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to the taxable property of the inhabitants remaining in In the above form, it will be seen that the new boundthe old, and those attached to the new district. The aries of the districts, caused by the alteration, are valuations of such property must be taken, as far as given This is deemed very necessary in order to prepossible, from the last assessment roll of the town. vent all mistake or ambiguity, and to preserve a con The amount to which the new district is entitled, viz.tinual record of the actual bounds of the districts. If the proportion of the inhabitants attached to it, hav. any of the persons set off consent to the alteration, it ing thus been ascertained, the town superintendent is to should be stated, so that the trustees may know whemake out an order to the trustees of the districts re: ther he is taxable for building a school-house. taining or having the legal title to the school-house and The consent of trustees to the alteration, and in case other property, which may be in the following form:- of their not consenting, the notices to them, will be as

before given under the 2nd and 3d heads. To the Trustees of District No. in the town of

The Town Superintendent of Cominon Schools of 9. Proceedings in the formation or alteration of a Joint said town, having formed a new district, numbered as

District from two or more towns. District No. 23, to which certain persons belonging to A meeting of the town superintendents, &c., of the your district have been attached, and having valued different towns must be called, by a notice given to each ihe school-house and other property belonging to your a reasonable time before the day appointed From the district at 150 dollars, I do determine that the amount language of section 65, (No. 84,) it may be inferred that justly due to such new district is filty dollars appor- the notice should be given by the town superintendent tioned to the several persons set off, as follows: To A. of one town. Al all events, that will be the safest B. 20 dollars, C. D. 15 dollars, E. F. 10 dollars, G. H. 5 course. If the town superintendent of one town, notidollars.

fied to attend a joint meeting, for the purpose of alter. You are therefore, according to the statute relatinging such district, shall refuse or neglect to attend, the to common schools, to levy and collect the sum of fifty town superintendent attending may call a special meetdollars, from the taxable inhabitants remaining in Dis-ing of the inhabitants of the district, who may dissolve trict No. after the alteration alluded to, and pay the such district. This is a special case, and a special prosame to the Trustees of said new District No. 93 vision is made for it. Given under our hands at this day of

The proceedings in the formation of a joint district A. B. Town Superintendent. will be in all respects similar to those previously given

in relation to ordinary cases, with the following addiThe money thus received by the new district is not to

tions: be paid to the individuals whose portions have been as- As there is no clerk assigned by law to the joint meetceriained, but is to be applied by the trustees receiving

ing, the officers present should sign the proceedings. it, towards procuring a school-house, and is to be al

The caption should give the names of the towns to lowed to the credit of such individuals, in reduction of which the town superintendents belong; and the resoluany tax for erecting a school-house. 669, (No. 91.). !tions should be recorded in each of those towns. the amount of the tax upon any one of those indivi. duals for crecting a school-house is not equal to his

[The Instructions, &c. will be continued in the next

No. of the Journal.] 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 dis.

TO COUNTY SUPERINTENDENTS. cretion on the subject, it must be so applied: and if for any reason no tax shall be levicd 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

didates have taught school, must in all cases be specified. That purpose, in the same manner as before mentioned. No certificate will hereafter be granted to any person

It shouid be borne in mind, that this appraisal and dis- who has taught for a less period than three years. tribution of the value of the property on hand, is to be made only when a new district is formed; and that the

SAMUEL YOUNG, statute does not apply to the case of the mere altera

Superintendent of Cominon Schools. tion of a district, by the annexation of one or more inhabitants from another district.

HINTS ON CONVERSATION. Where money is on hand, the town superintendent will, upon proper application, cause an equitable ap. portionment of it to be made between the new and old 'Whether it be in teaching, or exhorting; in districts.

defence of our own principles, or in the attack 6. By $ 1 of the act of May 26, 1941, (No. 96,) a simi, of the principles of others; let the pure love of 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 appraisa1 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 accu

sation for conviction. Did men consult the so. 7. Form of a resolution for the alleration of a District.

ber dictates of common sense, they would conAt a meeting of, &c.,

ceive every departure from benevolence, not Resolved, That Districts number 1 and number 2, in the said town, be altered as follows, viz: by setting otr only as a deviation from the duty which 'man the farms and parcels of land occupied by John Brown, owes to his; but also as an injury Thomas Jones and Willian Richards, from District num. to the cause hat was meant to be promoted. ber one, in which they have heretofore been included to in effect; all insult to the feelings, should rather number one sball hereafter be the casterly line of the be a presumption in favor of the cause which it farms und parcels of lands occupied by A. B. C. D. &c. | attacks ; than an argument for that which it and the westerly boundary of district number two shall improperly defends. Insult is the instrument be the westerly lines of the farins and parcels of land with which bad causes attack good ones ; with oycupied by the said John Brown, Thomas Jones and William Richards; the said John Broun having consent- / which error assaults truth, and impiety, virtue. ed to be set off as aforesaid. The written consent of the If it be in the power of reason to convince, why Trustees of the said Distric:s number one and two, hav, have recourse to passion? If facts, monuments with the Town Clerk; (or, The consent of the Trustees and authority can establish evidence, why labor of the said districts respectively, (or of District No. 1

to produce it from violence and misrepresentaor ?, as the case may be) not having been given to the tation? Passion is not reason ; nor is misrepresaid alteration, it is ordered, that a notice in writing of sentation, reasoning."-Fletcher. 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.



Vol. IV.

ALBANY, DEC., 1843.

No. 9.

INSTRUCTIONS, &c.—(ContinuED.) lished by the existing law, in relation to the public mo.

ney-the number of children above five, and under six.

teen years of age. II. Duties of Town Superintendents in No part of the interest or principal of this town sund receiving and dividing ihe Public School can be distributed, as library money;" the whole

and paid over money Money.

There are laws of a similar character respecting the

gospel and school lots, which are so local and peculiar 1. The town superintendent should apply to the coun. as not to justify any particular observations concerning ty treasurer lor the school money of his town in sufti- them. in a general circular; except that it seems to the cient time to enable him to make ihe apportionment on superintendent none of these funds can be applied to the day prescribed by law. He should be carelul to re: the purchase of books. ceive the whole amount apportioned to, and collected

In apportioning and paying the money in their hands for, his town, without any deduction for commissious, to trustees of school districts, ihe town superintendents fees, or any other charges of the treasurer or collector, will bear in mind that the " teachers' money and the or any other officer; and should see that the bills paid " library money' are entirely independent of each oth. are current and good, as he will be responsible for the er. The report of the trustees of school districts may same amount for which he gave his receipt.

entitle them to their teachers' money" and yet they 2. A practice is said to prevail of making two divis. may not have complied with the conditions upon which ions of the public money among the districts in the they are authorized to receive the “library money." course of the year. This is contrary to the express pro. For instance, they may not have expended the latter in vision of the statute, and is exceedingly reprehensible. the purchase of books; and yet they may have fully The 6th subdivision of section 20 (No. 24) makes it the complied with the law in regard to their schools. So duty of the town superintendent to apportion the school they may be entitled to "library money," and yel not monevs received by him, on the first Tuesday, of April have had a school kept four months by a qualified teach. in each year; and by the 7th subdivision of ibe samel er In all such cases the money appropriated to the dif. section, if he have received reports from all the districts ferent objects, teachers or library, is to be distributed before that day, he is to divide the money within ten upon the reports relating to those objects only. days after receiving all the reports and the money. The teachers' money is to be paid over “on the writ. 3. He will receive from the town collector a sumien order of a majority of the trustees of each district, equal to that received from the county treasurer, for the to the teachers entitled to receive the same." It will support of common schools and the purchase of books. therefore be incumbent on the town superintendent to The aggregate, composed of these iwo sums, is to be satisfy himself, both of the genuineness of the order, and apportioned by him

among the school districts of his that the person presenting it has the certificate of the lown, in proportion to the number of children over five, trustees that he is or was a teacher of the district, and and under sixteen years of age, as that number appears duly qualified according to law. In order to entitle a disby the annual report dated the 1st of January precedo trict to its share of teachers' money, it must appear ing

from its annual report, “that a school had been kept By the third subdivision of origina) section 5, of Title therein for at least four months during the year, ending 2, of Chapter 11, Part I, Rev. Stat. (8 6, of the second at the date of such report, by a qualified teacher," af. edition) No. 403, the electors of each town are autho. ter obtaining a certificate of competency from the prorized, at their annual meeting, to direct a sum to be per authority; that all the teachers' money received raised in their town for the support of common schools during the year has been expended in the payment of for the ensuing year, not exceeding that required by law such teacher; that no other than a duly qualified teach. to be raised by the board of supervisors for that pur. er bad at any time during the year for inore than one pose. The sum that may be thus voted, may be equal month been employed to icach the school in said disto the whole amount which the supervisors are authotrict; and such report must, in all other respects, be in rized to assess on the town, including both library mo- accordance with law, and the requisitions and instruc. ney and teachers' money. This construction follows tions of the superintendent, made in pursuance of law. from the language of the fourth section of the act of In other words, it must be in the form prescribed by the 1835, respecting the U. S. Deposite Fund, hereto annex. superintendent, and must contain all the information ed, which directs that the sum of $55,000 shall be annu: required by law and by the department to be given. ally distributed "to the support of common schools ;” with the ample opportunities afforded for correction although it subsequently directs that it shall be applied and for the interposition of the department when re. to the purchase of a library.

qnisite, 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 b: made with reference exclusively to the reports abolished, the inhabitants of towns having any funds in and orders of ile 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 sunds, to such purposes as for the interposition of the department will be regard. shall be determined at an annual or special town meet.led, 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 or. the charge of the town superintendent of common der of, a majority of the trustees, on its appearing from schools of the town. The interest is to be applied by the annual report that "the library money received at him "to the support of common schools.” But the the last preceding apportionment was duly expended ac. lown may, at an annual meeting, direct the whole cording io law, (in the purchase of books suitable for a principal, as well as the interest, to be a pplied for the district library, or in ihe purchase of maps, globes, benefit of the common schools. (See vol. 1, 2d ed. Rev. black boards, or other scientific apparatus for the use Statutes, page 351, and Common School Decisions, page of the schools, in the cases and in the mode prescribed 418.)

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 estabe state accurately the number of volumes and their con.


dition; and when the money has been expended in the condition of the districts and their schools, and be engpurchase of apparatus, &c. the authority under which bled to determine on the propriety of any alterations such expenditure has been made, and a full aud parti. l necessary to improve them; nor should this duty be recular inventory of the articles purchased, must be spe- || laxed in consequence of the appointment of county secifically reported.

perintendents. The local information which their situBy ( 15 of the act of 1811, (No. 169,) town superination enables them to give, and the benefits they will tendents are required to apportion and pay to the trus. | derive from the suggestions of the county superintendtees of colored schools, established in iheir town, ac- ents, will much facilitate the labors of each, and rencording to the provisions of that section, a portion of der them more useful. the public money, according to the number of colored The 52d section of the school act, (No. 63,) makes it children between the ages of 5 and 16 years, appearing the duty of each town superintendent to visit all the by the reports of the trustees to have been instructed common schools in his town which shall be organized, in such schools for at least four months during the pre at least once in each year, and the penally of ten dol. ceding year by a licensed teacher, and to deduct the lars i ! posed by 0 6 of the act of 1339, (No. 166,) for the amount so apportioned from the shares of the districts neglect of any duly prescribed by law, undoubtedly alfrom wbich such children have respectively attended. laches for the omission to visit the schools. Each town

superintendent should visit every school in his town, III. Duties of town Superintendents in re

at least once during each term, in addition to bis visits

with the county superintendent. lation to the prosecution and collection If the opinions of the best and most experienced wri. of Penalties and Forfeitures.

ters on primary education, are not entirely fallacious;

and if all the results of experience hitherto are not de. 1. By subdivision s of 20, Rev. Stat. (No. 24,) the ceptive, the consequences of such a vigorous system of town superintendents are to sue for anu collect by their || inspection, will be most happy. The teachers and pupils name of office, all penalties and forleitures imposed by I will feel that they are not abandoned to neglect ; the the title relating to common schools, where no other apprehension of discredit will stimulate them to the provision is made. Under this provision they are to greatest effort; while the suggestion of the visiters will prosecute for the sum of ten dollars, forfeited by each tend constantly to the improvement of the schools, and iown superintendent neglecting to make an annual they will themselves be more and more enabled to rereport, imposed by 31 R. S. (No. 39.) The forfeiture commend proper p easures from their better acquainof an amount equal to that lost by their neglect, im- tance with the subject. posed by Ø 32 (No. 40,) is to be sued for by the supervi. The following is ihe form of a certificate to be given sor. They are also to prosecute for the penalty of one to a teacher by the town superintendent: hundred dollars, imposed by 0 39, (No. 46,) upon their I hereby certify that I have examined (here insert the predecessors for refusing to render an account, or ne name of ihe teacher,j and do believe that he (or she, as glecting to pay over a balance on band; also for the pe: the case may be,) is well

qualified in respect to moral nalty of five dollars prescribed by 9 68, (No. 69,) upon character, learning and ability, to instruct a common the refusal or negleci of any inhabitant of a districi to school in this town for one year from the date hereof serve the notice of the first meeting; the same penalty Given under my hand at this

day of for altogether refusing to serve in a district office; and

C. D. Town Superintendent of Commom Schools of the penalty of ten dollars for neglecting to perform the

the town of duties of a district office, not having refused to accept

A certificate cannot be annulled until days' prethe same. This last penalty must be distinguished from that imposed by 9 6 of the act of May 3, 1839, (No. 166.) || and to the trustees of the district in which he has been

vious notice in writing has been given to the teacher That given by No. 100, (972,) is to be recovered for wholly neglecting to perform the duties of a district of employed, of the intention to annul the same. As the fice, which the incumbent has colorably accepted; see complaint must necessarily be stated, and its truth in6 Cowen, 479; while the forfeiture prescribed by No: 166, vestigated before any decision, it would be more conve. $ 6, act of May 3, 1839,) is for the neglect of any spe: || teacher, to apprise him of its nature, in the notice of

nient to the town sup't, and more fair and just to the cific duty, and may be collected for any one willui omission; and the latter is to be sued for by the super

intention to annul.

As the power of annulling in all cases, is given to the visor of the town. They are also to prosecute for the penalty of twenty- towo 'sup't, probably it will be found most condu.

county superintendent, with the concurrence of any five dollars imposed by 996 R. S. (No. 145,) upon every trustee who signs a false report, with the intent of ob.

cive to the successful operation of the system, for the taining an unjust proportion of the school moneys of town superintendent to decline acting without his prethe town. There is reason for suspecting that this duty

sence and co-operation, whenever the exigency of the

case admits of ihe delay. of trustees, especially in reference to the whole num. ber of children between five and sixteen, in a district, || nulling a certificate:

The following may be the form of the instrument anis often performed erroneously. Justice to the sever vi districts requires that the town superintendent should Having inquired into certain complaints against A. be vigilant in detecting such errors, and in applying the B., heretofore licensed as a teacher of common schools remedy provided by law, in all cases where they arise of said town, and being of opinion that he, the said A. from design.

B., does not possess the requisite qualifications as a The sums collected by them in suits for penalties, af. || teacher, in respect to moral character, [or "in respect ter deducting their costs and expenses, are to be added to learning," or "in respect to ability in teaching, as to the school moneys received by them during the year, previous notice in writing to said teacher, and to the

the case may be,) and having given at least ten days' and apportioned among the several districts.

For the purpose of having authentic evidence of the trustees of the district in which he is employed, of my amount collected and of its application, town superin. || intentions so to do, I have annulled, and hereby do an. tendents of common schools are hereby required to nul the said certificate and license so granted as afore. state in their annual reports, whether they have or have said. not since the date of the preceding report, collected any

Given under my hand this

day of fines, penalties or forfeitures, and if any, they must spé- C. D. Town Superintendent of Common Schools of cify ihe amount, and the person of whom collected. The

the lown of offence for which it was imposed, the amount of costs As a note in writing, containing the name of the teach. and charges in its collection, and the disposition made er, and the time when his certificate was annulled, of it.

must be filed in the town clerk's office, to give it effect,

the most convenient and effectual mode of complying IV. Duties of Town Superintendents in white or ble visurilmbe to make out, sign and file a dupli

the inspection of Schools and licensing|v. Duties of Town Superintendents in of Teachers. The town superintendents are by law inspectors of the

respect to their Annual Reports. common schools of their town, and are entitled to the Between the first day of July and the first day of Audaily compensation provided by lav for their services gust in each year, the town superintendents are to make as such. The performance of their duties as inspec. || an annual report to the county clerk. In some instantors, particularly in visiting the schools, is indispensa- || ces these reports have been erroneously transmitted to ble to the proper and faithful execution of their powers, the superintendent, who cannot receive them. The con: as they can thus become acquainted with the actual tents of this report are specified in \ 29, (No. 35;) and


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in addition thereto, they are hereby required to state ini cuted for and recovered by his successors, who may their annual reports :

also bring a suit for such unpaid balance against 1. The number of times the school in each district such town superintendent or his representative, by 0 has been inspected by the county and town superinten. 50, (No. 48.). dents, to be taken from the abstract furnished by the By $ 90, (No. 135,) "If the moneys apportioned to trustees :

district shall not have been paid, it shall be the duty of 2. The number of volumes in the library of each dis- the trustees thereof to bring a suit for the recovery of trict, the school-house of which is in their lown, as re. the same, with interest, against the officer in whose torned by the trustees :

hands the same shall be, or to pursue such other reme. 3. The amount of money expended in each school dis.dy for the recovery ihereof as is, or shall be given by trict for teachers' wages, besides and beyond the pub law." lic money apportioned to such district ; that is, they This provision is not supposed to refer to cases where will condense from the reports of the trustees the the money apportioned to a district is retained in the amount paid by individuals, on rate.bills or otherwise, i hands of the town superintendents in consequence of and the amount collected from any local funds :

the failure on the part of the district to comply with 4. The school books in use in their respective towns. some provision of law; but to those only of an illegal This will be compiled from the reports of the isustees, wetention, where the right of the district is undisputed. in which the title of each book, and the aggregate num. ber reported in all the districts will be stated : 5. The number of joint districts, the school-houses of

TRUSTEES OF SCHOOL DISTRICTS. which are situated, ivholly or in part, in their town : 6. Whether any fines or penalties have been collected the district entitled to vote, at their first meeting, and

These officers are to be chosen by the inhabitants of by ibem, and the amount, as herein before required :

thereafier at any annual or special meeting legally con. 7. They are also hereby required to condense from the reports of the several trustees, and to insert in their vened, whenever there is a vacancy, by expiration of annual report, in a jabular form as heretofore annexed, their terin of office or otherwise. They are to hold the attendance of pupils in the several district schools their offices, until the annual meeting of such disfor the following different terms, viz :

trict next following the time of their appointment, and

until others shall be elected in their piaces."' \ 70,(No. Those who attended less than two months ; two months and less than four; refusal 10 :erve, removal out of the district, or inca

99.) In case of the existence of a vacaney, by the death, four months and less than six;

pacity of the incumbent, unless such vacancy is sup. six months and less than eight;

plied by a district meeting within one month thereai. eight months and less than ted;

ier, it is the duty of the town superintendent of com. ten months and less than twelve; mon schools to appoint some person to supply such ya. twelve months :

cancy. . The expiration of their term of othce, also cre. 9. They are also hereby required to report the num- ales å vacancy; and if, for any reason, the annual meet. ber of select and private schools in their town, other ing passes over, without the election of officers, ample than incorporated seminaries, and the average number provision is made (see Nos. 79, 80 and 81) for the call. of pupils therein, as stated in the reports of the trus- ing of a special meeting to supply such vacancy; and in lees of the several districts :

the mean time the old officers hold over, until others 9. They are also herehy required to condense, from are elected in their places as in such case of vacancy, the reports of the several irustees, the number of the town superintendent has no authority to appoint. schools for colored children taught in their town, ape. By $ 72, (No. 100,) "' every person duly chosen or apcifying the districts in which such schools have been pointed to any such office, who without sufficient cause taughi, the number of colored children between the shall refuse to serve therein, shall forfeit the sum of ages of 5 and 16, attending such schools; and the five dollars; and every person so chosen or appointed, amount of public money apportioned to the respective and not having refused to accept, who shall neglect to districts froin which such children attended, specifying perform ihe duties of his office, shall forleit the sum of such districts.

ten dollars. The most common mistake committed by these offi. By 9 73, (No 101.) “any person chosen or appointed cers is in their report of the moneys received by them to any such office, may resign the same in the manner or their predecessors, since the date of the last report. provided in chapter eleventh, title third, ý 33, of this They often confound this money with that received by act." The provision referred to in this section is as trustees of districts, which is an entirely different item. I follows: "Any thrce justices of the peace of a town This last item is received on the first Tuesday of April, may for sufficient cause shown to them, accept the re. and reported by the trustees on the first of January fol- signation of any town officer of their lovin." lowing, and is' embodied in the report among the ab. Pay 0 16 of the act of May 26, 1841, (.Vo. 76,)“ no town stracts of the trustees' reports in the columns headed superintendent of common schools or supervisor of a amount of money received in each district." But the li town, shall be eligible to the office of trustee of a money received by the town superintendent is that paid school district; and no person chosen a trustee, can to them by the county treasurer and town collector af. hold the office of district clerk or collector." ter the first of January, and apportioned by them op or By $ 12, act of 1843, “the trustees of each of the se. before the first Tuesday in April, and is not contained veral school districts next hereafter to be chosen, shall in the reports of the trustees.

be divided by lot into three classes, to be numbered In making their agual reports the town superintend-one, two and three; he term of office or the first class ents will sec that the several columns of their table shall be one year, of the second, 110, and of the third, are correctly footed, and the figures plainly and distinct. three; and one trustee only shallthcieaner annually be ly made.

elecred, who shall hold his office for three years, and until a successor shall be duly elecred or appointed.

In case of a vacancy in tbe office of either of the trus VI. Liabilities of Town Superintendents. tees, during the period for which he or they shall have

been respectively elected, the person or persons chosen By 3 of chap. 241, laws of 1837, (No. 37,) town sy. or appointed to fill suich'vacancy shall hold the office perintendents neglecting to furnish such information only for the unexpired term so becoming vacant. as shall be required of them by the superintendent, This extension of the official term of irustees to three severally forfeit to their town the sum of ten dollars, years, combined with the annual choice of one of their to be sued for by the supervisor.

number, is regarded as a very important improvement By 931, (No. 39,) the same forfeiture is incurred for of the system, securing as it does, unitormily, stability a neglect to make their annual report within the time and harmony in ihe councils of the district, and rre prescribed by law; and the share of school moneys be- venting that ignorance of its previous arrangemenis longing to the town for the ensuing year may be with and affairs, which has so frequently been found not only held at the discretion of the superintendent, and distri- to paralyze the exertions of new tristees, but to in. buted among the other towns from which the necessa- volve them in pecuniary embarrassment and subject ry reports were received; and in that event, by the suc. them to personal liabiliiy. On the accession of a new ceeding section, (No. 40,) the officers guilty of such ne. trustee, under the present arrangement, he will find glect forfeit to their town the full amount, with inte two experienced colleagues already in office, conver: rest, of the moncys so lost.

sant with all the affairs of the disirict, and able and By $ 39, (No. 46,) every town superintendent refusing willing to aid and co operate with him in the discharge or neglecting to render the account required by $ 35, of his duties. All the deliberations and actions of the (No. 43,) or to pay over any balances remaining in his ' board under this arrangement, will parlake of a greater hands, &c., forfeiis one hundred dollars, to be prose, uniformity, and become more systematic. Teachers

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will be likely to be retained for a longer period; con- any event, the money must be expended for the one or tracts will be likely to be more promptly fulfilled, the other of these purposes, on or before the first day and taxes and rate bills to be more accurately made out of October in each year. It is respectfully recommendand more speedily collected; and order and harmony ||ed to the inhabitants of those districts which are al. 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 of others, whenever they shall reach the specified numrecords, the councils and the proceedings of trustees | ber, to avail themselves of the power thus conferred ignorant and careless of their duty, and anxious only upon them, to supply their school with those useful ar. to transfer the inextricable embarrassments of their ticles of scientific apparatus which so materially condistrict, unexplained and inexplicable, to their succes. || duce to the improvement of the pupils. Independently

of this appropriation, no district should dispense with One important operation of the provision in question, a black-board; and is suitable maps, globes and a few will be to prevent the district from changing ihe time of the more simple means of illustrating the elementaof its annual meeting, thereby avoiding those frequentry truths of science, can be superadded, the library momisunderstandings as to the period when officers of the ney for two or three years cannot perhaps be more addistrict are to be chosen, from which so many profitless vantageously appropriated. In the mean time, the and vexatious controversies have arisen.

books on hand can be generally read; and such addi. At this meeting a faithful and strict account of all the tions to the library as the growing wants and increased affairs of the district, and particularly of its pecuniary intelligence of the district may require, can then be engagements and liabilities, should be required of the from time to time procured. out-going trustees and other officers. Immediately, or The convenience and accommodation of many, if not as soon as may be practicable after their election, the of most of the inhabilants of the several districts,

trustees should meet together, and make all ne. would be essentially promoted by placing the charge of cessary and suitable arrangements for the future and

the library, temporarily, with the teacher, during the permanent administration of the district; the employ-term of his or her employment, and depositing it in ment and compensation of teachers, both for the sum- some convenient and safe place in the school-house. mer and winter school; the necessary repairs of the This arrangement can only be carried into effect, by school-house, for which the district should be request the concurrence of the trustees and librarian, and under ed to provide the requisite funds; the application of the their supervision. Generally, the teacher not being an teacher's money to the respective terms; the suitable inhabitant of the district, cannot be chosen librarian. expenditure of the library money; the condition of the But where the trustees and librarian have sufficient library and other property of the district; the provision confidence in the teacher and in the safety of the books, of fuel for the winter, and all such other matters as when left at the school-house, they will find this ar may be found expedient and advisable. They should rangement in many respects conducive to the conveni. alsó see that the district is regularly furnished with ence of the district. the District School Journal, and that it has all the ne- Trustees will bear in mind that their annual reports cessary laws, decisions, forms, blanks, account books, | are hereafter to be made and transmitted to the town &c. &c. to enable them intelligently and systematically superintendent, between the first and fifteenth days of to discharge all their duties.

January: and that in addition to the matters now reThe trustees of each school district are constitutedquired by law to entitle them to their distributive share by law, the trustees of the library. They are responsi. I of teachers' money, they are to report that no school ble for its preservation and care; and the librarian is has been taught for more than one month in their dissubject to their direction, and may at any time be retrict during the past year by any other than a duly moved by them from office for wilsul disobedience of qualified teacher. This portion of the report can easí: such directions, or for any wilful neglect of duty, or ly be interlined in the appropriate place in the printed even when they have reason to apprehend the loss of form. This reservation of one month is merely nomi. any books, or their injury or destruction by his mis- | nal, as it is scarcely to be supposed that a teacher not conduct. In case of such removal, or of a vacancy | duly qualified, will be employed in any district for that from any cause, they are to supply such vacancy by ap. length of time. It was designed to meet those cases pointment, until the next annual meeting of the dis- where, notwithstanding the utmost diligence on the trict. They are personally liable to their successors| part of trustees, an examination of the teacher emfor any neglect or omission in relation to the care and ployed by them, cannot be immediately procured; or superintendence of the library, by which any books where for any reason, it has been found necessary or therein are lost or injured, to the full amount of such expedient for the teacher to commence and continue his loss or injury, and their action in reference to its term for a few weeks without obtaining such certifimanagement, may be at any time controlled by this de- || cate. The term of four months must, however, be compartment on appeal. Their duties, with reference to pleted after obtaining such certificate, in order to enti. ihe district library, are specifically pointed out in the ile the district to its share of teachers' money. regulations of the department, made in pursuance of It is of great importance to the department, with a law, and still in force; and they should endeavor strict-1 view to the statistical information to be laid before the ly and punctually lo conform to the spirit of these re- legislature and the people, to be accurately apprised of gulations.

the comparative atiendance 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 district ment 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 volume 3, ihe 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 respecis in ac. children, one hundred and twenty-five; and in the se. cordance with law, and the requisitions of the depart. cond, to authorize the inhabitants of any district so ment 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, !o the purchase of by the trustees to keep the necessary register and fur. maps, globes, black-boards or scientific apparatus, fornish it, together with his list at the end of each term. the use of the school. In the absence of any such ap. By the thirteenth section of the new act, it is provid. propriation, or whenever any balance remains unappro-ed that " whenever the trustees of any school district priated, the library money or such unappropriated ba shall discover any error in a tax list or rate bill made lance, must be applied to the purchase of books; and in out by them prior to the expenditure of the amount

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