pose, to be voted by the inhabitants: 2d. Where this "excepting such sums as may have been collected by mode is not adopted, the trustees are directed by § 85, the teachers," implies that they may collect their wa(No. 124,) to determine the proportion which every per-ges. But this can apply only to the case of voluntary son sending children to school shall be liable to provide, payment, and does not justify trustees in abandoning according to the number sent by each, exempting indi- the means of collection provided by law. gent persons: and 3d. "If any person liable to provide such fuel, shall omit to provide the same, on notice from any one of such trustees, it shall be the duty of the trustees to furnish such fuel, and to charge the person so in default, the value of, or amouut paid for, the fuel furnished," 86, (No. 125,) and to add such amount to his rate-bill, or prosecute for and collect the same. 57, (No. 126.)

Another practice requires notice. It is that of trustees engaging with a teacher that he shall board with the parents of the children alternately. There is no authority for such a contract, and it cannot be enforced on the inhabitants. This compulsory boarding gives occasion to constant altercation and complaint, which often terminates in breaking up the school. The best arrangement is to give the teacher a specific sum and Trustees should see that the respective proportionslet him board himself. But there are some districts so of fuel are promptly furnished by the inhabitants, or destitute that it may afford the inhabitants considera. the amount due, on neglect, promptly collected, ble relief to be permitted to board the teacher. In such The statute uses the term "fuel," which imports cases the object can be obtained in another way. Let wood or other material in a state fit for use. The trus- the trustees contract with the teacher at a specific sum tees should not receive large or green logs, which re- per month, or by the quarter, and they then agree with quire splitting or cutting; but should require the wood him, that if he shall be afforded satisfactory board at to be adapted to the fire place or stove. Unless this is the house of any of the inhabitants, he will allow whatdone by those who are to furnish the fuel, there are no ever sum may be agreed on per week for such board, to means of having it prepared. It cannot be said to be be applied to his wages, and will give an order on the duty of the teacher, or of the pupils, to cut or split, the trustees for the amount, to the person with whom or in any way to prepare the materials sent for use. he boards: and the trustees may then accept such or. Great inconvenience has been frequently experienced der from the inhabitants, as payment to that extent upfrom the omission to supply proper fuel, and the schools on his tuition bill, and deduct it from the amount to be have often been dismissed in consequence. paid the teacher, after having paid him the whole of the public money.

It is strongly recommended, that all contracts with

V. The employment of teachers and their teachers be made in writing, and a duplicate kept by payment, and the making out and col-each party. In no other way can justice be done to lecting of rate-bills.

1. Contracts with Teachers.

By sub. 7 of 75, (No. 103.) trustees are "to contract with and employ all teachers in the district."

the parties in case of any dispute.

The power of the trustees to contract with and emplov teachers, cannot be controlled by the inhabitants: although it should never be exercised unless under very peculiar circumstances, in opposition to the known wishes of a decided majority of the district.

2. Mode of paying Teachers. This is specifically provided for by § 75, (No. 103,) above referred to. By subdivision 8, the trustees are to pay the wages of such teachers, when qualified, out of the moneys which shall come into their hands from town superintendents of common schools, so far as such moneys shall be sufficient for that purpose; and to collect the residue of such wages, excepting such sums as may have been collected by the teachers, from all persons liable therefor."

The most fruitful source of difficulty in school districts, and of applications to the superintendent, has been the looseness and irregularity with which these contracts have been made. In some districts the trustees have agreed to pay the teacher the whole amount of public" money that should be received, be it more or less. This is unjust to the teacher or the district, and has almost always led to contention. The agreement should be to pay him a specific sum by the month or by the quarter, adequate to the value of his services. If the public money is not sufficient, the deficiency should be supplied by a rate-bill. It is not to be believed that any intelligent citizens will consider that sordidness to be economy, which prefers that their children should be brought up in ignorance, or instructed in error, rather than contribute the mere trifle which will secure them an education, at least sound and accurate, as far as it goes. When the rewards which other professions and avocations hold out to talent, knowledge and industry, are so liberal, how can it be expected that persons, competent to the great business of instruction, should devote themselves to it for a compensation inadequate to their support?

If the public money should be more than sufficient to remunerate the teacher, the tustees should consider whether they may not establish another school, or a distinct department. A large amount of public money, indicates a large number of children over 5 and under 16, and of course there will be the materials for a large school, or for more than one, esecially if they are of a character to command respect aud inspire confi

dence.

By subdivision 9, 10, 11, 12, 13 and 14, they are: "To divide the public moneys received by them, whenever athorized by a vote of their district, into not exceeding four portions for each year; to assign and apply one of such portions to each quarter or term during which a school shall be kept in such district, for the payment of the teacher's wages during such quarter or term; and to collect the residue of such wages, not paid by the proportion of public money allotted for that purpose, from the persons liable therefor,as above provided:

"To exempt from the payment of wages of teachers, such indigent persons within the district as they shall think proper:

"To certify such exemptions, and deliver the certifi cate thereof to the clerk of the district, to be kept on file in his office:

To ascertain by examination of the school lists kept by such teachers, the number of days for which each person not so exempted, shall be liable to pay for instruction, and the amount payable by each per

son:

It is strongly recommended that wherever it shall be practicable, there be a separate school for boys under To make out a rate bill containing the name of each the charge of a male teacher, and another for girls,person so liable, and the amount for which he is liable, under a female. adding thereto five cents on each dollar of the sum due from him, for collector's fees; and to annex thereto a warrant for the collection thereof and

"To deliver such rate bill, with the warrant annex.

Should there be a surplus of public money after paying a fair and just equivalent to the teachers who can be usefully employed, the district will always be relieved from the consequences of not expending the whole, up-ed, to the collector of the district, who shall execute on application to the superintendent. the same in like manner with other warrants directed to him by them."

A practice prevails to some extent. of contracting with teachers that they shall collect the rate-bill, or By 13, of the act of 1941, (No. 104,) "the trustees the sum that may be deficient after applying the of any school district are authorized to exempt any inpublic money. This is wholly illegal, and is sure digent person from the payment of the teacher's wages, to involve trustees and teachers in difficulty. The de-either in part or wholly, and shall certify the whole ficiency must be collected by the trustees, by warrant, amount of such exemption in any one quarter or term. annexed to a rate-bill, and delivered to the collector. and the same shall be charged upon such district." And The Superintendent has constantly refused to interfere By 30, of the same act, (No. 106,) where by reain all cases where any arrangement for the collection son of the inability to collect any tax or rate bill, there teachers' wages, other than that prescribed by law has shall be a deficiency in the amount raised, the inhabi been made; and he will steadily continue such refusal.itants of the district, in district meeting, shall direct The expression in sub. 8 of § 75, Rev. Stat. (No. 103,) the raising of a sufficient sum

to supply such defi

There will still remain $3-10 of the amount due the teacher for his wages, being the amount of exemptions by the trustees; and this sum must be levied by tax on all the taxable inhabitants of the district and corporations holding property therein, in the same manner as though such amount had been actually voted by the district to be raised. If the teacher can wait upon the district, or the trustees choose to advance the money in its behalf, the amount may be added to the next tax that may be voted for district purposes. It should, however, be assessed within a reasonable time; and wherever the amount of exemptions is sufficient to warrant an immediate assessment, it should at once be levied.The trustees must exercise a sound discretion in this

respect, with reference to the amount to be raised, and the probability of an early opportunity to add it to some district tax.

Any inhabitant of the district liable for the payment of teachers' wages, may pay his proportion to the teacher, at any time before the rate bill is actually made out; and such payment exempts him, to the extent so paid from the operation of the rate bill. The language of the 8th subdivision of § 12, (No. 103,) recognizes the right of collection on the part of the teacher; although, as before remarked, its exercise is, as a general rule, inexpedient. Where any portion of his bill is thus collected by the teacher, notice of the amount, and the name of the inhabitant paying it, should be given to the trustees at the time of furnishing them with the list of pupils; and the amount so paid must be allowed to the credit of the person paying it. But the whole sum for which the rate bill and preliminary assessment is made out, is not to be varied by the fact of such payment; credit only is to be given for the advance to the teacher in the rate bill; as otherwise. by diminishing the sum to be raised by the amount so paid, a double assessment on the person paying, would be the consequence.

VI. Annual Reports of Trustees.

I. When Annual Reports of Trustees are to be

made.

The statute, § 91, (No. 136,) requires that trustees shall make their annual reports on before the rst of Marek in each year. The report includes the transac tions of the year ending the last day of the preceding December. As they have two months to make their report, there is no excuse for deferring it beyond the first of March. If the trustees make their reports at an early day, the town sup't will have time to examine them and return them for correction, when found defec

tive.

If a report does not show a compliance with the law, the town sup't can not apportion to the district a share of the school moneys; and if the presentation of the report is delayed until the day of the apportionment, no time will be left for returning it to the trustees, and the district will lose its public money, leaving only the remote coutingency of showing a case, which will justify the Superintendent of Common Schools in allow. ing the loss to be made up at the next year's apportionment. Even if his interposition is obtained, great inconvenience and embarrassment are inevitable through the loss of the public money one year, and the receipt of a double portion the next.

When trustees go out of office between the last of December and the first of March, they should promptly make out their report before the expiration of the term of office, and deliver it to their successors. This will save them and their successors much trouble, and will much facilitate their receipt of the public money.

for signing a false report, with intent to procure a
greater share of public money than the just proportion
of their district. § 96, (No. 145.)

2. Report, what to contain.

In addition to the particulars required by § 92, (No.
137.) trustees are, by § 1 of chap. 241, laws of 1837,
(No. 138,) to state the amount of money paid for teach-
ers' wages, in addition to the public money received
from the commissioners.

By virtue of the authority conferred on the superin-
tendent, by the same section, they are also hereby re-
quired, hereafter to state in their annual reports,
1. The number of books belonging to their district li-
brary on the last day of December in each year:
2. The number of times the school in their district
has been inspected and visited by the superintendent,
and the number of times such school has been inspect-
ed by the town superintendent during the year re-
ported:

3. The names of the several school books in use in the
school in their district during such year:

4. The number of pupils who have attended the school in said district for a term less than two months, during the said year; the number attending two and less than four months; the number attending four and less than eight months; the number attending eight and less than six months; the number attending six and less than ten months; the number attending ten and less than twelve months; and the number attending twelve months:

5. The number of select and private schools in their district, other than incorporated seminaries, and the average number of pupils attending them during the preceding year:

6. The number of colored children between the ages of 5 and 16 years, attending any school for such children established in the district, and instructed therein at least four months by a teacher duly licensed, specifying the number attending from different districts, designating such districts, and the number from each, the amount of public money received from the commissionof their report, and the amount paid for the compensa. ers for such schools during the year ending with the date tion of such teacher, over and above the public money so received.

One of the most important items in the annual report
of trustees, is the number of children residing in the
district between the ages of five and 16, as it affords the

most sure and practical test of the progress of primary
education. There is reason to believe, as has been
heretofore remarked, in the instructions to commis-
sioners (see page 116 ante,) that the reports have been
very inaccurate in this respect. Some difficulty has, it
is true, been experienced in determining with the requi-
site precision, the children proper to be included within
the boundaries of the several districts; but the specific
provisions of the late act, § 34, (No. 140,) will, it is be-
lieved, remove every difficulty of this kind. By that
section it is required that the reports shall include all
children over 5 and under 16, who, at the date of the re-
port, are actually in the district, composing part of the
family of their employers, &c. residing at the time in
the district, although such residence,-that is, of the
employers, parents, &c. be temporary. But children
belonging to the family of a person who is an inhabitant
of another district, are not to be included. If, there-
fore, a person who is not an inhabitant of some other
district, resides temporarily in a given district, all the
children belonging to his family are to be reported.-
The law embraces a class of persons who were not be-
fore enumerated in any district :-those whose parents
or employers had not gained a residence in the State

VII. Trustees accounting to their Succes-
sors, paying over balances and deliver-
ing papers to them.

When the term of office of the trustees expires, after the annual distribution is made, and before the first day By6, of the act of 1839, (No. 166,) trustees of school of January, their successors are often put to great and districts will perceive that a penalty of ten dollars is unnecessary trouble to obtain the information indisimposed for refusing or wilfully, neglecting to make any pensable to enable them to make their annual reports. report or to perform any other duty required by law or They are, by law, [section 98, No. 149,] required to ren by the regulations or decisions of the superintendent, der an account, in writing, of all moneys received, made under the authority of any statute; and they are and the manner in which the same was expended.' referred to the foregoing instructions to supervisors for Even this is too often neglected, and the succeeding the views of the superintendent respecting the execu- trustees are unable to state that the public money has tion of this provision. They are also liable to a penal- been applied to a qualified teacher, and of course the ty of $25, and to be deemed guilty of a misdemeanor, || district loses its money. Trustees guilty of such ne

between the I and 15 of Jav

glect, not only subject themselves to a penalty of ten of their term of office, and to apply the money recoverdollars, but are liable also, individually, for the amounted to the use and benefit of their school; and by § 102, (No. 152,) in connection with § 40, (No 48,) they are authorized to prosecute for any unpaid balance in the hands of a former trustee, or his representatives, and directed to apply the amount recovered to the use of the district, in the same manner as if they had been paid without suit.

of money thereby lost to the district. As they are now required, by § 11 of the act of 1941, (see No. 122,) to keep a book in which they are to enter all moneys received and paid by them, and all moveable property belonging to the district, there can be no difficulty in complying with the law respecting the rendering their accounts.

But the rendering of full accounts of money received and expended, is not sufficient to enable succeeding trustees to perform their duties, or to make out their reports. They cannot collect money that may be due a teacher, without knowing what scholars have attended the school, and how many days. They cannot raise the means of paying for fuel or other lawful expenses, without knowing what expenses have been incurred, and remain unpaid. To reach this evil, the following regulation is hereby established:

By 109, (No. 159,) they are also authorized to prosecute for the recovery, with interest and costs, of all forfeitures incurred by a collector, and unpaid balances in his hands, and to apply the moneys recovered in the same manner as if paid without suit.

By 9, of the act of 1841, (No. 73,) trustees are to prosecute for the recovery of the fine of ten dollars, with costs of suit, imposed upon any inhabitant voting at any school district meeting without being qualified. 2. Suits against Trustees.

Whenever trustees of school districts go out of office, they shall, in addition to the account they are required It is conceived that an essential service may be renby law to render to their successors, furnish them with, dered to officers connected with common schools, by 1. A written statement of all contracts entered into informing them of some general principles to show the by them, remaining unpaid, in whole or in part, whe-extent of their liability to suits by individuals. ther made with teachers or any other person, the Officers required by law to exercise their judgments are not answerable for mistakes of law, or mere errors amount paid by them on such contracts, and the sum remaining due: of judgment, without any fraud or malice Jenkins vs. 2. If there be any sum due from parents, or for which Waldron, 11th Johnson's Reports, 114. they are liable for the tuition of their children, the A public officer who is required by law to act in certrustees shall furnish their successors a list of the tain cases, according to his judgment or opinion, and scholars who attended school during the time such lia- subject to penalties for his neglect, is not liable to a bility accrued, and the number of days they respective-party for an omission arising from a mistake, or want ly attended: of skill, if acting in good faith. Seaman vs. Patten, 2nd

3. Unless they go out of office on the 1st day of Janu-Caine's Reports, 312. ary in any year, they shall also furnish their successors with a written statement of the time a school has been kept in the district since the 1st of January, by a teacher who has received the certificate required by law, naming such teacher:

But an officer entrusted by the common law or by statute is liable to an action for negligence in the performance of his trust, or for fraud or neglect in the execution of his office. Jenner vs. Joliffe, 9 John. Rep. 381. And an officer who commands an act to be done by 4. And whenever they go out of office during a term issuing a warrant or other process, if he act without of the school not then ended, they shall furnish a simi-jurisdiction of the subject matter, or of the person, is lar statement, of the time a school has been kept, by liable as a trespasser. Horton vs. Auchmordy, 7 Wenwhom, and the names of the scholars attending during dell, 200. But if he have jurisdiction, errors in judgsuch term, with the number of days of their attendancement do not subject him to action. respectively:

Mere irregularities in proceedings will not render an

5. They are also to deliver over the book of "Com-officer, having discretionary powers or acting as a mon School Decisions and Laws," the instructions and Circulars they may have received from the superintendent, the catalogue of the district library, and all other papers and documents relating to their office, and they are to furnish all information to their successors, as to any official act or duty, that may be required by them.

VIII. Suits by and against Trustees.

1. Suits by Trustees.

By 4, of chap. 44, laws of 1831, (No. 88,) trustees are authorized to sue for and recover the moneys due upon any security taken by them, or their predecessors in office, on the sale of the school-house and site of their district, in the cases provided for by that section, with interest and costs.

By 87, R. S. (No. 126,) the trustees are authorized to sue for and recover the value of, or amount paid for, the proportion of fuel which any inhabitant of the district shall neglect to provide, on notice, together with costs of suit.

By 99, (No. 133,) trustees are athorized to prosecute for the amount due on a tax list or rate bill, against non-residents of their district, where no goods or chattels can be found in the district whereon to levy.

judge, liable to a civil suit. There is a large class of cases, in which the remedy is only by plea to the proceedings or by writ of error. See Butler vs. Potter, 17 Johns. 145, and Griffin vs. Mitchell, 2 Cowen's Rep. 549. The collector or other officer who executes process, has peculiar protection. He is protected, although the court or officer issuing such process, have not, in fact, jurisdiction of the case; if on the face of the process it appears that such court or officer had jurisdiction of the subject matter, and nothing appears in such process to apprise the officer but that there was jurisdiction of the person of the party affected by the process. Savacool vs. Boughton, 5 Wendell's Reports, 170.

A contract made by all the trustees, and signed by two, is binding; and where a contract is signed, or a warrant issued, by two trustees, the presence of the third will be presumed until the contrary be shown. Two trustees can contract against the will of the third, if he was duly notified of a meeting of the trustees, or was consulted and refused to act. McCoy vs. Courtree, 9 Wendell, 17.

Where a district votes a tax to purchase a new site and build a school-house thereon, where the consent of the town superintendent had not been obtained for a change of the site, (the district not being an altered one,) the trustees are liable in trespass for making out a tax list and issuing a warrant for the collection of such tax, on the ground that the district had no authority to vote such tax. Baker vs. Freeman, 9 Wendell, 36.

Trustees are not liable as trespassers for omitting to insert the names of all the taxable inhabitants in the tax list, where there is no evidence of bad faith on their part. Easton vs. Calendar, 11 Wendell, 90.

By 90, (No. 135,) they are directed, in case the moneys apportioned to their district are withheld, to prosecute for the recovery thereof, with interest, against the officer in whose hands the same shall be, or to pursue such other remedy for the recovery thereof as is or shall be given by law. This provision, it is supposed, is applicable only to cases of illegal detention in the hands of the town superintendent, of money apportioned to a district, and not to the withholding of such money in consequence of the discovery of some illegality or informality in the reports from the districts. Where the right of the district to its share is incontestible, and the amount is still withheld for any reason, the trustees are directed to prosecute; and the proper remedy in such a case, would be an action of assumpsitnite sum as a tax for building a school-house, or any for money had and received to the use of the district against such town superintendent.

By 101, (No. 151,) trustees are directed to prosecute their predecessors for the recovery of the forfeiture of $25, incurred by a refusal or neglect to account, or to pay over any balance due from them, on the expiration

Subordinate tribunals are not liable as trespassers for acts done growing out of an error of judgment. Ib. Trustees are liable in trespass for making out their tax list upon any other basis than the last assessment roll of the town, after it has been reviewed and finally settled by the assessors. Alexander vs. Hoyt, 7 Wen. 89. Inhabitants of a district must vote a precise and defi

other purpose, and trustees will not be authorized to issue their warrant to levy a tax under a general vote. Robinson vs. Dodge, 18 Johns. 351.

Trustees in office are liable on the contracts of their predecessors for the employment of teachers, personally, because they have the means of indemnifying them

selves, and those who made the contract are not liable
after the expiration of their term of office. Silver vs.
Cumming, 7 Wendell, 191.
The court intimate a distinction between those cases
where the trustees are not to act unless money is previ-
ously raised, and those where it is to be collected sub-
sequent to the performance of the work. In the first
class of cases they are not to incur responsibilities be-
yond the means in their possession; they render them-
selves personally responsible, and their successors are
not holden. The first class of cases would seem to in
clude those only which are specified in sub. 5, of $75,
(No. 103,) and those in which blank books, maps, globes,
black boards, and other school apparatus may be pro-
cured by means of a previous tax. In these cases suc-
cessors are supposed not to be liable, unless money
comes into their hands for the purpose.

In all other cases, it is supposed successors are liable on the contracts of their predecessors.

It is quite important to trustees to know that the decisions of this department have been, uniformly, that their costs in any suit cannot be paid by a vote of the district to levy a tax for that purpose; as the only purposes for which a tax can be voted are specified in the statutes, and this is not among them.

faithful disbursement. One has as much right to its custody as another. The simple fact, therefore, that public money has been received by one and misapplied, cannot in itself render the others liable.

It would seem that there should be some act of omission or commission on the part of the others to render them liable for the misconduct of their associate; and here the following rule seems better adapted to the case:

3. If one trustee wrongfully suffer the other to detain the trust money a long time in his own hands without security, or should lend it to him on his simple note, or should join with the other in lending it on insufficient security, in all such cases he would be held liable for any loss. Of course, a trustee who has connived at or been privy to an embezzlement of the trust money would be liable. And if it be mutually agreed between them that one shall have the exclusive management of one part of the trust property, and the other of another part, both would be liable for the acts of each.

Considering the equal rights and powers of each trustee, that the law has made no provision for requiring security from them, and the gross injustice of making an officer responsible for the misconduct of an associate over whom he has no control, they ought not to be held liable for each other's acts, unless there be some evidence of participation or connivance, like those specified in the third class of cases above mentioned.

1. Schools for Colored Children.

Ey section 103, of Title 4, Ch. 8, Part 3, Rev. Stat. p. 476, vol. 2, 1st edition, [§ 112, p. 390, 2d edition. vol. 2, It is provided that in suits against trustees of school districts, and other officers, the debt, damages or costs recovered against them, shall be collected in the same manner as against individuals; and the amount so collected shall be allowed to them in their official ac- By 15, of the act of 1841, (No. 168,) a school for counts." It is presumed that this provision does not colored children may be established in any district, with relate to actions for personal delinquencies, but to the approbation of the town superintendent, which is those only which arise out of an official duty. As the to be under the charge of the trustees of the district in recoveries are to be allowed them in their accounts," which such school is established. Trustees in their anit is implied that they may retain the amount of monual reports are also required particularly to specify neys in their hands, and set off the sums recovered. the number of such children over five and under sixteen But this cannot apply to the public school moneys paid years of age attending such school from different disto them for the purpose of employing teachers, as those tricts, naming such districts respectively, and the nummoneys are specifically appropriated by law to that ber from each attending for four months, and instructed purpose, and cannot be diverted to any other. by a duly qualified teacher, which report is to form the The provision of § 33, of the act 1841, (No. 167,) abun-basis of an apportionment to such school, of a share of dantly protects trustees, and all other officers from the public money. costs, in cases where they act in good faith; especially as they have now the means of correcting any error in any tax list or rate bill, by application to the superin

tendent.

The provisions contained in this section are more particularly applicable to those cities and large villages where no special legal provisions have been made for the instruction of colored children. The means providQuestions respecting the liability of trustees for their ed, are, it is true, altogether insufficient to meet the joint acts, and for the acts of each other, are frequent-expense which must necessarily be incurred in the orly presented. It becomes proper to state the grounds ganization of these schools; and inasmuch as the class and limits of their responsibility in this respect, that of community for whose special benefit they are intendthey may be better enabled to guard against its conse-ed are generally unable to contribute to such expense, in any considerable degree, the object in view can selquences. The object being to secure fidelity to the trust and to dom be fully attained, but through the efforts of chari prevent negligence and fraud, the rules which govern in table and benevolent individuals in the several districts, the cases of executors, guardians and other private from which the colored schools are composed. These trustees, must be applicable to officers holding a simi-efforts have hitherto been paralyzed from the absence lar fiduciary relation to the public, and therefore the of any legal power to effect the necessary organization principles which have been settled in those cases by the and the provision now made was, doubtless, intended courts, will be the guide in determining the extent of to supply that defect, and to furnish a nucleus around their liability. which the benevolent exertions of the friends of education and humanity might be concentrated. If, however, in any of the country districts, a colored school can be organized and efficiently kept up for the requisite length of time, it is hoped no efforts will be spared to carry into effect the provisions of the section. Colored children are entitled equally with all others, to the privi leges and advantages of the district school: and wherev er they can be grouped together in a separate school, under the charge of a competent teacher, they will be far more likely to derive the full benefits of such in

The general rule, as laid down by an eminent jurist, (Story on Equity Jurisprudence,) and sustained by the adjudged cases, is, that joint trustees are responsible only for their own acts, and not for the acts of each other, unless they have made some agreement by which they have expressly agreed to be bound for each other; or have, by their voluntary co-operation or connivance, enabled the other to accomplish an object in violation of the trust This rule is exemplified in the following

cases:

and condition, while at the same time, the disadvantages inseparable from their attendance at the district school, will be avoided.

1. Where money has been received jointly, all are instruction as may be best adapted to their circumstances general liable for its application, and a joint receipt is presumptive evidence of the fact that it came to the hands of all; but either may show that his joining in the receipt was formal or necessary, and that the whole of the money was in fict received by his companions. And if it was misapplied before there was a reasonable opportunity to control it, he would not be responsible. 2. When by any positive act, direction or agreement of one joint trustee, the money is paid over and comes to the hands of the others, when it might and should have been otherwise controlled or secured by both, then each will be chargeable for the whole.

There is great difficulty in applying this rule to the case of trustees of common schools. The money for distribution cannot be in the hands of more than one; there are ordinarily no means of insuring a control over it by all, by depositing it in a bank or other place of security, and I know of no authority by which any two trustees could require the third to give security for its"

2. Bond to be required of the Collector. Trustees are authorized by 106, (No. 156,) to require of the collector of their district, before delivering to him any warrant for the collection of moneys, to execute a bond to them, in their corporate name, with one or more sureties, to be approved by one or more of their number, in double the amount to be collected, conditioned for the due and faithful execution of the duties of his office and in case any collector shall not execute such bond within the time allowed him by the trus tees for that purpuse, which shall not be less than ten days, his office is vacated, and the trustees are authoriz ed to appoint any other person residing in the district as collector in his place."