conform to the spirit of these regulations. any event, the money must be expended for the one or the other of these purposes, on or before the first day of October in each year. It is respectfully recommended to the inhabitants of those districts which are alof others, whenever they shall reach the specified number, to avail themselves of the power thus conferred upon them, to supply their school with those useful articles of scientific apparatus which so materially conduce to the improvement of the pupils. Independently of this appropriation, no district should dispense with a black-board; and if suitable maps, globes and a few of the more simple means of illustrating the elementary truths of science, can be superadded, the library money for two or three years cannot perhaps be more advantageously appropriated. In the mean time, the books on hand can be generally read; and such additions to the library as the growing wants and increased intelligence of the district may require, can then be from time to time procured. The convenience and accommodation of many, if not of most of the inhabitants of the several districts, would be essentially promoted by placing the charge of the library, temporarily, with the teacher, during the term of his or her employment, and depositing it in some convenient and safe place in the school-house. This arrangement can only be carried into effect, by the concurrence of the trustees and librarian, and under their supervision. Generally, the teacher not being an inhabitant of the district, cannot be chosen librarian. But where the trustees and librarian have sufficient confidence in the teacher and in the safety of the books, when left at the school-house, they will find this arrangement in many respects conducive to the convenience of the district. Trustees will bear in mind that their annual reports are hereafter to be made and transmitted to the town superintendent, between the first and fifteenth days of January: and that in addition to the matters now required by law to entitle them to their distributive share of teachers' money, they are to report that no school has been taught for more than one month in their district during the past year by any other than a duly qualified teacher. This portion of the report can easíly be interlined in the appropriate place in the printed form. This reservation of one month is merely nominal, as it is scarcely to be supposed that a teacher not duly qualified, will be employed in any district for that length of time. It was designed to meet those cases where, notwithstanding the utmost diligence on the part of trustees, an examination of the teacher employed by them, cannot be immediately procured; or where for any reason, it has been found necessary or expedient for the teacher to commence and continue his term for a few weeks without obtaining such certificate. The term of four months must, however, be completed after obtaining such certificate, in order to entitle the district to its share of teachers' money. It is of great importance to the department, with a view to the statistical information to be laid before the legislature and the people, to be accurately apprised of the comparative attendance upon the schools, on the The application of the library money to the purchase part of the children residing in the district. For this of suitable books, has been directed by the legislature purpose, earnest efforts have hitherto been made to proto be continued subject to this single modification, viz: cure from the trustees of the several districts, a statethat "whenever the number of volumes in the districtment of the length of time each pupil has attended, and library of any district numbering over fifty children be- the number who have attended for one, two, &c., up to tween the ages of five and sixteen years, shall exceed ten and twelve months. But notwithstanding every one hundred and twenty-five; or of any district num- practicable facility to communicate this very desirable bering fifty children or less, between the said ages shall information on the part of teachers and trustees, the exceed one hundred volumes, the inhabitants of the dis- department has, as yet, found it impossible to procure trict qualified to vote therein, may, at a special meet-it with any approximation to accuracy. Unwilling to ing, duly notified for that purpose, by a majority of resort to the harsh measure of depriving the districts of votes, appropriate the whole or any part of the library their proportion of public money in consequence of this money belonging to the district for the current year, to deficiency in their annual reports, the superintendent the purchase of maps, globes, black-boards, or other has hitherto listened to every excuse, for the omission scientific apparatus, for the use of the school." to comply with this requisition, in the reports made The object of this enactment is two-fold. It is de- the present year. Hereafter it is hoped no cause of signed in the first instance to secure to every district, complaint will be permitted to exist in this respect: as at least one hundred volumes of suitable books for a the share of public teachers' money will rigidly be district library; and to districts numbering over fifty withheld where the report is not in all respects in acchildren, one hundred and twenty-five; and in the se- cordance with law, and the requisitions of the departcond, to authorize the inhabitants of any district soment in pursuance of law, unless in cases where the supplied, when duly convened for that special purpose, most satisfactory excuse for the omission can be rento appropriate so much of the library fund for the cur- dered. The teacher should, in all cases, be required rent year, as they may think proper, to the purchase of by the trustees to keep the necessary register and furmaps, globes, black-boards or scientific apparatus, for nish it, together with his list at the end of each term. the use of the school. In the absence of any such appropriation, or whenever any balance remains unappro-ed that "whenever the trustees of any school district priated, the library money or such unappropriated balance, must be applied to the purchase of books; and in By the thirteenth section of the new act, it is providshall discover any error in a tax list or rate bill made out by them prior to the expenditure of the amount |