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Form of a bond to be given by a district Col lector.

trict number

INSTRUCTIONS TO TEACHERS.

By 11, of the act of 1841, (No. 122,) the trustees of Know all men by these presents, that we, A. B. and each district are to provide a book, in which the teachC. D. (the collector and his surety,) are held and firm-ers are to enter the names of the scholars attending ly bound to E. F. and G. H. &c. trustees of school dis- school, and the number of days they shall have respecin the town of in the sum of tively attended, and also the number of times the school (here insert a sum double the amount to be collected,) has been inspected by the county and town superintento be paid to the said E. F., G. H. &c. trustees as afore- dent. This list is to be verified by the oath of the said, or to the survivor or survivors of them, or their teacher. successors: to the which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this day of

&c.

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Whereas the above bounden A. B. has been chosen (or appointed, as the case may be,) collector of the above mentioned school district number in the town of in conformity to the statutes relating to common schools; now, therefore, the condition of this obligation is such that if he the said A. B. shall well and truly collect and pay over the moneys assessed upon the taxable inhabitants of said district, in a rate bill or tax list [as the case may be,] dated the day of and this day received by the said collector, which assessment amounts to a total sum of dollars and cents, and shall in all respects duly and faithfully execute the said warrant, and all the duties of his office as collector of such district, then this obligation shall be void, otherwise to be in full force and virtue. A. B. [L. C. D. [L. S.]

Signed, sealed and delivered, }

in the presence of

3. Applications to the Superintendent for school

The strict and faithful performance of this duty is highly important, not only to the district but to the teacher. It is the basis upon which the rate bills are to be made out, and by which the sums to be paid by parents are to be ascertained. Error in these lists will therefore produce injustice. It has been held by this department, that the teacher is not entitled to call on the trustees for his wages, unless he furnishes them an accurate list of scholars, on which they can prepare the rate-bills, and issue their warrant. Hence the teacher has a direct personal interest in the preserva tion of an accurate list, which he can verity by his oath.

For the purpose of executing this provision, the teacher will write the following heading or caption, in his book, at the commencement of each quarter: A list of the scholars who attended the District School in the town of of District No. during the quarter or term commencing the 184 , and the number of days they respectively at tended the same.

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day of

No. of days' attendance.

or library money withheld by town superinten-No. 1, 1841, John Thompson, Seventy-eight, 78 days. dents.

There are two classes of cases in which relief may be sought for the refusal of town superintedents to apportion or pay over public money to a district.

2d. Where there has been any accidental omission to comply with any provision of law, or any regulation of the Superintendent, in consequence of which an apportionment of public money has not been made. In such cases a general authority is given by § 2 of the act of 1841, (No. 30,) to cause the apportionment to be made, and a similar authority is given in relation to library money by the last clause of § 6 of the act of 1839, (No. 185.)

Dec. 1,
Dec. 4,

Peter Barker,... Forty-three,
James Thomas, Forty,

43 40

"

At the time any pupil enters the schools, the teacher should immediately insert the date and the name of the scholar. At the close of the quarter the whole number of days that each pupil attended is to be ascertained from the check roll, and entered in the third column, in words at length, and also in figures, as in the above form.

1st. Where it is supposed the decision of the town superintendent is erroneous upon some question of fact, or some principle of law. In such cases the remedy is by appeal to the county Superintendent in the manner prescribed by the regulations concerning appeals. The interest of the district, as well as of other districts, re- Each teacher at the commencement of every quarter quires that the proceedings should be prompt, as an ap-must provide a day or check roll, in which the name of peal stays further action by the town superintendent. every scholar is to be entered. It should be ruled so as to give six columns. corresponding to the number of days in the week. The number attending should be as certained each half day, and pencil marks made in the column for the day opposite to the name of each one present. At the end of the week, the number of days each pupil has attended during the week, should be summed up and entered on the weekly roll. Each half day's attendance should be noted; and two half days should be reckoned as one day. The pencil marks on the day roll may be obliterated, so that the same roll may be used during the quarter. The weekly roll should be formed in the same manner, so as to contain the names of the pupils, and thirteen columns ruled, corresponding to the number of weeks in the quarter. In each of these columns is to be entered the result of the daily check roll for each week, in the following form: Weekly Roll.

These provisions are intended only for the cases of accidental and unintentional omissions, and the authority given by them will not be exercised where there is a wilful disobedience of law or a perverse and intended violation of any regulation.

Applications for relief in this class of cases must be made as soon as the omission is discovered, in order to prevent the inconvenience of correcting the apportionment after it has been acted upon; and any unnecessary delay will in itself form a strong ground of declining to grant the relief desired.

The facts and circumstances on which the application is founded, must be verified by affidavit, and a copy should be served on the town superintendent, and his concurrence in the statement of the facts should, if possible, be obtained.

Whenever the money to which such an application refers, remains in the hands of the town superintendent at the time he receives notice of the application, he should retain it, subject to the order of the Superintendent. The inconvenience of a second distribution in the event of an application being denied, is not sufficient to counterbalance that of a district being deprived for a year of its portion of public money

But town superintendents should recollect that neither the provisions referred to, nor any others, authorize them to exercise any discretion whatever in such cases. Their duty is simply to execute the law. If the necessary reports are not made at the proper time, or do not contain all that is required by law or by regulations, they cannot make any apportionments or pay any money upon them. Their duty is to refer the case to the Superintendent, and suspend any action on their part in relation to the share of money affected by the omission, until his directions are received.

Attendance of pupils in District School of District

No.

Names of pupils. 1st 2nd 3rd 4th 5th week. week. week. week week.

John Thompson, 6 days. 4 days. 5 days. 6 days. 5! dys At the end of the quarter the teacher will sum up the attendances of each pupil from this weekly roll, and before mentioned, showing the whole number of days enter the result in the book provided by the trustees as each scholar has attended during the quarter.

At the end of the list the following oath or affirmation is to be written:

A. B. being duly sworn, (or affirmed,) deposes that the foregoing is a true and accurate list of the names of the scholars who attended the District School of Disin the town of trict No. during the quarter commencing the day of 184 and the number of days they respectively attended.

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This oath or affirmation is to be signed by the teacher, and certified by a justice of the peace, commission

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Of scholars who attended less than two months, there

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Of scholars who attended two months and less than four, Form of Notice for an adjourned District

four months and less than six,

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ten months and less than twelve,
twelve months,

Meeting, to be posted up in four public pla ces in the District.

SCHOOL DISTRICT NOTICE.

the town of
will be held at

Notice is hereby given, that a meeting of the freeThis abstract is to be signed by the teacher and de-holders and inhabitants of school district, No. in livered to the trustees. authorized by law to vote therein, on the day of next, (or instant, as the case may be,) at o'clock in the noon, pursuant to adjournment. Dated this day of A. D. 18 A. B. District Clerk.

In another part of the book provided by the trustees, and towards the end of it, the teacher will enter the days on which the school has been inspected, in the form of a memorandum as follows: Account of Inspections of the School in District No.

November 1, 1841. The school was inspected by the County Superintendent, and by William Jones, town superintendent.

December 1, 1841. The school was inspected by the County Superintendent alone.

To this also, an oath or affirmation of the correctness must be added in the following form:

A. B. being duly sworn, (or affirmed,) deposes that the foregoing is a true account of the days on which the school in District No. in the town of 1 was

visited and inspected by the connty and town superintendents respectively, during the quarter commencing on the day of

184.

Sworn (or affirmed) and subscribed this Į
day of
184 before me.
DISTRICT CLERK.

Teacher.

The general duties of this officer are particularly spe cified in 74, (No 102.) He is to keep in a book, to be provided by the district, a record of the proceedings of each annual and special meeting held in his district; to give notice of the time, place and object of such meetings in the manner prescribed by law; and to preserve all records, books and papers relating to the district, I and deliver the same, on the expiration of his official term, to his successor

Form of Notice for a Special District Meeting.
To the Clerk of district number

The Trustees of district number at a meeting held for the purpose, have resolved that a special meeting be called at the school house, on the day of

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at o'clock in the noon of that day, for the purpose of [choosing a collector in the place of A. B. removed, or whatever the object of the meeting may be, and for the transaction of such other business as the meeting may deem necessary.

You will therefore notify each inhabitant of the dishis hearing, or if he is absent from home, by leaving a trict entitled to vote therein, by reading this notice in copy of it, or so much as relates to the time and place of meeting, at the place of his abode, at least five days before such meeting. Dated at this

18 day of

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The district clerk of each school district in the State, is hereby required within ten days after each annual or special meeting for the election of officers in his district, to forward to the town clerk the names of the several officers elected at such meeting, and the offices to which they were respectively elected.

In pursuance of section thirty-second, of the act of 1841, (No. 169,) the District School Journal will hereafter be forwarded by mail, for the clerk of each By 18 of the laws of 1841, (No. 79,) he is to notify a district, by the No of said district, whose duty it is, by special meeting for the election of officers, whenever that section, to cause each volume to be bound at the the time for holding the annual meeting has passed, expense of the district, and to deposite the same in the without such election being held; and generally it is District Library. He or one of the trustees is therefore his duty to give the necessary legal notices of a district bound to take the paper from the post-office, punctualmeeting, whenever required to do so by a majority ly, paying the postage, quarterly in advance: and the of the trustees. The purpose and object of such meet-amount so paid, being an expenditure authorized by ings should in all cases be set forth in general terms; law, may be added by the trustees to any tax list thereand this is specially required by law when a meeting after made out for district purposes, and refunded to is called for the purpose of changing the site and re- the clerk, or trustee paying it. Great care should be moving the school house in an unaltered district. [See taken to secure the regular receipt, and careful preserNos. 95, 96, and 87.] And also when a tax is to be vation of the numbers, which will be sent on the first of levied for the purchase of books for a district library. each month; and with this view, the clerk should stitch [See No. 175.] them together in covers, as soon as they arrive; and in By $ 63, (No. 92,) it is declared that "the proceedings no case permit them to be taken out of his custody, alof no district meeting, annual or special, shall be held though any inhabitant of the district should be allowed illegal for want of a due notice to all the persons quali-free access to them, for the purpose of perusal, at all fied to vote thereat, unless it shall appear that the proper hours. The same precautions should be observ omission to give such notice was wilful and fraudu-ed, and the same freedom of access and perusal allow. lent." But this provision will not exonorate a clerked, in respect to the present volume of Laws and Infrom liability for gross neglect; nor will it sanction anstructions, the volume of Common School Decisions intentional omission to give notice. and Laws heretofore published, and all other books, papers and documents belonging to the district, and placed under his official control.

Notices of annual and special meetings must be given at least five days before the day on which such meetings are directed to be held; that is, the notices for meeting to be held on Saturday for instance, must be given on or before the preceding Monday.

They will observe that heavy penalties and forfeitures are incurred by them, under § 6 of the act of 1839, (No. 166,) for neglect of any duty devolved upon them by In the case of annual meetings, or special meetings,law; and that they are made individually responsible which have been adjourned for a longer time than one for any loss that may accrue to their district, in conmonth, a notice in writing, affixed in at least four dif sequence of such neglect, or omission. ferent places in the district, is sufficient; but notices of For an exposition of the duties devolving on them in special meetings must be personally served on each in-relation to the district library, their attention is directhabitant of the district liable to pay taxes, (which in-ed to the subsequent instructions under that head: and cludes, of course, every legal voter in the district) "by for the manner in which records of the proceedings of reading the notice in the hearing of such inhabitant, or the several school meetings should be kept, to the subIn case of his absence from home, by leaving a copy sequent instructions under the head of Annual and Spethereof, or of so much thereof us relates to the time and 'cial Meetings. [To be continued.]

DISTRICT SCHOOL JOURNAL,

VOL. IV.

OF THE STATE OF NEW-YORK.

ALBANY, JAN., 1844.

INSTRUCTIONS, &c.-(CONCLUDED.)

No. 10.

COLLECTORS OF SCHOOL DISTRICTS. It is the duty of the collector of each district "to collect and pay over to the trustees of his district, some or one of them, all moneys which he shall be required|terest in the moral and intellectual culture of their by warrant to collect, within the time limited by such warrant for its return, and to take the receipt of such trustee or trustees, for such payment." 105, (No. 155.) When required by the trustees, such collector is to execute a bond, with one or more sureties, to be approved by one or more of the trustees, in double the amount of any tax list, (or rate bill,) to be collected, and conditioned for the due and faithful performance of his duty. 106, (No. 156.)

[sultation in relation to their schools, and the various interests connected therewith, are calculated to exert a most beneficial influence in favor of education; to promote union, harmony and concert of action in the several districts; and to cement the ties of friendly social intercourse between those having a common inchildren. It is, therefore, of the utmost importance that they should not be neglected; that the inhabitants should be prompt and uniform in their attendance; and that the proceedings should be invariably characterized with that order, regularity, dignity and decorum which can alone command respect, and advance efficiently the objects to be accomplished. To secure as far as possible the attainment of these desirable ends, it is proposed in this place to examine the powers and duties of the inhabitants, when assembled in district meeting, the mode of proceeding, the keeping of the minutes and records, the qualifications of voters, and some other subjects of general interest, connected with the proceed

In case such bond is not executed within the time al lowed by the trustees for that purpose, which shall not be less than ten days, the office of the collector is vaeated, and the trustees may appoint any other personings of district meetings. to supply the vacancy,

The form of the bond thus required to be executed, will be found at page 143.

1. Jurisdiction of the Collector.

By 28, of the act of 1841, (No. 132,) the jurisdiction of the collector, in the execution of his warrant, is unlimited; and extends to 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. Mode of proceeding in the collection of Taxes

and Rate Bills.

This is specifically pointed out by the extracts from the 13th chapter of the 1st volume of the Revised Statutes, page 82.

Powers and Duties of Inhabitants when assembled in District Meeting.

These are particularly specified in § 61, (No. 74,) of the original act, and have been considerably extended by subsequent enactments, which will be noticed in their order. They are to appoint a moderator; to adjourn from time to time as occasion may require; to choose district officers at their first meeting, upon the organization of the district, and as often as vacancies to designate a site for a district school house; to lay occur, by expiration of the term of office, or otherwise; such tax on the taxable inhabitants of the district as the meeting shall deem sufficient to purchase or lease a suitable site for a school house, and to build, hire, or purchase such school house, and to keep in repair and furnish the same with necessary fuel and appen

3. What property liable to be taken on Collec-dages; and to repeal, alter and modify their proceed

tor's Warrants.

In the case of Keeler and others vs. Chichester, 13) Wendell 629, the supreme court held that any property found in the possession of the person liable to pay the tax, might be taken and applied to the payment of such tax, and that the collectors of school districts had the same powers as collectors of towns in collect ing town and county taxes. This decision has reference to the ownership of the property, and shows that possession renders it liable to distress, whether owned by the party or not. It does not refer to the kind of property liable. The property which may be levied upon is specifically defined by § 2, of Chap. 13, 1 Revised Statutes. No property is exempt from the operation of such warrants, except the arms and accoutrements particularly mentioned in the act of Congress referred to, and quoted in the note at the bottom of page 82. The designation of the owner of a farm in a tax list and warrant, as "the widow and heirs of A. B. deceased," is a sufficient compliance with the statute, to justify the collector in executing the warrant. Wheeler vs. Anthony, 10 Wendell 346.

By 103, (No. 158,) the collector forfeits to his district, the full amount of any money which may be lost by his neglect, and which might have been collected by him, within the time limited in his warrant.

ANNUAL AND SPECIAL MEETINGS OF INHABI

TANTS OF SCHOOL DISTRICTS. The inhabitants of the several school districts are required by law to meet annually, 62, (No. 78;) and special meetings are authorized to be held, whenever called by the trustees, 63, (No. 82.) The frequent opportunities thus afforded for the coming together of the inhabitants of each district, for deliberation and con

ings from time to time as occasion may require.

By the 10th section of the act of 1841, (No. 76,) the inhabitants are authorized, with the consent of the commissioners of common schools, to designate sites for two or more school houses for their district, and to lay a tax for the purchase of lease thereof, and for the purchase, hiring or building of school houses thereon, and the keeping in repair and furnishing the same with necessary fuel and appendages.

This provision authorizing more than one site and school house is intended for the accommodation of those districts that may be so peculiarly situated as to ren der a division inconvenient or not desirable. A banking or other corporation, or some manufacturing establishment liable to taxation, may thus be rendered beneficial to a large territory and a greater number of inhabitants, instead of having its contributions applied for the benefit of a few. And in populous places, it may often be convenient to have a school for very young children distant from that attended by those more advanced. In these and other cases, the districts should not hesitate to exercise the power given by this section. But they should in all cases obtain the previous assent of the commissioners.

discretion and without the assent of the commissioners,

The same section authorizes the inhabitants in their

to levy a tax not exceeding $20 in any one year, far the purchase of maps, globes, black hoards and other school apparatus. The principal facts in geography are learned better by the eye than in any other manner, and there ought to be in every school room a map of the World, of the United States, of this State and of the county. Globes also are desirable, but not so im. portant as maps. Large black boards in frames, are indispensable to a well conducted school. The operations in arithmetic performed on them, enable the teach

er to ascertain the degree of the pupils' acquirements, better than any result exhibited on slates. He sees the various steps taken by the scholar and can require him to give the reason for each. It is in fact an exercise for the entire class; and the whole school by this public process insensibly acquires a knowledge of the rules and operations in this branch of study.

that "whenever the number of volumes in the district library of any district numbering over fifty children between the ages of five and sixteen years, shall exceed one hundred and twenty-five; or of any district numbering fifty children or less, between the said ages, shall exceed one hundred volumes, the inhabitants of the district qualified to vote therein, may, at a special Cards containing the letters of the alphabet or words meeting, duly notified for that purpose, by a majority may be usefully hung up in the room. Indeed the whole of votes, appropriate the whole or any part of the library apparatus provided by Mr. Holbrook, is eminently cal-money belonging to the district for the current year, to culated to facilitate the acquisition of knowledge and the purchase of maps, globes, black-boards, or other to render it agreeable. scientific apparatus for the use of the school."

The amount of the tax which may be voted for the purchase or lease of sites for the district school house, and for the repairs, furniture, fuel and appendages, is left wholly to the discretion of the district, and is unlimited by law: but no tax for building, hiring or purchasing a school house can exceed the sum of four hun hundred dollars, unless on the certificate of the commissioners that a larger sum, specifying the amount, ought, in their opinion, to be raised; in which case a sum not exceeding the sum so specified, may be raised, $64, (No. 93.) If the district under the act of 1841, raise a tax for building, hiring or purchasing two or more school houses, a tax for each may be levied, to the amount of $400, without a certificate from the commissioners.

By the sixth section of chapter 241, of the laws of 1837, (No. 77,) the inhabitants of the several school districts are authorized to vote a tax for the purchase of a book for the purpose of recording the proceedings of the district; and which by sub. 1. of § 74, (No. 102,) must be provided to enable the clerk to perform his duty.

By the fourth section of chap. 44 of the laws of 1831, (No. 88,) the the inhabitants are authorized, whenever the site of their school house has been legally changed, to direct the sale 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.

By the provisions of the several acts relative to school district libraries. (No. 176 et seq.) the inhabitants of the several districts are authorized to lay a tax, not exceeding twenty dollars for the first year, and ten dollars for each subsequent year, for the purchase of a district library, consisting of such books as they shall in their district meeting direct, and such further sum as they may deem necessary for the purchase of a book case; and also to appoint a librarian who is to have the care and custody of the library so purchased, under such regulations as they may adopt for his go

vernment.

The object of this enactment is two-fold. It is de signed in the first instance, to secure to every district, at least one hundred volumes of suitable books for a district library; and to districts numbering over fifty children, one hundred and twenty five; and in the second, to authorize the inhabitants of any district so supplied, when duly convened for that special purpose, to appropriate so much of the library fund for the current year, as they may think proper, to the purchase of maps, globes, black-boards, or scientific apparatus, for the use of the school. In the absence of any such appropria tion, or whenever any balance remains unappropriat ed, the library money, or such unappropriated balance, must be applied to the purchase of books; and in any other of these purposes, on or before the first day of Ocevent, the money must be expended for the one or the tober in each year. It is respectfully recommended to the inhabitants of those districts which are already supplied with the requisite number of books, and of 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 blackboard; 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 addi tions to the library as the growing wants and increased intelligence of the district may require, can then be from time to time procured. The advice of the town and county saperintendent may at all times be had as to the most proper and judicious appropriation of the fund for the purposes provided for by the section under consideration.

of districts to direct the division of the public (teachBy sub. 7 of 75, (No. 103,) the power of inhabitants year, and to assign and apply one of such portions to er's) money, into not exceeding four portions for each each term taught during the year by a duly qualified teacher, is expressly recognized.

The powers thus conferred upon the inhabitants of school districts, must be strictly pursued, and can in no meeting can be legal, for which authority is not excase be exceeded. No vote or proceeding of a district pressly or by necessary implication, to be derived from the statute.

2. Mode of Proceeding.

These provisions, it will be observed, are entirely distinct from those which relate to the purchase of books with the public moneys provided by the act of 1839. They are confined to such books as are obtained by means of a district tax; and wherever the inhabi tants do not choose to place the latter on the same footing with the former, the distinction should be care fully observed. The library directed to be purchased with the public money provided for that purpose, is to be selected by the trustees; the inhabitants have no direct control over such selection; and the rules and regulations for its government are to be prescribed by habitants of the district should be secured by the orAs a general rule, the punctual attendance of the inthe Superintendent alone; while the library to be rais-ganization of the meeting at the appointed hour, after ed by tax must consist of such books as the inhabitants making a fair allowance, say ten or fifteen minutes, for in district meeting shall direct; and the rules and regu- the variation of time pieces; at the expiration of which lations for its management may be adopted at such meeting. Still both classes of books may be placed time, those in attendance, whatever may be their numupon substantially the same footing, by a general di- ber, should organize, by the appointment of a moderarection to the trustees as to the books to be purchased, competent to the transaction of the business for which tor. Any number of inhabitants, however small, are and the adoption of the rules and regulations prescrib- the meeting was called; but if there be only a very ed by the Superintendent. Under the fifth section of the act of 1839, relative to the meeting. The clerk of the district if present, will small number present, it will be advisable to adjourn district libraries, (No. 184,) the legal voters in any two or more adjoining districts, may, with the approbation act as clerk of the meeting; and in case of his absence, of the Superintendent, unite their library moneys, as by the meeting to act as clerk pro tem. The inhabitants any other inhabitant of the district may be designated they shall be received or collected, and purchase a joint library for the use of the inhabitants of such dis- will then proceed to the transaction of the business for tricts, to be. selected by the trustees, or such persons which they were convened. as they shall designate, and to be placed under the charge of a librarian to be appointed by them.

By the seventh section of the same act, (No. 186,) the legal voters in any district are authorized to direct the trustees to apply to the Superintendent to select and forward to the county clerk for the use of the dis trict, a library.

choice should be by ballot, separately for each office Where officers of the district are to be chosen, the with where there is reason to believe any difference of and this mode of proceeding should never be dispensed opinion exists as to the proper persons to be chosen.better to regard the choice by ballot as the regular Where no such difference of opinion exists, it is still mode, and when dispensed with in any individual case, The application of the library money to the purchase it should be done by express resolution. All other bu of suitable books, has been directed by the Legislature siness of the meeting should be transacted by written to be continued subject to this single modification, viz:resolutions, regularly. put to vote in the customary

After changing the site of the school house, in the manner before prescribed, the voters of the district, at the same or any subsequent meeting, may pass a resolution, by a majority of those present, in the ordinary mode, directing the trustees to sell the house, according to No. SS ante

manner; and where, for any reason, the result cannoting not voting in favor thereof. The votes are then to be accurately ascertained, the numbers voting for or be stated as before.] against any resolution should be determined by a count or by ayes and noes. For this purpose it would be well for the clerk to have always in readiness a list of the legal voters of the district, with a series of columns attach ed, to designate the manner in which each person votes on any question that may be submitted. When the site is to be changed in a district that has not been altered, the law specifically requires the vote to be taken by ayes and noes. Such lists may be in the following form:

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Thomas Budd,
William Carroll,-
Henry Beltis,

Frederick Hough,

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4 2 4 2 3 3

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4. Qualification of Voters.

Great difficulty has been heretofore experienced in ascertaining the requisite legal qualifications for voters in school district meetings. The act of 1841 has removed this difficulty by defining them particularly, and has pointed out the means of ascertaining the right of any individual to vote in such meetings, by a challenge, 7, 8, 9, (Nos. 71, 72, 73.) The following general qualifications are required in

all cases.

1. The voter must be a male.

2. Of full age, that is, twenty-one years old, or more. 3. He must be an actual resident of the district. In addition to the above, the voter must possess one or other of the following qualifications:

4. He must be entitled by law to hold land in this State, and must own or hire real property in the district, subject to taxation for school purposes; or,

b. He must be authorized to vote at town meetings of the town in which the district or part of a district is situated-must have paid a rate bill for teachers' wages in the district within one year preceding, or must 3. Mode of keeping Minutes and Records of the have paid a district tax within two years preceding, or Proceedings. must own personal property liable to be taxed for The person acting as clerk should keep accurate mi-school purposes in the district exceeding fifty dollars in nutes of the proceedings on loose sheets of paper; and value, exclusive of what is exempt from execution. before the meeting is finally adjourned, these minutes Under the above 4th division are included two clas should be read and approved by the meeting, and sign-ses of persons-citizens owning or hiring real property, ed by the moderator and clerk, and afterwands transferred into the record book of the district. The following general form may be used for this purpose: Form of Minutes to be kept by the District Clerk, of Proceedings of District Meetings. At a meeting of the legal voters of school district held pursuant to day of , for if it be the annual meeting, say "at an annual meeting of, &c. held pursuant to appointment and public notice, at, &c." Or if it be a special meeting, say, at a special meeting of, &c. called by the trustees of said district, and held pursuant to special notice, at, &c. on the day of, &c."] A. B. was chosen moderator, and C. D. was present as district clerk, (or if the clerk be not present, say E. F. was appointed clerk pro tem., the district clerk being absent.)

number adjournment, at

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in the town of

on the

subject to taxation, and aliens not naturalized, who have filed the affidavit prescribed by 16 of Title 1, Chap. 1, Part 2, Rev. Stat. of their intention to become citizens, and of having taken the necessary incipient measures for that purpose, and who own or hire real property in the district subject to taxation for school purposes. It does not extend to those who have personal property, but neither own nor hire real property. The provision was intended to meet the case of residents, who, although not entitled to vote at town meetings, may have a strong interest in the proceedings of district school meetings.

In reference to the above 5th division, those "citizens of the several towns in this State, qualified by the Constitution to vote for elective officers," are entitled to vote at meetings. [§ 1, Title 2, Chap. 11, Part 1, Rev. meetings under this qualification must have been inhaStat.] Of course, persons claiming to vote at district bitants of the State for one year, of the county for six months immediately preceding, and must then be actual residents of the town. To these must be added some one of the qualifications above specified in division 5. Where the subject of a change of site in an unalter- By 8, (No. 72,) a challenge is allowed, and the deed district, has been under discussion, and a determi-claration that may be required is given; and by 9, nation had by the district, in the manner prescribed by (No 73,) penalties for a false declaration and for vo law, the proceedings should be particularly recorded, ting without being qualified, are imposed. in the following form:

Resolved unanimously. (or by a majority of the votes present, as the case may be,) [here enter the proceedings of the district in the form of resolutions, and with as auch precision and certainty as possible.]

1

5. Reconsideration of Proceedings. At a meeting of the legal voters of District No. in the town of The inhabitants of school districts may reconsider held at the school house, in pur and repeal, alter and modify their proceedings at any suance of notice to all the legal voters therein on the time before they have been carried into effect, either day of 18 A. B. was chosen mode- wholly or in part. But the intention to do so, should rator, and C. D. was present as district clerk, (or E. F. be explicitly set forth in the notice of the meeting called was appointed clerk pro tem., the district clerk being for that purnose absent.) The written consent of the Town Superintentually been entered into, liabilities incurred, or expenWhen, however, contracts have acent of Common Schools of the town having been read, ditures of money had, in the prosecution of any mea stating that in his opinion the removal of the site of the school house in said district is necessary: And it sure directed by the district, a reconsideration will not having been moved and seconded that the present site be sanctioned, as no means exist to indemnify those of the school house in the said district be changed and who may be the losers thereby. that the northeast corner of lot number 10, in the said town, (or of the farm now occupied by A. B. on the N. E. corner, formed by the intersection of two certain roads, &c. describing them,) be designated as the site of a school house for the said district, and the question taken by ayes and noes, it was carried, two-thirds of all those present at such special meeting voting for such removal, and in favor of such new site: Those who voted in the affirmative were John Morehouse, Thos. Budd, Wm. Carroll and Frederick Hough, &c.; those who voted in the negative, were Jacob Curtis and Henrysary amount to be raised, cannot be ascertained with Bettis, &c.

Ayes 4.

Noes 2. [In stating the ayes and noes, the christian names of the voters should be given.]

[Or, and the question being taken by ayes and noes, it was lost, two-thirds of all those present at the meet

6. Taxes should be specifically voted. Where a tax is voted by the inhabitants for any purpose, the specific amount of the tax, and the particular purpose for which it is designed, should be fully and clearly stated. And where several objects of expendi ture are to be provided for, the amount to be raised for each should be expressed in the resolution, in order that the district and the trustees may know the precise extent of their liability, and the mode of its application. There may be cases, however, where the neces

any approach to accuracy; and in such cases the district may direct the performance of specific acts by the trustees, or authorize them to incur such expenses as may be necessary to the accomplishment of a particu lar object to be specified; and the trustees are then au

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