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No. 139—[š 119.] The trustees of school districts shall not enumerate and include in their annual reports any Indian children residing on Indian reservations where schools are taught. . . No. 140—[š 120.] All children included in the reports of the trustees of any school district shall be entitled to attend the schools of such district; and whenever it shall be necessary for the accommodation of the children in any district, the trustees thereof may hire, temporarily, any room or rooms for the keeping of schools therein, and the expense thereof shall be a charge upon such district. - - - - - - - . . . . . No. 141—[S 121.] Where a school district is formed out of two or more adjoining towns, it shall be the duty of the trustees of such district to make and transmit a report to the town superintendent for each of the towns out of which such district shall be formed, within the same time, and in the same manner, as is required by sections one hundred and fifteen, and one hundred and sixteen of this act; distinguishing the number of children over the age of four and under twenty-one years, residing in each part of a district which shall be in a different town from the other parts, and the number of children taught, and the amount of school moneys received from each part of the district,
No. 142—[S 122.] Where any neighborhood shall be set off
by itself, the inhabitants of such separate neighborhood shall annually meet together and chose one trustee; whose duty it shall be every year, within the time limited for making district reports, to make and transmit a report in writing, bearing date on the first day of January, in the year in which it shall be transmitted, to the town superintendent of the town from which such neighborhood shall be set off, specifying the number of children over the age of four and under twenty-one years, residing in such neighborhood, the amount of moneys received from the town superintendent since the date of last report, and the manner in which the same has been expended. . . No. 143—[$ 123.]. Every trustee of a school district, or separate neighborhood, who shall wilfully sign a false report to the town superintendent of his town, with the intent of causing such town superintendent to apportion and pay to his district or neighborhood, a larger sum than its just proportion of the school moneys of the town, shall for each offence, forfeit the sum of twenty-five dollars, and shall also be deemed guilty of a misdemeanor.
No. 144—[$ 124.]. All property now vested in the trustees of any school district, for the use of schools in the district, or which may be hereafter transferred to such trustees for that purpose, shall be held by them as a corporation. . . . . No. 145—[$ 125.] The trustees of each school district shall, once in each year render to the district, at its annual district meeting, a just and true account in writing, of all moneys received by them respectively for the use of their district; and of the manner in which the same shall have been expended, which account shall be delivered to the district clerk, and be filed and recorded by him. No. 146—[$126.] Any balance of such moneys, which shall appear from such account to remain in the hands of the trustees, or either of them, at the time of rendering the account, shall immediately be paid to some one or more of their successors in office. . . . . . No. 147—[$ 127.] Every trustee who shall refuse or neglect to render such account, or to pay over any balance so found in his hands, shall for each offence forfeit the sum of twenty-five dollars. No. 148—[š 128.] It shall be the duty of his successors in office to prosecute, without delay, in their name of office, for the recovery of such forfeiture; and the moneys recovered shall be applied by them to the use and benefit of their district schools, No. 149—[S 129.] Such successors shall also have the same remedies for the recovery of any unpaid balance in the hands of a former trustee, or his representatives, as are given to the town superintendent againt a former town superintendent and his representatives; and the moneys recovered shall be applied by them. to the use of their district, in the same manner as if they had been aid without suit. s No. 150—[S 130.] Every trustee of a school district who shall, while in office, neglect or refuse annually to render an account of the moneys received by him as such trustee, shall for each offence forfeit the sum of twenty-five dollars; and it shall be the duty of the town superintendent of the town in which such trustee may reside, to prosecute, without delay, in his name of office, for the recovery of such forfeiture; and the moneys recovered shall be applied by such superintendent to the use and benefit of the district school of the district to which such defaulting trustee shall belong. * No. 151—[S 131.] Such town superintendent shall also have the same remedies for the recovery of any unpaid balance of moneys, in the hands of such delinquent trustee, in office, as are given to the town superintendents in office, against a former town superintendent; and the moneys recovered shall be applied by such town superintendent to the use of the district to which the same may belong, and be paid over to the trustee or trustees of such district, who are not in default. . . . . No. 152—[S 132.] Any person conceiving himself aggrieved in consequence of any decision made, 1. By any school district meeting. : - x . . . 2. By the town superintendent in the forming or altering, or in refusing to form or alter any school district, or in refusing to pay any school moneys to any such district: 3. By the trustees of any district, in paying any teacher, or refusing to pay him, or in refusing to admit any scholar gratuitously into any school :
4. Or concerning any other matter under the present title may appeal to the superintendent, who is hereby authorized and required to examine and decide the same, and the decision of the state superintendent shall be final and conclusive.
of school district libraries,
No. 153—[$ 133.] The taxable inhabitants of each school district in the state, shall have power when lawfully assembled at any district meeting, to lay a tax on the district not exceeding ten dollars in any one 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: The intention to propose such tax, shall be stated in the notice required to be given of such meeting. - - No. 154—[$ 135. The taxes authorized by the foregoing section to be raised, shall be assessed and collected in the same manner as a tax for building a school house. No. 155—[S 136.] The sum of fifty-five thousand dollars, directed to be distributed to the several school districts of this state, by the fourth section of chapter two hundred and thirty-seven of the laws of eighteen hundred and thirty-eight shall continue to be applied to the purchase of books for a district library, until otherwise directed; but 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 on hundred volumes, the inhabitants of the district qualified to vote therein, may, at a special or annual meeting duly notified for that purpose, by a majority of votes, appropriate the whole, or any part of the library money belonging to the district for the current year, to the purchase of maps, globes, black boards,or other scientific apparatus, for the use of the school: And in every district having the required number of volumes in the district library, and the maps, globes, black-boards, and other apparatus aforesaid, the said moneys, with the approbation of the state superintendent, may be applied to the payment of teachers' wages. . No. 156—[S 137.] The trustees of every school district shall be trustees of the library of such district; and the property of all books therein, and of the case and other appurtenances thereof, shall be deemed to be vested in such trustees, so as to enable them to maintain any action in relation to the same: It shall be their duty to preserve such books and keep them in repair; and the expenses incurred for that purpose, may be included in an tax list to be made out by them as trustees of a district, and added to any tax voted by a district meeting, and shall be collected and paid over in the same manner: The librarian of any district library shall be subject to the directions of the trustees thereof, in all matters relating to the preservation of the books and appurtenances of the library, and may be removed from office by them for wilful disobedience of such directions, or for any wilful neglect of duty. - No. 157—[S 138.] Trustees of school districts shall be liable to their successors for any neglect or omission, in relation to the care and superintendence of district libraries, by which any books therein are lost or injured, to the full amount of such loss or injury in an action on the case, to be brought by such successors in their name of office. - - - No. 158—[š 139.] A set of general regulations respecting the preservation of school district libraries, the delivery of them by librarians and trustees to their successors in office, the use of them by the inhabitants of the district, the number of volumes to be taken by any one person at any one time or during any term, the periods of their return, the fines and penalties that may be imposed by the trustees of such libraries for not returning, for losing or destroying any of the books therein, or for soiling, defacing, or injuring them, and the conditions upon which any school district may apply the library money to the payment of teachers' wages, may be framed by the state superintendent, and printed copies thereof shall be furnished to each school district of the state; which regulations shall be obligatory upon all persons and officers having charge of such libraries, or using or possessing any of the books thereof. Such fines may be recovered in an action of debt, in the name of the trustees of any such library, of the person on whom they are imposed, except such person be a minor; in which case they may be recovered of the parent or guardian of such minor, unless notice in writing shall have been given by such parent or guardian to the trustees of such library, that they will not be responsible for any books delivered such minor : And persons with whom such minors reside shall be liable in the same manner and to the same extent, in cases where the parent of such minor does not reside in the district. No. 159—[$ 140.] Any person conceiving himself aggrieved by any act or decision of any trustees of school districts, concerning district libraries, or the books therein, or the use of such books, or of any librarian, or of any district meeting in relation to their school library, may appeal to the state superintendent in the same manner as provided by law. No. 160—[S 141.] The legal voters in any two or more adjoining districts may, in such cases as may be approved by the town superintendent, unite their library moneys and funds as they shall be received or collected, and purchase a joint library for the use of the inhabitants of such districts, which shall be selected by the trustees thereof, or by such persons as they shall designate, and shall be under the charge of a librarian to be appointed by
them ; and the foregoing provisions of this act shall be applicable to the said joint libraries, except that the property in them shall be deemed to be vested in all the trustees, for the time being, of the districts so united. And in case any such district shall desire to divide such library, such division shall be made by the trustees of the two districts whose libraries are so united, and in case they cannot agree, then such division shall be made by the town superintendent. * . . . . . . . . No. 161—[S 142.] Where, by reason of the non-compliance with the conditions prescribed by law, the library money shall be withheld from any school district, the same may be distributed among other districts complying with such conditions, or may be retained and paid subsequently to the district from which the same was withheld, as shall be directed by the state superintendent according to the circumstances of the case. - . No. 162—[S 143.] The state superintendent whenever requested by the trustees of a school district, under the directions of the legal voters of such district, may select a library for their use, and cause the same to be delivered to the clerk of the county in which such district is situated, at its expense.
SEc. 172.-County clerk to report to the superintendent of com. mon schools ; what, and when. - • 2 . SEc. 173.—Forfeiture for neglecting it. SEc. 174.—Who to prosecute for it, and where paid when recovered. * , Sec. 175.--Duty of county clerk when commissioners [town superintendents] do not report. - . . . . .
Wo. 163–$ 172. [š 112.] It shall be the duty of each county clerk, between the first day of August and the first day of October, in every year, to make and transmit to the superintendent of common schools, a report in writing, containing the whole number of towns in his county, distinguishing the towns from which the necessary reports have been made to him by the town superintendent of common schools, and containing abstracts of all such reports in such form as the state superintendent shall direct. No. 164—$ 173. [S 113.] Every clerk who shall refuse or neglect to make such report, within the period so limited, shall, for each offence, forfeit the sum of one hundred dollars to the use of the school fund of the state. . No. 165–$174, [$ 114.] It shall be the duty of the superintendent of common schools to prosecute without delay, in his name of office, for such forfeiture, and to pay the moneys recovered, into the treasury of the state, to the credit of the school fund.