thorized by § 14, of the act of 1841, (No. 127,) to raise turbance in any portion of the district :-bearing in such amount by tax upon the district in the same man-mind that a mere numerical triumph, leaving a large ner as if the definite sum to be raised had been voted. minority dissatisfied and irritated, however gratifying to This general delegation of authority should, however, the successful party, for a time, is but a poor compen sation for a divided and distracted district, and an embe resorted to only in cases of necessity bittered and hostile neighborhood. 9. Building, Hiring, Purchasing and Repair. ing of School Houses, and providing Furniture and Appendages. 7. Designation of Site of School House. When the site of a school house is to be fixed, it should be designated with distinctness and precision. It is very common in many of the districts to vote a site in general terms, as at or near a particular spot, When a tax is voted by the inhabitants of a district between two points, or by other equally vague descriptions; and in some instances the precise location has for building a school house, it is important, not only that the specific amount to be raised should be stated, but been left to the discretion of the trustees, or of a committee appointed for that purpose. All this is directly if any portion of it is designed to be expended in the contrary to law. The inhabitants in district meeting erection of other appurtenances, such as a wood house, assembled, are "to designate a site for a district school necessary, or fence, that those purposes should be spehouse," and this designation must be sufficiently ex-cifically set forth in the resolution. It would in all cases be desirable that a committee of the inhabitants plicit, and must be described by metes and bounds, or other known and permanent landmarks, to enable the consisting of or including the trustees who are charged trustees to locate the site, and to contract for and re- by law with the execution of the work, should be apceive a title to the same; and the best rule will be to pointed to digest and under the advice of the county make such a description as would be required in a deed superintendent mature a full plan for the building, appendages, and appurtenances, together with a detailed of the premises. estimate of the expense, and to submit the same at an district. From this proceeding many useful results adjourned meeting for the sanction and approval of the would follow. The trustees would be placed in possession of all the information necessary to enable them efficiently and systematically to discharge their duties in contracting for and superintending the erection of the house; an opportunity would be afforded of obtain ing and comparing the best models of architecture, and the inhabitants would be enabled to discuss at their leisure the several plans submitted and to consult their convenience, taste and accommodation, in the several details. 8. Change of Site. By § 1, of chap. 44, of the laws of 1831, (No. 85,) it is provided that "whenever a school house shall have been built or purchased for a district, the site of such school house shall not be changed, nor the building thereon be removed, as long as the district shall remain unaltered, unless by the consent in writing of the town superintendents of common schools, or a majority of them, of the town or towns within which such district shall be situated, stating that in their opinion such removal is necessary; nor then, unless two-thirds of all those present, at a special meeting of such district called for that purpose, and qualified to vote therein, shall vote for such removal, and in favor of such new site." The school house, when built or purchased, should never be permitted to remain for any length of time out of repair. It is the duty of the trustees to keep it in reThis provision is designed to secure permanency in pair, and the district should whenever called upon, the location of the district school house, while the cir- provide for the expense. They should also see that the cumstances under which it was so located remain sub-school rooms are properly furnished with fuel, preparstantially the same. But when an alteration has takened for use; that all the necessary articles of furniture place in the district, since such location, either by the addition of new inhabitants, and the consequent annexation of new territory, from the adjoining districts, or by the setting off of a portion of the inhabitants and territory to some other district, then, the reason for the enactment failing, a change of site may be voted by a majority of the altered district, in the usual manWhen the new site is again established, either in this manner, or by a two-third vote, as provided in the section above quoted, the same principle again prevails. No further alteration can be made while the district remains substantially in the same condition, as when the ner. new site was fixed. The alterations here referred to must be such as are made in the territorial boundaries of the district. Changes of residence by the inhabitants out of the district, or the removal of persons into it from other districts, cannot be deemed alterations within the meaning of the law, while the territory remains the same. are provided; that the seats, desks and other fixtures are in good condition, and that the district library, the apparatus for the school and all the other property of the district is properly taken care of, and such articles as are wanted, promptly furnished. In other words, the district should exercise a constant supervision over its officers, and provide the means for an efficient discharge of their duties. When it is supposed that more than four hundred dollars will be necessary to build, hire, or purchase a school house, care should be taken to procure the certificate of the town superintendent, before the tax is voted by the district, as such certificate seems by the act and has been held by this department to be indispensable to authorize the vote. If there be a site and house, they should be sold, and the proceeds applied first to the pur chase of the new site and next to the building. And whatever sum is applicable to the erection or purchase of the school house, must according to a decision of this department go in reduction of the amount which the district may vote for a school house. (Decisions, p. 183.) Thus, if the former site and building sell for 200 dollars, and 60 dollars be applied to the procuring a new site, the remaining 160 dollars being applicable to the new house, the district cannot vote a tax of more than 250 dollars for the building, without the consent of the commissioners. The following will be a proper form of a resolution for raising a tax for the erection of a school house. The certificate of the town superintendent of common schools of the town of having been obtained, that in his opinion a larger sum than four hundred dollars ought to be raised for building a school house in the said district, namely the sum of six hundred dol. lars, (or whatever the whole sum may be.] The experience of this department has shown that by far the most fertile sources of contention and difficulty in the various school districts, originate from the proceedings of the inhabitants connected with the change of the site of their school house. Such a measure should therefore, only be adopted when the convenience and accommodation of the inhabitants, will be essentially promoted thereby; when the altered situation of the district imperatively requires a change; and even then, the full and hearty concurrence not merely of a clear and decided majority of the district, but of the inhabitants generally should be secured, before any final deThere must always be a portion of the cision is made inhabitants, residing at the extremities of the district who will experience more or less inconvenience, at particular seasons of the year, in consequence of their distance from the school house: but it is better that these partial inconveniences should be submitted to, than that they should be transferred to others and the whole district plunged into a contention respecting the site. But when, in consequence of the enlargement of Resolved, That the sum of fifty dollars be raised by the boundaries of the district, a change is indispensa ble, the inhabitants should come together in a concila-tax upon the said district for the purchase of the site tory and friendly spirit, having no other object in view than the best interests of the district and the convenience of the greatest number: and their action should be deliberate and circumspect,-reconciling as far as possible the interests of all and rejecting every proposition calculated to sow the seeds of dissention, or dis Resolved, That the said sum of six hundred dollars be raised by tax upon the said district for the purpose of building a school house therein. The resolution for the purchase of a site should be distinct and may be in the following form: for a new school house, heretofore designated by the legal voters thereof. Either or both the above taxes may be raised, but can not be expended before a site is purchased and a legal title procured. Whenever there is a deficiency in the amount of any tax directed to be raised, the inhabitants of the district are directed by § 30 of the act of 1841, (No. 106) to raise the necessary sum by a new tax. DISTRICT LIBRARIES. By chap. 80 of the laws of 1835, (Nos. 175, 176,) the inhabitants of the several school districts were authorized, when lawfully assembled at any district meeting specially notified for that purpose, to impose a tax not exceeding twenty dollars for the first year, and ten dollars in any 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. By the 2d section of that act, (No. 177,) the district clerk, or such other person as the inhabitants should designate and appoint by a majority of votes, was declared to be librarian, and to be vested with the care and custody of the library, under such regulations as the inhabitants should adopt. These provisions are still in force; and they afford the only authority for raising by tar upon the district, any money for the purchase of books, or a book case. The books thus to be purchased must be directed by the inhabitants in district meeting; and this direction may be either general, as to purchase any given series or numbers of the Harper Library, the Family Library, &c. or special, designating the particular books, or the trustees may be authorized to procure such books as they think proper. By the 4th section of chap. 237, of the laws of 1838,|| (No. 179,) the sum of $55,000 from the annual revenue of the U.S, Deposite Fund, was required to be annually distributed to the support of common schools in like manner and upon the like conditions as the school moneys now are or shall hereafter be distributed, except that the trustees of the several districts shall appropriate the sum received to the purchase of a district library for the term of three years, (afterwards by 6 of chap. 177. laws of 1839, (No. 185,) extended to five years,) and after that time for a library, or for the payment of teachers' wages, in the discretion of the inhabitants of the districts." Trustees, are by this provision, authorized to make the selection of the books for the library, as the application of the money is to be made by them. To promote uniformity in the loan and return of books, it is recommended that but one librarian be appointed; and that the inhabitants adopt the rules and regulations herein after prescribed by the Superintendent, for the government of the libraries procured under both acts. Inhabitants of districts have no authority to sell, exchange, or in any manner dispose of the books constituting the district library; whether such books are purchased from the library fund, or from the funds raised by the district. and their children,-will depend for their existence upon the vigilance of those who have accepted the sacred trust of watching and preserving them. Heavy, indeed, will be the responsibility for a neglect of those duties upon which so much depends. DISTRICT LIBRARY REGULATIONS, No. I. Regulations respecting District Libraries, their preser vation, and the delivery of them by Librarians and Trustees to their successors in office; and instructions for the execution of “An act respecting School District Libraries," passed April 16, 1839, pursuant to the third and seventh sections of the said act: intended for the government of the officers having charge of such Libraries. 1. In respect to the selection of books for district libraries. The Superintendent has no authority to make such selections, unless requested by the trustees of a district pursuant to a vote of its inhabitants. He is prepared to act on the subject as prescribed by the sta. tute, whenever requested; but he desires it to be distinctly understood that he does not proffer his services; much preferring that the inhabitants of a district should consult their own tastes and judgment. At the same time, he is bound to see the law faithfully executed; and as jurisdiction upon appeal from the proceedings of district meetings and trustees, as well in relation to the selection of a library as to all other matters connected with it, is given to him by law, it is proper that the principles which will govern decisions on such appeals should be known. The object of the law for procuring district libraries is, to diffuse information, not only, or even chiefly, among children or minors, but among adults and those who have finished their common school education. The books, therefore, should be such as will be useful for circulation among the inhabitants generally. They should not be children's books, or of a juvenile character, or light and frivolous tales and romances; but works conveying solid information which will excite a thirst for knowledge, and also gratify it, as far as such a library can. Works imbued with party politics and those of a sectarian character, or of hostility to the christian religion, should on no account be admitted; and if any are accidentally received, they should be immediately removed. Still less can any district be permitted to purchase school books, such as spelling books, grammars or any others of the description used as text books in schools. Such an application of the public money would be an utter violation of the law. If any case of improper selection of books should come before the Superintendent, by appeal from any inhabitant, such selection would be set aside; and if it appeared from the reports, which according to these regulations must be made, that such books had been purchased, the commissioners will be bound to withhold the next year's library money from such district. These penalties and provisions will be rigidly enforced; for upon a faithful administration of the law, the usefulness and the continuance of the system will de pend. If the public munificence be abused, it will unquestionably cease. The Superintendent feels it to be his duty, although an unpleasant one, to caution districts against collections of frivolous works, some of which are already adfamiliar with the best works in our language should be taken in making purchases; and it is recommended that utility be consulted in the choice of books rather than novelty. Works already known, and whose worth has been approved by the judgment of the public, should be preferred to new productions, which have not attained a character. Economy, also, should be main. tained in buying libraries, that the utmost benefit may be derived from the library fund. Those publishers who print large editions and make calculations for forming complete libraries, can, and do afford their books much cheaper than others. With such opportu nities for procuring the very best books at a cheap rate, it would be lamentable if more money should be paid for them than they can be procured for with a little effort, and it would be humiliating and discouraging, if books of worthless or improper character should be offered to those who bunger for knowledge. By the 3d section of the act of 1830, respecting school district libraries, (No. 182,) the Superintendent of Common Schools, was directed to prepare general regulations for the preservation of the libraries, the de livering of them by librarians and trustees to their successors in office, and respecting the use of the books, &c. In pursuance of these provisions, the subjoined regulations have been prepared. No. 1. relates to the preservation of the libraries, the delivery of the books by the officers charged with their keeping, to their suc-vertised as district libraries. The advice of persons cessors, and to their duties in respect to them. No. II. relates to the use of the books by the inhabitants, the number to be taken out, the fines to be imposed, &c. As these regulations may appear minute to some, it is proper to remark, that they were intended for the organization of a new and entire system, upon a subject not well understood, and in which directions cannot be too full or too plain. Thousands upon thousands of our citizens are and will be charged with the duties to which these regulations refer; and it is by no means a depreciation of their intelligence to remark, that very many of them have probably never had any connexion with circulating libraries, and are not aware of the absolute necessity of strict rules, and a firm adherence to them, to prevent the total destruction of their books in a few years. Complaints had already been made that in several districts, which had procured libraries, many of the books were injured, and others lost, for the want of some system in their management. It cannot be too strongly impressed upon trustees and librarians, that the best system which human ingenuity can devise, will be of no avail unless it is fully and thoroughly executed. These invaluable store houses of know ledge, the solace of age, the guide of youth, the stay of manhood. the source of so much happiness to parents II. The library is in charge of the librarian chosen at the annual meeting of the district; for he cannot be chosen at a special meeting. If none is elected, the clerk of the district becomes librarian. Where by the the laws regulating schools in cities or particular places, no trustees are chosen by the inhabitants, the district olerk, if there be one, is librarian If there be no district clerk, the trustees of the district may appoint the librarian. Trustees of school districts, are by virtue of their office, trustees of the library, and have the general charge and superintendence of it. The librarian is subject to their directions in all matters relating to the preservation of the books and appurtenances of the library, and he may be removed by them for the causes and under the circumstances mentioned in the first section of the "Act respecting school district libraries." (No. 180.) Whenever the trustees go out of office they are to deliver to their successors all the books in the district library, with the case and all other appurtenances, and such delivery should be had within ten days at least after their successors are chosen; and the librarian is at the same time to deliver to his successor all the minutes, catalogues, papers and property, appertaining to the library. III When any library is purchased and taken charge of by the librarian, he is to make out a full and complete catalogue of all the books contained therein. At the foot of each catalogue the librarian is to sign a receipt in the following form: collected is to be applied as directed in Article XII. of regulations No. II. with respect to fines. VI. It is the duty of the trustees to provide a plain and sufficient case for the library, with a good lock, if the district shall have neglected to do so. They are also to cause the books and case to be repaired as soon as may be, when injured; they are also to provide sufficient wrapping paper to cover their books, and the necessary writing paper to enable the librarian to keep minutes of the delivery and return of books. These are proper expenses for the preservation and repair of the books, and are to be defrayed by a tax on the district, which is to be added by any tax voted by a district meeting. It is not necessary that the tax to defray these expenses should be voted by the inhabitants of the district; it is to be assessed and collected in the some manner as a tax for building or repairing a school house, or to farnish it with necessary fuel and appendages. in the town of VII. The librarian must cause to be pasted in each book belonging to the library, a printed label, or must write in the first blank leaf of each book, specifying that the book belongs to the library of school district No. naming the town and giving I, A. B. do hereby acknowledge that the books speci- the number of the district; and he is on no account to fied in the preceding catalogue have been delivered to deliver cut any book which has not such printed or me by the Trustees of School District No. in the written declaration in it. He is also to cause all the town of to be safely kept by me as Librarian books to be covered with strong wrapping paper, on the of the said District for the use of the inhabitants there-back of which is to be written the title of the book, and of, according to the regulations prescribed by the its number in large figures. As new books are added, Superintendent of Common Schools, and to be accounted the numbers are to be continued, and they are in no for by me according to the said regulations to the case to be altered; so that if a book be lost, its number Trustees of the said District, and to be delivered to my and title must still be continued on the catalogue, with successor in office. Dated, &c. a note that it is missing. A correct copy of the catalogue and receipt is then to be made, to which the trustees are to add a certificate in the following form: We the Subscribers, Trustees of School District No. in the town of do certify that the preceding is a full and complete catalogue of books in the Library of the said District now in possession of A. B. the Librarian thereof, and of his receipt thereon. Given under our hands this day of 18 . The catalogue having the librarian's receipt, is to be delivered to the trustees, and a copy having the certificate of the trustees, is to be delivered to the librarian for his indemnity. Whenever books are added to the library, a catalogue with a similar receipt by the librarian is to be delivered to the trustees, and a copy with a certificate of the trustees that it is a copy of the catalogue delivered them by the librarian, is to be furnished to him. Every catalogue received by the trustees is to be kept by them carefully among the papers of the district and to be delivered to their successors in office. IV. During the week preceding the annual meeting all the books shall be called in For this purpose the librarian is to refuse to deliver out any books for fourteen days preceding the time so prescribed for collecting them together. The trustees must make a careful examination of the books, compare them with the catalogue, and make written statements in a column opposite the name of each book of its actual condition, whether lost or present, and whether in good order or injured, and if injured, specifying in general terms, the extent of such injury. This catalogue, with the remarks, is to be kept by them; a copy of it is to be made out,and delivered to the new librarian with the library, by whom a receipt in the form above prescribed is to be given, and to be delivered to the trustees. Another copy certified by them as before mentioned, is to be delivered to the librarian. VIII. The librarian must keep a blank book, that may be made by stitching together half a dozen or more sheets of writing paper. Let these be ruled across the width of the paper so as to leave five columns of the proper size for the following entries, to be written lengthwise of the paper: in the first column, the date of the delivery of any book to any inhabitant; in the second, the title of the book delivered, and its number; in the third, the name of the person to whom delivered; in the fourth, the date of its return; and in the fifth, remarks, respecting its condition, in the following form: Time of Title and delivery. No. of Book. 1839, June 10. The To whom. proper width of each column can be ascertained by writing the different entries on a half sheet of paper and seeing how much room they respectively occupy. As it will be impossible for the librarian to keep any trace of the books without such minutes, his own inte his duty to the public, will, it is to be hoped, induce rest to screen himself from responsibility, as well as him to be exact in making his entries at the time any book is delivered; and when it is returned, to be equally exact in noticing its condition, and making the proper minute. IX. A fair copy of the catalogue should be kept by the librariau, to be exhibited to those who desire to select a book; and if there be room, it should be fastened on the door of the case. X. The several trustees of school districts are hereby required, in their annual reports to the town superinten dent of common schools, to state the number of books be longing to their district library on the last day of De cember in each year. set or series, and the condition of such books, whether sound, or injured, or defaced. This catalogue must be signed by them and by the librarian. V. Trustees are to attend to the library for the pur- time of their making their annual reports, deliver to the XI. The trustees of each school district shall, at the pose of comparing the catalogue with the books. They on their coming into office, to examine the books care-district library, with the number of volumes of each are at all times when they think proper, and especially town superintendent of common schools of their town, a catalogue containing the titles of all the books in the fully, and note such as are missing or injured. For every book that is missing the librarian is accountable to the trustees for the full value thereof, and for the whole series of which it formed a part: such value to be determined by the trustees. He is accountable also for any injury which a book may appear to have sus tained, by being soiled, defaced, torn, or otherwise. And he can be relieved from such accountability only by the trustees, on its being satisfactorily shewn to them that some inhabitant of the district has been charged or is chargeable for the value of the book so missing, or for the amount of the injury so done to any work. It is the duty of the trustees to take prompt and efficient measures for the collection of the amount for which any librarian is accountable; such amount when XII. The town superintendent of common schools in each town is required carefully to preserve such cata logues, and deliver them, with the papers of their office. to his successor, who is also required to preserve the catalogues delivered to him, and hand them over to his successor. XIII. Town superintendents of common schools can district in the following cases: not pay over any library money to the trustees of a 1st. If a catalogue, as required by article XI, has not been delivered to them. ed. If the number of books belonging to its library is not stated in the annual report of the trustees. 8d. If it does not clearly appear from such report that the whole of the library money paid to such district the preceding year, have been expended according to law. No part of the library money can be applied to the purchase of a case for the books. These are "the like conditions" referred to in the act authorizing the apportionment of public money to district libraries. 4th. Wherever it appears that any district has expended any portion of its library money in the purchase of any text book used in schools, such as spelling-books, arithmetics, or grammars, or any book clearly im proper to be admitted into a district library. XIV. Whenever town superintendents of common school withhold from any district its library money, they are not to distribute the money among the other dis tricts, but are to report the case and the circumstances to the Superintendent, in order to enable him to exercise the discretion given by the sixth section of the "Act respecting school district libraries." (No. 186.) XV. Whenever in these regulations any act or duty is directed or authorized to be performed by trustees of libraries, the same may be performed by a majority of the trustees at a meeting of the whole number; and when any meeting of the trustees shall have been noti fied, by notice given by any one trustee to the others, a majority of the whole are competent to the transaction of any business, in the same manner as if all were present. But a majority cannot act unless notice has been given to all to attend at the time and place of meeting. XVI Whenever the legal voters of two or more districts desire to unite their library moneys and funds; and purchase a joint library, under the provisions of the 5th section of the act hereto annexed, (No. 184,) a special meeting should be called in each district for the purpose, under a notice specifying the object. The trustees will then transmit to the Superintendent certified copies of the votes, and a statement of the number voting for and against them. They will also furnish statements of the number of inhabitants, the valuations of their property, the amount of library money received in each district, the amount each has voted to raise by tax on the district, and a general description or map of the districts, so as to shew their contiguity; and in all cases where the convenience of the inhabitants will be promoted and the great object of the libraries will be advanced by such a union, the Superintendent will cheerfully give his approbation 10 its being formed. XVII. Where such a union is formed, the preceding regulations will be deemed to apply to the joint library, subject only to the variations prescribed in the before. mentioned fifth section, and such as arise from the nature of the union. A majority of the whole number of trustees of all the districts considered as one body, will be competent to the transaction of business, and to decide all questions which may properly come before them. It is proper to remark that by section 6 of the act relative to common schools, passed May 3, 1939, (No. 166,) a penalty of ten dollars is incurred by every town superintendent of common schools and by every trustee of a school district for refusing or wilfully neglecting to perform any duty required by law or by any regulation of the Superintendent of Common Schools, under the authority of the statute; and they are also liable to their towns and districts for the amount of any loss that may be sustained by reason of such neglect or refusal. DISTRICT LIBRARY REGULATIONS, NO II. Regulations concerning the use of the Books in District Libraries prescribed by the Superintendent of Common Schools pursuant to the third section of the "Act respecting School District Libraries," passed April 15th, 1839. I. The librarian has charge of the books and is responsible for their preservason and delivery to his successor. II. A copy of the catalogue required to be made out by Articles III. and IV. of Regulations No. 1. is to be kept by the librarian, open to the inspection of the inbabitants of the district at all reasonable times. It will be found convenient to affix a copy of it on the door of the bookcase containing the library. III. Books are to be delivered as follows: 1st. Only to inhabitants of the district. 2d. One only can be delivered to an inhabitant at a time; and any one having a book out of the library must return it before he can receive another. 3d. No person upon whom a fine has been imposed by the trustees under these regulations, can receive a book while such fine remains unpaid. 4th. A person under age cannot be permitted to take out a book unless he resides with some responsible inhabitant of the district; nor can he then receive a book if notice has been given by his parent or guardian or the person with whom he resides, that they will not be responsible for books delivered such minor. 5th. Each individual residing in the district, of sufficient age to read the books belonging to the library, is to be regarded as an inhabitant, and is entitled to all the benefits and privileges conferred by the regulations relative to district libraries. Minors will draw in their own names, but on the responsibility of their parents or guardians. 6th. Where there is a sufficient number of volumes in the library to accommodate all residents of the district who wish to borrow, the librarian should permit each member of a family to take books as often as desired, so long as the regulations are punctually and fully observed. But where there are not books enough to supply all the borrowers, the librarian should endeavor to accommodate as many as possible, by furnishing each family in proportion to the number of its readers or borrowers. IV. Every book must be returned to the library within twenty days after it shall have been taken out, but the same inhabitant may again take it, unless application has been made for it, while it was so out of the library, by any person entitled, who has not previously borrowed the same book, in which case such applicant shall have a preference in the use of it. And where there have been several such applicants, the preference shall be according to the priority in time of their applica tions, to be determined by the librarian. Upon application to the Superintendent, the time for keeping books out of the library will be extended to a period not exceeding twenty-eight days, where sufficient reasons for such extension are shown. V. If a book be not returned at the proper time, the librarian is to report the fact to the trustees; and he must also exhibit to them every book which has been returned injured by soiling, defacing, tearing, or in any other way, before such book shall be again loaned out, together with the name of the inhabitant in whose possession it was when so injured. VI. The trustees of school districts being by virtue of their office trustees of the library, are hereby authoriz. ed to impose the following fines: 1st. For each day's detention of a book beyond the time allowed by these regulations, six cents, but not to be imposed for more than ten day's detention. 2d. For the destruction or loss of a book, a fine equal to the full value of the book, or of the set, if it be one of a series, with the addition to such value of ten cents for each volume. And on the payment of such fine, the party fined shall be entitled to the resi due of the series. If he has also been fined for detaining such book, then the said ten cents shall not be added to the value. 3d. For any injury which a book may sustain after it shall be taken out by a borrower and before its return, a fine may be imposed of six cents for every spot of grease or oil upon the cover or upon any leaf of the volume; for writing in or defacing any book, not less than ten cents, nor more than the value of the book; for cutting or tearing the cover, or the binding, or any leaf, not less than ten cents, nor more than the value of the book. 4th. If a leaf be torn out, or so defaced or mutilated that it cannot be read, or if any thing be written in the volume, or any other injury done to it, which renders it unfit for general circulation, the trustees will consider it a destruction of the book, and shall im pose a fine accordingly, as above provided in case of loss of a book 6th. When a book shall have been detained seven days beyond the 20 days allowed by these regulations, the librarian shall give notice to the borrower to return the same within three days. If not returned at that time, the trustees may consider the book lost or destroyed, and may impose a fine for its destruction in addition to the fines for its detention. VII. But the imposition of a fine for the loss or desstruction of a book, shall not prevent the trustees from recovering such book in an action of replevin, unless such fine shall have been paid. VIII. When in the opinion of the librarian any fine has been incurred by any person under these regulations, he may refuse to deliver any book to the party liable to such fine, until the decision of the trustees upon such liability, be had. IX. Previous to the imposition of any fine, two days' written or verbal notice is to be given by any trustee, or Superintendent, either separately or in conjucction with the Supervisor and Town Clerk, relative to the formation or alteration of any School District, or of the Trustees or Librarian, in the discharge of any of the duties devolving upon them, or concerning any other matter arising under the school law of whatever description, is now required to bring his appeal, in the manner and within the time now prescribed by the regulations of the department, to the County Superinten dent, whose decision thereon is final, unless appealed from to this department within fifteen days after ser vice of a copy thereof. the librarian, or any other person authorized by either X. It is the special duty of the librarian to give notice to the borrower of a book that shall be returned injured, to show cause why he should not be fined. Such notice may be given to the agent of the borrower who returns the book; and it should always be given at the time the book is returned. XI. The librarian is to inform the trustees of every notice given by him to show cause against the imposition of a fine; and they shall assemble at the time and place appointed by him, or by any notice given by them, or any one of them; and shall hear the charge and defence. They are to keep a book of minutes, in which every fine imposed by them, and the cause, shall be entered and signed by them, or the major part of them. Such original minutes, or a copy certified by them, or the major part of them, or by the clerk of the district, shall be conclusive evidence of the fact that a fine was imposed as stated in such minutes, according to these regulations. XII. It shall be the duty of trustees to prosecute promptly for the collection of all fines imposed by them. Fines collected for the detention of books, or for injuries to them, are to be applied to defray the expense of repairing the books in the library, Fines collected for the loss or destruction of any book, or of a set or series of books, shall be applied to the purchase of the same or other suitable books. XIII. These regulations being declared by law "obligatory upon all persons and officers having charge of such libraries, or using or possessing any of the books thereof," it is expedient that they should be made known to every borrower of a book. And for that purpose a printed copy is to be affixed conspicuously on the case containing any library, or in one of such cases, if there be several: and the librarian is to call the attention to them of every person on the first occasion of his taking out a book. CASES IN WHICH APPEALS MAY BE MADE, Under the 110th Section of the Common School Act. (No. 160.) I. Where any decision has been made by any School This includes the whole class of cases, in which district meetings have the power to decide on any propo sition or motion that may legally be made to them, under any section of the School Act. II. Where any decision has been made by the Town Superintendent of Common Schools, or by him and the Supervisor and Town Clerk, in the forming or altering, in refusing to pay any school moneys to any district, or in refusing to form or alter any School District, or and under the general provision, "concerning any other from the proceedings of such Town Superintendent in matter under the present title," appeals will also lie any erroneous distribution of public money, in paying it to any district not entitled, or more than it is authorized to receive; and in fact from any official deci sion, act, or proceeding, and from a refusal to discharge any duty imposed by law, or the regulations of the Superintendent, or incident to the duties of his office. school districts in paying any teacher, or refusing to III. Where any decision has been made by Trustees of ously into the school: And under the same general propay him, or in refusing to admit any scholar gratuitgratuitously, in making out any tax list, or rate bill, vision referred to, in improperly admitting any scholar or in any act or proceeding whatever, which they undertake to perform officially; and also for a refusal to discharge any duty enjoined by law, or any regulation of the Superintendent, or incident to the duties of their office. IV. Where Town Superintendents have improperly granted or annulled a certificate or qualification to a teacher, or have refused to grant or annul such certifi cate; and where they have undertaken to perform any official act, or refused to discharge any duty imposed by law or under its authority, in the inspection of teachers and visitation of schools. V. Where Clerks of Districts, Clerks of towns, or other ministerial officers, refuse to perform any duty enjoined by the Common School Act. VI. Where any other matter under the said act, shall be presented, either in conscquence of disputes between districts respecting their boundaries, or any other sub ject; or in consequence of disputes between any offilaws concerning Common Schools, or disputes between cers charged with the execution of any duties under the them and any other person relating to such duties or any of them. Under the 4th Section of the "Act respecting School Dis trict Libraries." (No. 183.) VII. Appeals may be made from any act or decision of trustees or school districts concerning the Libraries, or the books therein, or the use of such books. Appeals to the County Superintendents: (The cases in which the courts will not entertain jurisdiction of complaints of erroneous proceedings under the school laws, and in which only a certiorari will lie, may be inferred from the decision of the Sup. Court in the case of Eaton and others, vs. Calendar, 11 Wend. 90. The plaintiff below was not without his remedy. 1 R. S. 487, 110, 111 and the amendment of the law, 20th April, 1830, provides that "any person conceiving himself aggrieved in consequence of any decision made by the Trustees of any district in paying any teacher, or concerning any other matter under the present title," (which includes the whole of the school act,) "may appeal to the Superintendent of Common Schools whose decision shall be final." This provision was intended for what it practically is, a cheap and expeditious mode of settling most, if not all, of the difficulties and dis-over library money to any district. putes arising in the course of the execution of the law. A common law certiorari would no doubt lie from this court, to the trustees to bring up and correct any erro- XI. All proceedings under any authority conferred by neous proceeding not concluded by an adjudication of this act upon any of the officers connected with the the Superintendent, or in a case where his powers were Common Schools, and all omissions and refusals to inadequate to give the relief to which the party was en-perform any duty enjoined by said act, is subject to ap titled.) peal in the same manner and with the like effect as in cases arising under the 110th section above referred) to. The passage of several acts of the Legislature renders necessary a revision of the regulations concerning appeals: And the following are therefore substituted. for those heretofore established: IX. Any act or decision of any district meeting in relation to their library school. X. Appeals also lie from the acts of Town Superintendents of Common Schools in withholding or paying Under the 40th Section of the Act of 1841, relating to BY WHOM APPEALS ARE TO BE MADE. XII. The person aggrieved by the act complained of, Any inhabitant of a School District conceiving him- only, can appeal. Generally, every inhabitant of a disself aggrieved, in consequence of any proceeding or de-trict is aggrieved by the wrongful act or omission of a cision of any School District meeting, or of the town Trustee or Town Superintendent, by which money or |