L B 20 bOt> I/^^ENERAL STATUTES (Lommonteltjj of l RELATING TO THE PUBLIC SCHOOLS, ALTERATIONS AND AMENDMENTS To 1870. BOSTON: WRIGHT & POTTER, STATE PRINTERS, 79 MILK STREET (COKXEK OF FEDERAL). 1875. GIFT OF THE GENERAL STATUTES dbommonfoealtjj of RELATING TO THE PUBLIC SCHOOLS, ALTEKATIONS A]STD AMENDMENTS To 1876. BOSTON: WRIGHT & POTTER, STATE PRINTERS, 79 MIXK. STREET (CORNER OP FEDERAL). 1875. N O T E Soon after the publication of the General Statutes, Mr. Bout- well published as a part of the Twenty-fourth Report of the Secretary of the Board, the school laws as then just revised, with a valuable commentary. This report gave valuable aid to the teachers and to all persons having the supervision of the schools. The edition becoming exhausted, a pamphlet edi- tion of the school laws was published in 1867, embracing all the amendments made up to the time of publication, without note or comment, except that references to the early amend- ments, to the Acts and Resolves previous to the General Stat- utes, and to the decisions of the supreme court, were noted in the margin. Although a large edition was printed, it is now exhausted ; moreover, numerous and important changes in the laws have been made in the interim, making it difficult to ascertain the state of the laws in many important particulars, so that there is an urgent demand for another revised edition. To meet this demand is the main business of this Report. In preparing this edition I have endeavored to incorporate the amendments with the text of the several chapters, wherever this could be done without a change of the language of the amendment ; when this was not practicable, the amendment is printed as a whole immediately following the section or sections to which it applies. In either case the new matter is enclosed in brackets, thus [ ], with marginal references to chapter quoted and the date thereof. Following each chapter will be found brief comments upon the more important sections, taken in considerable part from the twenty-fourth report, also enclosed in brackets. In addition to these are the decisions of the supreme judicial court, in such cases as have arisen for adjudication. This is a new, and, I cannot but think, a valuable feature. The comments and decisions are printed at the close of each chapter, and the several sections to which they refer are indi- cated by their number thus (Sect. 4.) QQf 3 LAWS KELATING-.TO PUBLIC SCHOOLS. ANCIENT LAWS. "Forasmuch as the good Education of Children is of Singular Laws of 1642, behoofe and benefit to any Commonwealth, and whereas many Parents and Masters are too indulgent and neg- ligent of their duty in that kind ; " It is Ordered, that the chosen men for managing the prudentials of every Town, in the several Precincts and quarters where they dwell, shall have a vigilant eye over their neighbors, to see, First that none of uieni shall suffer so much Barbarism in any of their families, as not to endeavor to teach, by themselves or others, their Children and Apprentices, so much learning as may enable them to read perfectly the English tongue, and a knowledge of the Capital Laws, upon pen- alty of twenty shillings for each neglect therein." " It being one chiefe project of that ould deluder, Sathan, to keepe Mass. Coi. Rec- men from the knowledge of the Scriptures, as in former 203, 8> Nov. 2 'iii times by keeping them in an unknowne tongue, so in these latter times by perswading from the use of tongues, that so at least the true sence and meaning of the originall might be clouded by false glosses of saint seeming deceivers, that learning may not be buried in the grave of our fathers in the church and common- wealth, the Lord assisting our endeavors "It is therefore ordered, that every township in this jurisdiction, after the Lord hath increased them to the number of 50 householders, shall then forthwith appoint one within their towne to teach all chil- dren as shall resort to him to write and read, whose wages shall be paid either by the parents or masters of such children, or by the inhabitants in generall, by way of supply, as the major part of those that order the prudentials of the towne shall appoint ; provided those that send their children be not oppressed by paying much more than they can have them taught in other townes ; And it is further ordered that where any towne shall increase to the number of 100 families or householders they shall set up a grammar schoole, the master thereof being able to instruct youth so farr as they may be fited for the uni- versitj" ; provided that if any towue neglect the performance hereof above one yeare, every such towne shall pay 5 s to the next schoole till they shall perform this order." LAWS RELATING TO PUBLIC SCHOOLS. CONSTITUTION OF MASSACHUSETTS. Provisions Relating to Schools. [Chap. 5, Sect. 2.] "Wisdom, and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preser- vation of their rights and liberties ; and as these depend on spreading the opportunities and advantages of edu- future periods, cation in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magis- trates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them ; especially the university at Cambridge, public schools and grammar schools in the towns ; to encourage private societies and public insti- tutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of human- ity and general benevolence, public and private charity, industry and frugality, honest3* and punctuality in their dealings ; sincerity, good humor, and all social affections, and generous sentiments among the people." [Amendments, Art. 18.] " ART. XVIII. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys school money which may be appropriated by the State for the support jSw^fo^ seci of common schools, shall be applied to, and expended in, tarian schools - no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended ; and such moneys shall never be appropriated to any religious sect for the maintenance exclu- sively of its own school." The foregoing amendment has received a judicial construc- tion by the supreme court, so important in its bearings upon questions constantly arising, that I give, in addition to the reporter's abstract of the opinion of the court, the principal facts of the case presented for adjudication. (See Jenkins and others v. Inhabitants of Andover and others, 103 Mass. Rep., p. 94.) The facts are in brief as follows : Benjamin H. Punchard, an inhabitant of Andover, made the following bequest in his last will: "The residue of my property, not exceeding fifty thousand dollars, I give and bequeath to the town of Andover, 2 6 LAWS RELATING TO PUBLIC SCHOOLS. for the purpose of founding a, free school, forty thousand dol- lars for a permanent fund for the support of said school, and ten thousand dollars for the necessary buildings, etc. Said school shall be under the direction of eight trustees, of whom the rector of Christ Church to be one, also the minis- ters of the South Parish and West Parish to be members also, the remaining five to be chosen by the inhabitants of Andover in town meeting, to serve for three years, two of whom to be taken from Christ Church Parish, two from the South Parish Society, and one from the West Parish Society ; said school to be free for all youths resident in Andover, under the restric- tions of the trustees as to age and qualifications ; no sectarian influence to be used in the school, the Bible to be in daily use, and the Lord's prayer, in which the pupils shall join audibly with the teacher in the morning at the opening ; the said trus- tees also to determine and decide whether the school shall be for males only, or lor the benefit of both sexes ; said school to be located in the South Parish of Andover, and to be free to all the parishes equally." The will was proved in 1850. The persons designated as trustees were incorporated in 1851, and the school established. The town was released from its obligations to maintain a High School, the purpose being that the Punchard Free School should be to the people a High School such as the statutes required. The school-house was burned, and by vote in town meeting, the inhabitants procured the enactment of the following : [Chap. 396, Laws, 1869.] U SECT. 1. The town of Andover is hereby authorized to raise by taxation and to appropriate a sum not exceeding twenty-five thousand dollars, to aid the trustees of the Punchard Free School in erecting and furnishing a suitable edifice to be used and occupied in place of a high school for said town ; also, to raise and appropriate annualty, a sum not exceeding two thousand dollars, in any one year to aid in defraying the annual expenses of said Punchard Free School. " SECT. 2. Said town shall hereafter have and exercise a perpetual right to choose a majority of the board of trustees of said school, and said school shall be under the order and superintendence of said trustees, and they shall perform all the duties and exercise all the powers in relation to said Punchard Free School, now performed and exercised by the general school committee in relation to the public schools of said town. LAWS RELATIXG TO PUBLIC SCHOOLS. 7 "SECT. 3. Said Pimchard Free School shall at all reasonable times be open to the inspection and examination of the general school com- mittee of said town, that they may ascertain its condition and manage- ment, and they shall include a report thereof in their annual report to the town. They shall also have the right to recommend for admission to said school such pupils of the public schools as they may deem qualified therefor." Under the authority granted by this Act, at a town meeting July 6, 1869, the following votes were passed : 44 Voted, That it is expedient that the town aid in rebuilding the Punchard Free School. 44 Voted, That the town aid the trustees of the Punchard Free School in rebuilding their school-house recently destroyed by fire, to an amount not exceeding the sum of twenty-five thousand dollars, said aid to be furnished said trustees under the direction of a committee of five to be appointed by the selectmen, who shall see that the rights of the town in the property of said house be sufficiently secured. 44 Voted, That the money hereby appropriated be raised by loan, and paid in instalments by taxation of not more than five thousand dollars and the interest in any one year, unless the town shall other- wise order." In an action brought by certain parties against the inhabitants of Andover and others for an injunction to restrain from doing or attempting to do anything under or by virtue of the above votes, it was decided by the supreme court that u A town has no authority independently of statute law ; nor, under the eighteenth article of amendment of the Constitution of the Com- monwealth, can take authority by statute, to raise by taxation and appropriate money to support a school, as a public school, which is founded by a charitable bequest that vests the order and superintend- ence of it in trustees, who, though a majority of them are to be chosen by the inhabitants of the town, yet are limited to be members of cer- tain religious societies. 44 The statute of 1869, chapter 396 is unconstitutional and invalid, so far as it purports to authorize the town of Andover to raise by tax- ation and appropriate money to aid the trustees of the Punchard Free School to build a school-house 4 to be used and occupied in place of a high school for said town,' and to aid in defraying the annual expenses of said school." The injunction was made perpetual. LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 34. LAWS RELATING TO PUBLIC SCHOOLS. Of Public Instruction and Regulations Respecting Children. CHAPTER 34. Of the Board of Education. CHAPTER 35. Of Teachers' Institutes and Associations. CHAPTER 36. Of the School Funds. CHAPTER 37. Of State Scholarships. CHAPTER 38. Of the Public Schools. CHAPTER 39. Of School Districts. CHAPTER 40. Of School Registers and Returns. CHAPTER 41. Of the Attendance of Children in the Schools. CHAPTER 42. Of the Employment of Children and Regulations respecting them. CHAPTER 34. Of the SECTION 1. Board of education, how organized; term of office; vacancies. 2. May take grants, devises, etc., in trust for educational purposes ; to pay all moneys to treasurer. 3. Shall prescribe form of school registers, and of blanks for returns; transmit ab- stract of returns, and report to legislature. 4. May appoint secretary, -who shall make abstracts, collect' and diffuse information, etc. 5. Secretary shall suggest improvements, Board of Education. SECTION visit different places, collect books, re- ceive reports, &c. 6. Secretary shall give notice and attend meetings, and collect information, etc. 7. Shall send blank forms and reports to clerks of towns and cities. 8. Compensation of secretary, and expenses of office. 9. Board may appoint agents to make in- quiry, etc. 10. Expenses of board, how paid. 11. Assistant state librarian may act as clerk. Board of edu- cation, how or- ganized ; term of members ; vacancies. SECT. 1. The board of education shall consist of the governor and lieutenant-governor, and eight persons appointed by the governor with the advice and consent of the council, each to hold office eight years from the time of his appointment, one retiring each year in the order of appointment; and the governor, with the advice and consent of the council, shall fill all vacancies in the board which may occur from death, resignation, or otherwise. SECT. 2. The board may take and hold to it and its successors, in trust for the Commonwealth, any grant or devise of lands, and any donation or bequest of money or other personal property, made to it* for educational purposes ; and shall forthwith pay over to the treasurer of the Commonwealth, for safe keeping and investment, all mone}* and other personal property so received. The treasurer shall from time to time invest all such money in the name of the Common- wealth, and shall pay to the board, on the warrant of the governor, the income or principal thereof, as it shall from time to time require ; but no disposition shall be made of an}' devise, donation, or bequest, inconsistent with the conditions or terms thereof. For the faithful May take grants, etc., in trust for edu- cational pur- poses, etc. Duty of treas- urer. CHAT. 34.] LAWS RELATING TO PUBLIC SCHOOLS. 9 management of all property so received by the treasurer he shall be responsible upon his bond to the Commonwealth, as for other funds received by him in his official capacity. SECT. 3. The board shall prescribe the form of registers to be kept in the schools, and the form of the blanks and inquiries Shall prescribe for the returns to be made by school committees ; shall form of school annually on or before the third Wednesday of January blanks for re. turns, etc. lay before the legislature an annual report containing a printed abstract of said returns, and a detailed report of all the doings of the board, with such observations upon the condition and efficiency of the system of popular education, and such suggestions as to the most practical means of improving and extending it, as the experience and reflection of the board dictate. SECT. 4. The board may appoint its own secretary, who, under its direction, shall make the abstract of school returns May app oint required by section three ; collect information respecting JSfmak'e'Sji the condition and efficiency of the public schools and Stract8 etc - other means of popular education ; and diffuse as widely as possible throughout the Commonwealth information of the best system of studies and method of instruction for the young, that the best educa- tion which public schools can be made to impart may be secured to all children who depend upon them for instruction. SECT. 5. The secretary shall suggest to the board and to the legislature, improvements in the present system of public secretary shall schools ; visit, as often as his other duties will permit, 8 "Sfements im different parts of the Commonwealth for the purpose of etc< arousing and guiding public sentiment in relation to the practical interests of education ; collect in his office such school-books, appa- ratus, maps and charts, as can be obtained without expense- to the Commonwealth ; receive and arrange in his office the reports and re- turns of the school committees ; and receive, preserve, or distribute, the state documents in relation to the public school system. SECT. 6. He shall, under the direction of the board, give sufficient notice of, and attend such meetings of teachers of public Shall give no- schools, members of the school committees of the sev- tice and attend meetings, etc. eral towns, and friends of education generally in any count}', as may voluntarily assemble at the time and place designated by the board ; and shall at such meetings devote himself to the object of collecting information of the condition of the public schools of such county, of the fulfilment of the duties of their office by members of the school committees of all the towns and cities, and of the circumstances of the several school districts in regard to teachers, pupils, books, apparatus, and methods of education, to enable him to furnish all infor- mation desired for the report of the board required in section three. 2 10 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 34. SECT. 7. He shall send the blank forms of inquiry, the school Secretary shall registers, the annual reports of the board, and his own Kpor^/tSt^wn annual report, to the clerks of the several towns and cities as soon as may be after they are ready for distri- bution. SECT. 8. [He shall receive an annual salary of three thousand dol- lars, and also the sum of four hundred dollars in full Compensation of secretary, compensation for travelling expenses to be paid out of and expenses ' of office. the moiety of the school fund applicable to educational 1867, 276. purposes] and all postages and other necessary expenses arising in his office, shall be paid out of the treasury in the same man- ner as those of the different departments of the government. SECT. 9. The board may appoint one or more suitable agents to Board may ap- visit the several towns and cities for the purpose of in- Ke a inq n ui ? r^ quiring into the condition of the schools, conferring with teachers and committees, lecturing upon subjects con- nected with education, and in general of giving and receiving informa- tion upon subjects connected with education, in the same manner as the secretary might do if he were present. SECT. 10. The incidental expenses of the board, and the expenses of the members thereof incurred in the discharge of their board" 868 how official duties, shall be paid out of the treasury, their accounts being first audited and allowed. SECT. 11. The assistant librarian of the state library shall act cierk. when necessary as clerk of the board. (SECT. 1.) ["As the Board of Education is constituted," says Secretary Boutwell in the Twenty-fourth Annual Report, '* it is at once conservative and progressive. The governor and lieutenant- governor are annually elected, and they are the immediate representatives of popular sentiment. The eight permanent members aro appointed by the governor, with the consent of the council, anxl they are usually selected for their ability, integ- rity and interest in the subject of education.. They also repre- sent the popular sentiment, but in such a manner that changes in public opinion must he well considered before a change of policy can be secured. On the one hand, the Board of Educa- tion can never become indifferent to the public judgment, nor, on the other hand, is it liable to he suddenly affected by a movement which is temporary in its character. As in no other State or country have the facilities for public education been so CHAP. 34.] LAWS RELATING TO PUBLIC SCHOOLS. 11 good during the last quarter of a century as in Massachusetts, so in no other State or country has there existed a department of the government, charged with the duty of superintending public schools, that combined in so high a degree the statesman- like qualities of power, conservation and progress."] [The following is a complete list of the members of the Board from its organization to the present time. The persons are named in the order of their appointment, or connection with the Board, and they represent the various religious denomina- tions, learned professions, and political parties : ] Names of Members of the Board since its Establishment in 1837. James G. Carter. Emerson Davis. Edmund Dwight. Horace Mann. Edward A. Newton. Robert Rantoul, Jr. Thomas Robbins. Jared Sparks. Originally appointed in 1837. George Putnam. Charles Hudson. George N. Briggs. William G. Bates. John W. James. Elisha Bartlett. Heman Humphrey. Stephen C. Phillips. Barnas Sears. Edwin H. Chapin. Henry B. Hooker. Stephen P. Webb. Thomas Kinnicutt. Joseph W. Ingraham. John A. Bolles. George B. Emerson. Charles K. True. Mark Hopkins. Edward Otheman. Isaac Davis. Alexander H. Vinton. George S. Boutwell. Henry Wheatland. Hosea Ballou. Ariel Parish. Cornelius C. Felton. Alonzo H. Quint. William A. Stearns. Russell Tomlinson. Erastus O. Haven. David H. Mason. John P. Marshall. Emory Washburn. Abner J. Phipps. James Freeman Clarke. William Rice. John D. Philbrick. Samuel T. Seelye. \ George D. Wilde. ' Gardiner G. Hubbard. Alonzo A. Miner. Henry Chapin. Constantino C. Esty. Edward B. Gillett. Phillips Brooks. Christopher C. Hussey. Governors. Edward Everett. Marcus Morton. John Davis. George N. Briggs. George S. Boutwell. John H. Clifford. Emory Washburn. Henry J. Gardner. Nathaniel P. Banks. John A. Andrew. Ex OFFICIIS. Alexander H Bullock William Claflin William B. Washburn. William Gaston. Lieutenant- Governors. George Hull. Henry H. Childs. John Reed. Henry W. Cushrnan. Elisha Huntington. William C. Plunkett. Simon Brown. Henry W. Benchley. Eliphalet Trask. John Z. Goodrich. John Nesmith Joel Hay den. William Claflin, .Joseph Tucker Thomas Talbot. Horatio G. Knight. 12 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 34. (SECT. 3.) [The Board of Education have annually submitted to the legislature a report of their doings and of the condition of the schools in the State. It has contained extracts from the reports of the committees of the several cities and towns, and an abstract of the annual returns. These returns have given the valuation and population of each town, the appropriations for schools, the wages of teachers, the attendance of children ; and, in fine, every needed fact for the information of the legislature and the public. By the aid of these abstracts it is easy for any person to form an accurate opinion concerning the schools of the Commonwealth. Graduated tables are also prepared, which show the relative standing of the several municipalities, and these tables have been used with wonderful power to bring up the indifferent towns to the proper performance of their duty. The school returns first required by law in 1826 (chap. 143, 8), and especially the establishment of the school fund in 1834, had wrought a favorable change, but the reformation did not really commence until the establishment of the Board of Education. There was not a ready acquiescence in the last measure, and it was not adopted without serious opposition. But the establishment of the school fund and the organization of the Board of Education have led to a complete revolution in the educational condition of the State. It is not easy to realize the nature and extent of the changes that have taken place. Previous to 1834, many towns entirely neglected to institute systematic superintendence of the schools ; and it is not known that a school committee's report had been read in open town meeting before the year 1830. Concord claims the honor of leading in this custom.] (SECT. 4.) [Under the authority to appoint a Secretary, the Board of Education elected Horace Mann, who continued in office twelve years, and prepared the first twelve annual reports. His suc- cessor, Barnas Sears, held office seven years, and prepared the annual reports from the thirteenth to the nineteenth, inclusive. The twentieth, twenty-first, twenty-second and twenty-third reports were prepared by George S. Bout well, the third Secre- CHAP. 35.] LAWS RELATING TO PUBLIC SCHOOLS. 13 tary of the Board.] The subsequent volumes have been pre- pared by the present Secretary. (SECT. 9.) [The authority conferred by the ninth section was first given to the Board of Education in 1851, and twice renewed, in 1853 and 1857. The commissioners and the legislature charged with the revision of the General Statutes, saw fit to give to these transitory enactments the form of permanent law. The nature of the duties assigned to the agents, and the man- ner of their performance, were fully set forth by Dr. Sears, in the Fourteenth, Sixteenth and Eighteenth Annual Reports of the Secretary of the Board of Education, and by Mr. Bout well in the Twentieth Annual Report. The reasons for the continuance of the agency all remain in force, and the experience of the entire period demonstrates the utility of the work performed. The plan of labor has from time to time been changed. Of late years it has been the custom for the agents to spend a day in each town visited. The fore- noon, when practicable, is devoted to an examination of schools ; in the afternoon the agent holds a meeting, upon the plan of a teachers' institute, for the purpose of conference with teachers and committees, and the presentation and illustration of meth- ods of instruction ; and in the evening, the agent delivers a lecture upon the general subject of education. Its importance is due to the fact that our system of education is a popular one, and that our schools will, in the main, repre- sent the popular ideas. Hence it is important to elevate the public sentiment to that degree that every improved method of teaching will be readily received. While our Normal Schools, Teachers' Institutes, teachers' associations, and the educational press are furnishing accomplished and progressive teachers, and presenting better ideas of the work, it is of the first importance to prepare the public mind to welcome and appreciate the labors of those who are able to do best.] CHAPTER 35. Of Teachers' Institutes and Associations. SECTION j SECTION 1. Board of education to arrange for meeting 3. Board to regulate length of session and of teachers' institutes. expense. 2. Expenses of, how paid. 14 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 35. SECT. 1. When the board of education is satisfied that fifty teach- ers of public schools desire to unite in forming a teach- stitutes, meet- ers* institute, it shall, by a committee of its bod} T , or by its secretary, or, in case of his inability, by such person as it may delegate, appoint and give notice of a time and place for such meeting, and make suitable arrangements therefor. SECT. 2. To defray the necessary expenses and charges, and prp- en of cure teachers an d lecturers 'for such institutes, the gov- how paid. ernor may draw his warrant upon the treasurer for a Rcsifves i85'o' sum not excee( ^ n g [four] thousand dollars per annum* to be taken from that portion of the income of the school fund not apportioned for distribution to the several cities and towns for the support of public schools. SECT. 3. The board may determine the length of time during which a teachers' institute shall remain in session, and what .Length of, and expense. portion, not exceeding three hundred and fifty dollars, of the sum provided for in the preceding section shall be appropriated to meet the expenses of any such institute ; and the board, its secre- tary, or any person by it duly appointed, may draw upon the treas- urer therefor. [Chap. 58, 1864, substituted for Sections 4 and 5.] [SECT. 1. When a county association of teachers and others, holds When meet- an annusA meeting of not less than two days, for the count are a8Boc1' ex P r ess purpose of promoting the interests of public ations to re. schools, it shall receive twenty-five dollars from the ceive $25 a J year. Commonwealth. SECT. 2. Upon the certificate, under oath, of the president and see- To be paid on retary of such association to the governor, that a meet- certificate, etc. j n g j ]ag -^ een held j n accordance with the provisions of the preceding section, he shall draw his warrant in favor of such association, for the sum aforesaid. SECT. 3. The fourth and fifth sections of the thirty-fifth chapter Repeal. of the General Statutes are hereby repealed.] (SECTIONS 1, 2 and 3.) [The Act to establish Teachers' Institutes was passed in 1846. (Stat. 1846, chap. 19.) But four institutes were held in 1845. These were voluntary meetings, under the direction of Mr. Mann. , The Act of 1846 authorized the Board of Education to appoint an institute whenever assurance should be given that not less than seventy teachers of Common Schools desired to assemble, and to remain in session for a period not less than ten days. CHAP. 35.] LAWS RELATING TO PUBLIC SCHOOLS. 15 The appropriation was twenty-five hundred dollars per annum, and two hundred dollars for each institute. Since 1846, appro- priations have annually been made by our legislature for the support of Teachers' Institutes, varying in the amount appro- priated, and in some of the restrictions and limitations of the original Act establishing them. The essential features of the existing Act arc : There must be reason to expect an attend- ance of at least fifty teachers of Public Schools, to justify the appointment of a time and place for holding an institute ; an amount not exceeding four thousand dollars may be used to defray the necessary expen es and charges, and procure teach- ers and lecturers for the institu es, and of this sum, a portion, not exceeding three hundred and fifty dollars, may be used for each institute. It seems proper to call the attention of school committees to the importance of the institute to those teachers who are in their service. Difficulties have arisen occasionally, between teachers and committees in regard to time used by the former in attendance upon the sessions of the institute. The first obli- gation is no doubt upon the teachers who are to qualify them- selves for the skilful performance of their labors ; but it is also true that a city or town that is enjoying the services of compe- tent teachers, who are employed by the year, can well afford to allow such persons to spend a week in the institute, without pecuniary loss to themselves. In the face of considerable honest criticism, the institute has thus far sought to suggest the best means of teaching the elements of the principal branches studied in the Common Schools. In consequence of the improved qualifications of teachers generally, it may not be necessary to pursue this policy rigidly hereafter. It cannot, however, be entirely abandoned, and the public may ever abide in the belief that he who can teach the elements in a proper manner, may easily become a teacher in all science and literature.] As a matter of interest, and for purposes of reference, the following alphabetical list of the 155 different towns, where 242 institutes have been held in our State since they were com- menced, in 1845, with the year of each session, is here pre- sented, from the Report of the General Agent for 1874 : 16 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 35. Acton, 1861. Adams, 1848, 1855, 1858. Adams, North, 1869. Amherst, 1852. Amesbury Mills, 1863. Andover, 1846, 1866. Ashburnham, 1855. Athol, 1848, 1854, 1868. Attleboro', 1849, 1851, 1862, 1873. Ayer, 1871. Barnstable, 1851, 1857, 1872. Barnstable (Hyannis), 1849, 1856. Barre, 1854, 1872. Becket, 1865. Bedford, 1857. Belchertown, 1868. Bernardston, 1858, 1872. Beverly, 1870. Billerica, 1859, 1868. Blackstone, 1851, 1870. Boston, 1852. Brewster, 1850, 1855. Bridgewater, 1845, 1855, 1863. Brimfield, 1860. Brookfield, 1857. Cambridge, 1852. Charlemont, 1847, 1870. Charlestown, 1852. Chatham, 1845, 1860. Chelsea, 1855. Cheshire, 1874. Chester, 1872. Chicopee, 1852. Clinton, 1866. Cohasset, 1874. Concord, 1847. Conway, 1853, 1864. Cummington, 1862, 1873. Dana, North, 1870. Dartmouth, South, 1864. Dedham, 1859. Deerfield, 1852. Dennis, East, 1864. Dennis, South, 1867. Dudley, 1865. Easthampton, 1863. Easton, North, 1867. Edgartown, 1848, 1861. Fairhaven, 1858. Fall River, 1852, 1866 Falmouth, 1850, 1861, 1868. Fitchburg, 1845, 1850, 1862. Foxboro', 1857. Framingham, 1850, 1857. Franklin, 1854. Gardner, South, 1858. Gloucester, 1872. Grafton, 1846. Great Barrington, 1847, 1859. Greenfield, 1849, 1863. Groton, 1849, 1856. Hadley, 1850, 1864. Hadley, South, 1867. Hard wick, 1859. Harwich, 1846. Hatfield, 1865, 1873. Haverhill, 1853, 1858, 1869. Hingham, 1868. Hinsdale, 1869. Holliston, 1852. Holmes' Hole, 1869. Holyoke, 1862. Hopkinton, 1854. Hubbardston, 1849, 1860. Ipswich, 1874. Kingston, 1856. Lancaster, 1854. Lawrence, 1851, 1862. Lee, 1846, 1854, 1864. Leicester, 1863. Lenox, 1850. Leominster, 1852, 1857, 1874. Littleton, 1855. Longmeadow, 1863. Lowell, 1852, 1867. Lunenburg, 1853. Maiden, 1853. Mansfield, 1854. Marlboro', 1856, 1867, 1871. Maynard, 1873. Medway, 1850, 1871. Medway, West, 1863. Middleboro', 1853. Milford, 1850, 1858, 1861. Millbury, 1853. Monson, 1850, 1870. Montague, 1855, 1870. Nantucket, 1853, 1874. CHAP. 36.] LAWS RELATING TO PUBLIC SCHOOLS. 17 Natick, 1853, 1864, 1870. Needham, 1867. New Bedford, 1853. Newburyport, 1854. New Marlboro', 1866. Newton, 1851, 1864. New Salem, 1846, 1873. Northampton, 1857, 1869. Northborough, 1851, 1860. North Bridge water, 1868. North Brookfield, 1852, 1859. Northfield, 1874. Norton, 1857. Orange, 1866. Orleans, 1853, 1861. Oxford, 1853. Pepperell, 1850, 1866. Petersham, 1851. Pittsfield, 1845, 1851, 1854, 1857, 1871. Plymouth, 1850. Provincetown, 1858, 1869. Quincy, 1847. Randolph, 1854, 1865. Roxbury, 1852, 1854. Royalston, 1851. Rutland, 1855. Salem, 1854. Salisbury (Mills), 1873. Sandisfield, 1874. Sandwich, 1849, 1871. Sheffield, 1852, 1861. Shelburne Falls, 1861, 1868. Shrewsbury, 1855. Southbridge, 1851, 1872. Stoughton, 1851, 1866. Sunderland, 1848. Swampscott, 1865. Taunton, 1846, 1865. Templeton, 1853, 1874. Townsend, 1859. Truro, 1857. JJxbridge, 1862. Waltham, 1860. Ware, 1851, 1856, 1864, 1873. Webster, 1859. Wakefield, 1872. Wellfleet, 1859, 1871. Westboro 1 , 1858. Westfield, 1855. Westford, 1863. West Newbury, 1871. West Stockbridge, 1873. Weymouth, 1861. Wilbraham, 1861. Williamsburg, 1856. Williamstown, 1862, 1872. Winchendon, 1856, 1867. Woburn, 1852. Worcester, 1852, 1854. Wrentham, 1852. Yarmouth, 1855, 1862, 1865. The annual meetings of the county associations of teachers are not under the control of* the state authorities, though the Secretary, Agents and members of the Board of Education are often present. The appropriation has led to the formation of societies that are interested in the improvement of the Public Schools, and there is no doubt that the Commonwealth derives an adequate return for the outlay. MASSACHUSETTS SCHOOL FUND. SECTION 1. School fund, how invested. Income only to be used. 2. Half the income to be distributed for sup- port of common schools. Appropriations for other educational purposes to be paid from other half. Surplus to be added to principal. CHAPTER 36. Of the School Funds. SECTION 3. Apportioned for schools by secretary and treasurer. When towns are not entitled to share. 4. .Income received by towns to be applied for support of schools therein. 5. Appropriations for Indians. Account to be rendered. (Repealed.) 18 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 36. INDIAN SCHOOL FOND. SECTION 6. Indian school fund, how applied, etc. (Re- pealed.) TODD NORMAL SCHOOL FUND. SECTION 7. Todd fund, how applied. SECT. 1. School fund, how invested. Income only to be used. R. 8. 11, 13, 14. 1866, 53, 1. Massachusetts School Fund. The present school fund of this Commonwealth, together with such additions as may be made thereto, shall con- stitute a permanent fund, to be invested by the treasurer, with the approbation of the governor and council, and called the " Massachusetts School Fund " ; the principal of which shall not* be diminished, and the income of which, including the interest on notes and bonds taken for sales of Maine lands and belonging to said fund, shall be appropriated as hereinafter provided. [Amendment.] [The secretary of the board of education and the treasurer and receiver-general shall be commissioners whose duty shall be to invest and manage the Massachusetts school fund, and report annually to the legislature the condition and income there- of. All new investments of said fund, or any part of the same, shall be made with the approval of the governor and council.] [Amendments to Sections 2 and 3.] [SECT. 1. One-half of the annual income of the Massachusetts school fund shall be apportioned and distributed for the di8tributed h w support of public schools without a specific appropria- tion, and in the manner following, to wit : Each town complying with all laws in force relating to the distribution of said income, and whose valuation of real and personal estate, as shown by the last returns thereof, does not exceed one million dollars, shall annually receive two hundred dollars ; each town complying as afore- said, whose valuation is more than one million, and does not exceed three million dollars, shall receive one hundred and fifty dollars; and each town complying as aforesaid, whose valuation is more than three millions, and does not exceed five million dollars, shall receive one hundred dollars. The remainder of said moiety, after the division above provided, shall be distributed to all the towns and cities of the Commonwealth whose valuation does not exceed ten million dollars, in proportion to the number of persons belonging to each, between five and fifteen years of age. SECT. 2. All money appropriated for other educational purposes, unless otherwise provided in the act appropriating the same, shall be paid from the other half of said income. If the income in any year exceeds such appropriations, the surplus shall be added to the princi- pal of said fund.] 1874, 348. CHAP. 36.] LAWS RELATING TO PUBLIC SCHOOLS. 19 [SECT. 1. The third section of the thirty-sixth chapter of the Gen- eral Statutes is hereby amended, so that the income of the Massachusetts school fund, appropriated to the sup- ^ e f und port of public schools, which shall have accrued on the f e a 8 y a Ji e toVnt thirty-first day of December in each year, shall be ap- BywSf and portioned by the secretary and treasurer in the manner ^ n ' Q8 : provided in said section, and paid over by the treasurer to the treasurers of the several cities and towns, on the twenty-fifth day of January thereafter, instead of the times named in said section ; and so much of said section as is inconsistent with the provisions of this act is hereby repealed.] [Chap. 142, 1865.] [SECT. 1. No apportionment and distribution of the annual income of the school fund, as provided by the second and third sections of chapter thirty-six of the General Statutes, shall be made to any town or city which has not com- plied with the requisitions of the first and second sec- l ow ^ es and tions of chapter thirty-eight, and the fifth and sixth JJj* 80 e88 to th sections of chapter forty of the General Statutes, and of Jgjjg 5 ^ a any amendments to either of said sections ; or which has not raised by taxation for the support of schools, during the school year embraced in the last annual returns, including only wages and board of teachers, fuel for the schools, and care of fires and school- rooms, a sum not less than three dollars for each person between the ages of five and fifteen years, belonging to said town or city on the first day of May of said school year.] SECT. 4. The income of the school fund received by the several cities and towns shall be applied by the school commit- tees thereof to the support of the public schools therein ; ed by towns" but said committees may, if they see fit, appropriate therefrom any sum, not exceeding twenty-five per , cent, of the same, to the purchase of books of reference, maps and apparatus for the use of said schools. [Sections 5 and 6 repealed.] 1870,350. The Normal School Fund. SECT. 7. The income of the Todd fund shall be paid by the treas- urer of the Commonwealth on the warrant of the srov- Todd fund, ernor to the board of education, to be by them applied to how applied, specific objects in connection with the normal schools \iot provided for by legislative appropriation. 20 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 38. (SECT. 4.) [Under the fourth section of this chapter the money dis- tributed by the State is held by the treasurers of the respective towns, subject to the order of the school committee of each. Three-fourths of the income must be applied by the committees to the support of schools, and the whole may be. The income received from the State is not subject to a vote of the town. Under this section, it becomes the duty of each town treasurer to open an account with the school committee, and to hold the fund received from the State, subject to their order.] (SECT. 7.) [The Todd fund now amounts to $12,100, and the income is devoted to teaching music and the payment of lecturers in the several departments of natural science. It is well known that Mr. Todd did not intend to relieve the State of its duty to pro- vide for the general support of the schools, and hence the Board have so used the income as to enlarge the opportunities of the pupils, and furnish instruction in those departments for which provision has not been made by the Commonwealth.] 1866, 210. [Chapter 37, of State Scholarships, repealed.] CHAPTER 38. Of the Public Schools. PUBLIC SCHOOLS. SECTION 1. Each town to have school six months in a year. Branches to be taught. 2. High school in towns of five hundred families. Branches taught. Duration of school. Towns of four thousand inhabit- ants. Number of families, how ascer- tained. 3. High school districts in adjacent towns, how established. 4. Committee, how chosen. Powers. 5. to determine location of school-house. 6. Expenses apportioned. 7. Schools may be maintained for those over fifteen years of age. 8. under superintendence of school com- mittee. 9. Female assistants. 10. Duty of instructors in colleges, etc. 11. of ministers and town officers. 12. Towns to raise mtmey for schools. 13. Funds of corporations for supporting schools, not affected, etc. 14. Forfeiture for neglect to raise money, etc. SECTION 15. Three-fourths of, to be appropriated to schools. 16. School committee, how chosen. Number; term of service. 17. Vacancies, how filled. 18. When whole committee decline ; new com- mittee, how elected. 19. Term of service of person filling vacancy. 20. On election of new board, certain duties of old to continue. 21. Committee, how increased or diminished. 22. records of; secretary. 23. Committee to contract with teachers, un- less, etc. 24. Instructor to receive and file certificate. When and how paid. 25. may be dismissed. Compensation to cease. 26. Examinations and visits by committee. 27. Bible to be read in schools. Sectarian books excluded. 28. Committee to direct what books to be used. Change of books, how made, etc. 29. to procure books, apparatus, etc. CHAP. 38.] LAWS RELATING TO PUBLIC SCHOOLS. 21 SECTION 30. for certain scholars at expense of town. 31. Expense of books so supplied to be taxed to parents, etc. 32. If parents unable to pay, tax may be omitted. 33. Duty of committee where school is for benefit of whole town. 34. Compensation of committee. 35. Superintendent of schools, appointment, duties and compensation. SCHOOL-HOUSES. SECTION 36. Towns not districted, to maintain school- houses, etc. 37. Location of school-houses. 38. Land may be taken for school-house lots.etc, 39. Owner of land may have jury. Proceed- ings. Damages and costs. 40. Committee of town not districted to have charge of school-houses. 41. Provisions of chapter to apply to cities, except, etc. SECT. 1. In every town there shall be kept, for at least six months in each year, at the expense of said town, by a teacher Each town to or teachers of competent ability .and good morals, a suffi- ^nth? 00 ^* cient number of schools for the instruction of all the Branches children who may legally attend public school therein, in ^"''23 j orthography, reading, writing, English grammar, geogra- J^'T^'I phy, arithmetic, (drawing,) the history of the United iwo,'2k States, and good behavior. Algebra, vocal music, (agriculture,) physi- ology and hygiene shall be taught by lectures or otherwise, in all the public schools in which the school committee deem it expedient. [Anj r city or town may, and every city and town having more than ten thousand inhabitants shall, annually, make provision for giving free instruction in industrial or mechanical drawing to persons over fifteen years of age, either in 1870,248. day or evening schools, under the direction of the school committee.] SECT. 2. Ever}' town may, and every town containing five hundred families or householders shall, besides the schools pre- scribed in the preceding section, maintain a school to be kept by a master of competent ability and good morals, Branches who, in addition to the branches of learning before men- tioned, shall give instruction in general history, book-keeping, survey- ing, geometry, natural philosophy, chemistry, botan}*, the civil polity of this Commonwealth and of the United States, and the Latin language. Such last-mentioned school shall be kept for the benefit of all the inhabitants of the town, ten school. 011 . i i . ,. . , Towns of 4,000 months at least, exclusive of vacations, in each year, inhabitants. and at such convenient place, or alternately at such iicuSt ITS! places in the town, as the legal voters at their annual meeting determine. And in every town containing four thousand inhabitants, the teacher or teachers of the schools required by this section, shall, in addition to the branches of instruction before required, be competent to give instruction in the Greek and French languages, astronomy, geology, rhetoric, logic, intellectual and moral science, and political economy. 4 22 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 38. [Amendments.] [Any town which shall maintain the school required to be maintained by the second section of chapter thirty-eight of the Gen- High school 36 J weeks. eral Statutes, not less than thirty-six weeks, exclusive of vacations in each year, shall not be liable to the forfeit- ure provided in section first, chapter one hundred and forty-two of the laws of the }*ear eighteen hundred and sixt3 T -five, for non-compliance with the requisitions of the aforesaid second section.] (See chap. 36, sect. 3, 2d amendment.) [In order to ascertain that any town is subject to the requirement of NO of families section second, chapter thirty-eight of the General Stat- how ascertain, utes, the number of families or householders thereof 1868, 226, i. shall be determined by the latest public census which shall have been taken, by the authority either of this Commonwealth or of the United States.] SECT. 3. Two adjacent towns, having each less than five hundred High school families or householders, may form one high school dis- facenttowSt trict ' for establishing such a school as is contemplated how establish- J Q tae p rece ding section, when a majority of the legal 103 Mass. 99. voters of each town, in meeting called for that purpose, so determine. SECT. 4. The school committees of the two towns so united shall elect one person from each of their respective boards, how chosen. and the two so elected shall form the committee for the management and control of such school, with all the powers conferred upon school committees and prudential committees. SECT. 5. The committee thus formed shall determine the location of the school-house authorized to be built by the towns location of forming the district, or if the towns do not determine to school-house. erect a house, shall authorize the location of such school alternately in the two towns. SECT. 6. In the erection of a school-house for the permanent loca- tion of such school, in the support and maintenance of j&xpcnscs ftp- * * portioned. ^he school, and in all incidental expenses attending the same, the proportions to be paid by each town, unless otherwise agreed upon, shall be according to its proportion of the county tax. [Two or more towns may unite in establishing union schools for the Union schools accommodation of such contiguous portions of each as out l diltricte th ~ S ^ a ^ ke mutually agreed upon, when a majority of the 1868, 278. legal voters in each town, in meetings called for that purpose, so determine. In providing for the management and control of said school ; in de- termining the location of said school-houses, or of the schools ; in ap- portioning the expenses of erecting such school-houses, and of the CHAP. 38.] LAWS RELATING TO PUBLIC SCHOOLS. 23 support and maintenance of said school, with all expenditures incident to the same, all proceedings shall be governed by the provisions of the fourth, fifth and sixth sections of the thirty-eighth chapter of the Gen- eral Statutes.] SECT. 7. Any town may establish and maintain, in addition to the schools required by law to be maintained therein, schools for the education of persons over (twelve) years of age ; be maintaS ., .. , for those over may determine the term or terms of time in each year, 12 years of age. and the hours of the day or evening during which said school shall be kept ; and appropriate such sums of money as may be necessary for the support thereof. SECT. 8. When a school is so established, the school committee shall have the same superintendence over it as they have over other schools ; and shall determine what branches intendence of ... . committee. of learning may be taught therein. [The city council of any city, and any town, may establish and maintain one or more industrial schools, and raise and . Industrial appropriate the money necessary to render them efficient, schools. Such schools shall be under the superintendence of the board of school committee of the city or town wherein they are estab- lished, and such board shall employ the teachers, prescribe the arts, trades and occupations to be taught in such schools, and shall have the general control and management thereof : provided, that in no case shall the expense of any such school exceed the appropriation specifi- cally made therefor ; and provided, that nothing in this act contained shall authorize the school committee of any city or town to compel any scholar to study any trade, art or occupation, without the consent of the parent or guardian of such scholar, and that attendance upon any such school shall not take the place of the attendance upon public schools required by law.] SECT. 9. In every public school, having an average of fifty schol- ars, the school district or town to which such school be- Fema i e aas i st _ longs shall employ one or more female assistants, unless ants - such district or town, at a meeting called for the purpose, votes to dis- pense with such assistant. SECT. 10. It shall be the duty of the president, professors and tutors of the university at Cambridge and of the several Duty of in . colleges, of all preceptors and teachers of academies, and of all other instructors of youth, to exert their best endeavors to impress on the minds of children and youth 12 Allen 127 - committed to their care and instruction, the principles of piety and justice, and a sacred regard to truth ; love of their country, humanity and universal benevolence ; sobriety, industry, and frugality ; chastity, moderation and temperance ; and those other virtues which are the 24 LAWS KELATING TO PUBLIC SCHOOLS. [CHAP. 38. ornament of human society and the basis upon which a republican constitution is founded ; and it shall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above-mentioned virtues, to preserve and perfect a republican constitution, and secure the blessings of liberty, as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices. SECT. 11. It shall be the duty of the resident ministers of the Duty of minis- g os P e ^ the selectmen, and the school committees, to exert officers' 1 t wn their influence, and use their best endeavors, that the 101 Mass. 143. youth of their towns shall regularly attend the schools established for their instruction. SECT. 12. The several towns shall, at their annual meetings, or at Towns to raise a re g u ^ ar meeting called for the purpose, raise such sums schooTs for ^ monev f r the support of schools as the} 7 judge neces- 10 Met. 513. sarv . wm ' c h sums shall be assessed and collected in like manner as other town taxes. SECT. 13. Nothing contained in this chapter shall affect the right School funds of ^ anv corporation, established in a town, to manage not P affected 8 anv estate or funds given or obtained for the purpose etc - of supporting schools therein, or in any wise affect such estate or funds. SECT. 14. A town which refuses or neglects to raise money for the support of schools, as required by this chapter, shall for- Forfeiture for J neglect to raise feit a sum equal to twice the highest sum ever before voted for the support of schools therein. A town which refuses or neglects to choose a school committee to superintend said schools (or to choose prudential committees in the several districts, when it is the duty of the town to choose such prudential committee), shall forfeit a sum not less than five hundred nor more than one thou- sand dollars, to be paid into the treasury of the county. SECT. 15. Three-fourths of any forfeiture paid into the treasury of three fourths tne countv un( ^ er tne preceding section, shall be paid by of, appropriat- the treasurer to the school committee, if any, otherwise ed to schools. J ' to the selectmen of the town from which it is recovered, who shall apportion and appropriate the same to the support of the schools of such town, in the same manner as if it had been regularly raised by the town for that purpose. SECT. 16. Every town shall, at the annual meeting, choose, by School com. written ballots, a board of school committee, which shall c^ nave tne general charge and superintendence of all the 7 5 .' public schools in town. Said board shall consist of any 12 Alien 1 ! 12?! number of persons divisible by three, which said town 105 Si IS has decided to elect, one-third thereof to be elected CIIAP. 38.] LAWS RELATING TO PUBLIC SCHOOLS. 25 annualty, and continue in office three 3 T ears. If a town fails or neg- lects to choose such committee, an election at a subsequent meeting shall be valid. [No person shall be deemed to be ineligible to serve ^ men elig ' upon a school committee by reason of sex.] 1874, 389. SECT. 17. If an} T person elected a member of the school committee, after being duly notified of his election in the manner in vacancies, which town officers are required to be notified, refuses or how fille etc - attend the public schools ; and the school committee, unless the towa 5 30' LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 88. otherwise direct, shall keep them in good order, procuring a suitable place for the schools, where there is no school-house, and providing fuel and all other things necessaiy for the comfort of the scholars therein, at the expense of the town. [A town which for one j ear refuses or neglects to comply with the Penalty. requisitions of this section, shall forfeit a sum not less 8*1,145. t k an ye burred nor more than one thousand dollars, under the same provisions as those made in sections fourteen and fifteen of this chapter.] SECT. 37. Any town, at a meeting legally called for the purpose, Location of may determine the location of its school-houses, and school-houses. * R. s. 23, 28, adopt all necessary measures to purchase or procure the 1859, 252, 4. land for the accommodation thereof. [Substituted for Section 38.] [When land has been designated by a city council, town, school Land may te district, or those acting under its authority or deter- schoo/houBe m i ne( l upon by the mayor and aldermen of a cit} T , or by 1874* 342 *ke se l ectmen of a town as a suitable place for the erec- i

t * on ** a scuo l-h use an d necessary buildings, or for enlarging a school-house, or school-house lot, the mayor and aldermen, or the selectmen, may proceed to select, at their discretion, and to lay out a school-house lot or ah enlarge- ment thereof, and to appraise the damages to the owner of such land in the manner provided for laying out town ways and appraising damages sustained thereby ; and upon such selection and laying out of such lot, or any. enlargement thereof being accepted and adopted by the city council, or the town, the land shall be taken, held and used for the purpose aforesaid.- But no lot so taken or enlarged shall exceed in the whole eighty square rods, exclusive of the land occupied by the school buildings. SECT. 2. Section thirt} T -eight of chapter thirty-eight of the General Statutes and chapter twenty-six of the acts of the year eighteen hun- dred and sixty-nine are hereby repealed, but such repeal shall not affect any act done, or apply to any proceedings had or commenced before this act shall take effect.] SECT. 39. When the owner feels aggrieved by the laying out or Owner of land, enlargement of such lot, or by the award of damages, he ma y> upon application therefor in writing to the county commissioners within one j'ear thereafter, have the mat- Gray, 414. ^ er o f k g com pi a i n {; tried by a jury, and the jur} 7 may change the location of such lot or enlargement, and assess damages therefor. The proceedings shall in all respects be conducted in the manner provided in cases of damages by laying out highways. If the CHAP. 38.] LAWS RELATING TO PUBLIC SCHOOLS. 31 damages are increased, or the location changed, by the jury, the damages and all charges shall be paid by the town ; otherwise the charges arising on such application shall be paid by such applicant. The land so taken shall be held and used for no other purpose than that contemplated by this chapter, and shall revert to the owner, his heirs or assigns, upon the discontinuance there, for one year, of such school as is required by law to be kept by the town. SECT. 40. The school committee of a town in which the school district system has been abolished, or does not exist, ' ^ Committee of shall have the general charge and superintendence of town not dis- tricted, to have the school-houses in said town, so far as relates to the charge of school-houses. use to which the same may be appropriated. SECT. 41. Except as may be otherwise provided in their respective charters, or acts in amendment thereof, the provisions of this chapter, so far as applicable, shall apply to cities. Sapterto ap- And the ma} T or and aldermen in the several cities are exce^Cetc?' authorized to execute the powers given in section thirty- eight of this chapter to the selectmen and town. (SECT. 2.) The power of towns to vote and grant money for the support of town schools, is not restricted to the amount that is necessary to support the schools which the first five and the sixtieth sections of chap. 23 of the Rev. Stats, [i. e. the first section of this chapter] require them to support, under a penalty for refusal or neglect so to do ; but they have power to vote and grant money for the support of other town schools, for instruction in branches of knowledge which the Revised Statutes do not require to be taught in such schools. A town, which had raised money for the support of all the schools required by law, and had supported them, also raised money to support, and did support, a female high school, for the purpose of teaching book-keeping, algebra, geometry, history, rhetoric, mental, moral and natural philosophy, botany, the Latin and French languages, and other higher branches of knowledge than were taught in the grammar schools of the town. Held, that this was a town school within the meaning of the Revised Statutes, and that the money for its support was legally raised by tax. 10 Met. Reps. 508. 32 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 38. (SECTIONS 7 and 8.) If one who has been authorized by the school committee of a city to take charge of an evening school, employs a person to render needful assistance in preserving order outside of the door while the school is in session, the city is liable to pay a reasonable compensation to such person, although the commit- tee have never acted as a body upon this particular matter ; and, in such case, evidence is incompetent to show that in former years the school was under the sole control of the com- mittee, or that the committee had rejected the claim for compensation. 10 Allen, 149. It appears by the latest returns that 89 schools provided for in these sections, were kept in 32 cities and towns, with an aggregate attendance of 10,199 pupils, and 444 teachers, and at an expense of $52,238.33. Large numbers of these pupils have had no other advantages for education, and very many of them are adults. (SECTIONS 10 and 11.) [This beautiful provision of our state constitution has been of inestimable advantage to the State. In earlier times the university at Cambridge was the nursery of learning, virtue and religion, and in every age she has had presidents, profess- ors and tutors, who have regarded the injunction of the people expressed in their organic law. And it may with truth be said that our instructors of youth have both taught and practised the noble virtues enumerated by the fathers of the State. Abiding under the law, the clergy are everywhere the zealous friends of education. In nearly every town, clergymen are members of the com- mittees, and participate in the management of the schools ; but whether so intrusted or not, they are always willing to devote their time and talents for the welfare of the schools.] (SECT. 12.) [The duty imposed upon towns by this section, has wrought continually for the advancement of our public school system. As a necessary consequence, each town has been called every CHAP. 38.] LAWS RELATING TO PUBLIC SCHOOLS. 33 year to consider its position and wants in connection with the schools. Taxation usually leads to a careful supervision of expenditures, and hence there has been but little extravagance or wastefulness in the towns.] The whole amount thus raised for the school year, 1873-4, was $4,253,211.17, making an average of $14.74 for each child between the ages of five and fifteen years. (SECT. 14.) As to the liability of a town, the supreme court say: "The word year, as used in this statute, must be taken to be a calendar year. . . ! A town, therefore, containing the required number of families or householders, would be liable to the prescribed penalty for each calendar year during which it neglected to raise money for the support of a school, such as is specified in the statute, and this penalty not being a fixed one, but being made to depend on the highest sum ever before raised by the town for the support of schools, might change each year, if the town should increase its annual appropriation for the support of schools." 11 Gush. 178. (SECT. 16.) [The school law of 1826, chapter 170, section 1, first required towns to elect a school committee. Previous to that time the election was optional. By the statutes of 1827, chapter 143, section 5, every town was required to elect three, five or seven persons, and towns containing four thousand inhabitants were empowered to choose an additional number, not exceeding five. By the Revised Statutes (chap. 23, 10 and 12) the duty was again recog- nized, and authority given to the larger towns to choose six additional members instead of five. The Act of 1857, chapter 270, changed the number of mem- bers of the board and the term of office. The number was fixed at three or a multiple of three, and each member, after the first election, was to hold office three years, whereas previously the term was limited to one year. The evils of the old system had long been felt. It occasionally happened that a town would elect a board of new men upon an issue already past, or 34 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 38. on account of a measure whose complete effects had not been fully realized. Hence much experience was lost to the schools. The existing system gives a town an opportunity, by the elec- tion of one-third of the board each year, to express approbation or disapprobation of the school policy, while it cannot deprive the schools themselves of the experience of a majority of the members of the committee. The new system is at once demo- cratic and conservative.] This section declares that the board of school committee " shall have the general charge and superintendence of all the public schools in town." Following are various decisions of tlie supreme court defining the power thus given : Chief Justice Shaw uses the following language : " There being no specific direction how schools shall be organized ; how many schools shall be kept ; what shall be the qualifications for admission to the schools ; the age at which children may enter ; the age to which they may continue ; these must all be regu- lated by the committee under their power of general superin- tendence." " The power of general superintendence vests a plenary au- thority in the committee to arrange, classify and distribute pupils in such a manner as they think best adapted to tfieir general proficiency and welfare. If they should judge it expe- dient to have a grade of schools for children from seven to ten, and another for those from ten to fourteen, it would seem to be within their authority to establish such schools. So to separate male and female pupils into different schools." " In the absence of special legislation on this subject, the law has vested the power in the committee to regulate this system of distribution and classification ; and when this power is reasonably exercised, without being abused or perverted by colorable pretences, the decision of the committee must be deemed conclusive." 5 Cush. 207. " The general school committee of a city or town have power, under the laws of this Commonwealth, in order to maintain the purity and discipline of the public schools, to exclude therefrom CHAP. 38.] LAWS RELATING TO PUBLIC SCHOOLS. 35 a child whom they deem to be of a licentious and immoral character, although such character is not manifested by any acts of licentiousness or immorality within the school." 8 Cush . 160. " The school committee has authority, not subject to revision if exercised in good faith, to exclude a pupil from a public school for misconduct which injures its discipline and manage- ment ; and the expulsion of such a pupil from the school tiy a part of the committee, unanimously ratified afterwards by the full committee, is not an irregularity in the exercise of the authority, which gives the pupil a right of action against the town." 105 Mass. 475. (SECTIONS 17 and 18.) [To constitute a valid election, in case of vacancy, the per- son elected must have received a number of votes equal to a majority of all the persons entitled to vote. That is, if there were in a town five selectmen and five remaining members of the school committee, there would be ten persons entitled to vote ; and six votes would be necessary to an election, even though only eight, or seven, or six votes should be cast. The same rule also applies when, under the authority given in the eighteenth section, the mayor and aldermen of a city, or the selectmen of a town, proceed to elect an entire board of school committee. An article " to choose all necessary town officers," is notice only of these elections that are provided for by the standing laws. Hence it follows that vacancies occurring after the war- rant for the annual election is issued, and before the election itself is held, cannot be filled at that meeting. In such case the vacancy must be filled by the conventions provided for in the seventeenth and eighteenth sections of this chapter. The following case was recently submitted to the depart- ment. The annual meeting of a town was held on the fifth of March. Before the election of members of the school com- mittee the meeting adjourned to the first Monday of April. About the twentieth of March a member of the school commit- tee, whose term would have expired in 1861, resigned. On the twenty-seventh of March the remaining members of the committee and the selectmen, after giving due notice, elected a 36 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 38. person to fill the vacancy. At the meeting in April, it being an adjournment of the March meeting, and acting under an article in the warrant "to choose all necessary town officers," the town elected a different person to fill the vacancy. The attorney- general gave an opinion that the election by the town was not valid, and that the person elected in convention was entitled to the seat.] (SECTIONS 23 and 24.) " Under Gen. Stat. chap. 38, sects. 23, 24, the authority and duty of the school committee of a town are not confined to ascertaining by examination the literary qualifications of teach- ers selected by the prudential committee, and their capacity for the government of schools ; but they are the sole judges of their qualifications in all respects to teach and govern the school for which they are selected. "If the school committee of a town have refused to give a certificate of qualification to a person selected by the pruden- tial committee of a school district as a teacher of its school for the winter, and the prudential committee have given notice to the school committee that they shall not employ another person, and two months of the usual time of having a winter school in the district have elapsed, the school committee may properly employ a teacher and take possession of the school-house for the purpose of establishing a school." 9 Allen, 94. In Bacheldor v. City of Salem, the Supreme Court say : "The school committee have the whole power to examine teach- ers, and no one can be legally a teacher in any public school, until he has received from the school committee a written certificate of his qualification." "By this statute the committee has the power, absolutely and unconditionally, to agree upon the salaries of the teachers. There is no power given to any other men, or body of men, to contract with the teachers, and this power is given by the statute, and not by the town or city." " The legislature have imposed on the committee the duty of seeing to it that the public schools are in a condition and of a character best calculated to advance the improvement and pro- mote the good of the pupils. The character of the schools will depend on the character of the teachers, and the character CHAP. 38.] LAWS KELATING TO PUBLIC SCHOOLS. 37 of the teachers will depend on the compensation. The power to fix the compensation is chiefly intrusted to the committee, for the full, appropriate, and most useful discharge of their duties. This power the legislature, for the most satisfactory and conclusive reasons, have expressly given to them." "To say that the city is not bound to pay according to the contract of the committee, would be in effect to say, that the committee had ho power to contract." The reporter's note is as follows : " The power conferred on school committees . . . to ' select and contract with the teachers for the town and district schools ' includes the power to fix the compensation to be paid them, and to bind the town to pay the same." 4 Gusli. 599. " The power of the school committee to fix the compensation of the teachers of the schools of a city, and bind the city to pay the same, cannot be controlled by the city council except by voting to close the schools after they have been kept open the time required by law." " The power given to the school committee to contract with teachers necessarily implies and includes the power to deter- mine their salaries. And in so doing they are not restricted to the amount appropriated for the purpose by the city council. The price to be paid is as much a part of the contract as the individual who is to teach, or the school which is to be taught. The selection of a teacher depends very much upon the amount of compensation which can be offered to him. If the city coun- cil could establish the salary, it could thereby greatly narrow the range of choice, or even indirectly prevent the possibility of obtaining any suitable instructors. The city council have no control over the school committee in this respect, except by voting to close a school after it has been kept the length of time required by law. " The school committee are an independent body, intrusted by law with large and important powers and duties ; and, although every discretionary power is liable to abuse, against which no perfect safeguards can be provided, yet we are aware of no substantial reason for supposing that the power of fixing teachers' salaries is more liable to abuse by the school committee than by the city council. At all events, the interpretation of 6 38 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 38. the law to which we now adhere, was adopted many years ago (vide Batchelder vs. Salem, 4 Gush. 603), and the legisla- ture has not seen fit to change its provisions." 98 Mass. 587. (SECT. 27, amended.) ["The school committee of a town may lawfully pass an order that the schools thereof shall be opened each morning with reading from the Bible and prayer, and that during the prayer each scholar shall bow the head, unless his parents request that he shall be excused from doing so ; and may law- fully exclude from the school a scholar who refuses to comply with such order, and whose parents refuse to request that he shall be excused from doing so."] 12 Allen, 127. (SECT. 29.) Under this section " The school committee may either get the books on the credit of the town, or may buy them them- selves and thereby make themselves creditors of the town. The requisition that the school committee shall give notice of the place where such books may be obtained, is substantially complied with, if the books are placed in the hands of the schoolmasters, with notice to the schools that they may be obtained of the masters." 13 Pick. 229. (Amendment to SECT. 32.) The exercise of the power given by this article makes the public schools wholly FREE. So long as the poor are burdened with the expense of text-books, the schools are far from being free schools to their children. Wherever the plan has been adopted, the results have been satisfactory, especially in making a large saving of expense to the whole town, as well as a very grateful relief to those who are ill able to meet the expense of purchasing books for their children. (SECT. 38.) " Selectmen, who, on the failure of a school district to agree where to place their school-house, have determined the location thereof, pursuant to Kev. Stat. chap. 23, 30, and Stat. 1848, chap. 237, 1, cannot proceed to lay out the land and assess CHAP. 38.] LAWS RELATING TO PUBLIC SCHOOLS. 39 damages to the owner, without seven clays' notice to him in writing ; nor, it seems, until he has refused to sell the land or demanded an unreasonable price. "It seems that the owner of land taken for a school-house lot under Stat. 1848, chap. 237, * in the same way and manner as is provided for laying out town ways,' has no such right to remove trees or fences as the owner of land taken for a town way has by Stat. 1848, chap. 98." . "It seems that the receipt, by the owner of land taken for a school-house lot, of the damages awarded him by the select- men pursuant to Stat. 1848, chap. 287, 1, estops him to object to the irregularity of their proceedings in taking the lot." 2 Gray, 414. " Held, that it is not a sufficient designation of land by the town to authorize the selectmen to select out of it a school- house lot, under Stat. 1848, chap. 237. "It seems that a notice that the selectmen, in accordance with a vote of the town, will, on a certain day layout and assess damages for the taking of a lot of land, but not stating that it is for a school-house, is insufficient." At a meeting called " to see if the town will authorize the selectmen to select at their discretion a school-house lot," it was voted, "that the selectmen be and they are hereby author- ized to select at their discretion a school-house lot and lay out the same from the land of H. heretofore selected by the town." Held, that this is not a sufficient designation of laud by the town to authorize the selectmen to select out of it a school- house lot. "A town which, against the owner's will, illegally takes a lot of land for a school-house lot and erects a school-house thereon, .cannot be allowed anything for imprQvements, under the Rev. Stats, chap. 101, 19, 20." 10 Gray, 40. w The tender of the appraised value of land selected and laid out as a school-house lot, if the owner lives out of the Com- monwealth, may be made to the person left by him in posses- sion of the land, and, who, for some purposes, is his agent. 4 Allen, 508. "The owner of land taken for a school-house may waive the notice and tender required by the Gen. Stat. chap. 38, 40 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 39. 38, and, on the trial of a writ of entry brought by him to recover the land, the question whether he has done so is for the jury. w It is no defence to a writ of entry against a town, that the tenants have taken the demanded premises for a school-house by virtue of proceedings, under the Gen. Stat. chap. 38, com- menced since the bringing of the action." 102 Mass. 512. CHAPTER 39 Of School Districts. SCHOOI* DISTRICTS. SECTION 1. Districts, how formed, when re-organized. 2. To be corporations for certain purposes. 3. May be abolished, etc. 4. Towns to vote on abolitions of. 5. Secretary to notify towns ? etc., to insert in warrant concerning. 6. Corporate powers of, to continue for cer- tain purposes. 7. Prudential committee in each district. Duties. 8. May be chosen by the districts. 9. To consist of three persons in certain cases. 10. Vacancies in, how filled. 11. Prudential committee, duties of, to be performed by town committee, when, etc. 12. If district does not establish school, town committee may, etc. 13. District meetings, selectmen, etc., may issue warrants for. 14. Manner of warning. 15. Districts may prescribe mode of calling. 16. Clerk to be chosen, and sworn, keep rec- ords, etc. 17. Liable only for want of integrity. Dis- trict, when liable. 18. Districts may raise money for school- houses ; may fix site. 19. Towns may provide school-houses at the common expense. 20. Selectmen to determine site, in case, etc. 21. Penalty on school district for not provid- ing school-house. 22. Personal and real estate, where taxed. 23. Manufacturing corporations, where taxed. 24. Non-residents, where taxed. 25. Same subject. SECTION 26. School taxes assessed like town taxes. 27. Assessors to issue warrants to collectors. 28. Money raised to be at disposal of com- mittees. 29. If district refuses to raise money, town may order it. 30. If district neglects to organize, school committee may provide, etc. 31. Collectors to proceed as in collecting town taxes. 32. Treasurer to have like powers, etc. 33. Compensation of assessors, etc. 34. Abatement of taxes. UNION DISTRICTS. 35. Union districts, how formed, etc. 36. First meeting. Subsequent meetings. Lo- cation of house. 37. Clerk, how chosen, etc. 38. Assessments, how made. 39. Prudential committees, how constituted. Powers and duties, etc. 40. Usual schools maintained. 41. School committees, powers and duties of. CONTIGUOUS SCHOOL DISTRICTS IN ADJOINING TOWNS. 42. Contiguous districts in adjoining towns may unite. 43. Union not formed without consent of dis- tricts, etc. 44. United districts may be separated. 45. Meetings of, how called. 46. Prudential committee to be chosen, etc. 47. Money raised, to be in proportion, etc. 48. How assessed. 49. School committees of adjoining towns to ofliciate in turns. SECT. 1 Districts. 23 Pick. 70. 4 Cush. 250. 10 Cush. 418. 4 Gray, 250. 7 Gray, 411. Towns may provide for the support of schools without form- ing school districts ; or may, at a meeting called for the purpose, divide into such districts and determine the limits thereof; but shall not, oftener than once in ten years from the second day of May, eighteen hundred CHAP. 39.] LAWS RELATING TO PUBLIC SCHOOLS. 41 and forty-nine, be districted anew so as to change the taxation of lands from one district to another having a different school-house. [The provision of section one of chapter thirty-nine of the General Statutes, authorizing towns to divide into school dis- lnottoa ,. tricts, shall not be applicable to any town which has ig h w " ist a ricu [abolished] or shall hereafter abolish the school districts Js^J s 3> * therein by virtue of the provisions of the third and fourth sections of said chapter.] SECT. 2. A school district shall be a body corporate so far as to prosecute and defend in all actions relating to the prop- To be cor ^ erty or affairs of the district, and may take and hold, in i^Jfas^ioa fee simple or otherwise, any estate real or personal given e Met. 197, 546. to or purchased by the district for the support of a school or schools therein. SECT. 3. A town may, at any time, abolish the school districts therein, and shall thereupon forthwith take possession of Ma be abol all the school-houses, land, apparatus and other property islj _ e d> e *c- owned and used for school purposes, which such districts 1832 ! **> See 19. might lawfully sell and convey. The property so taken is Alien, IBS. shall be appraised under the direction of the town, and at the next annual assessment thereafter, a tax shall be levied upon the whole town, equal to the amount of said appraisal ; and there shall be remitted to the tax-payers of each district the said appraised value of its property thus taken. Or the difference in the value of the property of the several districts may be adjusted in any other manner agreed upon by the parties in interest. SECT. 4. Every town divided into school districts shall, at the annual meeting in the year eighteen hundred and sixty- Towna to vote three, and every third year thereafter, vote upon the on abolition of. question of abolishing such districts. SECT. 5. The secretary of the Commonwealth, on the recurrence of a year when the vote thus required is to be had, shall seasonably notify thereof the selectmen of the several notify towns, J J etc., to insert towns, and require them, in towns retaining the school iQ warrant concerning. district system, to insert an article in the warrant for the annual meeting, for the purpose specified in the preceding section ; and the selectmen of any town who neglect to insert such article in the warrant, when so required, shall forfeit twenty dollars. SECT. 6. Upon the abolition or discontinuance of any district, its corporate powers and liabilities shall continue and re- Co main so far as may be necessary for the enforcement of powers of, to J continue for its rights and duties ; and the property which it possessed certain pur- at the time shall be subject to all legal process against it. is Alien, IBS. 42 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 39. Prudential committee in each district. Duties. 11 Pick. 260. 4 Gush. 599. 8 Cush. 191. 12 Gray, 61. 100 Mass. 132. SECT. 7. Eveiy town divided into school districts shall, at its an- nual meeting, choose one person, resident in each school district, to be a committee for that district, and to be called the prudential committee, who shall keep the school-house in good order at the expense of the district ; and if there is no school-house, shall provide a suitable place for the school of the district at the expense thereof; shall provide fuel and all things necessary for the comfort of the scholars therein ; give information and assistance to the school com- mittee of the town to aid them in the discharge of the duties required of them ; and, when the town so determines, shall select and contract with an instructor for each school in the district. SECT. 8. If a town so determines, the prudential committee may be chosen by the legal voters of the several school dis- tricts to which they respectively belong, in such manner as the district directs. When a town determines that the prudential committees shall select and contract with the school teachers for their districts, three persons in each district may be chosen to act as such committee. When the office of prudential committee becomes vacant in any district, by reason of the death, resigna- tion, or removal of the person or persons elected, such district may fill the vacancy at a legal meeting called for the purpose. Prudential committee, how chosen. 21 Pick. 75. SECT. 9. To consist of three persons. 4 Gray, 250. SECT. 10. Vacancies in, how filled. SECT. 11, When no prudential committee is chosen for a school district, the school committee shall perform all the duties of the prudential commmitee. If a school district neglects or refuses to establish a school and employ a teacher for the same, the school committee may establish such school and employ a teacher therefor, as the prudential committee might have done. The selectmen of the several towns divided into school districts as aforesaid, or the prudential committee of every such district, upon application made to either of them respectively, in writing, by three or more residents who pay taxes in the district, shall issue their warrant, directed to one of the persons making the application, requiring him to warn the inhabitants of such district, qualified to vote in town affairs, to meet at the time and place in the district expressed in the warrant. Town commit- tee to act as, when, etc. SECT. 12. If district does not establish schools, town committee may. 9 Allen, 96. " SECT. 13. District meet- ings, selectmen etc., may warrants for. 8 Cush. 592. CHAP. 39.] LAWS RELATING TO PUBLIC SCHOOLS. 43 SECT. 14. The warning shall be given seven days at least before the time appointed for the meeting, by personal notice to every inhabitant of the district qualified to vote in town ^STing. f affairs, or by leaving at his last and usual place of abode a written notification, expressing the time, place and purpose of the meeting, unless the district prescribes another mode of warning its meetings. SECT. 15. A school district, at any regular meeting having an article in the warrant for that purpose, may prescribe Districts may the mode of warning all future meetings of the district ; mode"!!? can and may also direct by whom and in what manner such Jjf^ 213 meetings may be called. Notwithstanding such pre- ^cS^i?' scribed mode, meetings may nevertheless be called in 8 Cueh - 2 - accordance with the provisions of the two preceding sections. SECT. 16. The inhabitants of each school district, qualified to vote in town affairs, shall choose a clerk, who shall be sworn cierk to be by the moderator, in open meeting, or by a justice of swonTand keep the peace ; make a fair record of all votes passed at 2i c pick. 75.' meetings of the district ; certify the same when required, and hold his office until a successor is chosen and qualified. SECT. 17. The clerk shall be answerable only for want of integrity on his own part, and if he certifies truly to the assessors Liable only for of the town the votes of the district for raising, by a J* ofinte s- a tax, any sum of money, the district shall be liable in JJbie 04 ' when case of any illegality in the proceedings in relation to JJ **j|*- JJ- raising such money. 97 Mass - 4 ' 24 - SECT. 18. The legal voters of an}' district, at a meeting called for that purpose, may raise money for erecting or repairing school-houses in their district ; for purchasing or hiring raise moneyYor any buildings to be used as school-houses, and land for the use and accommodation thereof ; and for purchasing Jf Pick. 75. libraries and necessary school apparatus, fuel, furniture, ]J$len 205?' and other necessary articles for the use of schools ; they may also determine in what part of their district such school- houses shall stand, and choose any committee to carry into effect the provisions aforesaid. SECT. 19. The legal voters of every town ma3 r , if they think it expedient, carry into effect the provisions of the pre- Towns may ceding section at the common expense of the town, so provide echooi- far as relates to providing school-houses for the several common ex- school districts of the town ; and the town in such case may, at any legal meeting, raise money and adopt all other proper measures for this purpose, and, if already districted, may 44 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 39. take possession of the school-houses and property of the several districts in the manner provided in section three of this chapter. SECT. 20. If a school district cannot determine by a vote of two- Seiectmen to thirds of the legal voters present and voting thereon, tacSSSL* 1 * 9 where to place their school-house, the selectmen, upon 2 Gray, 414. application made to them by the committee appointed to build or procure the school-house, or by five or more of the legal voters of the district, shall determine where such school-house shall be placed. SECT. 21. A school district, obliged by law to procure a suitable school-house, shall, for neglecting one year so to do, be school 7 district liable to a fine not exceeding two hundred dollars, to viding school- be recovered by indictment, on complaint of any legal voter in said district, to be appropriated to the support of schools therein. SECT. 22. In raising and assessing money in the several school Personal and districts, every inhabitant of the district shall be taxed where taxed?' * u tne district in which he lives, for all his personal 12^"' it!', estate, and for all the real estate which he holds in the 9 Gray, 433. town, being under his own actual improvement ; and all other of his real estate in the same town shall be taxed in the district in which it lies. [Nothing contained in chapter two hundred and eight of the acts of the year eighteen hundred and sixty -four, or in chap- 1865, taxing of ter two hundred and eighty-three of the acts of the year poraSonB? C not eighteen hundred and sixty-five, shall be construed to e? 8 ? xei exempt the owners of shares in the capital stock of any corporation from liability to taxation for school district and parish purposes. SECT. 23. In the assessment of taxes pursuant to the preceding Manufacture section, all real estate and machinery belonging to whTrTtaxTd' manufacturing corporations or establishments shall be taxed in the school districts where the same are situated ; and in assessing the shares in such corporation, or the personal estate of the owners of such establishments, for the like purposes, the value of such machinery and real estate shall first be deducted from the value of such shares or personal estate. SECT. 24. All the lands within a town, owned by the same Non residents person not living therein, shall be taxed in the same wher. taxed. ' district, SECT. 25. When the estate of a non-resident owner is taxed, it may Same subject ke taxed in such district as the assessors of the town de- QT^aBB 427" termine ; and the assessors, before they assess a tax for 100 MSS. 134. any district, shall determine in which district the estate CHAP. 39.] LAWS RELATING TO PUBLIC SCHOOLS. 45 of any such non-resident shall be taxed, and certify in writing their determination to the clerk of the town, who shall record the same ; and such estate, while owned by the same person resident without the limits of the town, shall be taxed in such district accordingly- until the town is districted anew. SECT. 26. The assessors of the town shall assess, in the same man- ner as town taxes are assessed, on the polls and estates gchool ^^ of the inhabitants of each school district, and on all assessed like town taxes. estates liable to be taxed therein as aforesaid, all money 3 Mass. 230. 3 Oush. 567. voted to be raised by the legal voters of such district for i* Pick. 362. the purposes aforesaid ; and such assessment shall be made within thirty days after the clerk of the district has certified to said assessors the sum voted by the district to be raised. SECT. 27. The assessors shall make a warrant, substantially in the form heretofore used, except that a seal shall not be re- ^^son^^ quired thereto, directed to one of the collectors of the sue warrants to collectors. town, requiring him to collect the tax so assessed, and to pay the same to the treasurer of the town within a time to be limited in the warrant ; and a certificate of the assessment shall be made by the assessors and delivered to the treasurer. SECT. 28. The money so collected and paid shall be at the dis- posal of the committee appointed by the district, to be by Mone rai them applied to the building or repairing of school- to be at dispos- houses, or to the purchase of buildings to be used as such, or of land for their sites, as before provided, and accord- ing to the votes or directions of the legal voters of the district. SECT. 29. If at a meeting of the legal voters of a school district called for the purpose of raising money, a majority of Jf district re- the voters present are opposed thereto, any five inhatii- money! tJwa tants of the district, who pay taxes, may make applica- may order il< tion in writing to the selectmen of the town, requesting them to insert in their warrant for the next town meeting an article requiring the opinion of the town relative to the expediency of raising such money as was proposed in the warrant for the district meeting ; and if the majority of the voters think the raising of any of the sums of money proposed in the warrant is necessary and expedient, they may. vote such sum as they think necessary for said purposes, and the same shall be assessed on the polls and estates of the inhabitants of such district, and be collected and paid over in the manner before provided. They may also empower the selectmen of the town, or the school committee, or may choose a committee, to carry into effect the purposes for which such money is voted, if such district neglects or refuses to choose a committee for that purpose. 7 46 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 39. SECT. 30. If a district neglects to organize by the choice of officers, the money necessary for the erection, repair, or enlarge- If district neg. lects to organ- ment of a school-house therein, may be expended by mitteemay pro- order of the school committee, and, upon their certificate, shall be assessed upon the polls and estates of the inhab- itants of the district, collected like other district taxes, and paid into the treasury of the city or town. SECT. 31. In collecting district taxes the collectors shall have the Collectors, how same powers and proceed in the same manner provided tocollecttkxes. by law in co ll C ti n g town taxes. SECT. 32. The treasurer of a towa, to whom a certificate of the Treasurer, assessment of a district tax is transmitted, shall have the powers of, etc. j^ au thority to enforce the collection and payment of the money so assessed and certified, as he has in the case of money raised by the town, for the use of the town. SECT. 33. The assessors, treasurer, and collector, shall have the same compensation, respectively, for assessing, collecting Compensation Y ^ of assessors, and paying out money, assessed for the use of a school distrk-t, as is allowed by the town for like services in respect to town taxes. SECT. 34. The assessors shall have the same power to abate the Abatement of tax, or anv P ar ^ thereof, assessed on an inhabitant of a school district, as they have to abate town taxes. UNION DISTRICTS! SECT. 35. Two or more contiguous school districts in a town may, by a vote of two-thirds of the legal voters of each dis- union districts, -, . , ,. ,. ,, , , . how formed, tnct, present and voting at legal meetings of their re- c spective districts called for the purpose, associate and form a union district, for the purpose of maintaining a union school for the benefit of the older children of such associated districts ; such district shall have the powers, privileges and liabilities of school districts, with such name as the district determines at its first meeting. SECT. 36. The districts proposing such association shall, at the First meeting. time of voting to form the union, respectively agree upon meetfngs^Vo- tne time, place and manner of calling the first meeting cation of house. of the un i on district, which may from time to time deter- mine the mode of calling and warning its meetings, the time and place of its annual meetings, and the place where its school-house shall stand. The location of the school-house, if not determined by the district, shall be referred to the selectmen, as provided for other dis- tricts. SECT. 37. Each union district, at its first meeting, shall choose by CHAP. 39.] LAWS RELATING TO PUBLIC SCHOOLS. 47 ballot a clerk, who shall be sworn in the manner, and perform the duties, prescribed for clerks of other school districts, Clerk, how cho- and hold the office until a successor is chosen and 8en > etc - qualified. SECT. 38. In raising and assessing money in such districts, every inhabitant shall be taxed in the manner in which inhabi- Assessments, tants of other school districts are taxed, and the real estate of non-resident owners taxable in either of the districts composing the union district shall be taxed in such districts. SECT. 39. The prudential committees of the respective districts, forming the union district, shall together constitute the Prudential prudential committee of such district ; have the powers how^onsutut. and discharge the duties, in relation to the school and Powers and du- school-house of the district, prescribed to prudential tie8f etc * committees in relation to the schools and school-houses in their respect- ive districts : and determine what proportion of the money raised and appropriated by the town for each of the districts composing the union district shall be appropriated and expended in paying the instructors of the union school ; subject in all matters to any legal votes of the union district. SECT. 40. The public schools required by law shall continue to be maintained in each of the districts thus associated, as usual schools if no union district had been formed. SECT. 41. The school committee shall have the powers and duties in relation to such union school which they have in rela- school com- tion to other district schools. SJ^Sd duS of. [Amendment.] [Any two or more contiguous school districts in any town in this- Commonwealth, may be united and form one school dis- Contj trict : provided, that at a legal town meeting held for Jji^ 018 majr that purpose, a majority of the voters present and voting 161 132 - thereon shall be in favor of such union. SECT. 2. Such school district when formed, shall have all the powers, privileges, and be subject to the liabilities, of Privilegea an(J school districts under the law of this Commonwealth.] restrictions. CONTIGUOUS SCHOOL DISTRICTS IN ADJOINING TOWNS. SECT. 42. If two or more contiguous school districts in adjoining towns are too small to maintain schools advantageously ContiguoU9 in each, such districts may unite and form one district, districts in ad- joining towns- with the powers, privileges, and liabilities allowed or may unite. prescribed in 'regard to school districts. 48 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 39. SECT. 43. No districts shall be so united, unless the legal voters of union not each, at legal meetings called for the purpose, agree ouc e ascertain, or cause to be ascertained, the names committees as an( j ages of all persons belonging to their respective tween 5 and 15 towns and cities on the first day of May, between the years. J J ' 1874, 303. a ges of five and fifteen years, and make a record thereof. SECT. 2. The school committee shall annually, on or before the last day of the following April, certify under oath, the numbers so ascer- tained and recorded, and also the sum raised by such city or town for the support of schools during the preceding school year, including only wages and board of teachers, fuel for the schools, and care of the fires and school-rooms, and they shall transmit such certificate to the secretary of the board of education. The form of such certificate shall be as follows, to wit : We, the school committee of , do certify that on the first day of May, in the year , there were belonging to said town the number of persons between the ages of five and fifteen ; and we further certify that said town raised the sum of dollars, for the support of public schools for the preceding school year, including only the wages and board of teachers, fuel for the schools and care of fires and school-rooms ; and that said town maintained, during said year, each of the schools required to be kept by the first section of the thirty-eighth chapter of the General Statutes for a period not less than six months ; and we further certify that said town maintained during said year school for the benefit of all the inhabitants of the town as required by section two of chapter thirty- eight of the General Statutes for months and days. \School Committee. [88.] On this day of personally appeared the above named school committee of and made oath that the above certificate by them sub- scribed, is true. Before me, Justice of the Peace.'] CHAP. 40.] LAWS RELATING TO PUBLIC SCHOOLS. 55 In the returns made by the school committee to the 20 da s or 40 secretary of the board of education, twenty days or forty ^n'tl? 78 ne half-days of actual session shall be counted as one month. 1865 142 - SECT. 5. The school committee shall cause the school registers to be faithfully kept in all the public schools, and shall Re . gters annuall} 7 on or before the last day of April, return the returns. blank forms of inquiry, duly filled up, to the secretary of Seech.38,2o. the board of education ; and shall also specify in said returns the pur- poses to which the money received by their town or city from the income of the school fund has been appropriated. SECT. 6. The school committee shall annually make a detailed report of the condition of the several public schools, committees' re- which report shall contain such statements and sugges- JS;\Siered tions in relation to the schools as the committee deem JSnted.' to be necessary or proper to promote the interests thereof. fion* ^sw 20 * The committee shall cause said report to be printed for 101 Mas *- u *- the use of the inhabitants, in octavo, pamphlet form, of the size of the an- nual reports of the board of education, and transmit two copies thereof to the secretary of said board, on or before the last day of April, and deposit one copy in the office of the clerk of the city or town. SECT. 7. When a school committee fails within the prescribed time to make either the returns or reports required of them by law, the secretary of the board of education shall forthwith notify such committee, or the clerk of the city 2ch.38,20. or town, of such failure ; and the committee or clerk shall immediately cause the same to be transmitted to the secretary. SECT. 8. If a report or return is found to be informal or incorrect, the secretary shall forthwith return the same, with a When informal, statement of all deficiencies therein, to the committee etc. Seech. 38, 20. for its further action. SECT. 9. The returns or reports of a city or town so returned by the secretary for correction, or which have not reached p en aity for his office within the time prescribed by law, shall be ? e r ^at'etc, in ~ received by him if returned during the month of May ; report but in all such cases ten per cent, shall be deducted from the income of the school fund which such city or town would have been otherwise entitled to. If such returns or reports fail to reach his office before the first day of June, then the whole of such city or town's share of the income shall be retained by the treasurer of the Commonwealth, and the amount so retained, as well as the ten per cent, when de- ducted, shall be added to the principal of the school fund. And such city or town shall in addition thereto forfeit not less than one hundred nor more than two hundred dollars : provided, however, if said returns and reports were duly mailed in season to reach such office within the 56 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 40. Reports, etc., of board of edu- cation, how received, delivered, and for what pur- In whom prop- erty of. time required by law, then the city or town from which said returns or reports are due shall be exempt from the forfeiture otherwise incurred. SECT. 10. The clerk of each city and town shall deliver one copy of the reports of the board of education and its secretary to the secretary of the school committee of the city or town, to be by him preserved for the use of the com- mittee, and transmitted to his successor in office ; and two additional copies of said reports, for the use of said committee ; and shall also deliver one copy of said reports to the clerk of each school district, to be by him deposited in the school district library, or, if there is no such library, carefully kept for the use of the prudential committee, teachers and inhabitants of the district, during his continuance in office, and then transmitted to his successor ; and in case the city or town shall not be districted, said reports shall be delivered to the school committee, and so deposited by them as to be accessible to the several teachers and to the citizens ; and such reports shall be deemed to be the property of the town or city, and not of any officer, teacher, or citizen, thereof. SECT. 1 1 . When the school committee of a city or town is not less Who to sign re- than thirteen in number, the chairman and secretary thereof may, in behalf of the committee, sign the annual school returns and the certificate required by sections four and five. A city or town which has forfeited any part of its portion of the income of the school fund through the failure of the school committee to perform their duties in regard to the school report and school returns, may withhold the compensation of the committee. SECT. 13. The several school teachers shall faithfully keep the registers furnished to them, and make due return thereof to the school committee, or such person as they may designate, and no teacher shall be entitled to receive payment for services until the register, properly filled up and completed, shall be so returned. SECT. 12. Penalty on committee for neglect in returns, etc. Registers, how kept. Teachers not to draw pay until return of register. 2 Allen, 592. [Chap. 123, 1867.] [SECT. 1. It shall be the duty of the trustees, officers, or persons in charge of all institutions of learning, whether literary, scientific or professional, incorporated, supported or aided by this Commonwealth ; of all 'reform schools and almshouses ; of all private educational institutions ; also, of all agents, guardians or treasurers to whom appropriations shall be made for the support of schools among the Indians of this Commonwealth, whether by Officers of institutions of learning, reform and charity, and of Indian schools, to report annu- ally on June 1st, to board of education. 1867, 123. CHAP. 40.] LAWS RELATING TO PUBLIC SCHOOLS. 57 general statute or special resolve, on or before the first day of June in each } r ear, to make a report in writing to the board of education, at the office of the secretary, of such statistics of the several institutions or schools under their charge, relating to the number of pupils and instructors, courses of study, cost of tuition and the general condition of said institution or school, as said board shall prescribe. SECT. 2. The board of education shall prepare blank forms of inquiry for such statistics as they shall deem expedient Board to sup to require, and shall cause the same to be sent to each of Sefo f i?ITenth r said institutions or schools, on or before the tenth day of Ma y- May in each year. In preparing said forms, reference shall be had to the requirements of the national bureau of education recently created by the general government.] [Substitute for Sections 3 and 4.] No more important duty is laid upon the scbool committee than that prescribed by the first section of this substitute. If properly discharged, two results will follow : First, the census will be far more full and accurate than heretofore ; and second, the commit- tee, who are charged with the duty of enforcing, through the aid of thetruant officers, the laws relating to school attendance, will have in their own hands a complete knowledge of the persons and facts, necessary to the proper discharge of their duties. I respectfully recommend that the census be taken by the truant officers, who are appointed by the school committee, whenever the committee cannot take it personally. Also, that it be taken by districts, and that papers be prepared for taking it which shall be so ruled as to give separate columns : First, for the parent's name ; second, for the names of the children in the order of age; third, for the age of each; and, fourth, for any general remarks ; to wit, whether attending school or not, what the pursuit of, etc. These should be copied " recorded " in a book properly prepared, and the census for each district given, with the school register, to each teacher who has charge of a school. So doing, the means will be always at hand to ascertain who are attending the school and who are the absentees. It should be noticed that the enumeration is required of all " belonging to the town" thereby excluding all transient resi- dents, whether for purposes of work or attendance upon acade- mies, etc. 58 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 41. (SECT. 6.) " A town may appropriate money to indemnify its school com- mittee for expenses incurred in defending an action for an alleged libel contained in a report made by them in good faith and in which judgment has been rendered in their favor." " A warrant for a town meeting ' to hear the report of any committee heretofore chosen, and pass'any vote in relation to the same,' is sufficient to enable the meeting to vote sums recommended by a committee appointed at a former meeting, the warrant for which fully set forth the business to be brought before it." 11 Gray, 340. "A school committee of a city caused to be printed an address by them to the people of the city regarding an occur- rence in the public schools, and referred to such address in their subsequently printed annual report as a part thereof. Held, that they were authorized to charge the expense of print- ing the address upon the city, by the Gen. Stats, chap. 40, 6, directing them to make annually a report of the condition of the schools and cause it to be printed for the use of the inhabi- tants." 101 Mass. 142. (SECT. 13.) " A teacher of a district school cannot recover payment for his services until he has filled up and completed the register of the school kept by him, in compliance with the requirement of Stat. 1849, chap. 209 ; and the school committee of the town have no power to waive a performance of this duty by him." 2 Allen, 592. CHAPTER 41. Of the Attendance of Children in the Schools. SECTION 1. Children to be sent to school by parents, etc. Penalty for neglect. Excuses for neglect. 2. Truant officers and school committee to inquire and report. 3. All children may attend where they reside. 4. School committee to regulate admission, etc., to high school. 5. Children may attend in adjoining town, and committee pay for instruction. SECTION 6. Wards may attend where guardian resides. 7. Children may attend in other towns than place of parents' residence, and parents pay, etc. 8. Children not to attend unless vaccinated. 9. Race, etc., not to exclude. 10. Teachers and school committee to state grounds of exclusion. 11. Damages for exclusion, how recovered. 12. Interrogatories to committee, etc. CHAP. 41.] LAWS RELATING TO PUBLIC SCHOOLS. 59 [Substituted for Sections 1 and 2.] [Every person having under his control a child between the ages of eight and fourteen years, shall annually cause such child to attend some public day school in the city or town in which he resides, at least twenty weeks ; which time shall be divided into two terms each of ten consec- 874 ' 233 ' utive weeks so far as the arrangement of school terms will allow ; and for every neglect of such duty the party offending shall forfeit to the use of the public schools of such city or town a sum not exceeding twenty dollars ; but if the party so neg- nlgiecf. EX- lecting, was not able, by reason of poverty, to send such child to school, or such child has attended a private day school, approved by the school committee of such city or town for a like period of time ; or is regularly attending a public or private day school, known as a half-time school, also approved by them, or that such child has been otherwise furnished with the means of education for a like period of time, or has already acquired the branches of learning taught in the public schools ; or if his physical or mental con- dition is such as to render such attendance inexpedient or impractica- ble, the penalty before mentioned shall not be incurred : provided, that no objection shall be made by the school committee to any such school on account of the religious teaching in said school.] [SECT. 2. The truant officers and the school committee of the sev- eral cities and towns shall vigilantly inquire into all cases of neglect of the duty prescribed in the preceding to^ufre and section, and ascertain the reasons if any therefor ; and pro such truant officers, or any of them, shall, when so directed by the school committee, prosecute, in the name of the city or town, any person liable to the penalty provided for in the preceding section. Justices of police of district courts, trial justices, trial justices of juvenile offenders, and judges of probate shall have juris- diction within their respective counties of the offences to have' juris-' ., -, . , , . , -i diction. described in this act.] SECT. 3. All children within the Commonwealth may attend the public schools in the place in which they have their legal Children to at- residence, subject to the regulations prescribed by law. they reside. SECT. 4. The school committee shall determine the number and qualifications of the scholars to be admitted into the Admisssion to school kept for the use of the whole town. how regulated. SECT. 5. Children living remote from any public school in the town in which they reside, may be allowed to attend the pub- * Children may lie schools in an adjoining town, under such regulations, ?" "* ~" and on such terms, as the school committees of the said and committee pay for mstruc- towns agree upon and prescribe ; and the school commit- tee of the town in which said children reside shall pay 60 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 41. Towns may raise money to convey, etc. 1869, 132. SECT. 6. Wards, where may attend. SECT. 7. Children may attend in other towns than place of pa- rents' resi- dence, and pa- rents pay, etc. 103 Mass. 104. out of the appropriations of money raised in said town for the support of schools the sum agreed upon. SECT. 1. [Any town in this Commonwealth may raise by taxation or otherwise, and appropriate money to be expended by the school committee in their discretion, in providing for the conveyance of children to and from the public schools.] Minors under guardianship, their father having deceased, may attend the public schools of the city or town in which their guardian is an inhabitant. With the consent of school committees first obtained, children [without limitation as to age, 1873, 292] may attend schools in cities and towns other than those in which their parents or guardians reside ; but whenever a child resides in a city or town different from that of the residence of the parent or guardian, for the sole. purpose of attending school there, the parent or guardian of such child shall be liable to pay to such city or town, for tuition, a sum equal to the average expense per scholar for such school for the period the child shall have so attended. SECT. 8. The school committee shall not allow any child to be admitted to or connected with the public schools, who has not been duly vaccinated. No person shall be excluded from a public school on ac- count of the race, color, or religious opinions, of the applicant or scholar. Every member of the school committee under whose directions a child is excluded from a public school, and every teacher of such school from which a child is excluded, shall, on application by the parent or guardian of such child, state in writing the grounds and reason of the exclusion. SecT. 11. A child unlawfully excluded from any public school shall recover damages therefor in an action of tort, to be brought in the name of such child by his guardian or next friend against the city or town by which such school is supported. The plaintiff in such action may, by filing interrogato- ries for discovery, examine any member of the school committee, or any other officer of the defendant city or town, as if he were a party to the suit. Children to be vaccinated. SECT. 9. Color, etc., not to exclude. 12 Allen, 127. SECT. 10. Teachers, etc., to state grounds of exclusion. Damages for exclusion. 8 Gush. 160. 7 Gray, 245. 12 Allen, 129. See ch. 38, 16, and notes. SECT. 12. Interrogatories to committee, etc. [Substituted for Sections 1 and 2.] [The present law contemplates that each child shall receive as much training as may be given between the ages of eight CHAP. 41.] LAWS RELATING TO PUBLIC SCHOOLS. 61 and fourteen years, by his attendance upon a public school twenty weeks each year, each ten weeks of the twenty to be consecutive. At most, this period is brief for the accomplishment of so im- portant a work as the training of a human being for the responsi- bilities of life ; and hence the imperative nature of the duty resting upon truant officers and committees in regard to the enforcement of the law. It is not to be assumed that the legal rights of children in the schools are limited to the period when they are between eight and fourteen years of age, or even to the period between five and fifteen; for it cannot be' doubted that youth under twenty-one years of age are entitled to the benefits of the public schools, while committees may exercise a discretion in excluding those who are not physically and intellectually qualified, even though they are more than five years of age. It is not sufficient for committees and truant officers to wait for information to bo given to them of neglect of duty by parents and guardians ; but they should discover and inquire into all such cases, and pursue the delinquents according to the requirements of law. In no other way can we save portions of society from the " barbarism " which our ancestors would not suffer. It generally happens that those families which are most indifferent to the education of the children in the schools, have the fewest means of educating them under the domestic roof.] (SECT. 5.) "The town having raised money, pursuant to law, for the support of schools within the town, had no authority to vote that a portion of it should be refunded to an individual, to be expended in another town, or for any other purpose. It would disturb the harmony of the public school system, and is not warranted by law." Shaw, C. J., in Withington v The Inhabitants of Harvard, 8 Gush. 67. (SECT. 7.) " Towns and cities are not authorized by law to open their schools to children whose parents or guardians reside in- another State ; and, if they do so, no promise, express or implied, of the parents or guardians, to pay for the tuition, can be enforced. LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 42. "The provisions of the Gen. Stat. chap. 41, 7, that, with the consent of the school committee first obtained, children between certain ages may attend school in towns or cities other than those where their parents or guardians reside, apply only to children whose parents or guardians reside in Massachusetts." Inhabitants of Haverhill v. John G. Gale, 103 Mass. 104. CHAPTER 42 Of the Employment of Children and Regulations Respecting Them. SECTIONS OF SUBSTITUTED CHAPTER. 1. Children under ten not to be employed, nor under fifteen, unless, etc. 2. Children under fifteen not to be employed over sixty hours a week. 3. Penalty. 4. State constable to enforce, etc. SECTIONS OF SUBSTITUTED CHAPTER. 1. Cities and towns to make by-laws respect- ing habitual truants. 2. School committees to appoint truant offi- cers, and fix their compensation. 3. Penalty, etc. 4. Officers having jurisdiction. 5 and 6. County commissioners, when to establish places of confinement, etc. 7. State primary school at Monson may be assigned. [Chap. 285, 1867, substituted for Sections 1, 2 and 3 of this Chapter.] [SECT. 1, Child under 10 years shall not be employed, nor under 15, unless, etc. No child under the age of ten years shall be employed in any manufacturing or mechanical establishment within this Commonwealth, and no child between the age of ten and fifteen years shall be so employed, unless he has attended some public or private day school under teachers approved by the school committee of the place in which such school is kept, at least three months during the year next preceding Proviso sucln em ploy m e n t : provided, said child shall have lived within the Commonwealth during the preceding six months ; nor shall such employment continue unless such child shall attend school at least three months in each and every (Shall so attend * da y . year ; and provided, that tuition of three hours per day in a public or private day school approved by the school committee of the place in which such school is kept, during a term of six months, shall be deemed the equivalent of three months' attendance at a school kept in accordance with the customary hours of tuition ; and no time less than sixty days of actual schooling shall be accounted as three months, and no time less than one hundred and twenty half- days of actual schooling shall be deemed an equivalent of three months. No child under the age of fifteen years shall be employed in any manufacturing or mechanical establishment more than sixty hours in one week. SECT. 3. Any owner, agent, superintendent or over- seer of any manufacturing or mechanical establishment, who shall school, time in, how construed. SECT. 2. Child under 15 not to work over 60 hours a week. CHAP. 42.] LAWS RELATING TO PUBLIC SCHOOLS. 63 knowingly employ or permit to be employed any child in violation of the preceding sections, and any parent or guardian who penalt allows or consents to such employment, shall, for such 9 Met - 562 offence, forfeit the sum of fifty dollars. SECT. 4. It shall be the duty of the constable of the Common- wealth to specially detail one of his deputies, to see that State coneta bie the provisions of this act, and all other laws regulating to enforce and the employment of children or minors in manufacturing emor. or mechanical establishments, are complied with, and to prosecute offences against the same ; and he shall report annually to the governor all proceedings under this act ; and nothing in this section shall be so construed as to prohibit any person from prosecuting such offences.] [Substituted for Sections 4, 6, 6, 7 and 8 of this Chapter.] [SECT. 1. Each city and town shall make all needful provisions and arrangements concerning habitual truants and children 1873 262 between the ages of seven and fifteen years who may be By-laws re- - Bpecting habit- found wandering about in the streets or public places of uaitruant,etc. such city or town, having no lawful occupation or business, not attend- ing school, and growing up in ignorance ; and shall also make such b} T -laws as shall be most conducive to the welfare of such children, and to the good order of such city or town ; and shall provide suitable places for the confinement, discipline and instruction of such children : provided, that said by-laws shall be approved by the superior court, or a justice thereof, or by the judge of probate of the county. SECT. 2. The school committee of the several cities and towns shall appoint and fix the compensation of two or more suitable persons, to be designated as truant officers, who shall, under the direction of said committee, inquire into compensation 8 .' all cases arising under such by-laws, and shall alone be 10Allen ' 149 - authorized, in case of violation thereof, to make complaint and carry into execution the judgment thereon, [and may serve g all legal processes issued by the courts in pursuance of [this] act, but shall not be entitled to or receive any fees therefor.] SECT. 3. Any minor convicted under such by-law of being an hab- itual truant, or of wandering about in the streets and , ,. , ., , i / i Minor convict- public places of any city or town, having no lawful edmaybecom- employment or business, not attending school and grow- ing up in ignorance, shall be committed to any institution of instruction or suitable situation provided for the purpose under the authority of section one, of this act, or by law, for such time, not exceeding two years, as the justice or court having jurisdiction may determine. Any minor so committed may, upon proof of amendment, or for other sufficient cause shown upon a hearing of the case, be discharged by such justice or court. 64 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 42. SECT. 4. Justices of police or district courts, trial justices, trial having' JU& justices of juvenile offenders, and judges of probate Bee 1 ? 1 ? of this shall ^ave jurisdiction within their respective counties, ation r of "d? 611 " ^ tne on " ences described in this act. SECT. 5. When three or more cities or towns in any county shall so require, the county commissioners shall establish at County com- . missioners, convenient places therein, other than the jail or house of vide a place of correction, at the expense of the county, truant schools, for the confinement, discipline and instruction of minor children convicted under the provisions of this act, and shall make suitable provisions for the government and control of said schools, and for the appointment of proper teachers and officers thereof. SECT. 6. Any city or town may assign any such truant school as the place of confinement, discipline and instruction for persons con- victed under the provisions of this act ; and shall pay such sum for the support of those committed thereto as the county commissioners shall determine, not exceeding the rate of two dollars per week for each person. SECT. 7. Any city or town may, with the assent of the board of Ma be sent to state cnar iti es > assign the state primary school at Monson state primary as the place of confinement, discipline and instruction school at Mon- n - for persons convicted under the provisions of this act, instead of the truant schools heretofore mentioned ; and shall pay for the support of such persons committed thereto, such sum as the in- spectors of said school shall determine, not exceeding two dollars per week for each person. Any minor so committed, may, upon satisfac- tory proof of amendment, or for other sufficient cause, be discharged by the board of state charities.] [Section 3 of Chapter 285.] w A corporation is not liable to the penalty imposed by Stat. 1840, chap. 60, 3, on the owner, agent or superintendent of a manufacturing establishment, for employing children under the age of twelve years in laboring more than ten hours in a day in such establishment." 9 Met. 562. The Care and Education of Neglected Children. [Chap. 283, 1866.] [SECT. 1. Each of the several cities and towns in this Common- wealth is hereby authorized and empowered to make all 'Towns may provide for needful provisions and arrangements concerning children children of drunken and under sixteen years of age, who by reason of the neglect, vicious parents. . ' crime, drunkenness or other vices of parents, or from orphanage, are suffered to be growing up without salutary parental CHAP. 42.] LAWS RELATING TO PUBLIC SCHOOLS. 65 control and education, or in circumstances exposing them to lead idle and dissolute lives ; and may also make all such by-laws and ordi- nances respecting such children, as shall be deemed most conducive to their welfare and the good order of such city or town : provided, that said by-laws and ordinances shall be approved by the superior court, or in vacation by a justice- thereof, and shall not be repugnant to the laws of the Commonwealth. SECT. 2. The mayor and aldermen of cities and the selectmen of towns availing themselves of the provisions of this act shall severally appoint suitable persons to make com- plaints in case of violations of such ordinances or by-laws as may be adopted, who alone shall be authorized to make complaints under the authority of this act. SECT. 3. When it shall be proved to any judge of the superior court, or judge or justice of a municipal or police court, or to any trial justice, that any child under sixteen years justice r may of age, by reason of orphanage or of the neglect, crime, Jpwn inSitiu drunkenness or other vice of parents, is growing up without education or salutary control, and in circumstances exposing said child to an idle and dissolute life, any judge or justice aforesaid, shall have the power to order said child to such institution of instruc- tion or other place that may be assigned for the purpose, as provided in this act, by the authorities of the city or town in which such child may reside, for such term of time as said judge or justice may deem expedient, not extending beyond the age of twenty-one years for males, or eighteen years for females, to be there kept, educated and cared for according to law. SECT. 4. Whenever it shall be satisfactorily proved that the parents of any child committed under the provisions of this act, shall have reformed and are leading orderly and indus- may en bY dS trious lives, and are in a condition to exercise salutary parental control over their children, and to provide them with proper education and employment ; or whenever said parents being dead, any person may offer to make suitable provision for the care, nurture and education of such child as will conduce to the public welfare, and will give satisfactory security for the performance of the same, then the directors, trustees, overseers or other board having charge of the insti- tution to which such child may be committed, may discharge said child to the parents or to the part}' making provision for the care of th child as aforesaid.] 66 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 42. Penalty for Disturbing Schools, etc. [Gen. Stat., Chap. 165, Sect. 23.] SECT. 23. Whoever wilfully interrupts or disturbs any school or Disturbance of otlier assembl j of people met for a lawful purpose, shall pu^nc 8 meeu ^e P unislied ty imprisonment in the jail not exceeding in g fl - thirty days, or by fine not exceeding fifty dollars. This statute " includes meetings assembled for the discussion of the subject of temperance; and also, it seems, political gatherings, meetings for amusement, and all public meetings held for lawful purposes." 1 Gray, 476. [Chap. 279, Acts of 1874.] No license shall be granted by the mayor and aldermen or select- men of any city or town for any exhibition mentioned in section seventy-four of chapter eighty-eight of the General Statutes at which children under the age of fifteen years are employed as acrobats, con- tortionists or in any feats of gymnastics or equestrianism. NORMAL SCHOOLS. [Chap. 70, Resolves of 1838.] WHEREAS, by letter from the Honorable Horace Mann, secretary of the board of education, addressed on the twelfth of March current, to the president of the senate and speaker of the house of representa- tives, it appears, that private munificence* has placed at his disposal the sum of ten thousand dollars to promote the cause of popular edu- cation in Massachusetts, on condition that the Commonwealth will contribute, from unappropriated funds, the same amount in aid of the same cause, the two sums to be drawn upon equally, from time to time, as needed, and to be disbursed under the direction of the board of education in qualifying teachers for the common schools ; therefore Resolved, That his excellency the governor is hereby authorized, by and with the advice and consent of the council, to draw his warrant upon the treasurer of the Commonwealth, in favor of the board of education, for the sum of ten thousand dollars, in such instalments, and at such times as said board may request : provided, that said board, in their request, shall certify that the secretary of said board has placed at their disposal an equal amount to that for which such application may be made by them ; both sums to be expended under the direction of said board, in qualifying teachers for the common schools in Massachusetts. * Of Hon. Edmund Dwight. CHAP. 42.] LAWS RELATING TO PUBLIC SCHOOLS. 67 Resolved, That the board of education shall render an annual account of the manner in which said moneys have been by them expended. [Chap. 49, Resolves of 1853.] Resolved, That the board of education be, and they are hereby authorized to establish a state normal school at some suitable place in the county of Essex, and that the sum of six thousand dollars be, and the same is hereby appropriated from the proceeds of the public lands or the school fund, according to the provisions of the act of the year one thousand eight hundred and forty-six, chapter 219, to defray the expense of providing a site, of erecting or purchasing a suitable building, and furnishing the necessary appurtenances and apparatus for said school ; and that the same be expended for that purpose under the direction of the board of education, upon whose requisition the governor is hereby authorized to draw his warrants upon the treasury to the amount aforesaid. Resolved, That the board of education be, and they are hereby authorized to purchase and receive grants of land in the name of the Commonwealth, and in suitable quantity, for the site of said building and the accommodation of said school ; and that, before selecting said site, they be directed to receive propositions from towns or individ- uals in said county of Essex, in aid of the object of these resolves, and afterwards to make such selection as will in their opinion best subserve the interests and accommodate the wants of said school. [Chap. 79, Resolves of 1871.] Resolved, That the board of education are hereby authorized and required to establish a state normal school in the city of "Worcester, and that the sum of sixty thousand dollars is hereby appropriated to defray the expenses of erecting a suitable building and furnishing the necessary appurtenances and apparatus for said school, and that the same be expended under the direction of the board of education, upon whose requisition the governor is hereby authorized to draw his warrant for the amount aforesaid to be paid from the school fund : provided, that the deficit of income of the school fund occasioned by such payment shall be deducted from the moiety of the income of said fund applicable to educational purposes, in such manner as not to affect the amount to be apportioned and distributed for the support of public schools. Resolved, That the trustees of the Worcester Lunatic Hospital are hereby authorized and required to convey to the board of education and its successors, in trust for the Commonwealth, a tract of land situated in said city of Worcester of not more than five acres, to be located by the governor and council, east of a line drawn one hundred 68 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 42. and seventy feet east of the easterly line of Mulberry Street, and north of a line drawn five hundred feet south of the southerly line of Prospect Street, when extended east as proposed : and west of the westerly line of Wilmot Street, when extended southerly as proposed ; the conveyance of said land to include a right of way thereto from East Central Street, the location whereof shall be determined and fixed by the governor and council, if, in their opinion, said right of way is necessary and desirable. Resolved, That the city of Worcester is hereby authorized to lay out and extend Prospect Street, from its present easterly terminus to its intersection with the proposed line of the prolongation of Wilmot Street ; also to extend Wilmot Street southerly to the proposed inter- section with the extension of Prospect Street, and from that point southerly to East Central Street. Resolved, That the value of said land shall be determined and fixed by the governor and council, and the amount shall be credited by the treasurer of the Commonwealth to the fund created by the provisions of section four of chapter two hundred and thirty-eight of the acts of the year eighteen hundred and seventy. Resolved, That the city council of the city of Worcester may raise by taxation or otherwise, the sum of fifteen thousand dollars, and may pay the same to the board of education for the purposes named in these resolves : provided, that these resolves shall not take effect until the city of Worcester or the inhabitants thereof shall have paid to the board of education the sum of fifteen thousand dollars to aid in the erection and furnishing of the building for said school. [Chapters 47 and 61, Resolves of 1873.] Resolved, That there be allowed and paid out of the treasury the sum of seventy-five hundred dollars for the expenses of a state normal art-school, the same to be expended under the direction of the board of education. Resolved, That the sergeant-at-arms with the consent and approval of the commissioners on the state house be authorized to assign the rooms on the third floor of the house number thirty-three Pemberton Square, to the board of education for the use of the State Normal Art-School. In accordance with the foregoing Resolves, normal schools were established as follows : The first at Lexington, which was opened July, 1839 ; trans- ferred to West Newton, September, 1844 ; and to Framingham in 1853. It receives as pupils only females. CHAP. 42.] LAWS RELATING TO PUBLIC SCHOOLS. 69 The second was opened at Barre, September, 1839 ; was suspended in 1841 ; and recommenced at Westfield, September, 1844, and receives both sexes. The third was opened at Bridgewater, September, 1840, and admits pupils of both sexes. The fourth was established at Salem, and opened September, 1854, and is for females only. The school at Worcester was opened September, 1874. It admits pupils of both sexes. The Normal Art-School was opened October, 1873. Course of Study in the Normal Schools. The design of the Normal Schools is strictly professional ; that is, to prepare, in the best possible manner, the pupils for the work of organizing, governing and instructing the public schools of the Commonwealth. To this end there must be the most thorough knowledge : first, of the branches of learning required to be taught in the schools ; and, second, of the best methods of teaching those branches. Course of Study. The time of the course extends through a period of two years ; and is divided into terms of twenty weeks each, with daily ses- sions of not less than five hours, five days each week. Branches of Study to be Pursued. First Term. 1. Arithmetic, oral and written, begun. 2. Geometry begun. 3. Chemistry. 5. Grammar and Analysis of the English language. Second Term. 1. Arithmetic completed; Algebra begun. 2. Geometry completed ; Geography and History begun. 3. Physiology and Hygiene. 4. Grammar and Analysis completed. 5. Lessons once or twice a week in Botany and Zoology. Third Term. 1. Algebra completed; Book-keeping. 2. Geography and History completed. 3. Natural Philosophy. 4. Rhetoric and English Literature. 5. Lessons once or twice a week in Mineralogy and Geology. Fourth. Term. 1. Astronomy. 2. Mental and Moral Science, including the principles and art of Reasoning. 3. Theory and Art of Teaching, including : (a) Principles and Methods of 10 70 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 42. Instruction ; (b) School Organization and Government ; ( c) School Laws of Massachusetts. 4. The Civil Polity of Massa- chusetts and the United States. In connection with the foregoing, constant and careful atten- tion to be given throughout the course to drawing and delinea- tions on the blackboard ; music ; spelling, with derivations and definitions ; reading, including analysis of sounds and vocal gymnastics ; and writing. The Latin and French languages may be pursued as optional studies, but not to the neglect of the English course. General exercises in composition, gymnastics, object lessons, etc., to be conducted in such manner and at such times as the principals shall deem best. Lectures on the different branches pursued, and on related topics, to be given by gentlemen from abroad, as the Board or the Visitors shall direct, and also by the teachers and more advanced scholars. The order of the studies in the course may be varied in special cases, with the approval of the Visitors. Advanced Course. A supplemental course of study, occupying two years, is provided for the graduates of the regular course who desire to prepare themselves for the higher departments of teaching, which includes the Latin, French and German languages, the higher mathematics, and the other branches required to be taught in the high schools of the State. Pupils who, on entering the school, have in view the completion of this higher course, may take a part of its studies in connection with a part of the branches in the regular course, and in this way, at the end of four years, be prepared to graduate from both courses simultaneously. For terms of admission to the Normal Art-School, and the course of study for the first and second years, see the reports of the Visitors of the school, printed in the thirty-seventh and thirty- eighth annual reports of the Board of Education. DEAF-MUTES. The first steps taken by Massachusetts for the education of her deaf-mute children, were as follows : CHAP. 42.] LAWS RELATING TO PUBLIC SCHOOLS. 71 [Chap. 24, Resolves of 1817.] Resolved, That the selectmen and assessors of towns and plantations ascertain the number of deaf and dumb persons in their respective towns and plantations, and report the same to the secretary of this Commonwealth, specifying their age, sex and " situation, and that of their near relations, in point of property." The secretary to send a copy of this resolve to each town, and to print the same in all newspapers in which the laws are printed, six weeks successively, prior to the first Wednesday of the next session of the general court. [Chap. 103, Resolves of 1818.] Resolved, That Hon. John Phillips, President of the Senate ; Hon. Timothy Bigelow, Speaker, and Hon. Richard Sullivan, be a com- mittee, in the recess of the legislature, to consider the situation and circumstances of the deaf and dumb ; to extend their inquiries so far as is practicable, as to the views of the neighboring states, in relation to this subject; to see what aid this Commonwealth can, in their opinion, consistently bestow in promoting an institute for improving the condition of these persons, and the most eligible means of carrying the same into effect ; to report at the first session of the next general court. [Chap. 44, Resolves of 1819.] Resolved, That his excellency the governor be authorized to give sixty days' notice, by publishing in such newspapers as he ma} T think proper, that, upon the application of the parent or guardian of any deaf and dumb person belonging to this Commonwealth, accompanied by a certificate from the selectmen of the town where such parent or guardian resides, of the inability of such parent or guardian to defray the expense of board and instruction of such deaf and dumb persons at the asylum at Hartford, in the state of Connecticut ; then, that the said expense, or part thereof, shall be defrayed by this Commonwealth, in the manner hereinafter mentioned. By various Acts and Resolves, the policy thus initiated has been continued till the present time. On the incorporation of the Clarke Institution for Deaf-Mutes at Northampton, the following Act was passed : SECT. 1. The governor, with the approval of the board of educa- tion, is hereby authorized to send such deaf-mutes or Governor ma deaf children between five and ten years of age, as he f^^tio^o? may deem fit subjects for instruction at the expense of other schooun the Commonwealth, to the Clarke Institution for Deaf- fron^fivetaten Mutes at Northampton, or to such schools or classes as ise:, 311. now are or may hereafter be established for the education of deaf- mutes in this Commonwealth. 72 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 42. SECT. 2. The governor is hereby authorized to draw his warrant for Ma draw war- suc ^ sums as ma y be necessary to provide for the rant for in- instruction and support of the pupils named in the pre- struction and support. ceding section, not exceeding for each pupil, the amount which is now or may hereafter be paid by the Commonwealth, for the education and support of deaf-mutes at the American Asylum at Hartford. SECT. 3. The education of all deaf-mutes who are now receiving or Board of edu mav nerea ^ ter receive instruction at the expense of the cation ehaii Commonwealth, shall be subject to the direction and supervise in- J struction and supervision of the board of education ; and said board report annu- ally. shall set forth in their annual report the number of pupils so instructed, the cost of their instruction and support, the way in which the money appropriated by the Commonwealth has been expended, and such other information as said board may deem important to be laid before the legislature. Governor may SECT. 4. The governor is hereby authorized to extend term^pupSJ to ten vears > tne term f instruction now granted to deaf- to ten years. mutes educated at the expense of the Commonwealth. The governor, with the approval of the board of education, is 1869,333. hereby authorized to send such deaf-mutes or deaf ?enl e Il children as he may deem fit subjects for instruction at Hartford 1 " the expense of the Commonwealth, to the American 8BJS5H82: As J lum at Hartford, or to the Clarke Institution for parent? etc 88 Deaf-Mutes at Northampton [or any other school for prefer. deaf-mutes in this Commonwealth], as the parents or guardians may prefer. No beneficiary of this Commonwealth in any institution or school for the education of deaf-mutes, shall be with- 87i, 300. drawn therefrom, except with the consent of the proper authorities of such institution or school, or of the governor of this Commonwealth. Such duties with reference to institutions for the instruction of the deaf and dumb, and of the blind, as are now invested by institutions for law in the board of state charities, are hereby transferred e" to and vested in the board of education ; and such inst- blind, to report , . , . , , , . , to board of tutions, when aided b}' a grant of money from the state treasury, shall make report to the said last-named board instead of to the former, as prescribed by chapter two hundred and fortjM-hree of the acts of the year one thousand eight hundred and sixty-seven. CHAP. 42.] LAWS RELATING TO PUBLIC SCHOOLS. 73 WORCESTER COUNTY FREE INSTITUTE. [Chapters 57 and 72, Resolves 1869.] Resolved, That there be allowed and paid out of the treasury of the Commonwealth the sum of fifty thousand dollars to the Worcester County Free Institute of Industrial Science. And in consideration of this grant, said institute shall annually receive twenty pupils, and instruct them during the entire course free of tuition; such pupils to be selected by the board of education from the different counties in this Commonwealth, except that none shall be taken from Worcester County. Resolved, That the resolve in favor of the Worcester County Free Institute of Industrial Science, approved on the tenth day of May of the present year, shall not be construed to require said institution to retain and instruct, free of tuition, at any one time, more than twenty pupils to be selected by the board of education. PUBLIC LIBRARIES. [Gen. Stat., Chap. 33.] Town and City Libraries. SECT. 8. Each town and city may establish and maintain a public library therein, with or without branches, for the use of J Towns and cit- the inhabitants thereof, and provide suitable rooms ies ma y estal >- lish libraries. therefor, under such regulations for its government as 18 5i, sos, i. may from time to time be prescribed by the inhabitants of the town, or the city council. SECT. 9. Any town or city may appropriate money for suitable buildings or rooms, and for the foundation of such library a sum not exceeding one dollar for each of its ratable priate money ,-, . .v ! ji A. i i i and receive de- polls in the year next preceding that in which such vises, etc., for appropriation is made ; may also appropriate annually, for the maintenance and increase thereof, a sum not 8o9> 2o ' exceeding fifty cents for each of its ratable polls in the year next pre- ceding that in which such appropriation is made, and may receive, hold and manage, any devise, bequest or donation for the establishment, increase or maintenance of a public library within the same. Social Libraries. SECT. 10. Seven or more proprietors of a library may form them- selves into a corporation, under such corporate name as _ . Proprietors of they may adopt, for the purpose of preserving, enlarging library may be and using such library ; with the powers, privileges, du- JuT 1 " 1 ties and liabilities of corporations organized according to 3/6. ' 74 LAWS RELATING TO PUBLIC SCHOOLS. [CHAP. 42. the provisions of chapter sixty-eight, so far as the same may be appli- cable, and may hold real and personal estate to an amount not exceed- ing five thousand dollars in addition to the value of their books. SECT. 1 1 . Upon application of five or more of such proprietors, a jus- Warningmeet- ticc of tne P eace mav issue his warrant to one of them, officers,etc. f directing nim t( > ca U a meeting of the proprietors, at the R. s. 41, i, 2. ti me an( j place and for the purposes expressed in the warrant. The meeting shall be called by posting up the substance of the warrant in some public place in the town where the library is kept, seven days at least before the time of the meeting ; at which, if not less than seven of the proprietors meet, they may choose a president, a clerk who shall be sworn, a librarian, collector, treasurer and such other officers as they may deem necessary ; and may determine upon the mode of calling future meetings. SECT. 12. The treasurer shall give bond with sufficient sureties, to Treasurer to the satisfaction of the proprietors, for the faithful dis- give bond. . _ . . .. . . R. s. 41, 4. charge of his duties. SECT. 13. Such proprietors may, by assessments on the several Assessments shares, raise such money as they may judge necessary R. s. 41, 5. f or the purposes of preserving, enlarging and using the library. [Chap. 250, Acts of 1869.] SECT. 1. Moneys received by the treasurer of any county, under the provisions of chapter one hundred and thirty of the acts of the year eighteen hundred and sixtj^-seven, and not expended in the payment of damages done by dogs in accordance with the provisions of said act, shall be paid back to the treasurers of the several cities and towns of said count}', in the month of January of each year, in proportion to the amount paid by said city or town to said county treasurer ; and the moneys so refunded shall be expended for the support of public libra- ries or schools, in addition to the amount annually appropriated by said city or town for those purposes. In the county of Suffolk, moneys received by any treasurer of a city or town, under the provisions of said act, and not expended in accordance with the provisions of the same, shall be appropriated by the school committee of said city or town for the support of the public schools therein established. SECT. 2. The last clause of section twelve of chapter one hundred and thirt} r of the acts of the year eighteen hundred and sixty-seven, is hereby repealed. [Chap. 26, Acts of 1871.] SECT. 1. The city governments of the several cities and the select- men of the several towns in this Commonwealth, in which may now or hereafter be public libraries' owned and maintained by said cities and CHAP. 42.] LAWS RELATING TO PUBLIC SCHOOLS. 75 towns, are hereby authorized to place in the public libraries, for the use of the inhabitants, such books, reports and laws as have been or may be received from the Commonwealth. [Chap. 42, Acts of 1872.] SECT. 1. Whoever wilfully and maliciously or wantonly and with- out cause writes upon, injures, defaces, tears or destroys any book, plate, picture^ engraving or statue, belonging to any law, town, city or other public -library, shall be punished by a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the jail not exceeding six months for every such offence. SECT. 2. Chapter sixty-nine of the acts of the year one thousand eight hundred and sixty-seven is hereby repealed. [Chap. 306, Acts of 1873.] Any city or town may appropriate and pay such sum annually as it may see fit, toward defraying the expenses of maintaining any library within such city or town to which the inhabitants are allowed free access for the purpose of using the same on the premises. According to the returns of 1872, there were eighty-two free public libraries in eighty-two cities and towns, containing 564,- 479 volumes, with au addition in 1871 of 50,130 volumes, and delivering during the year 1,345,179 volumes. Of social libraries, there were, in 108 cities and towns, 213, containing 777,569 volumes. Total number of volumes in libraries returned, 1,342,048, exclusive of private and Sabbath School libraries. JOSEPH WHITE. INDEX ANCIENT LAWS: Page Colonial, 1642, ' 4 CONSTITUTION OF MASSACHUSETTS: provisions of, relating to schools, 5 decision of supreme court (sectarian schools Art. 18, Amendment), . 5 Abstract of school returns required 9, 12 Adult schools, any town may establish them, etc., 23 to be under the superintendence of school committee, .... 23 Agents of the board, may be appointed; their duties, 10, 13 Apparatus, books of reference, etc., authority to purchase, .... 28 Asylum for Deaf-mutes at Hartford, . 71, 72 Attendance of childrea. in the schools (see Children), Bible to be read daily in public schools, . 27 Board of Education, how constituted, 8 conservative and progressive, ......... 10 list of members, 11 term of office o.f members of, 8 vacancies in, how filled, 8 may take grants, etc., in trust, for educational purposes, .... 8 to pay over to State treasurer all money thus received, .... 8 duty and responsibility of State treasurer, " . 9 to prescribe form of school registers and blanks for returns, etc., . . 9, 10 to report annually to the legislature 9, 12 incidental expenses of, to be paid by the State, ...... 10 nfey appoint a secretary ; his duties, 9 may appoint agents ; their duties, 10, 13 assistant-librarian to be clerk of, 10 Books used in schools, not to be sectarian, 27 to be determined by committee, 27 changes in, how made, 27 if changes are made, to be supplied by the town, 28 to be supplied at cost, . 28 how authority to purchase to be exercised, 28 if not furnished by parents, to be supplied by the town, . . . . 28 expense of, so supplied, to be taxed to parents, 28 if parents unable to pay, tax to be remitted, ...... 28 duty of committee to furnish them, 28 furnished gratuitously by cities and towns and loaned to pupils, . . 28 Children to be sent to school, and penalty for neglect, 59 when such penalty not to be incurred, 59 duties of truant officers, etc., in relation to non-attendance of, . . . 59 78 . INDEX. Page Children, employment of, in manufacturing establishments, and regulations respecting them, 62 under 10 not to be employed, nor under 15, unless, etc. ; provisos, . . 62 under 15 not to work over 60 hours a week, 62 penalty for violating act, or consenting thereto, 63 corporations not liable, 64 State constable to enforce, and report to governor concerning, ... 63 by-laws respecting habitual truants, etc 63 truant officers, how appointed, powers, compensation, .... 63 minor convicted may be committed, 63 justices, etc., having jurisdiction, compensation, ..... 64 county commissioners, when to provide a place of confinement, . . 64 may be sent to Primary School at Monson, 64 may attend school in the place of their legal residence 59 when living remote from school, may attend in an adjoining town, etc., . 59 under guardianship, may attend where guardian resides, .... 60 may not attend whose parents or guardians reside in another State, . 61 may attend in other towns, with consent of committee, etc., . . .60, 62 not to be permitted to attend school until vaccinated, .... 60 not to be excluded on account of color, etc., 60 grounds of exclusion to be stated in writing, 60 if unlawfully excluded, how damages obtained, 60 plaintiff may examine school committee, 60 may be conveyed to and from school at expense of the town, ... 60 when habitually truant, towns, etc., may make by-laws concerning, etc., 63 may be committed to institutions, etc., 63 employed in manufacturing establishments, attendance by, ... 62 penalty when employed in violation of law, -etc., . . . . . 63 of drunken and vicious parents, provision for 64 when orphan and neglected, proceedings in relation to, . . . 64, 65 under 15 years of age not to be employed as acrobats, etc., . . . 66 Cities, provisions of chapter 38 to apply to, . . . . . . . . 31 Clarke Institution for Deaf-mutes, 71 Clergymen, duties of, to schools, 24 Clerk of school districts, to be chosen and sworn, and duties of, ... 43 to hold office till successor is chosen, 43 liable only for want of integrity, 43 Committees. (See School Committee and Prudential Committee.) Constitution of State, provisions of, for public schools (Chap. 5, secj. 2. Amendments, Art. 18) 5,23 Contiguous districts in adjoining towns, may unite, 46, 47 terms of union and separation of, 47, 48 meetings of, how called ; prudential committee of, how chosen, . . 48 raising money and assessment of taxes by, ...... 48 school committee of, 48 County Associations (see Teachers' Associations), 14 Deaf-mutes, education of, 70, 71 institutions for educating them and the blind, to report to Board of Education 72 Districts. (See School Districts.) Educational institutions, returns of, 56 Evening Schools may be kept, . 23 school committee to have superintendence, 23 Female assistant, when average number of pupils exceeds fifty, ... 23 INDEX. 79 Page Graduated tables, importance of, 12 High Schools to be kept in towns of 500 families, 21 branches to be taught in 21 must be kept for the benefit of the whole town, 21 to be kept not less than 36 weeks 'in each year 22 qualifications of teachers of, in towns of 4,000 inhabitants, ... 21 number of families to be ascertained by latest public census, ... 22 may be established by two adjacent towns having less than 500 families, 22 committees, location, and apportionment of expenses of, .... 22 duty of school committee in relation to, 22 admission to, how regulated, 69 Industrial Schools, 21 Industrial Science, Free Institute of, . 73 Libraries, Public, towns and cities may establish, 73 money may be appropriated and devises, etc., received by towns, etc., for, 73 appropriation of tax on dogs for, 74 authorized to take books, reports, etc., received from Commonwealth, . 75 penalty for injuring books, etc., in, 75 Social, proprietors of, may be a corporation, 73 may hold real and personal estate, 74 meetings of, and choice of officers, 74 treasurer of, to give bond, and assessments for, .... 74 number of books in, 1872 75 Manufacturing establishments, children of certain ages not to be employed in, unless, etc., 62 penalty for violation, etc., 63 duty of State constable concerning, . ' 63 Neglected children (see Children), 64 Normal Schools, establishment of, 66-69 course of study in, . 69, 70 Prudential committees, how to be chosen, 42 general duties of, 42 may contract with teachers when the town so determines, ... 42 may consist of three when authorized to contract with teachers, . . 42 if office of, vacant, how filled, 42 if not chosen, duties of, to be performed by school committee, . . 42 in union districts, how constituted, and powers and duties of, . . . 46, 47 in districts formed by contiguous districts in adjoining towns, how chosen, and powers and duties of, 47, 48 Registers (see School Registers), . 53 Report of Board of Education and its Secretary, required, . 9 number to be printed. (See Gen. Stat., chap. 4, sect. 4.) how received, delivered, etc., 66 preservation of, 56 Reports of School Committees. (See School Reports.) Returns. (See School Returns.) of educational institutions, etc., and Indian schools, . . , . 56, 57 Schools, Public, towns to maintain a sufficient number of, six months each year, 21 branches to be taught in, . , t t ; t t > 31 80 INDEX. Page Schools, Drawing classes in cities, 21 in which the higher branches are taught (see High Schools), . . . 21 Public, for persons over 12 years, and Evening Schools, .... 23 High, in adjacent towns (see High Schools), 22 when an average of fifty scholars in, a female assistant to be employed, 23 duty to, of instructors of colleges, ministers, etc., 23, 24 industrial, 23,24 provisions of State constitution relating to (see Constitution of Massa- chusetts, chap. 5, sect. 2. Amendments, Art. 18), .... 5 towns to raise money for, to be assessed, etc., like other town taxes, . 24 funds of corporations not affected by provisions for, . . 24 forfeiture by town for neglect to raise money for, or to choose school committee, 24 three-fourths of forfeiture to be appropriated for, 24 examinations of, and visits to, by committee, 26 Bible to be read in, daily, - .... 2J sectarian books to be excluded from, 27 provisions respecting, in towns, to apply to cities, unless, etc., . . .25, 29 wilful interruption or disturbance of, how punished (see Gen. Stat., chap. 165, sect. 23), 66 children not to be excluded from, on account of color, etc., ... 60 School Committee, when and how chosen, and term of office 24 women eligible to, 25 vacancies in, how filled, . 25 when the whole decline, how new committee elected, .... 25 term of service of member filling vacancy in, ..."... 25 term of office in cities, 25 to continue in office for certain purposes, after, etc., 25 how number of, increased and diminished, 26 to appoint a secretary and keep records, 26 to prescribe course of study, 27 duties and powers of, to contract with, examine, approve and dismiss teachers, visit and examine schools, require daily reading of the Bible, supply books, etc., -.26,27,54 duty of, when school is for the benefit of the whole town, ... 28 compensation of, ' 28 duty of, as to persons between 5 and 15 years, 54 to appoint superintendent of schools, etc., 29 not to receive compensation when superintendent is appointed, . . 29 to have charge of school-houses in towns not districted, and provide fuel, etc., 30 how constituted, and duties of, in High Schools established by adjacent towns, 22 to have superintendence, etc., of schools established for persons over 12 years of age, 23 forfeiture by the town for not choosing, 24 to perform duties of prudential committee in districts where none chosen, 42 may establish school and employ teacher in district which refuses or neglects to do so 42 may provide school-houses in districts neglecting to organize, etc., . . 46 powers and duties of, in union districts 22 to notify Secretary of Board of Education if blanks not received, . . 54 to make returns annually, 54 to cause school registers to be kept, 55 to return the manner of using the money received from the State, . . 55 to make detailed report, in print, annually, 55 INDEX. 81 Page School Committee, to transmit two copies to Secretary of Board of Education, 55 may be indemnified for expense in defending against libel, ... 58 authorized to charge expense of printing, etc., 58 to deposit a copy with town clerk 55 secretary of, to preserve one copy of report of board, etc., ... 56 chairman and secretary of, in certain cases, may sign certificate in the returns, 56 liable to forfeit compensation, if neglect to make returns, ... 56 to inquire into neglect of parents, etc., 59 to have charge of high schools, with powers, etc., of prudential com- mittees in districts, 22 to determine number and qualifications of scholars to be admitted to high schools, 59 to regulate attendance of scholars upon schools in, adjoining towns, . 59 not to allow children to attend school until vaccinated, .... 60 to appoint truant officers, and fix their compensation 63 of contiguous districts, when united in adjoining towns, how constituted (see Contiguous Districts), . . ' . . . . . . . 47, 48 School Districts, towns may be divided into, except, etc., ..... 40 limits of, not to be altered, so as to change taxation oftener than once in ten years, ' 41 to be corporations for certain purposes, 41 may be abolished by towns, etc . 41 towns to vote on abolition of, every third year, ...... 41 when abolished, not to be restored, 41 when abolished, corporate powers to continue for certain purposes, . 41 may choose prudential committee, if town so determine, .... 42 may fill vacancies in office of prudential committee, 42 if, neglect or refuse to establish schools, etc., 42 meetings in, how called and warned, 42, 43 to choose a clerk, 43 may raise money for school-houses, etc., 43 may fix site of school-houses, 43 school-houses for, may be provided by the town, 43 if, cannot determine the site, the selectmen shall do it, . . . . 44 penalty of, for not providing school-house, 44 taxes in, how and on whom, etc., to be assessed and collected, . . 44 non-residents in, where taxed, 44 property of manufacturing corporations in, where taxed 44 taxes in, to be assessed like town taxes, 45 money raised in, how to be applied, , . 45 refusing to raise money, the town may order it, and may empower the selectmen, etc., 45 neglecting to organize, school committee may provide school-houses, etc., 46 duties, compensation, etc., of assessors, etc., in matters relating to, . 45 act to abolish school district system, 49, 50 act to reestablish school districts, 51 opinions concerning abolition of, . 52 act to enable towns to abolish, 53 School Funds, how invested ; income only to be used 18 commissioners of, . . . . 18 income of, how distributed ; how apportioned, for schools, etc., . . 18, 19 when towns are not entitled to share the income of, 19 income of, how to be applied by towns, ....... 19 twenty-five per cent, of income of, may be used for purchase of books of reference, etc., 19 82 INDEX. Page School Funds, subject to order of school committee, and not to vote of th e town, 20 for teachers' institutes, 14 School Fund, Todd Normal, income of, how to be applied, .... 20 School-houses, in towns not districted, to be maintained "by towns, ... 29 penalty for refusing to maintain, 30 location of, to be determined by towns, 30 to be kept in good order by school committee, unless, etc., ... 30 land not exceeding eighty square rods may be taken for, etc., ... 30 in such case, proceedings, jury, damages, costs, etc., .... 30 land for, to revert to owner, etc., 31 use of, to be under charge of school committee in towns not districted, . 31 money may be raised for, .... 43 site of, how determined, 43, 44 penalty for not providing, 44 money raised for the building and repairing of, to be at the disposal of committee, etc., 45 may be provided by school committee, when districts neglect to organize, 46 taxes for, how assessed and collected, 44 School Registers, to be sent to town clerks by Secretary Board of Education, . 9, 10 to be delivered by town clerk to school committee, 54 to be kept in all the public schools, 55 to be returned by teachers to school committee, 56 if not properly kept, etc., teacher not entitled to payment, etc., . . 56 school committee have no right to waive keeping of, .... 56 School Reports, to be made annually, in detail, by school committees, . . 55 to be printed, size of, two copies transmitted, etc., 55 penalty for neglect by committee to prepare, print, etc., .... 55 duty of committees respecting, 55 if not received in time, secretary to notify of failure, .... 55 if informal or incorrect, to be returned, 55 penalt) 7 , when returned for correction, or not received, .... 55 School Returns, blank form of inquiries for, to be prescribed by the Board of Education, 9 blanks for, to be sent to town clerks, 10 if blanks not received, committees to notify 54 to embrace number of children between 5 and 15, etc., to be certified under oath by school committee, 54 form of certificate for, 54 to be transmitted to secretary of board, . 54 to specify manner of using money receive .rom State School Fund, . 55 if no$ transmitted in time, secretary to notify, etc., 55 if informal, etc., to be returned for correction, 55 when so returned, town to forfeit ten per cent., etc., 55 when not received before June, town to forfeit whole share, etc., . . 55 if mailed in season, town exempted from forfeiture, .... 55 how may be signed in certain cases 56 when not transmitted by neglect of committee, their compensation may be withheld, 56 Secretary of Board of Education, how appointed and duties of, ... 9 compensation of, 10 annual reports of, 12 Superintendent of Schools, appointment, duties, etc., of, 29 when appointed, committee to receive no pay, 29 compensation of, 29 school committee to determine salary of, 29 two or more towns may unite in choosing, 29 INDEX. 83 Page Taxes in school district, may be voted by district and certified to assessors, . 43 on personal estate and on all lands, if occupied by owner, in district where he lives, 44 on real estate of manufacturing corporations, in district where situated, 44 on land of non-residents, in districts where assessors determine, . . 44 on land of non-resident, in the same district, 44 how assessed, abatement, collection of, 45 Teachers, selection and qualifications of, 26 to receive and file a certificate ; when and how paid, .... 26 may be dismissed by school committee, etc., 26 Teachers' Associations, when entitled to receive money from the State, . . 14 money to be paid on certificate, etc., 14 not under control of board, 17 Teachers' Institutes, to be appointed on application of fifty teachers, . . 14 expenses of, how paid ; length of sessions of, etc., ..... 14 importance and history of, 14, 15 list of towns where held, . 16 duty of school committee concerning, 15 Todd Fund, amount of, etc., . . 19, 20 Truant Children, towns and cities may make regulations and by-laws, with penalties concerning, to be approved by superior court, ... 63 convicts, under such by-laws, may be fined or committed, etc., . . 63 may be sent to Primary School at Monson, 64 how discharged, 64 proceedings against, etc., 64, 65 Truant officers to be appointed, duties and compensation of, .... 63 Union Districts, may be formed by contiguous districts, 46, 47 how organized ; location of school-house of, 46 assessments in, how made ; committee of, how constituted ; powers and duties of, 47 schools to be maintained in districts composing, 47 separation of, 48 Wards, where may attend school, . ... 60 Warrant, sufiiciency of, 58 Worcester County, Free Institute of, act in favor of, 73 ru. U6563 UNIVERSITY OF CALIFORNIA LIBRARY