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 ^eiiT ^|ampshiie ^cha0l ||mxTt 
 
 OK]SrERA.L L^^V^S 
 
 AND AMENDMENTS THERETO. 
 
 CONCORD: 
 
 PUBLISHED BY J. B. SANBORISI. 
 
 18 8 1. 
 
 -^nA^^ 
 
I.IBRARY 
 
 OF THK 
 
 University of California. 
 
 %eceived (l/ot, • iSqL/^ 
 
 Accessions l^o.\5%*7^3' Class No, " ^ 
 
Digitized by the Internet Archive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/digestofnewhampsOOnewhrich 
 
DIGEST 
 
 OF 
 
 NEW HAMPSHIRE SCHOOL LAW, 
 
 ADAPTED TO THE 
 
 OEiN-ER^L LA.^V^8 
 
 AND AMENDMENTS THERETO. 
 
 mtiresiTTl 
 
 CONCORD: 
 
 PTTBLISHED BY J. B. SANBORN. 
 1881. 
 

 Entered according to a<ft or Congress, in the year 1881, 
 
 BY J. B. SANBORN, 
 
 In the office of the Librarian of Congress, Washington. 
 
 PBINTBD BY THB REPUBLICAN PRESS ASSOOIATIOK. 
 

 CONTENTS. 
 
 CHAPTER 
 
 I- 
 
 CHAPTER 
 
 n- 
 
 CHAPTER 
 
 III- 
 
 CHAPTER 
 
 IV- 
 
 CHAPTER 
 
 V- 
 
 CHAPTER 
 
 VI 
 
 CHAPTER 
 
 VII- 
 
 CHAPTER Vm- 
 
 CHAPTER 
 
 IX- 
 
 -Scliool-Monej. 
 
 -School-Districts. 
 
 -School-Meetings — District Officers. 
 
 -School-Houses. 
 
 -School-Committee — Teachers. 
 
 -High Schools. 
 
 -Scholars. 
 
 -Superintendent of Public Instruction. 
 
 -State Normal School. 
 
 CHAPTER I. 
 
 SCHOOL-MONEY. 
 
 1. Amount required by law — how, by 
 
 whom, and at what rate assessed. 
 
 2. Town may raise more : when vote con- 
 
 strued to be for more. 
 
 3. How appropriated. 
 
 4. May be used for conveyance of pupils 
 
 by town, or where town constitutes 
 one district — when, and to what ex- 
 tent. 
 6. Any school-district may use its money 
 for conveyance of pupils— when, and 
 to what extent. 
 
 6. Money may be appropriated for state 
 
 map for each school — how, and by 
 whom. 
 
 7. How assigned. Nature of the power. 
 
 Selectmen's interest ceases— when ; to 
 be paid over— when. 
 
 8. How, and what assigned, when district 
 
 is a part of two or more towns. 
 
 9. By whom collected, to whom, by whom, 
 
 and upon whose order, in writing, 
 paid. 
 
 10. To what district assigned, when guar- 
 dian and ward reside in the same towui 
 
 Remedy against selectmen if they neg- 
 lect to assess, assign, or cause to be 
 paid. Form of action — by whom, in 
 whose name, and for whose use, 
 brought. What constitutes such neg- 
 lect. 
 
 Money raised at special town-meeting 
 must be by ballot, and by one half of 
 voters in town, as shown by check- 
 list. 
 
 13. Remedy against prudential committee 
 
 for misappropriation. 
 
 14. District may raise, and for what pur- 
 
 11 
 
 12. 
 
 15. Literary fund from tax on capital stock 
 
 in banks— when paid, by whom kept 
 and accounted for. 
 
 16. From tax on non-resident s.avings bank 
 
 depositors, or those whose residence 
 is unknown. 
 
 17. When and how assigned and distrib- 
 
 uted. 
 
SCHOOL-MONEY. 
 
 18. Unincorporated places not to receive 
 
 till they choose agent or treasurer. 
 
 19. How applied— none to be paid to dis- 
 
 tricts destitute of school for the year. 
 
 20. Misapplication by town, agents, &c. 
 
 21. College grant fund— when, to whom 
 
 assigned and paid, and how appropri- 
 ated. 
 
 22. School-committee and selectmen au- 
 
 thorized to expend annually one 
 fifth part of literary fund for appara- 
 tus, &c. Unexpended balance to be 
 assigned on March first annually to 
 general school fund. 
 
 23. School fund from sale of state lands. 
 
 24. Income of — how and by whom applied. 
 
 25. Separate account of to be kept ;— how 
 
 disbursed. 
 
 26. Dog-tax must be assigned for schools 
 
 by vote of the town : selectmen can- 
 not do it. 
 
 27. Railroad money — how appropriated 
 
 and apportioned. Act how far un- 
 constitutional. 
 
 28. Penalties— when, for what, in whose 
 
 name, at whose expense, for whose 
 use recovered, and to what districts 
 assigned and paid. 
 
 1. The selectmen in each town shall assess annually^ upon 
 the polls and ratable estate taxable therein, a sum to be 
 computed at the rate of three hundred and fifty dollars for 
 every dollar of the public taxes apportioned to such town, 
 and so for a greater or less sum. — G. L., c. 85, s. 1, p. 205. 
 
 2. The town, at any legal meeting for the purpose, may 
 raise a sum exceeding the amount aforesaid, which shall be 
 assessed in the same manner. — G. L., c. 85, s. 2, p. 205. 
 
 Where " the vote not having in terms appropriated any particular sum for schools, 
 any portion of it intended for that purpose must be taken to be in addition to the sum 
 the selectmen were required to assess."— Tucker v. Aikeoi 7 N. H. 129. 
 
 3. Such sum, when collected^ shall be appropriated to the 
 sole purpose of keeping an English school or schools within 
 such town, for teaching reading, writing, English grammar, 
 arithmetic, geography, together with such other branches of 
 English education as are adapted to the advancement of the 
 school, including the purchase of necessary fuel for the 
 school, and occasional repairs, as specified in this title. — 
 G. L., c. 85, s. 3, p. 205. 
 
 4. Any town not divided into school-districts, and any 
 town in which all the school-districts are or shall be united, 
 may take and use part of the school-money, not exceeding 
 ten per cent., for the conveyance to and from school of pu- 
 pils residing not less than one mile and a half from the 
 school.— G. L., c. 86, s. 24, p. 208. 
 
 5. Any school-district, by a major vote at any legal school- 
 meeting in the district, may authorize the prudential com- 
 mittee of said district to use a part of the school-money 
 appropriated to the district for school purposes, not exceed- 
 ing ten per cent., for the conveyance to and from the school 
 
SCHOOL-MONEY. 6 
 
 of pupils living more than one mile and a half from school. 
 — G. L., c. 86, s. 25, p. 208. 
 
 School-districts having less than twelve scholars to attend 
 any term of school, may, by vote, at their annual or other 
 legal meeting called for that purpose, authorize the pruden- 
 tial committee to provide for the attendance of pupils at the' 
 schools of adjoining districts, the selection of such schools 
 to be approved by the school-committee of the town. And in 
 such cases the prudential committee is authorized to appro- 
 priate an amount not exceeding ten per cent., as in section 
 twenty-four provided, and to divide the remainder of the 
 money appropriated for the term in the district among the 
 adjoining districts in proportion to the pupils by them re- 
 ceived.— G. L.,c. 86, s. 26, pp. 208 and 209. 
 
 All money appropriated under the provisions of sections 
 twenty-four and twenty-five of this chapter [sees. 4 and 5, 
 ch. 1, Digest] shall be expended under the order and at the 
 discretion of the officers charged with the prudential affairs 
 of the district.— G. L., c. 86, s. 27, p. 209. 
 
 6. The superintending school-committee and selectmen in 
 the several towns in the state are hereby authorized and em- 
 powered to purchase for the use of their common-schools so 
 many copies of the map of New Hampshire as they may 
 deem best, not exceeding one copy for each school ; and the 
 maps so purchased shall be paid for out of any money appro- 
 priated for school purposes. — G. L., c. 89, s. 13, p. 217 ; 
 see 22 post. 
 
 7. Tiie selectmen shall assign to each district a proportion 
 of the money thus assessed, according to the valuation of the 
 district for the year, or in such other manner as the town, at 
 the annual meeting-, shall direct, and shall pay over the same 
 to the prudential committee of the district, — G. L., c. 85, s. 
 4, pp. 205 and 206. 
 
 The power of selectmen to apportion school-money among the several school-districts 
 in a town is a continuing power, to be exercised from time to time whenever it may be 
 necessary from changes made in the district, in order to give to each district the benefit 
 qf the tax paid by its mew&ers.— School-District v. Sanborn, 25 N. H. 84. 
 
 If the assignment is to be made between two districts, newly constituted out of one 
 old district, before any part of it has been expended for the common benefit upon the 
 schools, the whole money is to be divided. If a part of the monev which belongs to 
 the old district has been expended, or, which is the same thing, has been applied to the 
 common benefit of the entire district in supporting the schools, then only the residue of 
 the money is to be divided.— Same case, p. 39l 
 
 The selectmen, after the money has been paid to the prudential committee, have no 
 
6 SCHOOL-MONEY. 
 
 legal interest, and can maintain no action for it or in reference to it.— School-District 
 V. Sherburne, 48 N. H. 56. 
 
 8. Every district situate in two or more towns shall be 
 entitled to its just proportion of school taxes, income of 
 school funds, and literary fund in each town, according to 
 the valuation of persons and property taxable therein.— G. 
 L., c. 86, s. 13, p. 207. 
 
 Whether this includes the dog and railroad tax, has never been determined. 
 
 9. Every collector of taxes shall, on t\\Q first Saturday of 
 every month, pay into the town treasury all moneys by him 
 collected up to that time, and shall submit his tax-book and 
 list to the treasurer of said town for liis inspection and com- 
 putation. The treasurer sliall give a receipt to the collector 
 for all money paid l)y him to the treasurer, who shall make 
 all the disbursements thereof under the written authority of 
 a majority of the selectmen^ and all money received by the 
 selectmen shall be paid by them immediately to the treasu- 
 rer, who shall give them a receipt therefor, and his official 
 bond shall be holden for the safe-kee[)ing and disbursement 
 of the same, as in this section provided for the disbursement 
 of money received from the collector of taxes, and the se- 
 lectmen and town treasurer shall in all cases keep separate 
 accounts of all money received and paid by them, and all 
 money hired for the use of any town, or received from any 
 source, except that collected by the collector of taxes, shall 
 be received by the selectmen, and be paid by them immedi- 
 ately to the treasurer. — G. L., c. 40, s. 9, pp. 117 and 118. 
 
 Under this provision, all disbursements must be made by the treasurer himself, under 
 the written order of two or more of the selectmen.— School-District v. Morrill, March 
 T., 1880. 
 
 10. When the guardian and ward reside in the same town, 
 the selectmen shall assign the tax assessed upon the ward's 
 personal property to the school-district in which the ward 
 lives and has his home. — G. L., c. 85, s. 5, p. 206. 
 
 11. If the selectmen of any town neglect to assess, assign, 
 or pay over the school-money as aforesaid, they shall pay for 
 each neglect a sum equal to that so neglected to be assessed, 
 assigned, or paid over, to be recovered by action of debt, in 
 the name and for the use of the district, by the prudential 
 committee. — G. L., c. 85, s. 6, p. 206. 
 
 This provision applies to school-money raised by taxation. The selectmen are bound 
 to assess the amount required by law, whether the town votes to raise it or not. 
 
SCHOOL-MONEY* 7 
 
 They are bound to assign it according to the valuation of the district for the year, un- 
 less the town lawfully directs it to be assigned in some other way. 
 
 Wherever the town directs an assignment, it should be done each year at the annual 
 meeting. 
 
 Every board of selectmen that neglects to assess, assign, and pa?/ over is liable, under 
 this provision ; but the supreme court have recently decided that the phrase " pay 
 over, in connection with the provisions of sec. 9 ante, means " draw an order in writ- 
 ing on the treasurer. "—School-District v. Morrill, March T., 1880. 
 
 This does not apply to tlie literary fund, railroad money, and dog tax, till they 
 have been duly appropriated for school purposes by vote of the town. — School-Dis- 
 trict V. Morrill, March T., 1880. 
 
 12. No money can be raised or appropriated at any spe- 
 cial town-meeting except by ballot, nor unless the entire 
 vote is equal to one half the voters of the town as shown 
 by the check-list. — G. L., c. 37, s. 4, p. 112. 
 
 When the town fails to act, the selectmen are bound to make their assessment, and 
 commit the same to the collector seasonably. They should also require him to collect 
 and pay over the money within a reasonable time. Having done this in good faith, it has 
 never b^en the understanding of the legal profession in this state, that it was tlieir 
 duty to borrow money on the credit of the town to divide among the school-districts 
 for school purposes, or to pervert trust funds to such use, or to so appropriate the funds 
 of tlie town raised or collected for other, or even for general, purposes. 
 
 Nor has it ever been decided, that when the selectmen properly assessed and assigned 
 say two thousand dollars to the twenty school-districts in town, in their due propor- 
 tions of from twenty-live to five hundred dollars, and but twenty dollars had been •' col- 
 lected," that the selectmen were liable as for " neglect' for not paying the infinitesimal 
 proportion thereof to each district upon demand; nor that the first district making de- 
 mand under such circumstances was entitled to the whole sum so '* collected ;" nor that 
 the remaining districts could recover for non-payment to them ; nor that districts that 
 had neglected or refused to pay their taxes could force the selectmen to pay them the 
 money which had been " collected " of other districts. 
 
 13. If the money so assigned and paid over to the pruden- 
 tial committee of any district is not expended by him accord- 
 ing to law, he sliall be fined a sum not exceeding twice the 
 sum so unexpended, or not legally expended, for the use of 
 the district.— G. L., c. 85, s. 7, p. 206. 
 
 These provisions of the statute clearly recognize the mon^, in the hands of the com- 
 mittee as his, in law, and not the money of the district. It is his only in a qualified 
 sense as the money of an estate in tlie hands of an administrator is his. — Barrett r. 
 School-District, 37 N. H. 448. 
 
 The criminal prosecution is not intended as a remedy for the district to enforce their 
 rights. The law does not leave it to the option of the school-district whether the mon- 
 ey assigned to them shall be applied to the support of schools. It is a matter of general 
 public concern ; and the design of the criminal prosecution is, not to take from school- 
 districts the right to recover their money from the delinquent committee by the ordi- 
 nary legal remedy, but to compel school-districts and school-committees to appropriate 
 the money raised for that purpose to the support of schools, in accordance with the 
 policy of the law which imposes the duty of providing instruction in the public schools, 
 whether the districts desire it or not.— School-District v. Sherburne, 48 N. H. 57. 
 
 No court has yet held that this money can be used to pay counsel fees in the suits 
 brought to recover, or in the prosecution of criminal proceedings, or to pay other debts 
 of the district. 
 
 14. Any district may raise money for the support of 
 schools, in addition to the tax required by law, and to pay 
 debts of the district, which, on certificate by the clerk, shall 
 be assessed and collected as other school taxes. — G. L., c. 
 
 86, s. 18, p. 208. 
 
 But such certificate dees not protect the selectmen.— Rogers i?i,Bp^en, 42 Ni H. 102. 
 
 fuiriVBRSITT} 
 
8 SCHOOL-MONEY. 
 
 15. Every banking corporation shall pay to the treasurer, 
 on or before the second Wednesday of June annually^ one 
 half of one per cent, on the amount of the actual capital stock 
 of the bank at that time. The sums so paid shall constitute 
 a fund to be called the literary fund, and shall be kept and 
 accounted for by the treasurer.— G. L., c. 94, s. 1, p. 226. 
 
 16. All sums of money hereafter received from the tax on 
 deposits in savings banks by non-resident depositors, or de- 
 positors whose residence is unknown, shall be added to and 
 constitute a part of the literary fund, and shall be kept, ac- 
 counted for, managed, assigned, and distributed according 
 to the provisions of law applicable to the literary fund. — G. 
 L., c. 94, s. 4, p. 226. 
 
 17. The treasurer shall assign and distribute, in June an- 
 nually, the literary fund among the several towns and places, 
 according to the number of scholars of such towns and 
 places, not less ihOiW five years of age, who shall, by the last 
 report of the school-committee of the several towns and 
 places returned to the superintendent of public instruction, 
 appear to have attended the district common-schools in such 
 towns and places for a time not less than two weeks within 
 that year.—G. L., c. 94, s. 5, p. 226. 
 
 18. ISTo unincorporated place shall receive such portion 
 until a treasurer or school-agent shall have been chosen to 
 receive and appropriate the same in the manner hereinafter 
 directed.— G. L., c. 94, s. 6, p. 226. 
 
 19. The money received by any town or place shall be ap- 
 plied to the maintenance of common-schools, or to other 
 purposes of education, in addition to the sums required to be 
 raised by law, and in such manner as the town shall direct; 
 but no district in which no school shall be kept at any time 
 during- the year shall receive any part of said money. — G. 
 L., c. 94, s. 7, p. 227. 
 
 School-District v. Morrill, March T., 1880. 
 
 20. If any town or incorporated place, or the agent of any 
 unincorporated place, shall apply any sum of money so re- 
 ceived to any other purpose tlian as aforesaid, the town, 
 place, or agent so offending shall refund double the sum so 
 misapplied. — G. L., c. 94, s. 8, p. 227. 
 
SCHOOL-MONEY. 9 
 
 21. The treasurer, in the month of June annuallp , shsill 
 pay the literary fund assigned to the Second College Grant 
 and Wentworth's Location to the prudential committee or 
 agent of said grant and location, when duly authorized by 
 the inhabitants therein, which shall be applied to the main- 
 tenance of common-schools. — G. L., c. 94, s. 9, p. 227. 
 
 22. The superintending school-committee and selectmen 
 are empowered to expend, at their discretion, for the use of 
 the schools, one fifth part of the literary fund, which may 
 annually h^ assigned any city or town, in the purchase or re- 
 pair of blackboards, maps, charts, globes, dictionaries, or any 
 other apparatus which, in their judgment, will advance the 
 educational interests of said schools ; and that any unexpend- 
 ed portion of such fifth part, on hand the first day of March 
 annually, shall then be passed to the credit of the general 
 school fund of such city or town for the support of schools 
 in same during current year. — Laws of 1879, c. 53, s. 1, p. 
 365. 
 
 23. The proceeds of the sale of the state lands, effected 
 under the authority of a joint resolution approved June 
 twenty-eighth, eighteen hundred and sixty-seven, shall be, 
 and the same hereby are, set apart as a school fund. — G. L.> 
 c. 94, s. 10, p. 227, 
 
 24. The annual income of the said fund shall be applied 
 to the purposes of common-school education, in such way 
 and manner as the legislature may from time to time deter- 
 mine. — G. L., c. 94, s. 11, p. 227. 
 
 25. The state treasurer shall keep a separate account with 
 said fund, and shall disburse the income thereof upon war- 
 rants drawn upon him by the governor. — G. L., c 94, s. 12, 
 
 p. 227, 
 
 26. All money arising from the taxation of dogs, remain- 
 ing in the treasury of any town or city on the first day of 
 April annually^ which has not been ordered to be paid for 
 damages to domestic animals, agreeably to the provisions of 
 this chapter, may be applied to the support of schools, or 
 retained in the treasury of the town or city for the purpose 
 of paying damages done to domestic animals, according to 
 
10 SCHOOL-MONEY. 
 
 said statute, as the town (or city council) shall by vote de- 
 termine.—G. L,, c. 115, s. 18, p. 282. 
 
 The town and not the selectmen must determine whether the money shall be applied 
 to the support of schools or not.— School-District v. Morrill, March T., 1880. 
 
 27. Every railroad corporation in this state, not exempted 
 from taxation, shall pay to the state an annual tax upon the 
 actual value of the road, rolling stock, and equipments on 
 the first day of April of each year (as near as may be in pro- 
 portion to the taxation of other property in April of each 
 year, in the several towns and cities in which such railroad 
 is located, to be distributed according to existing laws). But 
 the capital ()f every railroad, the construction of which was 
 commenced since the fifteenth day of September, eighteen 
 hundred and sixty-eight, or hereafter constructed in this 
 state, shall be, and the same is hereby, exempted from tax- 
 ation for tlie term of ten years from the time of the com- 
 mencement of the construction of such railroad. — 6. L., c. 
 62, s. 1, pp. 159 and 160. 
 
 Every railroad corporation shall pay to tlie state treasurer, 
 in the month of September annually, the tax so assessed, 
 and, upon their neglect, the state treasurer shall add thereto 
 interest after such default at the rate of ten per cent, per 
 annum, and shall issue his extent for the sum unpaid, and 
 for interest as aforesaid until payment is made ; and all 
 property of the corporation on the first day of April pre- 
 ceding shall be liable for its payment. 
 
 The state treasurer shall seasonably apportion all taxes so 
 received by him in each year in the following manner : 
 
 I. To the towns in which any railroad is located, one 
 fourth of the tax paid by tlie railroad corporation, of which 
 each town shall receive its proportion according to the share 
 of the capital of the corporation expended therein for its 
 buildings and right of way. 
 
 II. To each town in the state in which any stock in the 
 i*oad was owned on the first day of April preceding, such 
 proportion of the residue of said tax as the number of shares 
 owned in said town bears to the whole number of shares in 
 the corporation. 
 
 III. The remainder for the use of the state. 
 
 The state treasurer shall pay to each town its proportion 
 of each railroad tax, whenever the same shall have been 
 
SCHOOL-DISTRICTS. 
 
 ml 
 
 11 
 
 Eaid to him, to be appropriated as other town money. — G. 
 .., c. 62, ss. 6, 7, and 8, p. 160. 
 
 In the B., C. & M. Railroad v. State, September T., 1880, this law, so far as it pro» 
 Vided for a municipal taX) was held unconstitutional; and the reasoning of the court 
 tended strongly to support the conclusion that it was wholly void. 
 
 28. The selectmen must pay the penalties recovered by 
 them, in the name of and at the expense of the town, under 
 G. L., c. 91, s. 18, p. 228^ post^to the school-district in which 
 the penalties were incurred, and the same must be added to 
 the school-money thereof. — See c. 7, s. 24, post. 
 
 CHAPTER II. 
 
 SCHOOL-DISTRICTS. 
 
 1. Towns may be divided Into school dis- 
 
 tricts by vote of town— how ; division 
 must be duly recorded. 
 
 2. Provision applies to but few towns. 
 
 8. Division must be territorial, or by metes 
 
 and bounds, or what is equivalent 
 thereto. 
 
 4. Vote dividing may refer to boundaries 
 of former division properly recorded, 
 but which was invalid for other rea- 
 sons. 
 
 6. Power to divide cannot be delegated to 
 selectmen as such, but town may make 
 them or others a committee for that 
 purpose. 
 
 6. The report of such committee is inval- 
 
 id, unless adopted by town at meeting 
 legally held for that purpose. 
 
 7. Legislature may change boundaries of 
 
 or constitute new districts at pleasure. 
 «. Form of article to divide town into 
 school-districts by vote. 
 
 9. Form of vote, 
 to. Directions. 
 
 11. l^orm of article where the division is 
 
 by committee. 
 
 12. Form of vote. 
 
 13. Form of report of committee on divi- 
 
 sion. 
 
 14. Report may be adopted at same or ad- 
 
 journed meeting. 
 
 15. Form of article when report is made to 
 
 any other meeting. 
 
 16. Form of vote. 
 
 17. Report— when and how amended. 
 
 18. Town may abolish school-districts — 
 
 when and how ; must appraise prop- 
 erty of the distri<its ; may levy tax on 
 whole town— when and how ; shall re- 
 mit to tax-payeJC-s of such districts — 
 what. 
 
 19. Form of article to abolish districts and 
 
 ^praise property. 
 
 20. Form of vote to abolish. 
 
 21. Form of article to raise money to pay 
 
 for school-district property taken and 
 appraised. 
 
 22. Form of vote. 
 
 23. Money— how raised at special meeting. 
 
 24. School-committee and selectmen may 
 
 base action on vote of town— when. 
 
 25. Form of article for changing lines. 
 
 26. Form of vote. 
 
 27. Form of article for uniting two dis- 
 
 tricts. 
 
 28. Form of vote. 
 
 29. Board must hear evidence as in other,. 
 
 cases. 
 
 30. When selectmen are bound to call 
 
 meeting or insert articles in warrant. 
 
 31. Districts may be united and lines may 
 
 be changed— when "and how. 
 
 32. Form of article for uniting districts. 
 
 33. Form of vote for union and choosing 
 
 committee. 
 
 34. Form of vote adjourning meeting. 
 
 35. Form of report of committee. 
 
 36. Form of vote at same or adjourned 
 
 meeting adopting report. 
 
 37. Form of articles for change of lines. 
 
 38. Form of vote choosing committee. 
 
 39. Directions as to vote for adjournment. 
 
 40. Form of report of committee. 
 
 41. Form of vote adopting report. 
 
 42. Directions when districts are in diJBfer- 
 
 ent towns. 
 
 43. Restoration of districts. 
 
 44. Contiguous districts may unite In sup- 
 
 port of schools— when and how; 
 school-money — when and for what 
 expended. 
 
 45. Form of article for such union. 
 
 46. Form of vtote. 
 
 47. Directions as to report of joint commit- 
 
 tee. 
 
 48. Union perfected— when. 
 
12 
 
 SCHOOL-DISTRICTS. 
 
 49. Directions when districts are in differ- 
 
 ent towns. 
 
 50. Districts may build, repair, and remove 
 
 school-houses, &c , in either district 
 — when, 
 
 51. School-committee and selectmen of 
 
 town may change the lines of adjoin- 
 ing districts, constitute iiew districts, 
 or unite the whole or parts of any dis- 
 tiict to adjoining districts— when and 
 how. Majority of each board must 
 concur. Division must be in writing, 
 and recorded in the town records. 
 
 I*urpo:*e and effect of the words " or by 
 vote of the town." 
 
 Lines of adjoining districts in adjoin- 
 ing towns— wlien, how, and by whom 
 changed and restored. 
 
 Majority of each board of each town 
 must concur. Proceedings invalid 
 unless recorded in the books of each 
 town. 
 
 Board must make an equitable appor- 
 tionment of property and debts of 
 districts, and order payment for bal- 
 ance — when and how. 
 66. Apportionment may be on original or 
 by an independent proceeding. 
 
 57. Usual course. 
 
 58. Selectmen may assess and collect tax 
 
 against delinquent district to pay bal- 
 ance, and cause the samti to be paid — 
 when, by whom, and to whom. 
 
 59. Delinquent districts not entitled to a 
 
 hearing 
 
 60. Application should set forth prior 
 
 proceedings distinctly. 
 
 61. Treasurer should pay over money only 
 
 upon written order of a majority of 
 the selectmen. 
 62,66. Rules to govern town hearings ap- 
 ply in what cases. 
 
 63. Notice of hearing — when and how 
 
 given. 
 
 64. Notice to all other pers .us interested— 
 
 when and where posted ; how served 
 on clerk of town or district. Personal 
 notice not re(iuired— when. 
 
 65. I'arties and witnesses to be examined 
 
 under oath. Who may administer 
 oath. Board may adjourn. Decisioii 
 invalid unless in writing and record- 
 ed at length upon town records; 
 what papers to be filed with town- 
 clerk. • 
 
 66. Fence - viewers, school - committees, 
 
 committees appointe<l by selectmen, 
 and all town officers governed by the 
 same rules— when. 
 
 67. Decision binding for five yean unless 
 
 an appeal is taken, 
 
 68. 69, 70, 71, 72. Selectmen and other 
 
 officers disqualified to sit — when. 
 
 73. Whether a member is disqualified or 
 
 not. must in the first instance be de- 
 termined by the qualified member or 
 members of the board. Decision 
 may in general be revised on certio- 
 rari, but not on a bill in equity. 
 
 74. Objection, if known, to party or coun- 
 
 sel waived unless taken at the earli- 
 est practicable opportunity at the 
 hearing. 
 
 75. Place of disqualified person— how 
 
 filled. New board — how and by 
 whom appointed. 
 
 76. Purpose of the clause authorizing the 
 
 appointment of a new board. 
 
 77. Form of appointment by qualified 
 
 member or members. Form of ju- 
 rat. 
 
 78. Directions as to record. 
 
 79. Form of certificate of selectmen to 
 
 judge when whole board is disqual' 
 
 80. Form of appointment by judge. Form 
 
 of jurat. 
 
 81. When two of board are disqualified, 
 
 au appointment by the three is inval- 
 id: appointment should be by the 
 qualified member. 
 
 82. Notice is valid when Issued by tbreei 
 
 when only one is disqualified. 
 
 83. Form of petition for changing lines, 
 
 &c., when districts are in the same 
 town. 
 
 84. Form where purpose is to unite tiro or 
 
 more districts. 
 
 85. Form when town has voted to make 
 
 the proposed change. 
 
 86. Form of order of notice. 
 
 87. Form of attestation— by whom served. 
 
 88. Form of return. 
 
 89. Directons as to form of return when 
 
 one school-district has no school* 
 house. 
 
 90. Form of final order when lines are 
 
 changed. 
 
 91. Form of final order when districts are 
 
 united 
 
 92. Directions as to record and certificate 
 
 of recording oflicer. 
 
 93. Form of record. 
 
 94 Form of certificate. 
 
 95. Form of petition to selectmen to as- 
 
 sess and collect tax of delinquent dis- 
 trict to pay balance found due upon 
 apportionment of debts and property. 
 
 96. Tax— upon whom assessed. 
 
 97 Form of petition for restoration of 
 districts. 
 
 98. Form of order. 
 
 99. Directions as to form of attestation, 
 
 return, and Jurat. 
 
 100. Directions as to form of final order. 
 
 101. Final order may set out former lines 
 
 of districts— when. 
 
 102. Form of petition when districts are in 
 
 different towns. 
 
 103. Form of order of notice. 
 
 104. Directions as to form of attestation, 
 
 return, jurat, and final order. 
 
 105. To what town district to be deemed 
 
 to iHjlong. 
 
 106. Powers of selectmen, school-commit- 
 
 tee, and collector of such town. 
 
 107. Town— when considered one district. 
 
 108. Districts to be continued as such— 
 
 when. 
 
 109. Corporate powers and liabilities of 
 
 school-districts continued — when 
 and for what purposes. 
 110 Districts— when presumed to be legally 
 organized; may Hue and be sued*, 
 powers of. 
 
SCHOOL-DISTRICTS. 
 
 18 
 
 120. Districts may raise money for support 
 
 of schools and to pay debts, includ- 
 ing fees of county commissioners — 
 when and how. 
 
 121. Tax will be invalid if vote is reconsid- 
 
 ered before assessment. 
 
 122. Duties of clerk when vote is reconsid- 
 
 ered or rescinded. 
 
 123. Clerk's certificate does not protect se- 
 
 lectmen nor justify their action: they 
 must judge of the legality of pro- 
 ceedings at their peril. 
 
 124. Districts may determine when schol- 
 
 ars may be admitted from other dis- 
 tricts or towns. If districts neglect 
 to act, the prudential committee may 
 determine. 
 
 125. Scholars may be divided for the pur- 
 
 pose of instruction by districts or by 
 a committee. 
 
 126. The school-committee may make such 
 
 division if the district refuses or 
 neglects to divide. 
 
 111. Effect of this provision. 
 
 112. Districts may appoint and instruct 
 
 agents, and at law may instruct them 
 to withdraw defences and confess 
 judgment . 
 
 113. Tax-payers not bound by collusive 
 
 judgment. 
 
 114. Equity will not interfere in certain 
 
 cases. 
 
 115. Districts may hire money to build 
 
 school-houses— when, how, and to 
 what extent. 
 
 116. Form of district's note. 
 
 117. When such note binds district : when 
 
 the committee personally. 
 
 118. Tax— when, how, and by whom assess- 
 
 ed on such note : to be paid to town 
 treasurer, and by him to the creditor 
 — when. 
 
 119. Districts may procure insurance 
 
 against fire, raise money, and give 
 premium note therefor, but shall use 
 no part of money required to be rais- 
 ed by law for that purpose. 
 
 1. Towns not divided into school-districts may be so di- 
 vided by vote of the town distinctly defining each district 
 by suitable boundaries duly recorded. — G. L., c. 86, s. 1, p. 
 206. 
 
 2. This provision applies to but few towns. 
 
 3. The division should be by metes and bounds, or their 
 equivalent. It must be a territorial division, and not one 
 merely by a designation of the inhabitants or householders. 
 —School-District v, Aldrich, 13 N. H. 144. 
 
 4. But if the whole town has once been divided into 
 school-districts, of which due record has been made, a sub- 
 sequent division, which refers to these recognized lines of 
 the district, is valid, although the first division might be 
 worthless for other reasons. — Wilson v, School-District, 32 
 N. H. 129. 
 
 5. The power to divide the town into school-districts can- 
 not be delegated to the selectmen as such ; but the town 
 may make them or others a committee to make the proper 
 division. 
 
 6. The action of such committee is invalid unless affirmed 
 at a town-meeting duly warned for that purpose. — School- 
 District V, Oilman, 3 N. H. 169. 
 
 7. The legislature may at any time or in any case resume 
 the power granted by sec. 1, to divide towns into school- 
 
14 SCHOOLrDISTRICTS. 
 
 districts, and may divide the same, change the boundaries 
 thereof, and modify them at pleasure. — School-District v. 
 Smart, 18 N. H. 273 ; Farnum's Petition, 51 N. H. 376. 
 
 8. The article in the warrant for town-meeting, to divide 
 the town into districts by vote, may be as follows : 
 
 To divide the town into school-districts, and define the 
 boundaries thereof. 
 
 9. The vote under the foregoing article may be as follows : 
 
 Voted, To divide the town into school-districts, 
 
 bounded as follows : 
 
 School-District No. 1. Beginning at the south-east cor- 
 ner of said town, thence running northerly on the town line 
 to a beech tree at the north-east corner of the homestead 
 farm of , thence westerly on the north- 
 erly line of said farm to the land of , 
 
 thence southerly on the westerly line of said 
 
 land and land of to a rock- 
 maple tree standing on the line of said town, thence easter- 
 ly on said line to the point begun at. 
 
 10. The metes and bounds of each district should be giv- 
 en in the same manner. 
 
 11. The form of the article, where the division is to be 
 made by a committee, may be, — 
 
 To choose a committee of three to divide the town into 
 school-districts and define the boundaries tliereof, and to 
 make due report thereof at the next annual [or biennial or 
 other] meeting of said town. 
 
 12. The vote under the foregoing article may be, — 
 
 Voted, That A, B, and C be a committee to divide the 
 town into school-districts, define the boundaries thereof, and 
 make due report thereof to this meeting, or any lawful ad- 
 journment thereof [or "at the next annual meeting," or ''at 
 the next biennial meeting," or "at the next special meeting 
 in which an article, shall be inserted in the warrant for that 
 purpose"]. 
 
SCHOOL-DISTRICTS. 15 
 
 13. The report of the committee may be, — 
 
 To the town of : 
 
 The undersigned, a committee duly chosen at the meeting 
 
 held on the day of [or " at the last annual 
 
 meeting," or " at the last biennial meeting," or "■ at a special 
 
 meeting therefor held on the day of "], 
 
 to divide the town into school-districts and define the bound- 
 aries thereof, have attended to the duties assigned them, 
 and herewith submit the following report : 
 
 We have divided said town into school-districts, 
 
 bounded and described as follows : 
 
 School-District No. 1. Beginning at the south-east cor- 
 ner of said town, thence running northerly on the town line 
 to a beech tree at the north-east corner of the homestead 
 farm of , thence westerly on the north- 
 erly line of said farm to the land of , 
 
 thence southerly on the westerly line of said 
 
 land and land of to a rock- 
 maple tree standing on the line of said town, thence east- 
 erly on said line to the point begun at. 
 
 [The boundaries and description of each district should 
 follow, giving particularly the metes and bounds.] 
 
 Dated at , N. H., ,188.. 
 
 Committee. 
 
 14. Where the committee is chosen under the article set 
 out in sec. 11, the report may be acted upon at the same 
 meeting or any adjournment thereof, if such be the vote. 
 
 15. When the report is made at any other meeting, the 
 article in the warrant may be, — 
 
 To hear the report of the committee chosen at the [here 
 state whether the meeting was the last annual, or biennial, 
 or, if special, when held] meeting to divide said town into 
 school-districts, define their boundaries, and make due report 
 thereof, and to take due action thereon. 
 
 16. The vote may be, — 
 
 Voted to adopt said report, and constitute said districts as 
 therein set forth. 
 
16 SCHOOL-DISTRICTS. 
 
 17. If the town amend the report, as they maj, before 
 adopting it, either in boundaries or otherwise, the vote and 
 record thereof should set forth distinctly the changes so 
 made. 
 
 18. Any town may at any time abolish the school-districts 
 therein, and shall thereupon forthwith take possession of all 
 the school-houses, land, apparatus, and other property owned 
 and used for school purposes, Avhich such districts might law- 
 fully sell or convey. The property so taken shall be apprais- 
 ed under 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 the whole 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. — G. L., c. 86, s. 2, p. 206. 
 
 19. The form of the article to abolish districts may be, — 
 
 To abolish the school-districts in said town, and make due 
 provision for taking possession of all the school-houses, land, 
 apparatus, and other property owned and used for school 
 purposes, which tlie school-districts might lawfully sell and 
 convey, and for the appraisal of the same. 
 
 20. The form of vote may be, — 
 
 Voted to abolish the school-districts in said town, and that 
 the selectmen [or A, B, and C] be a committee to appraise 
 all the school-houses, &c. [following the words of the article 
 and vote] . 
 
 21. The form of the article to raise money to pay the dis- 
 tricts the appraised value may be, — 
 
 To raise a sum equal to the whole amount of the whole 
 appraisal of all the school-houses, land, apparatus, and other 
 property owned and used for school purposes, which the 
 school-districts might lawfully sell and convey, made by the 
 selectmen [or by A, B, and C, a committee duly chosen for 
 that purpose,] under a vote of said town for that purpose, 
 passed at the last annual [biennial or special] meeting, and 
 to remit to the tax-payers in each district the said appraised 
 
SCHOOI/-DISTRICTS. 17 
 
 value of its property thus taken, and to provide for the ad- 
 justment of the same in such other manner as may be agreed 
 upon by the parties in interest. 
 
 22. The form of the vote may be, — 
 
 Voted to raise [here insert sum at which school-houses, 
 &c., were appraised, and the terms of the vote]. 
 
 23. No money shall be raised or appropriated at any spe- 
 cial town-meeting except by vote by ballot^ nor unless the 
 ballots cast at such meeting shall be equal in number to at 
 least one half of the number of the names of legal voters 
 borne on the check-list of said town, — G. L., c. 37, s. 4, p. 
 112. 
 
 24. When the lines of adjoining districts are to be changed, 
 new districts constituted, or the whole or a part of any dis- 
 trict united to an adjoining district, under G. L., c. 86, s. 9, 
 p. 207, by the school-committee and selectmen of any town 
 divided into districts, the board may primarily base their 
 action upon a vote of the town. 
 
 25. The article in the warrant for changing lines may be 
 as follows : 
 
 To see if the town will vote to change the lines of school- 
 districts Nos and , being adjoining dis- 
 tricts in said town, by disannexing the homestead farm of 
 
 A B, in said district No , therefrom, and annexing 
 
 the same to said district No 
 
 26. The form of the vote may be, — 
 
 Voted to change the lines, &c. [following the article and 
 vote] . 
 
 27. The form of the article, where two districts are to be 
 united, may be, — 
 
 To see if the town will vote to constitute a new school- 
 district by uniting districts Nos , and , and 
 
 , in said town. 
 
 28. The form of the vote may be, — 
 
 Voted to constitute a new district by uniting, &c. [follow 
 ingthe article and vote]. 
 2 
 
18 SCHOOL-DISTRICTS. 
 
 29. These votes of the town are practically of no effect 
 until affirmed, upon the proper proceedings, by the action 
 of the board. 
 
 30. The selectmen, upon the written application of ten or 
 more voters, or one sixth of the voters in town, shall insert 
 in their warrant, for the V)iennial, annual, or any other meet- 
 ing, any subject specified in such application, or shall w^arn 
 a meeting therefor, if requested in sucli application. — G. L., 
 c. 38, s. 3, p. 114. 
 
 The selectmen may warn a meeting and insert articles in the warrant, for any of the 
 purposes contemplated by the preceding sections, of their own motion. 
 
 31. The lines of districts may be changed, and adjoining 
 districts in the same or different towns may be united, by 
 concurrent vote of the districts interested, upon such terms 
 as they may agree ; and in like manner tlie original lines 
 and districts may be restored. — G. L., c. 86, «. 4, p. 207. 
 
 32. The article for uniting districts may be, — 
 
 To see if the district will vote to unite with school-dis- 
 trict No , in said town, to form one school-district, 
 
 and to fix the terms thereof, and to choose a committee for 
 that purpose. 
 
 83. The vote under the foregoing article may be, — 
 
 Voted, That [A, B, and C] be a committee to confer with 
 any committee that may be chosen by school-district No. 
 , in said town, in relation to a union of said dis- 
 tricts and fixing the terms thereof, and that they report to 
 this meeting at the time and place to which the same may 
 be adjourned. 
 
 34. Voted, That this meeting stand adjourned until the 
 
 day of at .... o'clock in the .... noon, 
 
 at the school-house in this district. 
 
 35. The form of the report for uniting districts may 
 be, — 
 
 To school-districts Nos and , in the 
 
 town of : 
 
 The undersigned, committees respectively of said school- 
 districts in said town of , have attended to the duty 
 
SCHOOL-DISTRICTS. 19 
 
 assigned them, and recommend that said districts be united 
 and form one school-district, upon tlie following terms of un- 
 ion : [Insert at length the terms of union, which should make 
 due provision in relation to the payment of debts, division 
 of property, &c.] 
 
 Witness our hands, this day of , 188. . 
 
 ) Committee of 
 
 > School-District 
 
 \ No. . . in . . . . 
 
 ! Committee of 
 School-District 
 No. . . in . . . . 
 
 36. The vote upon the foregoing report may be as fol- 
 lows : 
 
 Voted to adopt the report of , , , 
 
 and , , , committees respectively 
 
 of this school-district and school-district No , in 
 
 said town, and that said districts be hereby constituted one 
 school-district, upon the terms therein set forth. 
 
 37. The article for changing the lines of districts may 
 be, — 
 
 To see if the district will vote to change the lines between 
 
 said district and district No , in said town, and fix 
 
 the terms thereof, and to choose a committee for that pur- 
 pose. 
 
 38. The form of the vote may be, — 
 
 Voted^ That [A, B, and C] be a committee to confer with 
 any committee that may be chosen by school-district No. 
 . . . . .J. . ., in said town, upon the subject of changing the 
 lines of said districts and fixing the terms thereof, and that 
 they report to this meeting at the time and place to which 
 the same may be adjourned. 
 
 39. The form of vote for adjournment may be as in sec. 34. 
 
 40. The form of the report for changing district lines 
 may be as follows : 
 
20 SCHOOL-DISTRICTS. 
 
 To school-districts Nos and in the 
 
 town of : 
 
 The undersigned, committees respectively of said school- 
 districts, in said town of , liave attended to the duty 
 
 assigned them, and recommend that the lines of said dis- 
 tricts be changed by disannexing the homestead farm of A 
 
 B from said district No , and annexing the same to 
 
 said district No , upon the following terms : [Here 
 
 insert tlie terms, making due provision in relation to the 
 payment of debts, division of property, &c.] 
 
 Witness our hands, this day of , 
 
 188.. 
 
 } Committee of 
 School-District 
 No. . . in . . . . 
 
 i Committee of 
 School-District 
 No. . . in .... 
 
 41. The vote adopting the report may be, — 
 
 Voted to adopt the report of , , , 
 
 and , , , committees respectively 
 
 of this school-district and school-district No , in 
 
 said town, and that the lines of said school-districts be 
 changed as therein set forth. 
 
 42. When the districts are in different towns, the war- 
 rants, votes, and reports should be changed to correspond 
 with the facts. 
 
 43. The form for changing district lines may be used for 
 restoring them, if the districts still have a lawful existence ; 
 but when a union has once been effected, how two or more 
 deceased districts can of their own motion resurrect them- 
 selves, must be left for legislative or judicial wisdom to de- 
 itermine. 
 
 /The decision in Clark v. Nichols, 52 N. H. 298, does not seem to reach such a case. 
 
 44. Two or more contiguous districts in the same or dif- 
 ferent towns may, by concurring votes, unite in the support 
 of their schools ; and the school-money of such districts 
 
SCHOOL-DISTRICTS. 21 
 
 may be expended in the support of schools kept in either 
 district, agreeably to such votes. — G. L., c. 86, s. 22, p. 208. 
 
 45. The article for such purpose may be, — 
 
 To see if this district will unite with district No. . ., in 
 
 the town of , in the support of schools, and expend 
 
 the school-money of this district for that object, and appoint 
 a committee for such purpose. 
 
 46. Voted to unite with district No. . . , in the town of 
 
 , in the support of schools ; and that [A, B, and C] 
 
 be a committee to agree with any committee that may be 
 appointed by said district, upon a plan by which the school- 
 money of said districts shall be expended for that object, and 
 report to [this, adjourned, special, or annual] meeting. 
 
 47. The report of the joint committee should be substan- 
 tially the same as that for uniting districts, &c. Ante 35. 
 
 48. When the report has been adopted by all the districts 
 interested, and recorded, the union is perfected. 
 
 49. Where the districts are in different towns, tlie form of 
 the warrants, votes, and reports should be changed to corre- 
 spond with the facts. 
 
 50. While such schools are so united, either district may 
 raise money to build, repair, or remove school-houses and 
 their appurtenances in either district. — G. L., c. 86, s. 23, 
 p. 208. 
 
 51. The school-committee and selectmen of any town di- 
 vided into districts, upon petition of persons interested [or 
 by vote of the town] , after hearing- the parties, may change 
 the lines of adjoining districts, and may constitute new 
 districts, or unite the whole or part of any district to an ad- 
 joining district, a majority of each hoard concurring there- 
 in^ and their decision in ivriting being recorded on the town 
 records.— G. L., c. 86, s. 9, p. 207. 
 
 52. The manifest intention of the framer of this amend- 
 ment, — " or by vote of the town," — was to make the vote 
 supersede the formality of a petition, and be at least persua- 
 sive evidence before the school-committee and selectmen. 
 
 ^^J^ Of thb"^^^ 
 rTTVTTrB&SIwl 
 
22 SCHOOL-DISTRICTS. 
 
 Whether the board and the parties are bound of their own 
 motion to take notice of the vote in town-meeting, and how 
 the machinery is to be put in operation and the proceedings 
 conducted, are not so obvious. 
 
 53. The school-committees and selectmen of adjoining' 
 towns, upon petition of persons interested, after hearing the 
 parties, may unite the whole or parts of adjoining districts 
 in such towns into one district, and upon like proceedings 
 restore them to their former position. — G. L., c. 86, s. 5, p. 
 207. 
 
 54. In such cases a majority of the school-committee and 
 a majority of the selectmen of each town must concur, and 
 a record of the proceedings must be made in the books of 
 each town, or their action shall be without effect. — G. L., c. 
 
 86, s. 6, p. 207. 
 
 55. The school-committee or committees and selectmen, 
 by whom any district or districts in the same or in adjoining 
 towns are divided or united, or the limits thereof in any way 
 changed, shall make an equitable apportionment of the prop- 
 erty and debts of the districts affected by such change, and 
 find the balance, if any, equitably due from either of said 
 districts to any of said districts, and order the payment of 
 such balance within a time to be by them limited. — G. L., 
 c. 86, s. 11, p. 207. 
 
 56. The apportionment of the debts and property of the 
 districts, the whole or parts of which are united, may be 
 made at the same time, or it may be effected by an inde- 
 pendent proceeding. 
 
 57. In a petition for such union it is unnecessary to ask 
 for such an apportionment, because that may be done by a 
 subsequent proceeding. — School-District v, Carr, 55 N. H. 
 452. 
 
 The more usual course is to ask for the apportionment in the petition for the union. 
 
 58. If such balance shall not be paid within the time so 
 limited, the selectmen of the town in which the delinquent 
 district is situate^ or deemed to be situate^ shall, upon writ- 
 ten application of the prudential committee, or agent of 
 
SCHOOL-DISTRICTS. 23 
 
 the district entitled to the money, assess a tax for the amount 
 upon the polls and estate in the delinquent district, and 
 cause the same to be collected and paid to the district enti- 
 tled thereto.— G. L., c. 86, s. 12, p. 207. 
 
 59. Under this provision the delinquent district is not en- 
 titled to a hearing ; and the right of the complaining dis- 
 trict to an assessment is absolute if the prior proceedings in 
 relation to the apportionment are regular. 
 
 60. The application, in writing, should set forth the prior 
 proceedings distinctly. 
 
 61. Since the passage of the statutes construed in School- 
 District V. Morrill, cited ante^ the treasurer should only pay 
 over the money upon the written order of a majority of the 
 board of selectmen. 
 
 62. On petition to the selectmen for the laying out or alter- 
 ing of highways, for laying out school-house lots or other 
 lands for public use, and generally for the purpose of decid- 
 ing any question affecting the conflicting rights or claims 
 of different persons, their proceedings shall be governed by 
 the following rules :— G. L., c. 43, s. 1, p. 122. 
 
 63. They shall appoint a time and place of hearing, and 
 order notice of such petition and hearing to be given to all 
 persons whose property or rights may be directly affected by 
 such proceeding, by giving to them, or leaving at their 
 abode, an attested copy of such petition and order, fourteen 
 days before such hearing. If the owner is a person under 
 guardianship, notice shall be given in the same mg-nner to 
 his guardian. If such owner is a minor, or a person under 
 any legal disability, the judge of probate may appoint a 
 guardian for such person, to whom notice shall be given. — 
 G. L.,c. 43, s. 2, p. 122.' 
 
 64. Notice shall be given to all other persons interested 
 by posting a like copy, if it affect a town, at the usual place 
 of the town-meeting, or, if it affect a school-district, on the 
 door of the school-house t\\QVQ\\\^ifany; otherwise in one or 
 more public places in the district, and by leaving a like copy 
 at the abode of the clerk of the town or district respectively, 
 the like time before the hearing. The notice prescribed in 
 
24 SCHOOL-DISTRICTS. 
 
 this section shall be sufficient for all hearings before town 
 officers in relation to the division or union of school-dis- 
 tricts ; and in such cases further personal notice shall not 
 be required. — G. L., c. 43, s. 3, p. 122. 
 
 65. They shall hear all parties who desire to be heard, and 
 examine all parties and witnesses under oath^ which either 
 of such selectmen may administer, may adjourn when they 
 deem it necessary, and shall make their decision in writings 
 and cause the petition, order of notice, evidence of service, 
 and their decision in writing to he recorded at length upon 
 the town records^ and file the original papers there; and 
 their decisions shall be of no force or effect until the same 
 is done. — G. L., c. 43, s. 4, p. 122. 
 
 66. The same rules shall apply to and govern the proceed- 
 ings of fence-viewers, school-committees, committees appoint- 
 ed by the selectmen, and all town officers when they are 
 applied to or appointed to decide any question affecting the 
 rights or claims of individuals, saving that other or shorter 
 notice, when required or allowed by statute, shall be suffi- 
 cient.— G. L., c. 43, s. 5, p. 122. 
 
 67. The decision of such selectmen, fence-viewers, school- 
 committee, and other committees and town officers, shall be 
 binding and conclusive upon all parties for the term of five 
 years, unless an appeal shall be prosecuted therefrom in 
 cases allowed by law. — G. L., c. 43, s. 6, p. 123. 
 
 "A report ngainst a laying out has never, to my knowledge, been held to l)e an estop- 
 pel, or conclusive aqainst a new petition." — Gushing, C. J., in Northern Railroad v. 
 Enfield, 57 N. H. 510.* 
 
 68. No selectman or other officer shall act, in tlie decision 
 of any such case, wlio would be disqualified to sit as a juror 
 in the trial of a civil action in wliich any of the parties in- 
 terested in such case was a party, from any cause except 
 exemption from service as a juror. — G. L., c. 43, s. 7, p. 123. 
 
 69. The general causes of disqualification appear in the 
 following section : 
 
 Any juror may be required by the court, on motion of any 
 party in the cause to be tried, to answer upon oath whether 
 he expects to gain or lose by the issue of the cause ; wheth- 
 er he is related to either party ; whether he has advised or 
 
SCHOOL-DISTRICTS. 25 
 
 assisted either party, or directly or indirectly given his opin- 
 ion, or has formed any opinion, or is sensible of any preju- 
 dice in the cause [or whether any one of the counsel in the 
 cause is employed by him in any action then pending in said 
 court]; and if it appears that any juror is not indifferent, he 
 shall be set aside on that trial.— G. L., c. 213, s. 23, p. 496. 
 
 70. Members of the board residing in any of the districts 
 to be affected are disqualified to act. 
 
 71. If any member of the board is related to any of the 
 parties, within the fourth degree, he is disqualified : an un- 
 cle or a brother-in-law cannot act. — Sanborn v. Fellows, 22 
 N. H. 473, 485. 
 
 72. The statute includes parties in interest. 
 
 73. The question as to whether or not any member is dis- 
 qualified, must, in the first instance, be determined by the 
 board. Their decision, however, may be corrected on cer- 
 tiorari, but not in general upon a bill in equity. — Lane v. 
 Morrill, 51 N. H. 422. 
 
 74. Objections that any member of the board is disqual- 
 ified, or has not taken the oath of office, if known to the 
 party or his counsel, must be taken at the earliest practica- 
 ble opportunity at the hearing, or they will be considered 
 waived. — School-District v. Carr, 55 N. H. 452. 
 
 75. The place of such selectman or person so disqualified 
 shall be supplied by those who are qualified to act, by the 
 appointment of a qualified person who has heretofore holden 
 the same office in the town, or, in the case of committees, by 
 a new appointment. If in any case the whole board is dis- 
 qualified, the selectmen shall, in v^riting, so inform some 
 justice of the supreme court, who shall thereupon, with or 
 without notice, appoint a nevj board for that case from qual- 
 ified persons who have before holden the same office. — G. 
 L., c. 43, s. 8, p. 123. 
 
 76. The purpose of the framer of the last clause clearly 
 was, where the whole board, and all others in town who had 
 held the same office, were disqualified, to secure the appoint- 
 ment, by a judge, of some qualified person in a neighboring 
 
26 SCHOOL-DISTRICTS. 
 
 town who had held the same office ; but the court have not 
 yet passed upon the question. 
 
 77. The form of appointment, by the members or mem- 
 ber of the board qualified to act and jurat, may be, — 
 
 To , of the town of : 
 
 Whereas, , one of the selectmen [or 
 
 school-committee, &c.] of said town of , is disqualified 
 
 to act on the trial of the petition of and 
 
 others for changing the lines of school-districts Nos. 4 and 
 6 in said town, now pending before the school-committee 
 and selectmen of said town, because he is a tax-payer in said 
 district No. 4, and interested in the event of said trial [or 
 is the father, son, brother, uncle, brother-in-law, &c., of 
 
 , one of the parties to said proceedings. 
 
 Here set forth any other of the numerous causes of disqual- 
 ification] , we, the remaining member of said board qualified 
 to act, hereby appoint you, a qualified person who has here- 
 tofore held the same office in the town, to act in his stead. 
 
 Witness .... hand , this day of , 188 . 
 
 of 
 
 M ,ss ,188 . 
 
 Then appeared the above named , and 
 
 took the oath of office by law prescribed. 
 
 Before me, 
 
 Justice of the Peace, 
 
 78. The appointment and jurat should be appended to the 
 report, and recorded with it as a part of the proceedings. 
 
 79. Where the whole board is disqualified, the certificate 
 of the selectmen to one of the justices of the supreme court 
 may be, — 
 
 To , one of the justices of the supreme court : 
 
 The undersigned, selectmen of , in the county 
 
 of , hereby inform you that the petition of 
 
SCHOOL-DISTRICTS. 27 
 
 and others, for the union of school-districts Nos. 
 
 8 and 9 in said town, is now pending before the school-com- 
 mittee and selectmen of said town of ; that said 
 
 , the sole school-committee of said town, 
 
 resides in and is a tax-payer in said school-district No. 8, 
 and interested in such petition and disqualified to act there- 
 on [here set forth any of the numerous other causes of dis- 
 qualification] ,— 
 
 Wherefore we certify tlie same to you as provided by law, 
 so that you may appoint a new board for said case from qual- 
 ified persons who have before held the same office. 
 
 Given under our hands, this .... day of , 188 . 
 
 {Selectmen 
 ...1.. 
 
 80. Tlie appointment and jurat may be, — 
 
 M , ss , 188 . 
 
 To , of the town of , in the 
 
 county of : 
 
 Upon due notice to all parties interested, and upon consid- 
 eration of the foregoing certificate and the proofs, you are 
 hereby appointed school-committee, as a new board for said 
 case. 
 
 Justice of the Supreme Court. 
 M , ss , 188 . 
 
 Then appeared the above named , and 
 
 took the oath of office by law prescribed. 
 
 Before me, 
 
 Justice of the Peace. 
 
 81. When two members of the board are disqualified, an 
 appointment of a substitute by all three is invalid ; but when 
 only two of the board are disqualified, the qualified member 
 may fill the vacancies. — Northern Railroad v. Enfield, 57 
 N. H. 508. 
 
 82. A notice issued by a board consisting of three is not 
 
28 SCHOOL-DISTRICTS. 
 
 invalid because one member of the board is disqualified by 
 reason of his residence in one of the districts to be affected. 
 — Fifield V. Swett, 56 N. H. 432. 
 
 83. The petition for changing lines, where districts are in 
 the same town, may be as follows : 
 
 To the school-committee and selectmen of A : 
 
 The undersigned, inhabitants of school-districts Nos. . . 
 and . . in said town, respectfully represent that their inter- 
 est and the public good require that the lines of said districts 
 be changed by disannexing the homestead farm of A B from 
 said district No. . . , and annexing the same to said district 
 No. .. 
 
 We therefore pray, that, after due notice and hearing, you 
 will so (change the lines of said districts), [and make an 
 equitable apportionment of the property and debts of said 
 districts, and find the balance, if any, equitably due from 
 either of said districts to the other, and order the payment 
 of such balance within a time to be by you limited.] 
 
 Dated at A this day of , 188 . 
 
 [Signatures.] 
 
 84. If the proceedings are to unite two or more districts, 
 omit the words in italics and insert "the union of said dis- 
 tricts;" and instead of the words in parentheses, insert 
 "unite said districts." 
 
 85. If the town has voted to make the proposed change in 
 either case, the words " said town having voted to make 
 such change, at a meeting duly called and held for that pur- 
 pose on the .... day of , 188 ," may be added to 
 
 the end of the clause preceding the prayer. 
 
 86. The order of notice is usually appended to or written 
 on the back of the original petition, and may be as follows: 
 
 We hereby appoint a hearing on the foregoing petition at 
 
 the school-house in said school-district No.. . on the 
 
 day of next, at . . o'clock in the . . . .noon; and it 
 
SCHOOL-DISTRICTS. 29 
 
 is ordered that the petitioners give notice of said petition 
 and hearing by posting an attested copy of said petition, 
 and this order thereon, fourteen days at least before the 
 said day of hearing, on the door of the school-house of each 
 school-district within mentioned, if any, otherwise in one or 
 more public places in said districts, and leaving a like copy 
 at the abode of the clerk of each of said districts, a like 
 time before said day of hearing. 
 
 Given under our hands, this .... day of , 188 . 
 
 ) School-Committee 
 
 I °: 
 
 ! Selectmen 
 
 87. Each copy is usually attested thus, — 
 A true copy. Attest : 
 
 and served by the first petitioner. 
 
 88. The return may be as follows : 
 
 I hereby certify, that on the day of , 
 
 188 , / posted an attested copy of said petition and order on 
 the door of the school-house in each of said school-districts y 
 
 and on the same day I left a like copy at the abode of 
 
 , the clerk of said district No. . . , and a like copy 
 
 at the abode of , the clerk of said district 
 
 No. .. 
 
 M , ss , 188 . Then appeared 
 
 , and made oath that the above certificate, by him 
 
 signed, is true. 
 
 Before me, 
 
 Justice of the Peace, 
 
 89. If one of said districts has no school-house, instead of 
 the words in italics, there should be inserted, " on the door 
 of the school-house in said school-district No. . . ; and there 
 being no school-house in said district No ..,1 posted an 
 
30 SCHOOL-DISTRICTS. 
 
 attested copy of said petition and order in the store of C. 
 G , the same being a public place in said district." 
 
 90. The final order may be as follows : 
 
 Upon the foregoing petition, we appointed a hearing and 
 
 gave notice thereof as aforesaid, and on the day of 
 
 , 188 , at . . o'clock in the . . . .noon, at the school- 
 house in said district No. . ., tlie time and place appointed, 
 [here insert the names of those who appeared as parties] 
 appeared as parties ; and, having heard all parties who de- 
 sired to be heard, and examined them and their witnesses 
 under oath, we are of opinion that the interest of the peti- 
 tioners and the public good require that the lines of said 
 districts he charioted by disannexing- the homestead farm of 
 A B from said district No. . ., and annexing; the same to 
 said district No. . .; and we therefore so change said lines. 
 
 We also make an equitable apportionment of the property 
 and debts of said district as follows : Each district shall re- 
 tain the scliool-house, fixtures, and apparatus heretofore 
 belonging to it, and shall pay its respective debts, and shall 
 collect and retain to its own use all debts due and owing to 
 the same ; and said district No. . . shall pay to said district 
 
 No. . . the sum of dollars within days 
 
 from the date hereof, which sum we find equitably due. 
 
 Given under our hands, this .... day of , 188 . 
 
 ) School-Committee 
 
 S of 
 
 i Selectmen 
 
 91. If the order is for the union of the districts, instead 
 of the words in italics, insert " the union of said districts 
 into one district, so as to include the whole territory of said 
 districts." 
 
 92. The town-clerk should record the entire proceedings, 
 and certify the date of receipt and record, and also certify 
 upon the original that the same was recorded, and when 
 and where. — Pierce v. Richardson, 37 N. H. 310. 
 
SCHOOL-DISTRICTS. 31 
 
 93. The form may be, — 
 
 Received and recorded , 188 , at . . o'clock in 
 
 the . . . .noon. 
 
 A true record. Attest : 
 
 Town- Clerk, 
 
 94. The certificate upon the papers may be, — 
 
 Received and recorded , 188 , at . . o'clock in 
 
 the . . . .noon. Book . . ; page . . 
 
 By me, 
 
 Town- Clerk. 
 
 95. The petition to the selectmen, to assess tax on delin- 
 quent districts, may be, — 
 
 To the Selectmen of the town of : 
 
 A W, prudential committee of school-district No. ... in 
 
 said town, respectfully represents, that on the day of 
 
 last, school-district No. ... in said town was by 
 
 the school-committee and selectmen of said town duly or- 
 dered to pay to said school-district No. . . the sum of 
 
 dollars within days from that date, as the balance 
 
 equitably due upon an apportionment by them of the prop- 
 erty and debts of said districts, and which sum has not been 
 paid, although the time limited for its payment has passed. 
 
 Wherefore he requests you to assess a tax for the amount 
 upon the polls and estate in said delinquent district, and 
 cause the same to be collected, and order the same to be 
 paid to said district No. . . 
 
 Dated at said , this .... day of , 188 . 
 
 Prudential Committee. 
 
 96. If the limits of the delinquent district have been 
 changed, the assessment should be upon the polls and estate 
 within its limits as changed. Districts that have been uni- 
 ted may, for the purpose of assessing a tax ordered to be 
 paid by either to the other, be considered as continuing with 
 their original limits. But where a district, formed from two 
 or more, has been ordered to pay a certain sum to one of the 
 
32 SCHOOL-DISTRICTS. 
 
 old districts, the tax should be assessed upon the new dis- 
 trict as a whole, 
 
 97. The form of the petition to restore districts may be, — 
 
 To the school-committee and selectmen of A : 
 
 The undersigned, inhabitants of school-district No. . . in 
 
 said town, formed by the union of school-districts No 
 
 and No in the same town, respectfully represent that 
 
 their interest and the public good require that said districts 
 be restored to their former position. 
 
 We therefore pray, that after due notice and hearing, you 
 will so restore said districts, and make an equitable appor- 
 tionment of tlie property and debts of the districts affected 
 by such proposed change, and find the balance, if any, equi- 
 tably due from either of said districts to the other, and order 
 the payment of such balance within a time to be by you lim- 
 ited. 
 
 Dated at A , this .... day of , 188 • 
 
 [Signatures.] 
 
 98. The order of notice may be as follows : 
 We hereby appoint a hearing on the foregoing petition at 
 the school-house in said school-district No. . ., on the .... 
 
 day of next, at . . o'clock in the noon ; and 
 
 it is ordered that the petitioners give notice of said petition 
 and hearing by posting an attested copy of said petition, and 
 this order thereon, fourteen days at least before the said day 
 of hearing, on the door of the school-house in said district, 
 if any^ otherwise in one or more public places in said dis- 
 trict, and leaving a like copy at the abode of the clerk of 
 said district, a like time before said day of hearing. 
 
 Given under our hands, this .... day of , 188 . 
 
 ! School-Committee 
 :' 
 
 i Selectmen of 
 ....?' 
 
SCHOOL-DISTRICTS. 33 
 
 99. The form of attestation by the first petitioner, the re- 
 turn, jurat, and record, should be the same as in ante^ p. 29. 
 
 100. The form of the final order should be the same as 
 ante^ p. 30, striking out the words in italics and inserting the 
 words ^' that said districts be restored to their former posi- 
 tion, and we therefore so restore them." 
 
 101. If deemed necessary, in the final order may be set 
 out the former limits of the district by metes and bounds. 
 
 102. The petition, when districts are in different towns, 
 may be, — 
 
 To the school-committee and selectmen of the towns of 
 A and B : 
 
 The undersigned, inhabitants of school-districts No. . . , in 
 
 said town of A , and No. . . , in said town of B , 
 
 respectfully represent that their interest and the public good 
 require that the lines of said districts be changed by disan- 
 nexing the homestead farm of C D from said district No. . . , 
 and annexing the same to said district No. . . 
 
 We therefore pray, that after due notice and hearing, you 
 will so change the lines of said district, and make an equi- 
 table apportionment of the property and debts of said dis- 
 tricts, and find the balance, if any, equitably due from either 
 of said districts to the other, and order the payment of such 
 balance within a time to be by you limited. 
 
 Dated this day of , 188 . 
 
 [Signatures.] 
 
 103. The order of notice may be, — 
 
 We hereby appoint a hearing on the foregoing petition at 
 
 the school-house in school-district No. . . in said , 
 
 on the day of next, at . . o'clock in the 
 
 .... noon ; and it is ordered that the petitioners give notice 
 of such petition and hearing by posting an attested copy of 
 said petition, and this order thereon, fourteen days at least 
 before the said day of hearing, on the door of the school- 
 house of each school-district within mentioned, if any^ other 
 3 
 
34 SCHOOL-DISTRICTS. 
 
 wise in one or more public places in said district, and leav- 
 ing a like copy at the abode of the clerk of each of said dis- 
 tricts, a like time before said day of hearing. 
 
 Given under our hands, this .... day of , 188 . 
 
 ) School-Committee 
 
 ^ of 
 
 I 
 
 Selectmen 
 of 
 
 ") School-Committee 
 of 
 
 / 
 
 Selectmen 
 of 
 
 104. The form of attestation, return, jurat, and final or- 
 der, the necessary changes being made, should be the same 
 as in 52, 53, and 55. 
 
 105. Every district including land in different towns shall 
 be deemed a district of that town in which most of the voters 
 therein reside at its formation ; but the district may^ by vote 
 recorded in both towns, elect to which town they will be- 
 long. — G. L., c. 86, s. 7, p. 207. 
 
 106. The selectmen, school-committee, and collector of the 
 town to which such district may be deemed to belong, shall 
 have the same powers in respect to such district as if the 
 whole were in that town. — G. L., c. 86, s. 8, p. 207. 
 
 107. When any town which has been divided into school- 
 districts shall have abolished them, or where it has never 
 been divided into districts, or all the districts therein have 
 been reunited in one, such towns shall then be considered as 
 one district, and shall have all the powers and liabilities of 
 the same.— G. L., c. 86, s. 3, pp. 206 and 207. 
 
 108. All existing districts, however organized, shall con- 
 tinue to be such, subject to be altered or discontinued ac- 
 cording to existing laws. — G. L., c. 86, s. 10, p. 207. 
 
SCHOOL-DISTRICTS. 35 
 
 109. The corporate powers and liabilities of any school- 
 district sliall continue and remain for the purpose of receiv- 
 ing and disposing of the money paid for its property by the 
 town, paying its debts, concluding any suit at law or in equi- 
 ty in which such district may be a party, collecting any 
 debts due such district and disposing of the proceeds there- 
 of, and holding and enjoying the income of any money or 
 property held in trust by virtue of any gift, devise, or be- 
 quest, for the benefit of each district, for the same purpose 
 and in the same manner as before, according to the terms 
 thereof.— G. L., c. 86, s. 28, p. 209. 
 
 110. School-districts that have exercised the privileges of 
 a district for a year shall be presumed to be legally organ- 
 ized ; and all districts legally organized shall be corporw- 
 lions, with power to sue and be sued^ to hold and dispose of 
 real and personal property for the use of the schools therein, 
 and to make necessary co7itracts relating thereto, — G. L., c. 
 86, s. 14, p. 208. 
 
 111. This provision legalizes all districts whose organiza- 
 tion was not strictly legal when formed. — ^School-District v. 
 Morrill, March T., 1880. 
 
 112. School-districts, being enabled by law to sue and be 
 sued, have the power to appoint and instruct agents to pros- 
 ecute and defend, and in suits at law may lawfully instruct 
 them to withdraw defences and confess judgment. — Dennis- 
 ton V, School-District, 17 N. H. 492. 
 
 113. But the tax-payers are not parties to the suits of dis- 
 tricts, nor bound by a judgment therein, but may proceed in 
 equity to set aside the judgment, if collusive, or to be pro- 
 tected agai^st it if it is likely to be made an instrument of 
 injustice or oppression to them. — Barr v. Deniston, 19 N. 
 H. 180 ; Davis v, School-District, 43 N. H. 381 ; same case, 
 44 N. H. 398. 
 
 114. But as to the extent to which a court of equity will 
 interfere, see Lane v, Morrill, 51 N. H. 422. 
 
 115. Any district may hire money for building their school- 
 houses, not exceeding four fifths of the cost thereof, which 
 shall be payable within five years, in equal proportions, with 
 the interest. — G. L., c. 86, s. 15, p. 208. 
 
36 SCHOOL-DISTRICTS. 
 
 116. The form of a district note should be, — 
 
 I.... A ,N. H., , 188 . 
 
 For value received, school-district No. ... in A , 
 
 promises to pay C D or order dollars, 
 
 with interest annually. 
 
 School-District No. . . in A , 
 
 By its committee, 
 
 E F. 
 G H. 
 I J. 
 
 117. Such a note would bind the district, if duly author- 
 ized, but not the committee personally. — Weare v. Gove, 44 
 N. H. 196. 
 
 118. The selectmen, on application of the creditor^ and 
 on the filing- of a copy of the vote and note of the district, 
 may, in each annual tax, assess on the district one fifth of 
 such debt and the interest, and cause the same to be collect- 
 ed and paid to the town treasurer, who shall pay the same, 
 on demand, to the creditor. — G. L., c. 86, s. 16, p. 208. 
 
 119. Any school-district may procure its buildings and 
 property to be insured against fire, and raise money there- 
 for, and by their agent give their premium note ; but no 
 part of the school-money required to be raised by law shall 
 be taken to pay for insurance. — G. L., c. 86, s. 17, p. 208. 
 
 120. Any district may raise money for the support of 
 schools, in addition to the tax required by law, and to pay 
 debts of the district, wliich, on certificate by the clerk, shall 
 be assessed and collected as other school taxes — G. L., c. 
 
 86, s. 18, p. 208. 
 
 Fees of county commissioners are deemed debts. — G. L., 
 c. 88, 8. 8, p. 214. 
 
 121. A tax will be invalid, if the vote has been reconsid- 
 ered before the assessment, at an adjourned meeting, or re- 
 scinded upon a new call. — Mitchell v. Brown, 18 N. H. 315. 
 
 122. When such vote is reconsidered or rescinded, the 
 clerk ought forthwith to certify the facts to the selectmen. 
 
MEETINGS AND OFFICERS. 
 
 37 
 
 123. It is the duty of the selectmen, before making an 
 assessment, to ascertain whether or not the proceedings of 
 the meeting at which the tax was voted were regular and 
 legal ; and if they were not, they make the assessment at 
 their own risk. 
 
 The certified copy of the vote raising money, required to be furnished to the select- 
 men within ten days after its passage, is only a notice to the selectmen that their action 
 is required in assessing the tax, but is not, sufficient in itself to justify their action.— 
 Rogers v. Bowen, 42 N. H. 108. 
 
 124. Each district may determine upon what terms schol- 
 ars from other districts or toivns may be admitted into their 
 schools. If the district neglect to make such determination, 
 the prudential committee may do it. — G. L., c. 86, s. 19, p. 
 208; G. L., c. 91, s. 1, p. 221; School-District v. Bragdon, 
 23 N. H. 516 ; School-District v. Pollard, 55 N. H. 504. 
 
 125. Any district may, by vote or by a committee, divide 
 the scholars according to their age, acquirements, and res- 
 idence, or either, and direct under what teachers they shall 
 be instructed.— G. L., c. 86, s. 20, p. 208. 
 
 126. If a district refuse or neglect to make such division, 
 it may be made by the school-committee. — G. L., c. 86, s. 21, 
 
 p. 208. 
 
 CHAPTER III. 
 
 m;eetings and officers of school-districts. 
 
 1. Meetings — how and by whom warned. 
 Warrant— to whom addressed; must 
 state time and place and business of 
 meeting distinctly. 
 
 2. Copy of warrant must be posted on 
 school-house door, if there be any in 
 district, otherwise at one or more pub- 
 lic places in district— when. 
 
 3. Meaning of the phrase ''public place." 
 
 4. Fourteen days— how reckoned. 
 
 5. Warrant — when issued and posted for 
 annual and when for special meetings. 
 Officers of districts must be chosen on 
 or before last day of March. 
 
 6. Justice may call annual or special 
 meetings— when, A vacancy shall be 
 deemed to exist — when. 
 
 7. Certificate on warrant— to contain 
 what. Oath may be administered by 
 clerk. Warrant and certificate to be 
 returned to clerk before meeting: 
 clerk to record the same— when. 
 
 8. General form of warrant. 
 
 9. Form of attestation, certificate of post- 
 
 ing, and record. 
 
 10. Directions as to record. 
 
 11. Form of application to justice to call 
 
 annual meeting. 
 
 12. Form of warrant by justice. 
 
 13. Directions as to record. 
 
 14. Form of attestation, certificate, and 
 
 record. 
 
 15. Form of application to committee to 
 
 call special meeting. 
 
38 
 
 MEETINGS AND OFFICERS. 
 
 16. Form of warrant for such special meet- 
 
 ing. 
 
 17. Directions as to record. 
 
 18. Directions as to attestation, return, and 
 
 record. 
 
 19. If committee calls within ten days, but 
 
 at a later day than specified on the 
 application, justice may call. 
 
 20. Form of application to justice to call 
 
 special meeting. 
 
 21. Applications are valid, though signed 
 
 by different persons. 
 
 22. Directions as to form of warrant. 
 
 23. Directions as to record. 
 
 24. Directions as to attestation, return, and 
 
 record. 
 
 25. Males and females may vote at district 
 
 meetings— when . 
 
 26. Check-list must be posted aud used— 
 
 when. 
 
 27. Form of petition for check-list. 
 
 28. Directions as to presenting petition. 
 
 29. Form of check-list. 
 
 30. Directions as to time of session. 
 
 31. Form of certificate of committee on 
 
 the back of list and jurat before open- 
 ing of meeting. 
 
 32. Copy of corrected list to be left with 
 
 clerk— when and by whom. 
 
 33. Form of certificate of committee. 
 
 34. Directions as to use of check-list. 
 
 35. Check-list must be used at all future 
 
 meetings, if district so votes at annual 
 meeting. 
 
 36. Penalty if illegal vote is cast. 
 
 37. Officers of districts— how chosen : may 
 
 be males or females ; should be sworn ; 
 term of ofiice. 
 
 38. What oflices incompatible: election— 
 
 when deemed a resignation. 
 
 39. Power and duty of moderator: may 
 
 administer oaths — when ; may be 
 chosen at any meeting in case of va- 
 cancy or absence. 
 
 40. Oath of office. 
 
 41. Powers and duties of a moderator of 
 
 town-meeting. 
 
 42. Rules of parliamentary law — when and 
 
 by whom put in force. 
 
 43. Moderator shall make vote certain — 
 
 when. Penalty if he wilfully neglects 
 or refuses to make vote certain, or if 
 he wilfully neglects to enforce rule of 
 proceedings as established by the 
 town or otherwise. 
 
 44. Persons may not speak in meeting— 
 
 when ; penalty of one dollar if not si- 
 lent at the desire of the moderator. 
 
 45. Disorderly persons may be removed 
 
 from meetings and detained— when, 
 by whom, and at whose command. 
 
 46. Constable to obey order and commands 
 
 of moderator— when ; may command 
 necessary assistance; shall forfeit 
 8?40 for use of town if he neglects 
 his duty. 
 
 47. Clerk's auties : shall act as moderator 
 
 — when. Clerk pro tempore may be 
 chosen— when and how. 
 
 75. 
 
 76. 
 
 The clerk's duty is to record the vote 
 as publicly declared by the modera- 
 tor; his duty is purely ministerial. 
 
 Clerk must certify vote to raise money 
 when meeting has adjourned for ten 
 days or more. 
 
 Form of certificate of vote to raise 
 money. 
 
 Form of the record of an annual meet- 
 ing. 
 
 Vacancy in the office of clerk of pru- 
 dential committee— when, how, by 
 whom, and upon whose application, 
 filled. Term of office of such ap- 
 pointees. 
 
 Vacancies— when deemed to exist. 
 
 Form of a petition to fill a vacancy. 
 
 Form of appointment and jurat. 
 
 Powers and duties of prudential com- 
 mittees. 
 
 Committee is trustee of the district, 
 and cannot hire himself to teach, or 
 otherwise contract with himself. 
 
 Committee may be dismissed by select- 
 men—when, upon whose petition, and 
 for what. 
 
 Form of petition. 
 
 Form of order, attestation, return, aud 
 jurat. 
 
 Form of the final order. 
 
 Directions as to record and filing. 
 
 Form of notice of dismissal. 
 
 Directions as to service. 
 
 Form of return and jurat. 
 
 Form of final order, when the decision 
 is adverse. 
 
 Board of education shall be elected at 
 annual meeting, when whole town is 
 a single district : selectmen shall ap- 
 point, if town neglects to choose — 
 when. Board shall have powers of 
 school and prudential committees. 
 
 Meetings may be held where town-meet- 
 ings are held ; and warrants may be 
 posted where warrants for town- 
 meetings may be. 
 
 Town and district warrants aud meet- 
 ings must be separate. 
 
 The proceedings in general are the 
 same as in any school-district. 
 
 AVhen and how any other school dis- 
 tricts may choose board of education. 
 
 Of what number board may consist; 
 term of office— how detennined ; va- 
 cancies—when aud how filled. 
 
 Powers of the board. 
 
 Board must be sworn; oath of; shall 
 choose a president and secretary. 
 Meetings— when held. Record of all 
 proceetlings to be kept by the secreta- 
 ry. Compensation— what allowed and 
 how apportioned. 
 
 Board or treasurer shall make report 
 of disbursements— when ; board may 
 elect treasurer agent. Powers of 
 agent; compensation of— how deter- 
 mined. 
 
 Boards to report— what, when, and to 
 whom. 
 
 1. Meetings of school-districts shall be warned by the 
 prudential committee, by warrant addressed to the inhab- 
 
MEETINGS AND OFFICERS. 89 
 
 itants of the district qualified to vote in district affairs, stat- 
 ing the time and place of meeting and the business to be 
 acted upon. — G. L., c. 87, s. 1, p. 209. 
 
 The district cannot act except upon articles distinctly stated in the warrant. — Hol- 
 brook V. Faulkner, 55 N. H. SU. 
 
 2. Such warrant shall be served by posting a copy thereof, 
 attested by the committee, at the door of the school-house, if 
 there be any in the district ; otherwise, at one or more public 
 places in the district, fourteen days at least prior to the day 
 of meeting.— G. L„ c. 87, s. 2. p. 209. 
 
 3. The term " public," as applied to place, is not an abso- 
 lute but a relative term, and as used in the statute means 
 nothing more than a place relatively and comparatively pub- 
 lic— Gaboon V. Coe, 57 N. H. 595. 
 
 Where there was no church, meeting-house, school-house, hotel, office, mechanic 
 shop, store, sign-post, guide-post, or board box by the wayside for depositing newspa- 
 pers for subscribers or others, and no public highway or bridge, but six families resid- 
 ing in small ordinary dwelling-houses, it was held that there was a public place.— 
 Cahoon v. Coe, 57 N. H. 566. 
 
 4. There must be fourteen days between the day of post- 
 ing and the day of meeting. — G. L., c. 1, s. 32, p. 46 ; ante, 2. 
 
 5. The prudential committee shall issue his warrant for 
 the annual meeting, and post a copy thereof, at any time 
 subsequent to the first Tuesday of January and prior to the 
 second Tuesday of March ; and such annual meeting shall 
 be holden, and the officers of the district chosen, on or be- 
 fore the last day of March ; and he shall issue his warrant 
 for special meetings upon application therefor of three or 
 more voters of the district within ten days after such appli- 
 cation is made. — G. L. c. 87, s. 3, pp. 209 and 210. 
 
 6. If the prudential committee neglect to issue a warrant 
 for such annual or special meeting, and to post a copy there- 
 of within the respective times limited therefor, a justice, upon 
 a like application, shall call such annual or special meeting 
 by issuing his warrant, and causing an attested copy of it to 
 be served in the manner before prescribed ; and in case a 
 justice shall fail to call such annual meeting in the month of 
 March, by issuing his warrant, and causing an attested copy 
 of it to be served as aforesaid ; or, in case the officers of the 
 district shall not be actually chosen at such meeting before 
 
40 MEETINGS AND OFFICERS. 
 
 the twentieth day of April, a vacancy shall be deemed to ex- 
 ist in the offices of the district. — G. L., c. 87, s. 4, p. 210. 
 
 7. The warrant, with a certificate thereon verified by oath, 
 which may be administered by the clerk of the district, that 
 a copy thereof was posted, and at what time and place, shall 
 be given to the clerk of the district, at or before the time of 
 the meeting, and shall be recorded by him in the records of 
 the district.— G. L., c. 87, s. 6, p. 210 ; Laws of 1879, c. 57, 
 s. 18, pp. 369 and 370. 
 
 8. The form of the warrant, when issued by the prudential 
 committee, may be, — 
 
 THE STATE OF NEW HAMPSHIRE. 
 
 To the inhabitants of school-district No. ... in the town 
 of . . . . , qualified to vote in district affairs : 
 
 You are hereby notified to meet at the school-house in 
 said district, on the .... day of March, 188 , at . . o'clock 
 in the . . . .noon, to act upon the following subjects : 
 
 1. To choose a moderator, clerk, and prudential commit- 
 tee, not exceeding three, for the ensuing year. 
 
 2. To hear the reports of agents, auditors, committees, 
 and officers heretofore chosen, and pass any vote relating 
 thereto. 
 
 3. To choose agents, auditors, and committees in relation 
 to any subjects embraced in this warrant. 
 
 4. To see, etc. 
 
 Given under my hand, at said , this .... day of 
 
 ,188 . 
 
 Prudential Committee, 
 
 9. The attestation, certificate of posting, and record may 
 
 be, — 
 
 A true copy of warrant. 
 
 Attest : 
 
 Prudential Committee, 
 
 I certify that on the .... day of , 188 , I posted 
 
 a copy of the within warrant, attested by the prudential com- 
 
MEETINGS AND OFFICERS. 41 
 
 mittee of such district, at the door of the scliool-house in 
 district No. . . in said town. 
 
 M ss 188 . Then 
 
 made oath that the above certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace. 
 
 10. The clerk should first record the warrant and certifi- 
 cate of posting, and attest the record of each as follows : 
 
 Received March . ., 188 , and recorded. 
 A true record. 
 
 Attest : 
 
 Clerk of District. 
 
 11. The form of an application to a justice to call an an- 
 nual meeting may be, — 
 
 To , a justice of the peace for the county of : 
 
 Tlie undersigned, legal voters in school-district No. . . , in 
 
 the town of , in said county, respectfully represent 
 
 that the prudential committee of said district has neglected 
 to issue a warrant, and post a copy thereof, for the annual 
 meeting of said district for the year 188 ; and they request 
 you to call such annual meeting, and insert in the warrant 
 for the same the following articles : [Here insert articles.] 
 
 Dated at said , this .... day of , 188 . 
 
 [Signers.] 
 
 The articles may be the same as iu the warrant issued by the prudential committee. 
 
 12. The warrant may be, — 
 
 THE STATE OF NEW HAMPSHIRE. 
 
 M , ss. 
 
 To the inhabitants of school-district No. . . , in the town 
 of , qualified to vote in district affairs : 
 
 Pursuant to an application of this date, by three and more 
 
42 MEETINGS AND OFFICERS. 
 
 legal voters of said district, to me, a justice of the peace of 
 said county, by reason of the neglect of the prudential com- 
 mittee of said district to call the annual meeting of said dis- 
 trict for the year 188 , you are notified to meet at the school- 
 house in said district on the .... day of March, 188 , at . . 
 o'clock in the . . . .noon, to act upon the following subjects : 
 [Here insert articles as in the application.] 
 
 Given under my hand, this .... day of , 188 . 
 
 Justice of the Peace. 
 
 13. The application sliould be recorded with the warrant. 
 
 14. The attestation, certificate of posting, and record may 
 be as in 9 and 10. 
 
 15. The application to prudential committee for a special 
 meeting may be, — 
 
 To the prudential committee of school-district No. . . , in 
 the town of : 
 
 The undersigned, three and more legal voters in said dis- 
 trict, request you to issue a warrant, and post a copy there- 
 of, for a meeting of said district, to be held at the school- 
 house in said district on the .... day of ,188 , at . . 
 
 o'clock in the . . . .noon, to act upon the following subjects: 
 [Here insert articles.] 
 
 Dated at said this day of , 188 . 
 
 [Signers.] 
 
 16. The form of a warrant for such special meeting may 
 be, — 
 
 THE STATE OF NEW HAMPSHIRE. 
 
 To the inhabitants of school-district No. . . , in the town 
 of , qualified to vote in district affairs : 
 
 Pursuant to an application to me of this date, by three and 
 more legal voters of said district, you are notified to appear 
 
MEETINGS AND OFFICERS. 43 
 
 at the school-house in said district on the .... day of . . . . , 
 188 , at . . o'clock in the . . . .noon, to act upon the follow- 
 ing subjects : [Here insert articles following application.] 
 
 Given under my hand, at said , this .... day of 
 
 ,188 . 
 
 Prudential Committee, 
 
 17. The application should be recorded with the warrant. 
 
 18. The attestation, certificate of posting, and record may 
 be as in 9 and 10. 
 
 19. If the prudential committee actually calls the meeting 
 within ten days, but at a later date than the time specified 
 in the application, a justice of the peace may call a meeting, 
 upon a proper application. — Denniston v, School-District, 17 
 N. H. 492. 
 
 20. The application to a justice for a special meeting may 
 be, — 
 
 To , a justice of the peace for the county of 
 
 The undersigned, three and more legal voters in school- 
 district No. . . , in the town of . . . ., in said county, respect- 
 fully represent, that on the .... day of last, three 
 
 or more legal voters in said district made a written applica- 
 tion to the prudential committee thereof to call a meeting of 
 said district, of which the following is a copy : [Here in- 
 sert a copy of the application, including the names of the 
 signers thereto.] Yet said committee has neglected to issue 
 a warrant, and post a copy thereof, for such meeting, and 
 more than ten days have elapsed since said application. 
 
 Wherefore they request you to call such meeting at the 
 time and place and for the purposes stated in said applica- 
 tion. 
 
 Dated at said , this .... day of , 188 . 
 
 [Signers.] 
 
44 MEETINGS AND OFFICERS. 
 
 21. The signers to both applications need not be the 
 same. — Simpson v. Orford, 41 N. H. 228. 
 
 22. The warrant under the foregoing application may be 
 as in 12, omitting the words '' the annual meeting of said 
 district for the year 188 ," and inserting instead thereof the 
 
 words " a special meeting of said district on the dav 
 
 of ,188 ." 
 
 23. The application should be recorded with the warrant. 
 
 24. The attestation, certificate of posting, and record may 
 be as in 9 and 10. 
 
 25. Any person, whether male or female, but in all other 
 respects except sex qualified to vote in town affairs, may vote 
 at school-district meetings in the district in which such per- 
 son has resided and liad a home three months next preced- 
 ing such meeting. — G. L., c. 87, s. 6, p. 210 ; Laws of 1879, 
 c. 57, s. 18, p. 870. 
 
 26. Upon petition of ten legal voters in any district, pre- 
 sented in January to the prudential committee, he shall 
 make, post, and correct a list of the legal voters in the dis- 
 trict as selectmen [supervisors of the check-list] are requir- 
 ed to do in regard to the list of voters in their towns ; and 
 said list shall he used and checked, at the election of oflRcers 
 and otlierwise, at the annual meeting of the district, as such 
 list may be used in town-meetings. — G. L., c. 87, s. 7, p. 210. 
 
 27. The petition may be, — 
 
 To , prudential committee of school-district No. 
 
 . . , in the town of : 
 
 The undersigned, ten and more legal voters in said dis- 
 trict, request you to make, post, and correct a list of the 
 legal voters in said district as [selectmen] are required to 
 do in relation to lists of voters in their town. 
 
 Dated at said , this .... day of , 188 . 
 
 [Signers.] 
 
MEETINGS AND OFFICERS. 45 
 
 28. It would be advisable to present the petition to the 
 prudential committee on or before the first Tuesday of Jan- 
 uary, 
 
 29. The check-list may be, — 
 
 List of voters in school-district No , in the town of 
 
 The following is an alphabetical list of all the legal voters 
 
 in school-district No. . . , in the town of , made and 
 
 posted by the prudential committee of said district on the 
 day of ,188 : 
 
 Names. Names. 
 
 The prudential committee of said district gives notice that 
 
 he will be in session, for the purpose of correcting the 
 
 foregoing list, at the school-house, being one of the most 
 
 public places in said district, on the .... day of , 
 
 188 , at . . o'clock in i\\Q. . .noon, and on the day of 
 
 , 188 , at . . o'clock in the. . . .noon. 
 
 5 ' 
 
 Given under .... hands, at said , this .... day of 
 
 , 188 . 
 
 ! Prudential 
 Committee. 
 
 80. The prudential committee should be in session, for 
 the purpose of correcting said list, two days at least before 
 the day of rtieeting, the last of which should be the day pre- 
 ceding the day of the meeting. 
 
 31. Before the opening of the meeting, the prudential 
 committee should subscribe and make oath to the following 
 certificate upon the back of the foregoing corrected list : 
 
 The undersigned, prudential committee of school-district 
 
 No. . . , in said town of , do solemnly swear, that, 
 
 according to best knowledge, the within list contains 
 
 ^^A Of TBDR*^^ 
 
 fU»I7BRSIT7] 
 
46 MEETINGS AND OFFICERS. 
 
 the names of those persons only who are, by actual resi- 
 dence, legal voters in said district. 
 
 So help .... God. 
 
 i Prudential 
 Committee. 
 
 ss 188 . 
 
 Then the above named , and , and 
 
 took and subscribed the foregoing oath. 
 
 Before me, 
 
 Justice of the Peace, 
 
 32. An attested copy of the foregoing check-list, as cor- 
 rected, with the return thereon, should be lodged with the 
 clerk of the district on i\\Q day of the meeting, and before 
 the opening thereof. 
 
 33. The form of the certificate may be, — 
 
 .... hereby certify that the foregoing is a true copy of 
 the check-list, duly made and posted in said district as cor- 
 rected by .... 
 
 Prudential 
 Committee. 
 
 34. The safe course, when there is a clieck-list, is to use 
 it in the election of all officers and in the transaction of all 
 business. 
 
 35. If any district, at an annual meeting, shall vote that 
 a check-list shall be used at future meetings, such check-list 
 shall be so made, posted, and corrected, and used at all meet- 
 ings while such vote remains in force. — G. L., c. 87, s. 8, p. 
 210. 
 
 36. If any person under the age of twenty-one years, or 
 any alien not naturalized, or any person who has not resided 
 and had his home in the district for one month and in the 
 town six months preceding, shall vote in any district meet- 
 ing, or if any person shall give in more than one vote for 
 any officer voted for at such meeting, he shall be fined not 
 
MEETINGS AND OFFICERS. 47 
 
 exceeding thirty dollars, or imprisoned not exceeding three 
 months.— G. L., c. 87, s. 9, p. 210. 
 
 37. The officers of a district shall be a moderator, a clerk, 
 and prudential committee not exceeding three, who shall be 
 adult citizens of the district ; shall be chosen by ballot by a 
 plurality of votes, and may be either male or female ; shall 
 be sworn, and shall hold their offices for one year, or until 
 others are elected or appointed and qualified in their stead. 
 — G. L., c. 87, s. 10, p. 210 ; Laws of 1879, c. 57, s. 19, p. 
 370. 
 
 38. The offices of prudential committee and auditor are 
 incompatible. A person who is elected to both offices at the 
 same meeting, and accepts tlie latter, thereby declines the 
 former.— Cotton v, Phillips, 56 N. H. 220. 
 
 39. The moderator of a school-district shall have the like 
 power and duty as a moderator of a town-meeting to conduct 
 the business and to preserve order, and may administer oaths 
 to district officers and others, when oaths are required in 
 the district business. In case of a vacancy or absence, a 
 moderator may be chosen at any meeting. 
 
 In Mitchell v. Brown, 18 N. H. 315, it was apparently held that a moderator could 
 lawfully refuse to put motions which it was his duty to put, and could put an end to a 
 meeting, although no motion had been made to dissolve it. But such a record con- 
 cludes no one in the election of officers ; and the rule cannot apply when a voter sea- 
 sonably attempts to take an appeal from such despotic decisions. 
 
 40. The oath of office may be, — 
 
 You do solemnly swear that you will faithfully and im- 
 partially discharge and perform all the duties incumbent on 
 
 you as a , according to the best of your abilities, 
 
 agreeably to the rules and regulations of the constitution and 
 laws of the state of New Hampshire. So help you God, 
 
 41. The powers and duties of a moderator of a town- 
 meeting are as follows : 
 
 The moderator shall preside in and regulate the business 
 of the meeting ; may prescribe rules of proceeding, which 
 may be altered by the town ; shall decide all questions of 
 order, and make a public declaration of all votes passed. — 
 G. L., c. 39, s. 3, p. 116. 
 
 42. The rules of parliamentary law, so called, are not in 
 
48 MEETINGS AND OFFICERS. 
 
 force for the government of town-meetings, except so far as 
 prescribed by the moderator, subject to alteration by the 
 town.— Hill V. Goodwin, 56 N. H. 441. 
 
 43. When any vote, other than by ballot, declared by the 
 moderator or other officer presiding, shall immediately, and 
 before any other business is commenced, be questioned by 
 seven or more of the voters present, the moderator or other 
 officer presiding shall make the vote certain by a poll of the 
 voters. If any moderator or other officer presiding shall 
 wilfully neglect or refuse to make any vote certain by a poll 
 of the voters, when required as aforesaid, or shall wilfully 
 violate or neglect to enforce any rule of proceeding which 
 shall have been established by vote of the town or otherwise, 
 he shall, for each offence, be fined not exceeding five hun- 
 dred dollars, or be imprisoned not exceeding six months. — 
 G. L., c. 39, s. 4, p. 116. 
 
 44. No person shall speak in any meeting without leave 
 of the moderator, nor when any person is orderly speaking; 
 and all persons shall be silent at the desire of the modera- 
 tor, on pain of forfeiting one dollar for each offence, for the 
 use of the town. — G. L., c. 39, s. 6, p. 116. 
 
 45. If any person shall conduct in a disorderly manner, 
 and, after notice from the moderator, persist therein, or shall 
 in any way disturb the meeting, or wilfully violate any rule 
 of proceeding, the moderator may command any constable 
 or any legal voter of tlie town to remove such disorderly 
 person from the meeting, and detain him until the business 
 is finished.— G. L., c. 39, s. 7, p. 116. 
 
 46. Every constable shall obey the orders and commands 
 of the moderator for the preservation of order, and may 
 command such assistance as is necessary ; and if any con- 
 stable neglect to perform any of the duties imposed by this 
 chapter, he shall forfeit forty dollars, for the use of the town. 
 — G. L., c. 39, s. 8, p. 116. 
 
 47. The clerk shall keep a true and attested record of all 
 the doings of each meeting ; shall deliver to the selectmen 
 a certified copy of every vote to raise money, within ten 
 days ; shall make and certify copies of any votes, when re- 
 quired and payment therefor is tendered ; and shall have 
 
MEETINGS AND OFFICERS. 49 
 
 the same power to administer oaths as the moderator ; and 
 if, at any meeting, the moderator is absent, or if his office 
 has become vacant, the clerk shall act as a moderator until 
 a moderator pro tempore shall be chosen ; and if the clerk is 
 absent, a clerk pro tempore shall be chosen ; and it shall not 
 be deemed necessary to the choice of such officers pro tem- 
 pore that an article shall have been inserted in the warrant 
 for that purpose ; and the choice shall be by ballot and a plu- 
 rality of votes.— G. L., c. 87, s. 12, pp. 210 and 211. 
 
 48. It is the duty of the clerk to record the votes as pub- 
 licly declared by the moderator. His duty in this respect is 
 purely ministerial. — Hill v, Goodwin, 56 N. H. 441. 
 
 49. The clerk is to certify a vote for raising money, al- 
 though the meeting may have adjourned to a time beyond 
 ten days. — Mitchell t;. Brown, 18 N. H. 315. 
 
 50. The certificate of the record of a vote to raise money 
 may be, — 
 
 To the selectmen of the town of A : 
 
 At a meeting of the legal voters of school-district No. . . . , 
 
 in the town of , on the .... day of , 188 , 
 
 at the school-house in said district, at . , o'clock in the .... 
 noon : 
 
 The meeting was called to order by , moderator 
 
 J]or clerk] . 
 
 Voted to raise the sum of ... . thousand dollars for build- 
 ing a new school-house, and procuring land and suitable fur- 
 niture and apparatus and needful conveniences therefor. 
 
 A true record. 
 
 Attest : 
 
 Clerk of District, 
 A true copy of record. 
 
 Attest : 
 
 Clerk of District. 
 
 51. The warrant and certificate of posting should first be 
 recorded by the clerk. Then the record of the proceedings 
 may be, — 
 
 At a meeting of the inhabitants of school-district No. . . . , 
 4 
 
50 MEETINGS AND OFFICERS. 
 
 qualified to vote in district affairs, at the scliool-house in said 
 
 district, on tlie .... day of , 188 , at . . o'clock in 
 
 the .... noon : 
 
 The meeting was called to order by , moderator 
 
 [or clerk] , and proceeded to the transaction of business as 
 follows : 
 
 1. The whole number of tickets given in for moderator was 
 one liundred ; upon which 
 
 A B had twenty votes; 
 
 C D had thirty-five votes ; 
 
 E F had forty-five votes ; and said E F was declared elect- 
 ed moderator, and in open meeting took the oath of oflBce by 
 law prescribed. 
 
 2. The whole number of tickets given in for clerk was one 
 hundred ; upon which 
 
 B H had thirty votes ; 
 
 W C had thirty votes ; 
 
 R S had forty votes, and was declared elected clerk by the 
 moderator, and in open meeting took the oath of office by 
 law prescribed. 
 
 3. Voted to choose a prudential committee of one person. 
 For prudential committee, the whole number of tickets giv- 
 en in was one imndred ; upon which 
 
 A B had thirty votes ; 
 
 C D had thirty votes ; 
 
 E F had forty votes, and was declared elected prudential 
 committee by tiie moderator, and in open meeting took the 
 oath of office by law prescribed. 
 
 4. Voted to raise the sum of ... . thousand dollars to build 
 a new school-house, and procure land and suitable furniture 
 and apparatus and needful conveniences therefor. 
 
 [Here insert all other votes, care being taken to make the 
 record an accurate and intelligible account of the entire pro- 
 ceedings of the meeting.] 
 
 5. Voted to adjourn this meeting until the day of 
 
 , 188 , at . . o'clock in the . . . .noon, at the school- 
 house in said district [or, Voted that this meeting adjourn]. 
 
 A true record. 
 
 Attest : R S, Clerk of said District, 
 
 52. If a vacancy shall occur in the office of clerk or pru- 
 dential committee, from ani/ cause, the selectmen, upon ap- 
 
MEETINGS AND OFFICERS. 51 
 
 plication of one or more voters in such district, shall fill such 
 vacancy ; and the officers thus appointed shall hold their of- 
 fices until new ones are legally chosen and qualified. — 6. L., 
 c. 87, s. 13, p. 211. 
 
 53. A vacancy may exist when the prudential committee 
 or other officer removes from the district. — Giles v. School- 
 District, 31 N. H. 304. 
 
 Vacancies may also occur by the death or resignation of the incumbent. 
 
 '54. The application to selectmen to fill a vacancy may 
 be, — 
 
 To the selectmen of the town of : 
 
 The undersigned, legal voters in school-district No. . . , in 
 said town, respectfully represent that there is a vacancy in 
 
 tlie office of in said district, and they request you to 
 
 fill such vacancy. 
 
 Dated at said , this .... day of , 188 . 
 
 [Signers.] 
 
 65. vThe appointment may be, — 
 
 To , of school-district No. . . . , in the town of 
 
 Whereas, there is a vacancy in tlie office of in said 
 
 district, and an application has been made to us by one or 
 more legal voters of said district to fill such vacancy, we, 
 having confidence in your ability and fidelity, hereby appoint 
 
 you of said district ; and upon your taking the oath 
 
 of office, and having this appointment and the certificate of 
 said oath recorded in the records of said district, you shall 
 have the powers, perform the duties, and be subject to the 
 liabilities of said office. 
 
 Witness our hands, this .... day of , 188 . 
 
 ) Selectmen 
 of 
 
 i 
 
52 MEETINGS AND OFFICERS. 
 
 M ,ss 188 . 
 
 Then appeared , and took the oath of office by 
 
 law prescribed. 
 
 Before me, 
 
 Justice of the Peace, 
 
 56. The prudential committee shall select and hire teach- 
 ers for the district, provide them board, furnish necessary 
 fuel, make such occasional repairs of the scliool-house and 
 furniture as may be necessary, not exceeding in amount five 
 per cent, of the school-money of the district, notify the su 
 perintending school-committee of the commencement and 
 close of tlie schools, and give tliem such information and as- 
 sistance as may be necessary for the performance of their 
 duties.— G. L., c. 87, s. 14, p. 211. 
 
 The practice of " bidding off" the board is illegal and reprehensible. The district 
 cannot in this wav take from the committee his power to provide suitable board for 
 teachers.— School-District v. Currier, 45 N. H. 573. 
 
 57. Tlie committee is the trustee of the district, and as 
 such liolds its funds, and cannot liire himself to teach, and 
 otherwise contract witli himself. — Fisher v. Concord Railroad, 
 50 N. H. 205. 
 
 58. Any member of a prudential committee may be dis- 
 missed from office by the selectmen, by a written notice in 
 hand or left at his abode, upon petition of one fourth of the 
 legal voters of the district, alleging that he is incompetent, 
 irresponsible, or mismanages the affairs of the district, upon 
 four days' notice to the committee of such petition, and a 
 hearing thereon. — G. L., c. 87, s. 15, p. 211. 
 
 59. The petition may be, — 
 
 To the selectmen of the town of : 
 
 The undersigned, being one fourth of the legal voters in 
 
 school-district No , in said town, respectfully represent 
 
 that . . . , , prudential committee of said district, is in- 
 competent and irresponsible, and mismanages the affairs of 
 said district, and they therefore request you to dismiss the 
 said from his said office. 
 
 Dated at said , this .... day of , 188 . 
 
 [Signers.] 
 
MEETINGS AND OFFICERS. 58 
 
 60. The order of notice, service, and return may be, — 
 
 A hearing upon said petition is hereby appointed at . . . . , 
 
 in the town of , on the .... day of next, at 
 
 . . o'clock in the noon ; and it is ordered that the peti- 
 tioner give notice of said petition and hearing to tlie said 
 
 , by giving to him, or leaving at his abode, an 
 
 attested copy of said petition, and this order thereon, 
 
 days at least before the said day of hearing. 
 
 Given under our hands, this .... day of , 188 . 
 
 Selectmen 
 of 
 
 The copy may be attested by the person serving it, as,- 
 
 A true copy. 
 
 Attest : 
 
 I hereby certify, that on the ... . day of , 188 , 
 
 I gave to , within named [or, " I left at the abode 
 
 of , within named"], an attested copy of the within 
 
 petition and order thereon. 
 
 M ,88 , 188 . Then appeared , 
 
 and made oath that the above certificate by him signed is 
 true. 
 
 Before me, 
 
 Justice of the Peace, 
 
 61. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 
 gave notice tliereof as aforesaid ; and on the day of 
 
 , 188 , at . . o'clock in the . . . .noon, at , in 
 
 the town of , the time and place appointed [here 
 
 insert the names of those who appeared as parties] , appeared 
 as parties ; and, having heard all parties who desired to be 
 heard, and examined them and their witnesses under oath, 
 we find that said is incompetent and irresponsi- 
 ble, and does mismanage the affairs of said district, as alleged 
 
54 MEETINGS AND OFFICERS. 
 
 in said petition, and therefore order that he be removed from 
 his said oflfice. 
 
 Given under our hands, this .... day of , 188 . 
 
 ) Selectmen 
 
 \ of 
 
 62. The town-clerk must record the entire proceedings, 
 and should certify the record of each separate part as follows: 
 
 Received and recorded 188 , at ... o'clock in the 
 
 ....noon. 
 
 A true record. 
 
 Attest : 
 
 Totvn Clerk. 
 The filing upon the papers may be, — 
 
 Received and recorded and filed, , 188 . 
 
 By me, 
 
 Town Clerk. 
 
 63. Notice of dismissal may t)e, — 
 
 To , prudential commiUee of school-district No. 
 
 . . in the town of : 
 
 You are hereby dismissed from your office of prudential 
 committee. 
 
 Witness our hands, this .... day of , 188 . 
 
 ) Selectmen 
 > of 
 
 64. The original should be served, and the copy and re- 
 turn recorded, by the clerk of the district. 
 
 65. The certificate of service may be, — 
 
 I certify, that on the .... day of , 188 , I gave to 
 
 the within named [or, "I left at the abode of the 
 
 within named "] the original notice of which the 
 
 within is a true copy. 
 
 M ,88., ,188 . 
 
MEETINGS AND OFFICERS. 66 
 
 Then appeared , and made oath that the above 
 
 certificate, signed by him, is true. f 
 
 Before me, 
 
 Justice of the Peace. 
 
 66. When the decision is adverse, insert after the word 
 oath, in 61, '' We find that said is not incompe- 
 tent or irresponsible, and does not mismanage the affairs of 
 
 • said district, as alleged in said petition, and therefore do not 
 remove said from his said office." 
 
 67. School-districts composed of the whole town shall, at 
 their annual meeting, elect a board of education, who shall 
 have and exercise all the powers and duties of superintending 
 and prudential school-committees ; and should any such dis- 
 trict neglect to choose such board of education, the selectmen 
 shall, on or before tlie twentieth day of April ensuing^ appoint 
 such board.— G. L., c. 87, s. 16, p. 211. 
 
 68. Whenever any school-district shall consist of the whole 
 town, the district meetings thereof may be held at the usual 
 place or places where the town-meetings of such town are 
 held ; and the warrants for such district meetings may be 
 posted at such places as warrants for town-meetings are re- 
 quired by law to be posted. — Laws of 1879, c. 57, s. 37, p. 
 372. 
 
 69. The warrants and meetings are not to be a part of the 
 town warrants and meetings, as such, as was formerly the 
 case. 
 
 70. The statutes quoted make the town a school-district, 
 and all the proceedings are, in general, as in any other school- 
 district. 
 
 71. Any other school-district in any town of the state, 
 which may so elect, and in which there are fifty children of 
 school age, or which may support a public school during not 
 less than tliirty weeks in each year, or a graded school dur- 
 ing not less than twenty-four weeks in each year, is hereby 
 authorized, at any legal meeting duly notified and holden for 
 the purpose, to choose, by ballot and by a major vote of the 
 qualified voters of the district, a board of education. — G. L., 
 c. 87, s. 17, p. 211. 
 
56 MEETINGS AND OFFICERS. 
 
 72. Such board of education shall consist of three, six, or 
 nine persons, having the legal qualifications prescribed by 
 law for prudential and school-committees, one third of whom 
 shall hold office for one year, one third for two years, and one 
 third for three years from the time of the annual meeting in 
 such district, and until others are duly chosen and qualified 
 in their stead, the term of office of each to be determined by 
 lot at the first meeting of tlie board, and a record thereof 
 made. One third of said board shall be chosen at every an- 
 nual meeting of the district after the first choice thereof as 
 aforesaid, by ballot and by major vote of the qualified voters 
 of the district present and voting, to fill the vacancy that 
 will annually occur by the expiration of office of one third of 
 the incumbents, and to hold office for three years, and until 
 others are chosen and qualified in their stead. Any vacancy 
 occurring from any other cause may be filled in like manner 
 at a special meeting held for the purpose, otherwise at the 
 next annual meeting ; and the person chosen to fill such va- 
 cancy shall hold office during the unexpired term, and until 
 another shall be duly chosen and qualified in his stead. — G. 
 L., c. 87, s. 18, pp. 211 and 212. 
 
 73. Any board of education elected according to the pro- 
 visions of this chapter shall have the care and custody of all 
 the property belonging to the district, shall employ teachers 
 and fix their compensation, shall have tlie control and man- 
 agement of the schools of the district, and examine and al- 
 low all claims arising therefrom, and generally shall have 
 and enjoy all the power and authority, and perform all the 
 duties, by law pertaining to the offices of prudential and 
 school-committees. — G. L., c. 87, s. 19, p. 212. 
 
 74. Said boards shall be sworn to the faithful performance 
 of their duties, shall clioose a president and secretary of their 
 own number, and shall hold meetings as often as may be 
 necessary for tlie discharge of their duties ; and the secre- 
 tary shall keep a record of all their proceedings in a book 
 kept for that purpose at the expense of the district. They 
 shall receive no compensation for their services except such 
 sums as the towns in which such boards are created may al- 
 low them for performing the duties of school-committees 
 within the districts for which they are chosen, which sums 
 
SCHOOL-DISTRICTS. 
 
 57 
 
 may be apportioned among them according to the services 
 rendered by each member in that capacity. — G. L., c. 87, 
 s. 20, p. 212. 
 
 75. A report of receipts and disbursements during the 
 year shall be made to the district at every annual meeting by 
 said boards, or by such member of the board as they may 
 appoint to act as treasurer, and, if they so elect, to act as 
 agent in providing fuel, furniture, and other necessaries for 
 the accommodation of the various schools of the district, who 
 shall receive such compensation as the district may deter- 
 mine.— G. L., c. 87, s. 21, p. 212. 
 
 76. It shall be the duty of said boards, in cases where the 
 district is coniposed of the wliole town, to make a report to 
 the town, and in other cases to the school-committees of the 
 towns in which sucli boards have been organized, on or be- 
 fore the first day of March of each year, containing such 
 facts as said school-committee shall by law be required to 
 report to the towns, and such other information as said 
 school-committee shall have occasion to use in making any 
 report required by law to be made. — G. L., c. 87, s. 22, p. 
 212. 
 
 CHAPTER IV. 
 
 SCHOOL-DISTRICTS. 
 
 May raise money— how, and for what 
 purposes. 
 
 Form of article. 
 
 Directions as to form of vote. 
 
 May locate school-house and purchase 
 land therefor by vote or committee. 
 
 Form of vote when district locates. 
 
 Form of vote when the district locates 
 by a committee. 
 
 Form of report of locating committee. 
 
 Form of vote when the act of the com- 
 mittee must be afterwards afl&rmed by 
 the district. 
 
 Form of report of such committee. 
 
 Form of vote adopting such report. 
 
 Report— by whom recorded and kept 
 on file. 
 
 12. Committee cannot bind district beyond 
 
 the amount of money lawfully voted ; 
 acts of committee cannot be ratified 
 except by express vote. 
 
 13. Location may be changed by school- 
 
 committee upon petition of three or 
 more legal voters. 
 
 14. Form of petitiop. 
 
 15. Form of order. 
 
 16. Form of attestation, return, and jurat. 
 
 17. Form of final order. 
 
 18. Form of record. 
 
 19. Form of final order when no changes 
 
 are made. 
 
 20. Location— how and by whom deter- 
 
 mined when districts do not agree 
 upon location or a committee to locate. 
 
58 
 
 SCHOOL-DISTRICTS. 
 
 21. Form of petition. 
 
 22. Directions as to order, attestation, re- 
 
 turn, and jurat. 
 
 23. Form of final order. 
 
 24. Form of record. 
 
 25. Form of final order when no change is 
 
 made. 
 
 26. County commissioners may determine 
 
 location — when. 
 
 27. Notice — how given. Hearing. Deci- 
 
 sion must be made within sixty days, 
 in writing, and filed with clerk of dis- 
 trict. While these preceedings are 
 pending, all others are prohibited and 
 stayed. 
 
 28. Fees of commissioners— what, when, 
 
 and by whom paid. School-districts 
 authorized to raise money to pay the 
 same. 
 
 29. Form of petition to the county com- 
 
 missioners. 
 
 30. Form of order. 
 
 31. Form of attestation. 
 
 32. Certificate of posting, service, and ju- 
 
 rat. 
 83. Form of final order. 
 34. Record of proceedings. 
 86. Form of final order when no change is 
 
 made. 
 
 36. Office filled by judge of supreme court, 
 
 upon petition, when a vacancy exists 
 from any cause, or when any commis- 
 sioner is disqualified from acting by 
 reason of interest in the case. 
 
 37. Fdi-mof petition. 
 
 38. Form of appointment and jurat. 
 
 89. Commissioners may appoint substitute 
 —when and how. 
 
 40. Oath of substitute. 
 
 41. Certificate of oath and appointment 
 
 must be returned with report to court, 
 and filed therewith. 
 
 42. Form of such appointment and jurat. 
 
 43. School-lot— how enlarged, upon peti- 
 
 tion, by school-committee or county 
 commissioners. 
 
 44. Selectmen to appraise land damages— 
 
 when and how. Appraisal to be in 
 writing, and filed with the clerk of 
 district. Remedy of land-owner for 
 increase of damages. 
 
 45. Form of petition when district neg- 
 
 lects or refuses to purchase or pro- 
 cure land legally designated for 
 school-house lot. 
 
 65. 
 
 Form of order. 
 
 Form of return and jurat. 
 
 Form of final order. 
 
 Selectmen to appraise damages to land- 
 owner—when. 
 
 Form of petition by district. 
 
 Form of order. 
 
 Form of attestation, return, and jurat. 
 
 Form of final order. 
 
 Effect of payment or tender of land 
 damages. Land reverts— when. 
 
 "When selectmen may assess and collect 
 tax and cause school-house to be built, 
 removed, repaired, or fitted up. 
 
 Form of petition. 
 
 Form of order 
 
 Form of attestation, return, and jurat. 
 
 Form of final order. 
 
 Form of record. 
 
 Form of petition when district neg- 
 lects or refuses to repair or fit up 
 school-house. 
 
 Directions as to order, service, and re- 
 turn. 
 
 Directions as to form of final order. 
 
 Directions as to form of proceeding 
 when district has refused or neglected 
 ••to remove." 
 
 Form of petition when district neg- 
 lects or refuses to build house upou 
 or refuses to remove house to lot le- 
 
 gally " designated." 
 Direction 
 
 67. 
 
 rections as to form of notice, return, 
 and jurat. 
 
 Form of final order. 
 
 School to be kept in school-honse— 
 except when. Prudential committee 
 may hire rooms and conveniences for 
 use of school— when, and at whose 
 expense. 
 
 Form of application and consent. 
 
 Districts may grant use of school-honse 
 for writing- and singing-schools and 
 other meetings— when. 
 
 Real and personal property— where as- 
 sessed for school-nou.'*e taxes. 
 
 Selectmen may make new invoice at 
 their option. 
 
 Collector's duty when such tax is as- 
 sessed upon property of non-residents 
 after July 1. 
 
 1. Any district, at a legal meeting holden for the purpose, 
 may raise money for building, purchasing, renting, repair- 
 ing, or removing such school-houses and outbuildings as the 
 wants of the district require, procuring land for a new school- 
 house lot, or to enlarge any existing lot, and providing suit- 
 able furniture and apparatus and needful conveniences there- 
 for.— G. L., c. 88, s. 1, p. 213. 
 
 2. The article in the warrant may be, — 
 
SCHOOL-DISTRICTS. 69 
 
 To see what sum or sums of money tlie district will raise, 
 by taxation or otherwise, for building, purchasing, renting, 
 repairing, or removing sucli school-houses and outbuildings 
 as the wants of the district require, procuring land, and pro- 
 viding suitable furniture and apparatus and needful conven- 
 iences therefor, and to procure and pay for insuring its build- 
 ings and property against fire, and to choose all necessary 
 committees and agents therefor. 
 
 3. The vote should set forth specifically and distinctly the 
 will of the district. 
 
 4. The district may decide upon the location of their school- 
 houses, by vote or by a committee appointed for that pur- 
 pose, and purchase or procure land for the same, and may 
 choose committees with powers to carry their votes into ef- 
 fect.— G. L., c. 88, s. 2, p. 213. 
 
 5. The vote, when the district locates, may be, — 
 
 Voted to locate the school-house in that part of the Gay 
 pasture, in said school-district, bounded and described as fol- 
 lows : Beginning at a stake on the land of A B, on the west- 
 erly side of the highway leading from C to D , 
 
 thence running westerly ten rods on the land of E P to the 
 corner of the cross wall, thence running southerly on said 
 wall eight rods to a stake and stones, thence easterly ten rods 
 to a stake and stones on said highway, thence running north- 
 erly eight rods on said highway to bound begun at, — contain- 
 ing half an acre of land ; and to pay G H, the owner there- 
 of, the sum of fifty dollars therefor. 
 
 6. When the district locates by a committee, the vote may 
 be, — 
 
 Voted, that A, B, and C be a committee to decide upon a 
 location for a school-house in said district. 
 
 Under this vote the action of the committee is final. 
 
 7. The report may be, — 
 
 To school-district No. . . , in the town of ....'..: 
 
 The undersigned, a committee chosen at a meeting of said 
 district, duly called and held therefor on the day of 
 
60 SCHOOLrDISTRICTS. 
 
 . , 188 , to decide upon the location of a school-house 
 
 in said district, and purchase and procure land for tlie same, 
 have attended to the duty assigned them, and have located 
 the same upon a lot of land, being a part of the homestead 
 farm of M....,in said district, bounded and described as 
 follows : Beginning at a stake and stones on said homestead 
 farm, on the southerly side of the highway leading from .... 
 
 to , thence running south ten rods to a white oak tree, 
 
 spotted on tlie northerly side, thence running east eight rods 
 to a stake and stones, thence running north ten rods to a 
 stone post, and thence running west on said highway to the 
 bound begun at, — containing half an acre of land ; and have 
 
 taken from said , the owner thereof, and his wife, 
 
 , a homestead quit-claim deed of said lot, in com- 
 mon form, to said school-district No , the same being 
 
 a gift from said owner to said district. 
 
 Dated at , this .... day of , 188 . 
 
 > Committee. 
 
 8. Form of vote when the committee is advisory : 
 
 Voted, that A, B, and C be a committee to examine and 
 report upon the location of a school-house in said district, 
 and the purchase or procuring of land for the same. 
 
 The action of the committee does not become the act of the district until adopted in 
 open meeting duly held therefor. 
 
 9. Form of report: 
 
 To school-district No. . . in the town of : 
 
 The undersigned, a committee duly chosen at a meeting of 
 
 said district, duly called and held therefor on the day 
 
 of , 188 , to examine and report upon a location for a 
 
 school-house in said district, and the purchase or procuring 
 of land for the same, have attended to the duty assigned 
 them, and report, that in their judgment the best interests 
 of said district will be promoted by locating the same upon 
 that part of the Hunkins field, in said district, bounded and 
 described as follows : Beginning at a stake and stones on 
 the north side of the highway leading from .... to . . . . , at 
 the south-west corner of said field, thence running north on 
 
SCHOOL-DISTRICTS. 61 
 
 the land of C D ten rods to the land of E F, thence running 
 east on land of said E F eight rods to a rock-maple tree 
 spotted on four sides, thence running south ten rods to a 
 stake and stones standing on said highway, thence running 
 west on said highway eight rods to the bound begun at, — 
 
 containing half an acre ; and that , the 
 
 owner thereof, has, by a contract in writing, under seal, exe- 
 cuted by him, agreed to convey the same to said district, if 
 the district so elect, within thirty days from the date thereof, 
 by a homestead warranty deed, in common form, for the sum 
 of one hundred dollars, twenty-five dollars thereof to be paid 
 on the delivery of said deed, and the remainder in six months 
 thereafter. 
 
 I 
 
 Dated at , this day of ,188 . 
 
 Committee. 
 
 10. The vote upon the foregoing report may be, — 
 
 Vbted^ to adopt the report of said committee, and instruct 
 them to take a deed of said land to said district No. . . , upon 
 the terms therein set forth. 
 
 11. The report should be recorded at length by the clerk 
 of the district, and be kept upon file. 
 
 12. No committee shall have power to bind the district 
 beyond the amount of money voted by the district ; and the 
 district shall not be bound by any act, as a ratification of the 
 doings of such committee beyond their authority, unless by 
 express vote of the district at a meeting called for that pur- 
 pose.— G. L., c. 88, 8. 3, p. 213. 
 
 13. If any threeor more of the voters of a district are 
 aggrieved by the location of any school-house by the district 
 or its committee, they may apply, by petition, to the school- 
 committee, who shall hear and determine the location there- 
 of.— G. L., c. 88, s. 4, p. 213. 
 
 14. The petition may be, — 
 
62 SCHOOL-DISTRICTS. 
 
 To the school-committee of the town of : 
 
 The undersigned, three or more legal voters in school-dis- 
 trict No. . . . , in said town, respectfully represent, that a lot 
 of land, described as follows [here insert boundaries and 
 description], has been decided upon by said district for the 
 location of a school-house for said district. Your petitioners 
 are aggrieved by the location of said school-house, and re- 
 quest you to determine the location thereof. 
 
 Dated at said . . . . , this day of .... , 188 . 
 
 [Signers.] 
 
 15. The order of notice may be, — 
 
 A hearing upon the foregoing petition is liereby appointed 
 at . . . . , in the town of . . . . , on the .... day of ... . next, 
 
 at . . . o'clock in the noon ; and it is ordered that the 
 
 petitioners give notice of said petition and hearing to said 
 district by posting an attested copy of said petition, and this 
 order thereon, on the door of the school-house of said dis- 
 trict, fourteen days at least before said day of liearing, and 
 leaving a like copy at the abode of the clerk of said district a 
 like time before the said day of hearing. 
 
 Given under our hands, this .... day of . . . . , 188 . 
 
 School Committee 
 of 
 
 16. The attestation, return, and jurat may be, — 
 
 A true copy. 
 
 Attest : 
 
 I certify, that on the .... day of . . . . , 188 ,1 posted an 
 attested copy of said petition and order on the door of the 
 school-house in the school-district within mentioned, and on 
 
 the same day I left a like copy at the abode of , 
 
 the clerk of said district. 
 
SCHOOL-DISTRICTS. 63 
 
 G ,88 , 188 . Then appeared , and 
 
 made oath that the above certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace. 
 17. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 
 gave notice thereof as aforesaid, and on the day of 
 
 , 188 , at . . o'clock in tlie . . . .noon, at . . . ., in the 
 
 town of ., the time and place appointed [here insert 
 
 the names of those who appeared as parties], appeared as 
 parties ; and, having heard all parties interested who attend- 
 ed and desired to be heard, and all evidence offered by them, 
 and examined them and tlieir witnesses under oatli, we find 
 that the lot of land described in said petition lias been decid- 
 ed upon by said district [or by a committee of said district] 
 for the location of their school-house ; and that the petition- 
 ers, being three or more legal voters in said district, are ag- 
 grieved by such location, and we therefore determine that 
 the location of said school-house shall be upon a lot of land 
 in said district bounded and described as follows [here insert 
 boundaries and description]: 
 
 Given under our hands, at . . . ., this .... day of , 
 
 188 . 
 
 ) School-Committee 
 of 
 
 I 
 
 18. The form of record may be, — 
 
 Received and recorded , 188 , at . , o'clock in the 
 
 . . .noon. 
 
 A true record. 
 
 Attest : 
 
 Town- Clerk. 
 
 19. If the decision is adverse, the report, after the word 
 " oath " may be, — '' We find that said petitioners are not ag- 
 grieved by such location, and we therefore make no change." 
 
 20. If at a meeting duly holden for the purpose, the dis- 
 trict do not agree upon a location for a school-house, or upon 
 
64 SCHOOL-DISTRICTS. 
 
 a committee to locate the same, the school-committee, upon 
 petition of three or more voters, shall determine the location. 
 — G. L., c. 88, s. 5, p. 213. 
 
 21. The petition may be, — 
 
 To the school-committee of the town of . . . .: 
 
 The undersigned, three or more legal voters of school-dis- 
 trict No , in said town, respectfully represent that, at a 
 
 meeting of said district, duly held therefor on the .... day 
 of . . . . , 188 , the district failed to agree upon a location for 
 a school-house for said district, or upon a committee to lo- 
 cate a school-house in said district ; wherefore the under- 
 signed request you to determine the location thereof. 
 
 Dated at said . . . ., this .... day of . . . ., 188 . 
 
 [Signers.] 
 
 22. The order of notice, attestation, return, and jurat, may 
 be as in sections 15 and 16 ante. 
 
 23. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 gave notice thereof as aforesaid, and on the .... day of . . . ., 
 188 , at . . o'clock in the . . . .noon, at . . . ., in the town of 
 
 , the time and place appointed [liere insert the names 
 
 of those who appeared as parties] appeared as parties ; and, 
 having heard all parties interested who attended and desired 
 to be heard, and all evidence offered by them, and examined 
 them and their witness under oath, we find that, at a meet- 
 ing duly held to act upon the subject, said district failed to 
 agree upon a location for a school-liouse in said district, or 
 upon a committee to locate the same, as stated in said petition, 
 and said petitioners are three or more legal voters of said 
 district ; — we therefore determine that said location shall be 
 upon a lot of land in said district bounded and described as 
 follows [here insert boundaries and description] : 
 
SCHOOL-DISTRICTS. 65 
 
 Given under our hands, at . . . ., this .... day of , 
 
 188 . 
 
 ) School-Committee 
 
 of 
 
 I 
 
 24. The form of record may be, — 
 
 Received and recorded , 188 , at . . o'clock in the 
 
 . . . .noon. 
 
 A true record. 
 
 Attest : 
 
 Town- Clerk. 
 
 25. If the decision be adverse, the report after the word 
 " oath " may be, — '^ We find that said petitioners are not ag- 
 grieved by «uch location, and we therefore make no change." 
 
 26. If any ten or more voters of a scliool-district are ag- 
 grieved by the location of any school-liouse by the district or 
 its committee, or by the superintending school-committee 
 upon proceedings before them for that purpose, they may 
 apply by petition to the county commissioners, who shall 
 hear and determine the location thereof. — G. L., c. 88, s. 6, 
 p. 213. 
 
 27. When any such petition is presented to the county 
 commissioneVs, tliey shall appoint a time and place of hear- 
 ing thereon, whicli place of liearing shall be within the dis- 
 trict wherein the school-house is to be located, and shall give 
 notice of the time and place so appointed by causing a copy 
 of the petition presented to them, and of the order of notice 
 made by them thereon, to be posted on the outside of the 
 outer door of each school-house in the district, if there be 
 any in the district, and if not, in one or more public places 
 in the district, at least fourteen days before the time so ap- 
 pointed, and by causing a like copy to be given to or left at 
 the usual place of abode of the clerk and prudential commit- 
 tee of the district a like time before the time appointed for 
 the hearing, and they may adjourn said hearing from time to 
 time, not exceeding sixty days in all. They shall hear all 
 parties residing in the district or having any interest in the 
 subject-matter of the hearing who may desire to be heard, 
 
 5 
 
66 [school-districts. 
 
 and shall make their decision in writing, and file the same 
 with the clerk of the district. While proceedings as afore- 
 said are pending before the county commissioners, no steps 
 shall be taken by the district, or any officers or parties whom- 
 soever, to carry into effect any former location of the school- 
 house.— G. L., c. 88, s. 7, pp. 213 and 214. 
 
 28. The fees of the county commissioners for their services 
 on petitions relating to the location of school-houses shall be 
 the same as on petitions relating to highways, and for mak- 
 ing such locations sliall be paid by tlie districts in which they 
 are made; and scliool-districts are hereby authorized to raise 
 money to pay such fees the same as to pay other debts of the 
 .district.— G. L., c. 88, s. 8, p. 214. 
 
 29. The petition may be, — 
 
 To the county commissioners for the county of : 
 
 The undersigned, being ten and more legal voters in school- 
 district No. . . , in the town of , in said county, respect- 
 fully represent that a lot of land, bounded and described as 
 follows : [here insert boundaries and description as given 
 in the location appealed from] lias been decided upon by said 
 district [or, "by a committee of said district," or, "by the 
 superintending school-committee of said town," as the case 
 may be] for the location of a school-house for said district, 
 and that your petitioners are aggrieved by such location. 
 They therefore request you to determine the location of said 
 school-house. 
 
 Dated at . . . •, the .... day of . . . ., 188 . 
 
 [Signatures.] 
 
 30. The order may be, — 
 
 A hearing upon the foregoing petition is hereby appointed 
 at the school-house in school-district No. . . . , in the town of 
 .... [or, " at the hotel of A B, in school-district No. . . . , in 
 
 the town of "], on the day of. . . ., 188 , at . . 
 
 o'clock in the . . . .noon ; and it is ordered that the petition- 
 
SCHOOL-DISTRICTS. 67 
 
 ers give notice of said petition and hearing thereon by caus- 
 ing a copy of the petition presented to us, and order of notice 
 made by us thereon, to be posted on the outside of the outer 
 door of each school-house in said district, if any there be, 
 and if not, in one or more public places in said district, at 
 least fourteen days before the time so appointed, and by caus- 
 ing a like copy to be given to or left at the usual place of 
 abode of the derk and prudential committee of said district, 
 a like time before the time appointed for such hearing. 
 
 Given under our hands, this .... day of .... , 188 . 
 
 County Commissioners 
 
 of the 
 County of . 
 
 31. The attestation may be, — 
 
 A true copy. 
 
 Attest : 
 
 32. The certificate of posting, service, and jurat may be, — 
 I certify, that on the .... day of , 188 , I posted an 
 
 attested copy of the foregoing petition and order thereon on 
 the outside of the outer doors of all the school-houses in the 
 district within mentioned [or, " in the hotel of A B, tlie same 
 being one of the most public places in said district, there be- 
 ing no school-liouse in said district''], and by leaving a like 
 
 copy at the usual place of abode of , clerk, and 
 
 , prudential committee, of said district, on the 
 
 day of , 188 . 
 
 M ,88 ,188 . 
 
 Then appeared , and made oatli that the above 
 
 certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace, 
 
 33. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 gave notice thereof as aforesaid, and on the .... day of .... , 
 188 , at . . o'clock in the . . . .noon, at . . . ., in said district, 
 the time and place appointed [here insert the names of those 
 
68 SCHOOLrDISTRTCTS. ' 
 
 who appeared as parties], appeared as parties ; and, having 
 heard all parties residing in the district, or having any inter- 
 est in the snbject-raatter of the hearing, who attended and 
 desired to be heard, and all evidence offered by them, and 
 examined them and their witnesses under oath, we find that 
 the lot of land described in said petition has been decided 
 upon by said district [or, " by a committee of said district," 
 or, " by the superintending school-committee of said town," 
 as the case may be] for the location of a school-house in said 
 district, and that the petitioners, being ten or more legal 
 voters in said district, are aggrieved by such location ; and 
 we therefore determine and make this our decision in writ- 
 ing, that the location of said school-house shall be upon a 
 lot of land situated in said district [here insert the bounda- 
 ries and description], and award that said petitioners recover 
 of said school-district, and that said school-district shall pay 
 our fees, taxed at dollars and cents. 
 
 Given under our hands, this .... day of . . . ., 188 . 
 
 ! County Commissioners 
 of the 
 County of 
 
 34. All the proceedings should be recorded by the clerk 
 of the district. 
 
 The form of such record may be, — 
 
 Received and recorded ,188 , at .. . o'clock in the 
 
 . . . .noon. 
 
 A true record. 
 
 Attest : 
 
 Clerk of District, 
 
 35. If the decision is adverse, the report, after the word 
 " oath " may be, — "- We find that said petitioners are not ag- 
 grieved by such location, and we therefore make no change." 
 
 36. In all cases where, for any cause, a vacancy exists on 
 the board of commissioners, or where any of such commission- 
 ers are disqualified from acting by reason of interest in the 
 case, such vacancy shall be filled by the supreme court in 
 the same manner as similar vacancies in case of laying out 
 highways.— G. L., c. 88, s. 9, p. 214. 
 
SCHOOL-DISTRICTS. 69 
 
 37. If any commissioner is interested in any such petition, 
 he shall not serve ; but the vacancy shall be filled, upon petition 
 of a commissioner, by any judge of the supreme court. — G. 
 L., c. 69, s. 6, p. 179. 
 
 38. Such petition may be, — 
 
 To , one of the justices of the supreme court : 
 
 The undersigned, one of the county commissioners for the 
 
 county of , represents that the petition of 
 
 and others, being ten or more legal voters of school-district 
 
 No. . . , in the town of , in said county, praying for tlie 
 
 location of a school-house in said district, is now pending 
 before said commissioners ; that , one of said com- 
 missioners, resides, and is a tax-payer, in said district [here 
 set forth any other causes of disqualification], and interested 
 in such petition and disquahfied to act. Wherefore he prays 
 that you will fill such vacancy in the manner prescribed by 
 law. 
 
 One of the County Commissioners for said County of 
 
 The appointment, to be written at the bottom of the original petition, or endorsed 
 upon it, and jurat, may be,— 
 
 M ,ss ,188 . 
 
 To , of . . . . , in the county of .... : 
 
 Upon considering the foregoing [or, '^ within"] petition 
 and the proofs, you are hereby appointed to fill said vacancy 
 in said board of county commissioners. 
 
 Witness my hand and seal, this .... day of .... , 188 . 
 
 Justice of the Supreme Court. 
 
 M , ss ,188 . 
 
 Then appeared the above named , and made 
 
 oath that he would faithfully and impartially perform the 
 duties of a county commissioner in the proceedings upon 
 said petition. 
 
 Before me, 
 
 Justice of the Peace, 
 
70 SCHOOL-DISTRICTS. 
 
 39. If any one of the commissioners is unable to attend at 
 said time and place, the commissioners present may, by writ- 
 ing, under their hands, appoint a person who has served in 
 said office to act in his stead. — G. L., c. 68, s. 2, p. 176. 
 
 40. The person so appointed shall be sworn to act faithful- 
 ly and impartially in the proceedings upon the petition, and 
 shall have the powers and perform the duties of a county 
 commissioner in relation thereto. — G. L., c. 68, s. 3, p. 176. 
 
 41. The certificate of his appointment and oath shall be 
 returned to the court witli the report of the commissioners, 
 and filed therewith. — G. L., c. 68, s. 4, p. 176. 
 
 42. The form of such appointment may be, — 
 To , of the town of : 
 
 Whereas, , one of the county commissioners, is 
 
 unable to attend at the time and place appointed by said 
 commissioners for a hearing this day upon the petition of 
 
 and others, being ten or more legal voters of 
 
 school-district No. .. ., in the town of , praying for the 
 
 location of a school-house in said district, we hereby appoint 
 you to act in his stead. 
 
 Witness our hands, this .... day of . . . ., 188 . 
 
 ! County Commissioners 
 for the 
 County of 
 
 M ,S8 , 188 . 
 
 Then appeared the above named , and made 
 
 oath that he would faithfully and impartially perform the 
 duties of a county commissioner in the proceedings upon 
 said petition. 
 
 Before me, 
 
 Justice of the Peace. 
 
 43. The school-committee or county commissioners may 
 enlarge any existing school-house lot, so that it shall contain 
 not exceeding half an acre, upon such petition to them and 
 proceedings thereon as are required to authorize them to de- 
 termine the location for a school-house. — 6. L., c. 88, s. 10, 
 p. 214. 
 
SCHOOL-DISTRICTS. 71 
 
 The proceedings before the school-committee, under sections 13, 14, 15, 16, 17, 18, and 
 19, and the county commissioners, under sections 26, 27, 28 29, 30, 31, and 32, of this 
 chapter, may be readily adapted to the preceding section. 
 
 44. If any school-district shall neglect or refuse to pur- 
 chase or procure the land for a new school-house lot, or to 
 enlarge any existing lot, which may be designated in the 
 manner provided by the school-committee or county commis- 
 sioners, or the owner of the land so designated shall refuse 
 to sell the same to the district for a reasonable sum, the se- 
 lectmen, upon petition to them for that purpose, shall ap- 
 praise the damages to such land-owner for the taking of said 
 land, which appraisal shall be reduced to writing and signed 
 by the selectmen, and filed with the clerk of the district as 
 soon as may be after it is made. If such land-owner shall be 
 aggrieved at such appraisal, he shall have a like remedy for 
 increase of damages by appeal as if the same were laid out 
 for a highway ; and, if his damages shall be increased upon 
 such appeal, he shall have judgment and execution against 
 the district for such excess and his costs. — G. L., c. 88, s. 11, 
 p. 214. 
 
 45. The form of the petition may be, — 
 To the selectmen of the town of . . . .: 
 
 The undersigned, legal voters in school-district No. . . , in 
 the town of .... , m the county of .... , represent that a lot 
 
 of land therein, owned by , in the town of . . . ., in 
 
 the county of . . . ., bounded and described as follows : [here 
 insert the boundaries and description] was duly designated 
 by the school-committee of said town [or, " by the county 
 commissioners of said county"] for a school-house lot for 
 said district as provided by law ; that said school-district has 
 neglected and refused, and still neglects and refuses, to pur- 
 chase [or "procure"] the land for said school-house lot; 
 wherefore your petitioners request you to appraise the dam- 
 ages to said land-owner for the taking of said land. 
 
 Dated at . . . . , this .... day of .... , 188 . 
 [Signers.] 
 
 46. The order may be, — 
 
 A hearing upon the foregoing petition is hereby ap- 
 pointed at the hotel of J G, in said town of . . . . , on the .... 
 
72 SCHOOL-DISTRICTS. 
 
 day of ... . next, at . . of the clock in the . . . .noon ; and it 
 is ordered that the petitioners give notice of said petition and 
 hearing to said school-district No. . . by posting on the door 
 of the school-house in said district, and by leaving at the 
 abode of the clerk of said district, or giving to him, an at- 
 tested copy of said petition, and tlie order thereon, fourteen 
 
 days at least before said day of hearing, and to , 
 
 the land-owner within named, by giving him, or leaving at his 
 abode, a like copy a like time before said day of hearing. 
 
 Given under our hands, this .... day of . . . ., 188 . 
 
 ) Selectmen 
 
 \ of 
 
 47. The attestation, return, and record may be, — 
 
 I certify, that on the .... day of . . . . , 188 , I left at the 
 
 abode of , clerk of said district, and , 
 
 within named, each an attested copy of the within petition 
 and order thereon, and on the same day posted a like copy 
 thereof upon the school-house in said district. 
 
 M ,88 ,188 . 
 
 Then appeared , and made oath that the above 
 
 certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace, 
 
 49. If the owner of the land designated as aforesaid for a 
 school-house lot, or to enlarge any existing lot by the district 
 or its committee, shall refuse to sell the same for a reason- 
 able price, the selectmen, upon petition, may lay out a lot 
 not exceeding half an acre, and appraise the damages to the 
 owner, who shall have like remedy for increase of damages 
 as provided in the foregoing section. — 6. L., c. 88, s. 12, 
 p. 214. 
 
 50. The petition of the school-district may be, — 
 
 To the selectmen of the town of : 
 
 School-district No. . . . , in said town, represents that a lot 
 
SCHOOL-DISTRICTS. 73 
 
 of land situate therein [not exceeding half an acre], bounded 
 and described as follows: [liere insert boundaries and descrip- 
 tion] owned by , of the town of , has been 
 
 legally designated [here describe by what authority designat- 
 ed] for a school-house lot, and that said owner refuses to sell 
 the same to said district for a reasonable price. Wherefore 
 said school-district requests you to lay out said lot, and ap- 
 praise the damages to the owner. 
 
 Dated at said . . . ., this .... day of . . . ., 188 . 
 
 School-District No. . , , in 
 
 By its agents : 
 
 A B, 
 
 CD, ^ 
 
 E F. 
 
 51. The order may be, — 
 
 A hearing upon the foregoing petition is hereby appointed 
 
 at , in tlie town of , on the day of 
 
 next, at . . o'clock in the . . . . ; noon ; and it is ordered that 
 the petitioner give notice of said petition and hearing to the 
 
 said by giving to him, or leaving at his abode, an 
 
 attested copy of said petition and this order thereon fourteen 
 days at least before tlie said day of hearing. 
 
 Given under our hands, this .... day of . . . ., 188 . 
 
 ) Selectmen 
 
 ::::::::::::::::::::::::L.»'.... 
 
 52. The attestation, return, and jurat may be, — 
 
 A true copy. Attest : 
 
 I certify, that on the day of , 188 , I gave to 
 
 , within named [or, "I left at the abode of .... 
 
 , within named,"] an attested copy of the wuthin peti- 
 tion and order thereon. 
 
 M ,88 , 188 . 
 
 Then appeared , and made oath that the above 
 
 certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace. 
 
74 SCHOOL-DISTRICTS. 
 
 53. The form of the final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 gave notice thereof as aforesaid, and on the .... day of ... , 
 188 , at . . o'clock in the . . . .noon, at . . . ., in the town of 
 
 , the time and place appointed [here insert tlie names 
 
 of those who appeared as parties] , appeared as parties ; and, 
 having heard all parties interested who attended and desired 
 to be heard, and all evidence offered by them, and examined 
 them and their witnesses under oath, we find that the lot of 
 land described in said petition has been legally designated 
 for a scliool-house lot, as stated in said petition, and that . . 
 . . . ., the owner of said land, refuses to so sell the same for 
 a reasonable price; and we therefore lay out said lot, bound- 
 ed and described as follows: [here insert the boundaries and 
 description] for a school-house lot, and appraise the dam- 
 ages to the said owner at the sum of ... . dollars. 
 
 Given under our hands, this .... day of . . . . , 188 . 
 
 , . . . . ) Selectmen 
 
 J of 
 
 54. Upon the payment or tender of the damages assessed 
 by the selectmen as aforesaid to the land-owner, the land des- 
 ignated as aforesaid for a new school-house lot, or an addi- 
 tion to an existing lot, shall vest in said district, but shall 
 revert to the owner, his heirs or assigns, whenever the dis- 
 trict shall vote to discontinue the use thereof, or shall cease 
 to use the same for a school-house two years successively, — 
 G. L., c. 88, s. 13, pp. 214 and 215. 
 
 55. If any district shall refuse or neglect to build, repair, 
 remove, or fit up a school-house, or shall refuse or neglect to 
 build such school-house upon, or to remove it to, the lot desig- 
 nated as aforesaid, the selectmen, upon petition of three or 
 more voters of the district, after hearing the parties, may 
 assess upon the district and collect such sums of money as 
 may be necessary, and therewith cause such school-house to 
 be built, removed, repaired, or fitted up. — G. L., c. 88, s. 14, 
 p. 215. 
 
 56. The petition may be, — 
 
SCHOOL-DISTRICTS. 76 
 
 To the selectmen of 
 
 The undersigned, til ree and more legal voters of school-dis- 
 trict No , ill said town, respectfully represent, that said 
 
 district is and long has been destitute of any school-house, 
 and has refused and neglected to build a school-house there- 
 in. Wherefore they request you to assess a tax upon said 
 district, and collect such sum of money as shall be necessary, 
 and therewith cause a suitable school-house for said district 
 to be erected therein. 
 
 Dated at . . . . , the day of , , 188 . 
 
 [Signatures.] 
 
 57. The order may be, — 
 
 A hearing upon the foregoing petition is hereby appointed 
 at . . . . , in the town of . . . . , on the .... day of . . . . , 188 , 
 
 at . . . o'clock in the noon ; and it is ordered that the 
 
 petitioners give notice of said petition and hearing to said 
 district by posting an attested copy of this petition, and 
 order thereon, on the door of the school-house in said dis- 
 trict, fourteen days at least before said day of hearing, and 
 leaving a like copy at the abode of the clerk of said district a 
 like time before the said day of hearing. 
 
 Given under our hands, this .... day of , 188 . 
 
 ) Selectmen 
 
 ^ of 
 
 58. The attestation, return, and jurat may be, — 
 
 A true copy. 
 
 Attest : 
 
 I certify, that on the day of , 188 , 
 
 I gave to , within named [or, " I left at the abode 
 
 of , within named"], an attested copy of the within 
 
 petition and order thereon. 
 
 M , ss , 188 . Then appeared 
 
76 SCHOOL-DISTRICTS. 
 
 and made oath that the above certificate by him signed is 
 true. 
 
 Before me, 
 
 Justice of the Peace. 
 
 59. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 
 gave notice thereof as aforesaid, and on the day of 
 
 , 188 , at . . o'clock in the . . . .noon, at in the 
 
 town of . . . . , the time and place appointed [here insert the 
 names of those who appeared as parties], appeared as par- 
 ties; and, having lieard all parties interested who attended 
 and desired to be heard, and all evidence offered by them, 
 and examined them and their witnesses under oath, we find 
 that said district is and long lias been destitute of any school- 
 house, and has refused and neglected to build a school-house 
 therein, and that said petitioners are legal voters thereof, as 
 stated in said petition; and we therefore assess upon said 
 
 district, and order to be collected, the sum of dollars 
 
 and .... cents therewith to cause a school-house to be built. 
 
 Given under our hands, at . . . ., this .... day of , 
 
 188 . 
 
 Selectmen 
 of 
 
 60. The form of record may be, — 
 
 Received and recorded 188 , at ... o'clock in the 
 
 . . . .noon. 
 
 A true record. 
 
 Attest : 
 
 Tovm Clerk, 
 
 61. Where there is a neglect or refusal to fit up and re- 
 pair, the form of the petition may be, — 
 
 To the selectmen of the town of : 
 
 The undersigned, three and more legal voters of school-dis- 
 trict No , in said town, respectfully represent that the 
 
 school-house in said district is and for a long time has been 
 
SCHOOL-DISTRICTS. 77 
 
 out of repair, insufficient and unsuitable, and that said dis- 
 trict has refused and neglected to fit up and repair the same. 
 Wherefore they pray that you will assess upon said district, 
 and collect such sum of money as may be necessary therefor, 
 and therewith cause said school-house to be fitted up and re- 
 paired. 
 Dated at said . . . ., this .... day of . . . ., 188 . 
 [Signatures.] 
 
 62. The order, service, and return may be as under 57 
 and 58. 
 
 63. The final order may be as in 59, but following this pe- 
 tition. 
 
 64. Where tlie district has refused or neglected " to re- 
 move," the preceding form may be used, making the neces- 
 sary clianges in the petition and final order. 
 
 65. Where the district has neglected or refused to build a 
 house upon or to remove it to the lot " designated," the peti- 
 tion may be, — 
 
 To the selectmen of the town of . . . .: 
 
 The undersigned, three and more legal voters of school- 
 district No. . ., in said town, respectfully represent, that, on 
 the .... day of . . . ., 188 , a lot of land, situate in said dis- 
 trict, bounded and described as follows : [insert boundaries 
 and description] was legally designated for the location of a 
 school-house, but said district have refused and neglected to 
 build a school-house upon said lot [or, ''have refused and 
 neglected to remove their school-house to said lot"] ; where- 
 fore they request you to assess upon said district, and collect 
 such sum of money as may be necessary, and therewith 
 cause a school-house to be built upon said lot [or, " and there- 
 with cause the school-house of said district to be removed to 
 said lot"]. 
 
 Dated at said , this day of , 188 . 
 
 QQ, Order of notice, return, and jurat may be as in 57 and 
 
 58. 
 
 67. The final order may be, — 
 
78 SCHOOL-DISTRICTS. 
 
 Upon the foregoing petition, we appointed a hearing, and 
 
 gave notice thereof as aforesaid, and on the day of 
 
 « . . ., 188 , at . . o'clock in the . . . .noon, at , in the 
 
 town of , the time and place appointed [h^re insert 
 
 the names of those who appeared as parties], appeared as 
 parties ; and, having heard all parties interested who attend- 
 ed and desired to be heard, and all evidence offered by them, 
 and examined them and their witnesses under oath, we find 
 that the lot described in said petition was legally desig- 
 nated for the location of a school-house ; that said petition- 
 ers are legal voters of said district; and that said district has 
 refused and neglected to build a school-house upon said lot 
 [or, " has refused and neglected to remove said school-house 
 to said lot"]; and we therefore assess upon said district, and 
 order to be collected, the sum of ... . dollars and .... cents, 
 therewith to cause a school-house to be built upon said lot 
 [or, '' therewith to cause said school-house to be removed to 
 said lot"]. 
 
 Given under our hands, at . . . ., this .... day of , 
 
 188 . 
 
 ) Selectmen 
 
 ^ of 
 
 68. No district school shall be kept in any other place than 
 the school-house belonging to the district, unless there is no 
 school-house, or the school-iiouse is out of repair, or not of 
 sufficient size to accommodate the scholars ; in which case 
 the prudential committee, with the consent of the school 
 committee, may provide suitable rooms and conveniences for 
 the use of tlie scholars at the expense of the district. — G. L., 
 c. 88, 8. 15, p. 215. 
 
 69. The application and consent may be, — 
 
 To the school-committee of the town of : 
 
 The undersigned, prudential committee of school-district 
 No. . ., in said town, respectfully represents that there is no 
 school-house belonging to said district [or, ''that the school- 
 house belonging to said district is out of repair;" or, ''that 
 the school-house belonging to said district is not of sufficient 
 size to accommodate the scholars"], and he proposes, with 
 your consent, to provide suitable rooms and conveniences for 
 
SCHOOL-DISTRICTS. 79 
 
 the scholars at the expense of the district at [here name the 
 place], and requests your consent thereto. 
 
 Dated at said . . . . , this day of .... , 188 . 
 
 Prudential Committee, 
 Consent, in accord with said request, is hereby given, this 
 day of . ..., 188 . 
 
 i School-Committee 
 °'. 
 
 70. Any school district may grant the use of any school- 
 house in such district for a writing- or singing-school, and for 
 religious and other meetings ; provided^ such use shall not 
 conflict with any regular school exercise, and that the per- 
 sons so using any school-house shall be liable for all damages 
 to the same, and to all property therein. — G. L., c. 88, s. 19, 
 p. 215. 
 
 71. In the assessment of school-house taxes, every person 
 shall be taxed in the district in which he lives for his poll and 
 the personal estate which he has subject to taxation in town ; 
 and all real estate shall be taxed in the district in which it is. 
 — G. L., c. 88, s. 16, p. 215. 
 
 72. The selectmen may make a new invoice of all the prop- 
 erty in the district, when necessary for the just assessment 
 of the school-house taxes. — G. L., c. 88, s. 17, p. 215. 
 
 The selectmen are not bound to make a new invoice for the assessment of school- 
 house taxes when changes in the ownership of property within the district occurred 
 between the taking of the annual invoice, on the first day of April, and the making of 
 the assessment ; but they may assess the tax upon the April invoice.— Rogers v. Bo wen, 
 42 N. H. 102. 
 
 73. If such taxes are assessed after the first day of July in 
 any year upon the property of non-residents, the collector 
 shall ^end to the owners of said property, or their agents, if 
 known, a bill of their taxes within two months after the de- 
 livery of the list to him, and shall, at the expiration of four 
 months after the delivery of said list to him, advertise the 
 property on which the taxes have not been paid for sale in 
 the same manner, and such further proceedings may be had 
 in relation thereto, as if such tax had been assessed in April 
 preceding. — G. L., c. 88, s. 18, p. 215. 
 
80 
 
 SCHOOL-COMMITTEES AND TEACHERS. 
 
 CHAPTER V. 
 
 SCHOOL-COMMITTEES AND TEACHERS. 
 
 1. School-committee — when elected or 
 
 appointed ; may be either male or fe- 
 male. 
 
 2. Form of appointment. 
 
 3. Town may by by-law provide for the 
 
 choice of school-committee, their 
 number, term of office, title, and pow- 
 ers. 
 
 4. Committees shall examine persons pro- 
 
 posing to teach in town— when, in 
 what respects: shall give certificates 
 —when, and stating what. 
 
 5. Teachers of common-schools — examin- 
 
 ed in what branches. 
 
 6. Committee may prescribe additional 
 
 studies ; and teachers must be exam- 
 ined in those branches. 
 
 7. Form of certificate of good moral 
 
 character. 
 
 8. What may be evidence of such charac- 
 
 ter 
 
 9. Form of teacher's certificate. 
 
 10. Teacher, if school - committee, must 
 
 obtain certificate from such commit- 
 tee of adjoining town. 
 
 11. Until the proper certificate is produced 
 
 and delivered to the prudential com- 
 mittee, no person shall be either em- 
 ployed or paid for services as a teacher. 
 
 12. 'Teacher may be dismissed— when, how, 
 
 and by whom. 
 
 13. Form of petition for dismissal. 
 
 14. Form of order. 
 
 16. Form of attestation, return, and jurat. 
 
 16. Form of final order, attestation, and 
 
 filing. 
 
 17. Teacher may be dismissed without 
 
 hearing — when, and for what. 
 
 18. Form of order of dismissal. 
 
 19. Directions as to record and filing. 
 
 20. Immediate notice of dismissal to be 
 
 given to teacher and prudential com- 
 mittee. Teacher shall receive no pay 
 for services rendered after such no- 
 tice. 
 
 21. Form of notice to teacher. 
 
 22. Form of notice to prudential commit- 
 
 tee. 
 28. Directions as to service, return, and 
 
 record. 
 24. Form of certificate of service. 
 26. Form of jurat. 
 
 26. 
 
 31. 
 
 33. 
 
 43. 
 
 Committee may prescribe suitable 
 rules for the government of schools : 
 when binding on teachers and 
 scholars. 
 
 Form of regulations. 
 
 Form of certificate of record and filing. 
 
 Changes in text-books prohibited— 
 when, for what reasons, and for how 
 long. 
 
 Maps, blackboards, &c., may be pur- 
 chased for the use of schools: when, 
 by whom, and how paid for. 
 
 Text -books — how, by whom, and at 
 whose expense furnished. 
 
 Committee to furnish teachers regis- 
 ters. Teachers to make the proper 
 entries and to keep a record— when, 
 and containing what. 
 
 Teachers must return register or record 
 to school-committee at close of school. 
 Committee to give teacher certificate 
 thereof. Payment to teacher prohib- 
 ited until such certificate is produced 
 and delivered to the prudential com- 
 mittee. 
 
 Form of certificate. 
 
 School-committee or sub-committee to 
 visit each school personally— when, 
 and bow many times. 
 
 Committee may choose one of their 
 number to visit and superintend 
 schools and make report. 
 
 Towns by by-law, and cities by ordi- 
 nance, may provide for election or ap- 
 pointment of superintendent. Pow- 
 ers, duties, and compensation. Pay 
 of school and prudential committee. 
 
 Census of chilaren between five and 
 fifteen to be taken by selectmen or as- 
 sessors — when. Report to be made to 
 school-committee within fifteen days 
 after. 
 
 Form of report. 
 
 Committee to make annual report to 
 town. Report to contain what. 
 
 Form of statistical report ; tables. 
 
 School-committee to report to superin- 
 tendent of public instruction before 
 first Wednesday of April, and trans- 
 mit—what. 
 
 School-committee — when entitled to 
 pay, and what. * 
 
 1. Every town may elect annually, by ballot, a school-com- 
 mittee of so many persons as they think fit, who shall be adult 
 citizens of such town, and may be either male or female; and 
 whenever any town sliall neglect to choose such committee in 
 manner aforesaid, or otherwise according to law, tiie select- 
 men, before the twentietli day of April, shall appoint such 
 committee. — 6. L., c. 89, s. 1, p. 216, 
 
SCHOOL-COMMITTEES AND TEACHERS. 81 
 
 2. The form of appointment may be, — 
 To , of the town of .... : 
 
 Whereas, said town has failed to elect a school-committee 
 at its annual meeting, we, having confidence in your ability, 
 discretion, and fidelity, hereby appoint you school-committee 
 of said town for the current political year; and, upon your 
 taking the oath of office, and having tliis appointment and 
 the certificate of said oath duly recorded in the records of 
 said town, you shall have the powers, perform the duties, and 
 be subject to tlie liabilities of said office, until another per- 
 son shall be chosen or appointed and qualified in your stead. 
 
 Given under our hands, this .... day of . . . ., 188 . 
 
 i Selectmen 
 
 State of New Hampshire, . . . ., ss , 188 . 
 
 Then the above named appeared and took the 
 
 oath of office by law prescribed. 
 
 B^ore me, 
 
 Justice of the Peace. 
 
 Received and recorded , 188 , at . . o'clock in the 
 
 , . .noon. 
 A true record. 
 
 Attest : , Town-Olerh. 
 
 3. Any town may adopt a by-law providing for the choice 
 of a school-committee of such number, chosen in such man- 
 ner, for such terms, with such title, and sucli powers relating 
 to schools, as they may think proper ; and the committee so 
 chosen shall hold office and have power accordingly, and 
 shall perform all the duties imposed by law on school-com- 
 mittees.— G. L., s. 2, c. 89, p. 216. 
 
 4. The school-committee shall examine all persons propos- 
 ing to teach school in the town, who shall produce satisfac- 
 tory evidence of good moral character and of suitable temper 
 and disposition for teachers, in such branches as are usually 
 taught in the class of schools in which they propose to teach, 
 and as to their capacity for governing the same ; and if found 
 competent they shall give them certificates thereof, setting 
 forth the branches they are found capable of teaching. — G. 
 L., s. 3, c. 89, p. 216. 
 
82 SCHOOL-COMMITTEES AND TEACHERS. 
 
 6. Teachers of common-schools shall be examined in read- 
 ing, spelling, writing, English grammar, arithmetic, and the 
 elements of geography and history, and in other branches 
 usually taught in said schools. — G. L., s. 4, c. 89, p. 216. 
 
 6. The school-committee may prescribe for any school, 
 where in their judgment it shall be proper, the study of sur- 
 veying, geometry, algebra, book-keeping, philosophy, chemis- 
 try, natural history, and physiology, or any of them, and other 
 suitable studies ; and teachers proposing to teach in such 
 schools shall be examined in those branches in addition to 
 those required of other teachers. — G. L., s. 5, c. 89, p. 216. 
 
 7. The form of a certificate of good moral character, ifec, 
 may be, — 
 
 To whom it may concern : 
 
 This certifies that we are well acquainted with , 
 
 of this town, and that, in our belief and judgment, he is a 
 person of good moral character, and of suitable temper and 
 disposition for a teacher. 
 
 A....,N.H., ....,188 . 
 
 8. The committee are not hampered by technical rules. If 
 satisfactory to them, the evidence may be either oral or in 
 writing. 
 
 9. The form of a teacher's certificate may be, — 
 
 This certifies that has produced to me satisfac- 
 tory evidence of h good moral character; that he is of 
 suitable disposition and temper for a teacher; that he has 
 the requisite capacity for the government of schools ; and, 
 upon due examination, I find h well qualified to instruct in 
 reading, writing, spelling, Englisli grammar, arithmetic, and 
 the elements of geograpliy and history, and [liere specify the 
 other branches, if any, prescribed or required to be taught] . 
 
 In witness whereof I have hereunto set my hand, at . . . ., 
 N. H., this .... day of . ..., 188 . 
 
 School' Committee of , , , , 
 
 10. When a teacher of any school in any town shall be 
 the sole member of the superintending school-committee, said 
 
SCHOOL-COMMITTEES AND TEACHERS. 83 
 
 teacher shall obtain a certificate from the superintending 
 school-committee of an adjoining town before beginning 
 school.— Laws of 1879, c. 57, s. 42, pp. 372 and 373. 
 
 11. No person shall be employed or paid for services as a 
 teacher unless he shall produce and deliver to the prudential 
 committee a certificate of the school-committee of the town 
 in which the district where the school is to be kept is, or is 
 deemed to be, that he is well qualified to instruct youth in the 
 branches to be taught in such school. — G. L., c. 89, s. 6, p. 
 216. 
 
 Regularly, the teacher should first be examined and obtain the proper certificate, 
 then produce and deliver the same to the prudential committee, or oflEer it to him, and 
 then make the contract ; but in practice the contract is usually made first, and then the 
 examination, certificate, delivery or tender to the prudential committee follows; 
 whereupon the teacher, with the consent of the committee, tacit or otherwise, enters 
 upon the discharge of his duties. 
 
 If the teacher commences his school without such certificate and its delivery or ten- 
 der, upon the a'»plication of any person interested as a tax-payer in the district, the 
 court will restrain the district, and its committee or agent, by injunction, from paying 
 such teacher for services rendered before he obtained and delivered or tendered the 
 proper certificate.— Barr v. Deniston, 19 N. H. 170. 
 
 In Kidder v. Chellis, March Term, 1880, it was decided that a school taught by one 
 employed by the prudential committee to teach the public school, where the teacher 
 neglected to obtain the proper certificate, was, in law, a private school, and that the 
 teacher had full power and authority to control the scholars, and punish them in a. 
 reasonable and preper manner for disobeying his orders. 
 
 12. The school-committee, upon petition of a majority oC 
 the legal voters in any district for the dismission of a teacher,, 
 after giving to the parties twenty-four hours' notice and a« 
 hearing, may dismiss him, if in their judgment such dismis- 
 sion will best promote the interests of the district. G. L., c^ 
 89, 8. 7, p. 217. 
 
 13. The form of a petition may be, — 
 
 To the school-committee of the town of . . . .: 
 The undersigned, a majority of the legal voters ih school- - 
 district No. .. ,, in said town, respectfully represent that the 
 
 dismission of , who is a teacher in said district, will 
 
 best promote the interests of the district, and they, tlieref ore 
 request tliat he may be dismissed. 
 
 Dated at said , this .... day of .••..... , 188 .„ 
 
 [Signers.] 
 
 14. The form of the order may be, — 
 
 A hearing upon the foregoing petition is hereby appointed 
 
 MJiriVBRSITyJ 
 
84 SCHOOLrCOMMITTEES AND TEACHERS. 
 
 at the school-house in school-district No. . . , in said town of 
 
 , on the day of , 188 , at . . o'clock in the 
 
 noon ; and it is ordered that the petitioners give notice 
 
 of said petition and hearing to the said . . . ., by giving him, 
 or leaving at liis abode, an attested copy of said petition and 
 this order thereon at least twenty-four hours before the said 
 day of hearing. 
 
 Given under our hands, at , tliis day of . . . ., 
 
 188 . 
 
 ) School-Committee 
 
 \ of 
 
 15. Tlie copy may be attested by the first petitioner or 
 other person serving the same as follows : 
 
 A true copy. 
 
 Attest : 
 
 The return may be, — 
 
 I hereby certify, that on the .... day of . . . .,188 , 1 gave 
 
 to , within named [or, '' 1 left at the abode of , 
 
 within named "] an attested copy of the within petition and 
 order thereon. 
 
 M , ss , 188 . Then appeared , and 
 
 made oath that the above certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace. 
 
 16. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 gave notice thereof as aforesaid, and on the .... day of . . ., 
 
 188 , at . . o'clock in the noon, at the school-house in 
 
 school-district No . . . , in said town of , the time and 
 
 place appointed [here insert the names of those who appeared 
 as parties], appeared as parties; and, having heard all parties 
 who desired to be heard, and examined them and their wit- 
 nesses under oath, in our judgment the interests of said 
 
 school-district No will be promoted by the dismissal of 
 
 said ; and a majority of the legal voters of said 
 
 district having petitioned for liis dismissal as aforesaid, said 
 teacher is lierebv dismissed. 
 
SCHOOL-COMMITTEES AND TEACHERS. 85 
 
 Given under our hands, at said , this day of 
 
 ...,188 . 
 
 ) School-Committee 
 ^ of 
 
 i 
 
 The town-clerk must record the entire proceedings, and 
 should certify the record of each separate part as follows: 
 
 Received and recorded , 188 , at . . o'clock in the 
 
 . . . .noon. 
 
 A true record. 
 
 Attest : 
 
 Town- Clerk. 
 
 The filing upon the papers may be, — 
 
 Received and recorded , 188 . 
 
 By me. 
 
 Town Clerk, 
 
 17. The school-committee shall without a petition dismiss 
 any teacher who is found by them incapable or unfit to teach, 
 or whose services are found unprofitable to the school, or who 
 shall not conform to the regulations prescribed by them. — G. 
 L., c. 89, 8. 8, p. 217. 
 
 This section does not contemplate a petition or any formal notice. 
 
 / 
 
 18. The order of dismissal may be, — 
 
 Whereas, the services of , employed as a teacher 
 
 in school-district No. . . , in the town of , are found by 
 
 us to be unprofitable to the district [or, " is 
 
 found by us incapable or unfit to teach ; " or, " 
 
 d5es not conform to the regulations prescribed by us "], said 
 teacher is hereby dismissed. 
 
 Witness our hands, at said , this day of .... , 
 
 188 . 
 
 ) School-Committee 
 
 ' of 
 
 / 
 
 19. The record and filing should be the same as under the 
 preceding section. 
 
86 SCHOOL-COMMITTEES AND TEACHERS. 
 
 20. The school-committee, upon dismission of any teacher, 
 shall give immediate notice thereof to the teacher and pru- 
 dential committee ; and the teacher shall receive no pay for 
 his services after such notice. — G. L., c. 89, s. 9, p. 217. 
 
 21. The notice to the teacher may he, — 
 
 To , a teacher in school-district No. . . . , in the 
 
 town of . . . . : 
 
 You are hereby notified that you have this day been dis- 
 missed. 
 
 Witness our hands, at said , this day of . . . ., 
 
 188 . 
 
 ! School-Committee 
 
 22. The notice to the prudential committee may be, — 
 
 To the prudential committee of school-district No , in 
 
 the town of . . . . : 
 
 You are hereby notified that , heretofore em- 
 ployed as teacher in said district, has this day been dismissed. 
 
 Witness our hands, at said , this day of , 
 
 188 . 
 
 ) School-Committee 
 
 :::::::::;:;::::::::[ "'. 
 
 23. The original should be served ; and the copy and re- 
 turn may be recorded by the clerk of the district. 
 
 24. The certificate of service may be, — 
 
 I certify, that on the day of , 188 , I gave Wie 
 
 within named [or, " I left at the abode of the 
 
 within named "] the original notice of which the 
 
 within is a true copy. 
 
 25. M ,88., ,188 . 
 
 Then appeared , and made oath that the above 
 
 certificate signed by him is true. 
 
 Before me, 
 
 Justice of the Peace, 
 
SCHOOL-COMMITTEES AND TEACHERS. 8T 
 
 26. The school-committee may prescribe suitable rules and 
 regulations for the attendance upon, management, studies, 
 classification, and discipline of the schools whenever they 
 deem the same necessary ; and the same, being recorded by 
 the town-clerk, and a copy thereof given to the teachers and 
 read in the schools, shall be binding upon scholars and teach- 
 ers.— G. L., c. 89, s. 10, p. 217. 
 
 27. The form of school regulations may be, — 
 SCHOOL REGULATIONS IN THE TOWN OP 
 
 1. Scholars may be required to build the fires, keep the 
 rooms of a suitable temperature, sweep, and keep them clean. 
 
 2. Scholars shall be answerable for all misconduct during 
 school hours, in going to and returning from school, and for 
 all acts which have a direct and immediate tendency to in- 
 jure the school and subvert the authority of the teachers. 
 
 3. The advanced classes shall have written exercises in 
 spelling each day. 
 
 4. Essays, declamations, or recitations shall be required of 
 the most advanced classes as often as once in two weeks. 
 
 5. No scholar shall pursue more than three studies at the 
 same time, aside from reading and spelling. 
 
 6. No child under the age of four years shall attend any 
 school. 
 
 Witness our hands, at . . . ., this .... day of . . . ., 188 . 
 
 ) School-Committee 
 of 
 
 \. 
 
 28. Received and recorded, , 188 , at . . o'clock in 
 
 the . . . .noon. 
 
 A true record. Attest : 
 
 Town- Clerk. 
 The filing may be, — 
 
 Received and recorded, . . . . , 188 , by me, 
 
 Town- Clerk^ 
 
 29. Any text-book or series of text-books on one subject, 
 which, on the tenth day of July, eighteen hundred and sev- 
 
88 SCHOOL-COMMITTEES AND TEACHERS. 
 
 enty-eight, shall have been in established use in any school 
 for a less time than three years, and any whicli shall be there- 
 after introduced by the school-committee, shall continue in 
 use therein for the term of three years from its introduction, 
 and during that time no other text-book on tlie same subject 
 shall be used.— G. L., c. 89, s. 11, p. 217. 
 
 The school-committee may annually direct a change of not more than one of the 
 I text-books or series of text-books on one subject, which have been in use five years, in 
 \ each class of schools kept in town ; but no book shall be introduced calculated to favor 
 any particular religious or political sect or tenet. See G. S., c. 89, s. 12, p. 217. 
 
 30. The superintending school-committee and selectmen in 
 the several towns in the state are hereby authorized and em- 
 powered to purchase, for the use of their common-schools, so 
 many copies of the map of New Hampshire as they may 
 deem best, not exceeding one copy for each school, and the 
 maps so purchased shall be paid for out of any money appro- 
 priated for school purposes; and the same officers are also 
 empowered to expend, at their discretion, for the use of tlie 
 schools, one fifth part of the "literary fund," wliich may annu- 
 ally be assigned any city or town, in the purchase or repair 
 of blackboards, maps, charts, globes, dictionaries, or any ap- 
 paratus which in their judgment will advance the educational 
 interests of said schools ; and tliat any unexpended portion 
 of such fifth part, on hand the first day of March annually, 
 shall then be passed to the credit of tlie general school fund 
 of such city or town for the support of schools in same dur- 
 ing current year. — G. L.,c. 89, s. 13, p. 217 ; Laws of 1879, 
 c. 53, 8. 1, p. 365. 
 
 31. The parents, masters, or guardians of the scholars at- 
 tending school shall supply such scholars with the books re- 
 quired to be used in the schools; and upon neglect or refusal, 
 after notice, the same shall be furnished by the school-com- 
 mittee at the expense of the town ; and the cost of the same 
 shall be added to the next annual tax of such parent, master, 
 or guardian, if able to pay the same. — G. L., c. 89, s. 14, p. 
 217. 
 
 32. The school-committee shall furnish to every teacher 
 one of the blank registers required to be furnished by the 
 superintendent of public instruction; and each teacher shall 
 cause all proper entries to be made therein as required by 
 said superintendent. And in the absence of such register he 
 
SCHOOL-COMMITTEES AND TEACHERS. 89 
 
 shall keep a record of the names and ages of all the scholars 
 attending his school, the studies pursued by each, and the 
 number of half days each has attended his school. — G. L., 
 c. 89, s. 15, p. 217. 
 
 33. Every teacher, at the close of his school, and at the 
 end of each term thereof, shall make a return of such regis- 
 ter or record to the school-committee of the town, wlio shall 
 give to him a certificate thereof; and no teacher shall receive 
 payment for his services until such certificate is produced 
 and delivered to the prudential committee — G. L., c. 89, s. 
 16, p. 218. 
 
 34. The form of such certificate may be, — 
 
 To the prudential committee of school-district No. . . . , in 
 the town of .... : 
 
 This certifies that , a teacher in said district, has 
 
 returned to us a school register [or record] as required by 
 law. 
 
 Witness our hands, at said . . . . , this day of , 
 
 188 . 
 
 ) School-Committee 
 
 y of 
 
 u. 
 
 35. The school-committee shall visit and examine person- 
 ally, or by a sub-committee by them appointed, each school 
 kept in town, at least twice in each term, near the beginning 
 and toward the close thereof. — G. L., c. 89, s. 17, p. 218. 
 
 36. Such school-committee may elect one of their number 
 to visit and superintend the schools, who shall make report 
 to the committee of his doings, and of the state of the 
 schools, before the first day of March annually. — G. L., c. 89, 
 
 s. 18, p. 218. 
 
 37. Any town, by a by-law, and any city, by an ordinance, 
 may provide for the election or appointment, in such manner 
 as they think fit, of a superintendent of schools, who shall 
 hold his office for sucli term, be vested with such of the pow- 
 ers and charged with such of the duties of the school-com- 
 mittee and of the prudential committee, and be entitled to 
 such compensation, as may be therein provided; and when- 
 
90 SCHOOL-COMMITTEES AND TEACHERS. 
 
 ever the superintendent of schools shall perforin all the du- 
 ties of the scliool-conimittee and the prudential committee, 
 then such committees shall receive no compensation. — G. L., 
 c. 89, s. 19, p. 218. 
 
 38. The selectmen of each town, and the assessors of each 
 city, shall annually in the month of April make an enumera- 
 tion of the children of each sex between the ages of five and 
 fifteen in their respective towns and cities, and shall make a 
 report of such enumeration to the superintending school- 
 committee of their respective towns and cities with [in] fif- 
 teen days after the completion of each [such] enumeration. — 
 G. L., c. 89, s. 20, p. 218. 
 
 39. The form of the report may be, — 
 
 To , school committee of .... : 
 
 The undersigned herewith submit to you, within fifteen 
 days after the completion of sucli enumeration, as required 
 by.Haw, the following report of tlie enumeration of the chil- 
 dren of each sex, between tlie ages of five and fifteen in said 
 town, made by us in April, 188 . 
 
 Given under our hands, this .... day of , 188 . 
 
 ) Selectmen 
 
 y of 
 
 NAMES. 
 
 Males. 
 
 Females. 
 
 Age. 
 
 40. The school-committee shall make to the town, at its 
 annual meeting, a report stating the number of weeks tlie 
 public schools have been kept in each district, in summer 
 and winter, and what portion by male and what by female 
 teachers; the whole number of scliolars that have attended 
 each school, and the number attending to each study ; and 
 the whole number of scholars of the town, not less than five 
 years of age, who have attended the district schools in the 
 town not less than two weeks during the year ; the number 
 
 * Alphabetically arranged. 
 
SCHOOL-COMMITTEES AND TEACHERS. 
 
 91 
 
 of children of each sex reported by the selectmen or asses- 
 sors, and the number of children of each sex between the 
 ages of five and fifteen that have not attended school ; and 
 the number of persons in each district between the ages of 
 fourteen and twenty-one years who cannot read and write, 
 with such suggestions relative to the schools as they may 
 think useful. 
 
 41. The form of the statistical report may be, — 
 
 Number of District. 
 
 Prudential Committee. 
 
 Teacher— Summer Term. 
 
 Teacher— Winter Term. 
 
 Money raised by law. 
 
 Literary and Railroad Fund. 
 
 Dog Money. 
 
 Whole amount for each District. 
 
 Summer Term. Wages per month, in- 
 Winter Term. eluding board. 
 Summer Term. Length of School, in 
 Winter Term. weeks. 
 
 Summer Term. 
 Winter Term. 
 
 Number of Scholars. 
 
 Summer Term. 
 
 
 Winter Term. 
 
 Average attendance. 
 
 Number of scholars of the town not less than 6 
 years of age who have attended not less than 2 
 weeks during year. 
 
 Male. 
 
 Number of children in 
 town, reported by se- 
 lectmen or assessors. 
 
 Female. 
 
 Male. 
 
 Number of children be- 
 tween ages of 5 and 15 
 
 Female. 
 
 who have not attend- 
 ed school. 
 
 Number of persons between 14 and 21 who can- 
 not read or write. 
 
 Summer Term. 
 Winter Term. 
 
 Number of visits by cit- 
 izens. 
 
 Summer Term. j Number of visits by 
 Winter Term. | prudential committee. 
 
 Summer Term. Number of visits by 
 Winter Term. School Committee. 
 
 Summer Term. 
 
 Winter Term. 
 
 Number terms taught 
 previous to— 
 
 td 
 o 
 
92 SCHOOLrCOMMITTEES AND TEACHERS. 
 
 TABLE No. 2. 
 
 
 1 
 1 
 
 1 
 
 1 
 
 1 
 
 d 
 
 d 
 
 1 
 ■s 
 1 
 
 •c 
 
 d 
 
 i 
 
 s 
 
 i 
 
 f 
 
 
 
 d 
 
 i 
 
 1 
 
 i 
 
 d 
 
 
 i 
 
 t 
 
 S 
 
 d 
 
 1 
 
 "S 
 
 d 
 
 g 
 
 1 
 
 a 
 
 
 
 d 
 
 1 
 
 
 % 
 
 1 
 
 1 
 
 
 
 a 
 
 ■1 
 
 1 
 
 .a 
 ft 
 
 1 
 
 a 
 
 d 
 
 1 
 1 
 
 5 
 
 a 
 
 s 
 
 1 
 
 1 
 
 s 
 
 d 
 
 u 
 
 s 
 
 a 
 
 d 
 
 g 
 
 1 
 
 a 
 
 1 
 
 a 
 
 d 
 cc 
 
 a 
 
 I 
 
 d 
 
 \ 
 
 a 
 
 d 
 
 a 
 
 I 
 
 u 
 
 d 
 
 1 
 
 00 
 
 1 
 
 d 
 
 g 
 
 a 
 
 d 
 
 CO 
 
 I 
 
 i 
 
 a 
 a 
 
 cc 
 
 1 
 
 Total, 
 
 
 
 
 — 
 
 
 
 
 
 — 
 
 
 
 — 
 
 
 
 
 — 
 
 
 — 
 
 — 
 
 
 42. The school-committee of each town shall, before the 
 first Wednesday of April, annually transmit to the superin- 
 tendent of public instruction a copy of the report by them 
 presented to the town at its annual meeting, and answers, 
 according to forms provided, to all such questions as may be 
 proposed by said superintendent of public instruction relat- 
 ing to the appropriations of school-money received, the stud- 
 ies pursued in the schools, the methods of instruction and 
 discipline adopted, the condition of school-houses, and any 
 other subject relating to schools. — G. L., c. 92, s. 3, p. 224. 
 
 43. The school-committee, upon satisfying the selectmen 
 that they have attended to the duties and made the reports 
 by law required, shall be entitled to receive such reasonable 
 compensation as the town may determine. — G. L., c. 89, s. 
 
 22, p. 218. 
 
HIGH SCHOOLS. 
 
 93 
 
 CHAPTER VL 
 
 HIGH SCHOOLS. 
 
 12. 
 
 13. 
 
 High school districts— how established ; 
 powers of; subject to same rules as 
 other school-districts. 
 
 Town may be created high school dis- 
 trict by major vote in town-meeting. 
 District may be created higli school 
 district by two-thirds vote of town — 
 when. District may be constituted 
 high school district by two-thirds 
 vote— wheu; may be discontinued- 
 how. 
 
 Form of article to constitute a town 
 a school-district ; form of vote. 
 
 Form of article to constitute school- 
 district a high school district at town- 
 meeting ; form of vote. 
 
 Form of article to constitute district 
 high school district at district meet- 
 ing; form of vote. 
 
 Two or more school districts may be- 
 come high school district— how. They 
 shall still retain their separate organ- 
 ization for the support of common- 
 schools. 
 
 Form of articles for such union ; form 
 of votes for such union. 
 
 Directions for procedure. 
 
 Town or district may appropriate part 
 of school-money for support of high 
 school— how, and to whom paid. 
 
 Town or district may raise more— how. 
 
 High school committee may be elected 
 by town or district in same manner as 
 school-committee. 
 
 Prudential committee may be chosen, 
 or district may by vote or by by-law 
 charge the high school committee, or 
 any other officer or agent, with his 
 duties. 
 
 School-committee of town shall be 
 high school committee of district, if 
 the district fail to choose or none is 
 
 14. Where no prudential committee is 
 chosen, or where there is a vacancy 
 in that office, the selectmen shall fill 
 the vacancy. 
 
 15. The powers and duties of the high 
 
 school committee. 
 
 16. Any town or school -district may, in 
 
 writing, contract with academy, &c., 
 — when, how, and by whom. Contract 
 must be approved by school-commit- 
 tee. 
 
 17. Where town is high school district, the 
 
 school-committee cannot determine 
 location of high school house. 
 IS. High school district may purchase lot; 
 selectmen may lay out lot, when own- 
 er and agent of district cannot agree 
 — when and how. 
 
 19. Form of petition. 
 
 20. Form of order, &c. 
 
 21. Form of final order where lot is laid 
 
 out. 
 
 22. Form of final order where decision is 
 
 adverse. 
 
 23. County commissioners may determine 
 
 location upon petition of twenty or 
 more aggrieved voters. 
 
 24. Form of petition to county commis- 
 
 sioners. 
 
 25. Form of order, &c. 
 
 26. Form of final order where location ia 
 
 changed. 
 
 27. Form of final order where decision is 
 
 adverse. 
 
 28. County commissioners may determine 
 
 location, upon petition of twenty or 
 more voters, when district do not 
 agree upon location or upon a com- 
 mittee to locate. 
 
 29. Form of petition. 
 
 30. Directions as to the form of the order 
 
 of notice, attestation, return, and ju- 
 rat. 
 
 31. Form of final order. 
 
 32. Eiule as to preexisting statutes. 
 
 1. Districts for the support of high schools may be estab- 
 lished in any town, which shall have the same powers and be 
 subject to the same rules as other school-districts, except so 
 far as they may be changed by this chapter. — G. L., c. 90, s. 
 1, p. 219. 
 
 2. Any town, by a major vote in town-meeting, and any 
 school-district having not less than one hundred children be- 
 
94 HIGH SCHOOLS. 
 
 tween six and sixteen years of age therein, by vote of two 
 thirds ot* the legal voters of the town or district at a legal 
 meeting, may determine to establish a high school, and shall 
 thereby be constituted a high scliool district ; and by a like 
 vote such district may he discontinued. — G. L., c. 90, s. 2, p. 
 219. 
 
 3. The article in the warrant for town-meeting, under the 
 first clause of sec. 2, may be, — 
 
 To see if the town by a major vote, will constitute said 
 town a high school district, and establish a high school 
 therein. 
 
 The form of the vote may be, — 
 
 Votedy by major vote, one hundred having voted in the 
 affirmative and five in the negative, to constitute said town 
 a high school district, and to establish a high school therein, 
 to be known as the A. . . . liigh school. 
 
 4. The article in the warrant for town-meeting, under the 
 second clause of sec. 2, may be, — 
 
 To see if the town, by vote of two thirds of the legal voters 
 at said meeting, will constitute school-district No. . . , having 
 not less than one hundred children between the ages of six 
 and sixteen, a high school district, to be known as the .... 
 high school district in said town, and establish a high school 
 therein. 
 
 The vote may be, — 
 
 Voted to constitute said school-district No. . . , in said town, 
 
 a high school district, to be known as the high school 
 
 district, and establish a high school therein, one hundred and 
 fifty having voted in the affirmative and fifty in the negative, 
 two thirds of the legal voters of said town at said meeting 
 having voted in the affirmative. 
 
 5. The article in the warrant for a school-district meeting 
 may be, — 
 
 To see if school-district No. . . . , in said town, having not 
 less than one hundred children between the ages of six and 
 sixteen, will, by a vote of two thirds of the legal voters at 
 said meeting, constitute said district a high school district, to 
 
HIGH SCHOOLS. 95 
 
 be known as the' high school district in said town, and 
 
 establish a high school therein. 
 
 The vote niay be, — 
 
 Voted to constitute said district No a high school dis- 
 trict, to be known as the liigh school district in said 
 
 town, and to establisli a high school therein, thirty having 
 voted in the affirmative and twelve in the negative, two thirds 
 of tlie legal voters of said district at said meeting having 
 voted in the affirmative. 
 
 6. Two or more scliool-districts in the same or different 
 towns, by concurring votes of two thirds of the voters pres- 
 ent at a legal meeting of each district, may unite in the sup- 
 port of a higli school, and shall be a high school district. 
 They shall, nevertheless, each retain tlieir separate organiza- 
 tion for the support of the common-schools tiierein. — G. L., 
 c. 90, s. 3, p. 219. 
 
 7. The articles in the warrants of tlie respective districts 
 may be, — 
 
 To see if the district, by a vote of two thirds of the legal 
 voters at said meeting, will unite with school-district No. . . 
 [in said town] in the support of a high school, and to con- 
 stitute said district a high school district. 
 
 The votes may be, — 
 
 1. Voted, that this district unite with school-district No. . . 
 [in said town] in the support of a high school, and with said 
 district constitute the first union high school district in said 
 . . . ., thirty voting in the affirmative and ten in the negative, 
 two thirds of the legal voters in said meeting having voted in 
 the affirmative. 
 
 2. Votedy that the clerk certify the proceedings of this 
 meeting to said school-district No. . . 
 
 8. It may sometimes be found expedient to arrange the 
 terms of union through committees chosen by tlie respective 
 districts, wliose joint report may be adopted at an adjourned 
 or other meeting thereof. When such report, under a proper 
 article, is adopted, it becomes the act of the respective dis- 
 tricts. When the districts are in different towns, the articles, 
 reports of the joint committees, if there be any, and votes, 
 
96 HIGH SCHOOLS. 
 
 should conform to the facts. When or where districts have 
 thus been united, the selectmen, upon petition in writing 
 therefor, should appoint a prudential committee and clerk 
 for such high school district. If the districts united are in 
 different towns, the appointment should be made by the se- 
 lectmen of the town to which the union district is " deemed 
 to belong." 
 
 9. Such town or district may, by vote or by-law, appropri- 
 ate such part of the school-money to which they are entitled 
 as they think fit for the support of the high school, and the 
 same shall be paid to the prudential committee of such high 
 school district, or to the officer or agent of the town or dis- 
 trict who is charged with his duties. — G. L., c. 90, s. 4, p. 
 219. 
 
 10. Such town or district may, by vote or by-law, raise such 
 sum, in addition to the school- tax required by law for the 
 support of such high school, as they shall think proper, which 
 shall be assessed and collected as ether school-taxes, and 
 paid over to the prudential committee or officer charged with 
 his duties.— G. L., c. 90, s. 5, p. 219. 
 
 11. A high school committee may be elected by such town 
 or district in the same manner as school committees may be 
 
 chosen.— G. L., c. 90, s. 6, p. 219. 
 
 • 
 
 12. A prudential committee of such district may be chosen, 
 or the higli school committee, or any other officer or agent of 
 such town or district, may, by vote or by-law, be charged 
 witli the duties of such prudential committee. — G. L., c. 90, 
 s. 7, p. 219. 
 
 13. If no high school committee is chosen or appointed, the 
 school-committee of the town shall be ex officio the high school 
 committee of such district. — G. L., c. 90, s. 8, p. 219. 
 
 14. If no prudential committee is chosen, and no person is 
 charged witli his duties, or if from any cause there is a va- 
 cancy in said office, tiie selectmen shall fill such vacancy as 
 provided in the case of common-school districts. — G. L., c. 
 90, s. 9, pp. 219 and 220. 
 
 15. The high school committee shall have the entire charge 
 
HIGH SCHOOLS. 97 
 
 thereof, shall prescribe and ascertain the qualifications of the 
 teachers, prescribe the course of studies, the books to be 
 used, and the qualifications required for admission, and gen- 
 erally shall liave the same powers and perform the same du- 
 ties in regard to sucli high schools as school committees in 
 relation to common-schools. — G. L., c. 90, s. 10, p. 220. 
 
 16. Any town or school-district in this state is hereby au- 
 thorized and empowered to conclude such business arrange- 
 ment, through its special committee, with the* trustees of any 
 academy, seminary, or other literary institution situated with- 
 in the limits of the town, as said district or town at a legal 
 meeting may approve by a two-thirds vote of the voters pres- 
 ent and voting ; and the school-money of said town or dis- 
 trict may be used to carry out such contract. In case one of 
 the contracting i)arties shall be a school-district or union 
 school-district, then the consent in writing of the school-com- 
 mittee of the town shall be required before such agreement 
 shall be in force.— G. L., c. 90, s. 15, p. 220. 
 
 17. The school-committee of any town duly constituted a 
 high school district shall not have jurisdiction to determine 
 the location of a high school house in such district. — G. L., 
 c. 90, s. 14, p. 220. 
 
 18. Any high school district may purchase a suitable lot 
 for their school-house ; and in case the location of a school- 
 house has been fixed according to law, and the agents of the 
 district cannot agree with the owner for the purchase of the 
 same, the selectmen may lay out such lot, not exceeding half 
 an acre, as in other cases. — G. L., c. 90, s. 11, p. 220. 
 
 Under proper articles therefor, the district may locate, by vote, or by adopting the 
 report or acts of a committee chosen or agents selected for that purpose, and may pur- 
 chase directly or through its agents. 
 
 19. The form of the petition may be, — 
 To the selectmen of the town of . . . .: 
 
 High school district No. .. ., in said towh, represents that 
 a lot of land not exceeding half an acre, and bounded and 
 described as follows : [here insert boundaries and descrip- 
 tion] and owned by , of said town, has been legally 
 
 designated for a school-house lot ''by said district, by a vote 
 at a meeting duly called or held for that purpose " [or, "- by 
 7 
 
98 HIGH SCHOOLS. 
 
 a committee duly appointed by said district for that pur- 
 pose"], and the agents of said high school district cannot 
 agree with said owner for the purchase of the same. Where- 
 fore said liigh school district requests you to lay out said high 
 school house lot, and appraise the damages to the owner. 
 
 Dated at said , this .... day of , 188 .. 
 
 School District No. . . , in .... 
 By its agents, 
 
 A B. 
 C D. 
 E P. 
 
 20. The form of tlie order, &c., may be, — 
 
 A hearing upon said petition is hereby appointed at . . . ., 
 in the town of . . . , on the . . day of ... . next, at . . o'clock 
 
 in the noon ; and it is ordered that the petitioner give 
 
 notice of said petition and liearing to the said , by 
 
 giving to him, or leaving at his abode, an attested copy of 
 said petition, and this order thereon, fourteen days at least 
 before the said day of hearing. 
 
 Given under our hands, this .... day of . . . ., 188 . 
 
 ) Selectmen 
 
 \ of 
 
 The copy may be attested by the person serving it, as fol- 
 lows : 
 
 A true copy. 
 
 Attest : 
 
 I certify, that on the day of , 188 , 
 
 I gave to , within named [or, '' I left at the abode 
 
 of , within named"], an attested copy of tlie within 
 
 petition and order thereon. 
 
 M ,88 , 188 . 
 
 Then appeared , and made oath that the above 
 
 certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace, 
 
HIGH SCHOOLS. 99 
 
 21. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 
 gave notice thereof as aforesaid, and on the day of 
 
 , 188 , at . . o'clock in tlie . . . .noon, at in the 
 
 town of . . . ., the time and place appointed [here insert the 
 names of those who appeared as parties], appeared as par- 
 ties; and, having heard all parties interested who attended 
 and desired to be heard, and all evidence 'offered by them, 
 and examined them and their witnesses under oath, we find 
 that the lot of land described in said petition has been legal- 
 ly designated for a high school liouse lot, as stated in said 
 petition, and that the agents of said high school district can- 
 not agree with , the owner of said land, for the 
 
 purchase of the same ; and we therefore lay out said high 
 school house lot, bounded and described as follows : [here 
 insert the boundaries, &c.] for a high school house lot, and 
 
 appraise the damages to the said owner at the sum of 
 
 dollars. 
 
 Given under our hands, at . . . . , this .... day of , 
 
 188 . 
 
 Selectmen 
 of 
 
 Received and recorded , 188 , at . . o'clock in the 
 
 .... noon. 
 A true record. 
 
 Attest:, 
 
 Town-Olerk. 
 
 22. If the decision is adverse, the report, after the word 
 ''oath" may be, — "We find that said lot of land has not 
 been legally designated as set forth in said petition, and 
 therefore deny its prayer." 
 
 23. In towns constituted high school districts, in accord- 
 ance with the provisions of law, if any twenty or more voters 
 in any such district are aggrieved by the location of any high 
 school house, by the district or its committee, they may ap- 
 ply by petition to the county commissioners of the county, 
 who shall hear and determine the location thereof. — G. L., 
 c. 90, s. 12, p. 220. 
 
 24. The petition may be, — 
 
100 HIGH SCHOOLS. 
 
 To the county commissioners for the county of . . . .: 
 
 The undersigned, twenty [and more] legal voters in high 
 
 school district No. . . . , in the town of , in said county, 
 
 respectfully represent that a lot of land in said . . . ., bounded 
 and described as follows : [here insert boundaries and de- 
 scription] has been determined upon and selected by said 
 district [or, by a committee of said district] for the location 
 of a liigh school house lot therefor, and that they are ag- 
 grieved by such location. They therefore request you to 
 dertermine the location of a lot for said high school house. 
 
 Dated at said . . . ., this .... day of . . . ., 188 . 
 [Signatures.] 
 
 25. The order, <fec., on said petition, may be, — 
 
 A hearing upon the said petition is hereby appointed at 
 
 , in the town of . . . . , on the day of next. 
 
 at . . . o'clock in the noon; and it is ordered that the 
 
 petitioners give notice of said petition and hearing to the 
 said district by posting an attested copy of said petition, and 
 this order thereon, on the door of the school-house of said 
 district, fourteen days at least before said day of hearing, and 
 leaving a like copy at the abode of the clerk a like time be- 
 fore said day of liearing. 
 
 Given under our hands, this .... day of , 188 . 
 
 ! County Commissioners 
 for the 
 County of 
 
 The copy may be attested by the person serving it, as — 
 
 A true copy. 
 
 Attest : 
 
 I certify, that on the day of . . . . , 188 , I posted an 
 
 attested copy of said petition and order on the door of the 
 school-house in the school-district within mentioned, and on 
 
 the same day I left a like copy at the abode of , 
 
 the clerk of said district. 
 
HIGH SCHOOLS. 101 
 
 M , ss. ...., 188 . 
 
 Then appeared , and made oath that the above 
 
 certificate by him signed is true. 
 
 Before me, 
 
 Justice of the Peace, 
 
 26. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 gave notice thereof as aforesaid, and on the .... day of ... , 
 188 , at . . o'clock in the . . . .noon, at . . . ., inihe town of 
 
 , the time and place appointed [here insert the names 
 
 of those who appeared as parties] , appeared as parties ; and, 
 having heard all parties interested wiio attended and desired 
 to be heard, and all evidence offered by them, and examined 
 them and their witnesses under oath, we find that the lot of 
 land described in said petition has been determined upon and 
 selected by said district [or, by a committee of said district] 
 for the location of such school-house ; that said petitioners, 
 being twenty and more legal voters in said district, are ag- 
 grieved by such location, and we therefore determine that 
 the location of said school-house shall be upon a lot of land 
 bounded and described as follows : [insert boundaries and 
 description] 
 
 Given under our hands, at . . . ., this .... day of , 
 
 188 . 
 
 i County Commissioners 
 for the 
 County of 
 
 Received and recorded , 188 , at . . . o'clock in the 
 
 . . . .noon. 
 
 A true record. Attest : 
 
 Town Clerk, 
 
 27. If the decision is adverse, the report, after the word 
 " oath " may be, — " We find that said petitioners are not ag- 
 grieved by such location, and we therefore make no change. '* 
 
 28. If, at a meeting duly holden for the purpose, any such 
 high school district do not agree upon a location for a high 
 school house therein, or upon a committee to locate the same, 
 
102 HIGH SCHOOLS. 
 
 tlie county commissioners, upon petition of twenty or more 
 voters, shall determine the location. — G. L., c. 90, s. 13, p. 220. 
 
 29. The petition may be, — 
 
 To the county commissioners for the county of .... : 
 
 The undersigned, twenty [and more] legal voters in high 
 
 school district No. . . , in the town of , in said county, 
 
 respectfully represent, that, at a meeting of said district, 
 duly called and held therefor on the .... day of . . . ., 188 , 
 said district failed to agree upon a location for a high school 
 liouse therein, or upon a committee to locate the same. They 
 therefore request you to determine the location of a lot for 
 said high school house. 
 
 Dated at . . . . , this .... day of .... , 188 . 
 [Signatures.] 
 
 30. The"^ order of notice, attestation, return, and jurat 
 should be the same as in section 25 ante, 
 
 31. The final order may be, — 
 
 Upon the foregoing petition, we appointed a hearing, and 
 gave notice thereof as aforesaid, and on the .... day of . . . , 
 
 188 , at .. . o'clock in the noon, at , in the town 
 
 of . . . ., the time and place appointed, [here insert 
 
 the names of those wlio appeared as parties], appeared as 
 parties ; and, having heard all parties interested who attend- 
 ed and desired to be heard, and all evidence offered by them, 
 and examined them and their witnesses under oath, we find 
 that, at a meeting of said district duly called and lield there- 
 for, the said district failed to agree upon a location for a 
 high school house therein, or upon a committee to locate the 
 same, as stated in said petition, said petitioners being twenty 
 and more legal voters in said district ; and we therefore de- 
 termine that said location shall be upon a lot of land bound- 
 ed and described as follows: [here insert boundaries and 
 description] 
 
 Given under our hands, at . . . , this . . . day of . . . . , 188 . 
 
 ! County Commissioners 
 for the 
 County of 
 
SCHOLARS. 
 
 103 
 
 Received and recorded 188 , at 
 
 . . .noon. 
 A true record. Attest : .... 
 
 o'clock in the 
 
 , Town- Clerk. 
 
 32. All statutes heretofore passed applying to particular 
 places or districts, relating to schools or tlie comnaittees or 
 officers thereof, now in force, shall remain in force until re- 
 pealed, altered, or suspended. — G. L., c. 90, s. 16, p. 220. 
 
 CHAPTER VII 
 
 SCHOLARS. 
 
 What persons have the right to attend 
 school in any district, or send schol- 
 ars thereto ; when consent of district 
 or prudential committee necessary. 
 
 District may determine terms for ad- 
 mission of scholars outside its limits. 
 If district neglect so to determine, 
 prudential committee may. 
 
 A person must have a bona fide resi- 
 dence in a district to be a scholar. 
 
 Minors at county farm and Orphans' 
 Home— when scholars. 
 
 No child to attend school until he has 
 been vaccinated or has had the small- 
 pox. Duty of committee in relation 
 thereto. 
 
 Infected persons— when removed to 
 pest-house. Such persons, when un- 
 der municipal control, may perhaps 
 be in a temporary condition of pau- 
 perism. 
 
 Scholars : by whom and for what dis- 
 missed from the school ; not to attend 
 till restored by committee. 
 
 Correction of children ; school hours. 
 Power of master : its extent over schol- 
 ars when out of school. 
 
 Scholars must attend school where as- 
 signed. 
 
 Penalty if scholar attends, visits, in- 
 terrupts, or disturbs a school where he 
 has no right, after notice. 
 
 By-laws in relation to truants— who 
 may make, and what penalties may 
 be aflfixed. 
 
 Truant officers: by whom appointed, 
 and powers of. 
 
 Offenders against such by-laws may be 
 sent to reform school— when, and for 
 what term. 
 
 14. Bj whom committed to reform school 
 
 in default of payment of fine ; may be 
 discharged therefrom — when, and by 
 whom. 
 
 15. Offender may give bond — when, and in 
 
 what amount; fine — when, and upon 
 what conditions remitted. 
 
 16. Corporations not to employ children 
 
 under ten years of age. Penalty for 
 so doing ; to whom paid. To be pros- 
 ecuted within one year. 
 
 17. Children under fifteen not to be em- 
 
 ployed by manufacturing establish- 
 ments—when. 
 
 18. Children under twelve not to be em- 
 
 ployed—when, where, and by whom. 
 
 19. Penalty for employing such children 
 
 without certificate as to age; whom 
 liable to, and when. 
 
 20. Duties of parents, guardians, and oth- 
 
 ers in relation to sending children to 
 school. 
 
 21. Notices of such duty : to whom and by 
 
 whom furnished, and by whom and 
 where posted. Expense to be paid by 
 the town. 
 
 22. Penalty for neglect on the part of par- 
 
 ents, etc., to send children to school; 
 how recovered, and to whom paid. 
 
 23. Penalty for interrupting or disturbing 
 
 school. 
 
 24. School-committees and boards of edu- 
 
 cation must sue for penalties — when. 
 Penalty if they neglect to sue after 
 notice. Disposition of penalty. Ex- 
 penses of prosecution must be paid 
 by the town. 
 
 25. Annual census of children— when and 
 
 by whom made, and when and to 
 whom returned. 
 
 1. No person shall have a right to attend school, or to send 
 any scholar to the school, in any district of which he is not 
 
104 SCHOLARS. 
 
 an inhabitant, without the consent of the district or of the 
 prudential committee. — G. L., c. 91, s. 1, p. 221. 
 
 2. Each district may determine upon wliat terms scholars 
 from other districts or towns may be admitted into their 
 schools. If the district neglect to make such determination, 
 the prudential committee mav do it. — G. L., c. 86, s. 19, p. 
 
 208. 
 
 3. It is not enough that the scholars in fact are in the dis- 
 trict at the time. Their residence there must be lona fide, 
 and not merely colorable, collusive, or fraudulent. — School- 
 District V. Bragdon, 23 N. H. 516. 
 
 4. But minor children, who had no residence or domicile 
 in the district except by being supported at the county farm 
 therein as paupers, have the right to attend the public school 
 therein ; and so have children at the Orphans' Home. 
 
 Their residence there for the purpose of schooling is not the residence declared es- 
 sential for taxation, or for the exercise of the right of suffrage.— School-District v. Pol- 
 lard, 55 N. H. 504. 
 
 5. No child, unless he has been duly vaccinated or has had 
 the small-pox, is entitled to attend any public school ; and 
 the prudential committees of the several districts, and those 
 who exercise tlie powers of sucli committees, sliall not allow 
 any such child to be admitted to or connected with any such 
 school.— G. L., c. 91, 8. 2, p. 221. 
 
 6. If deemed essential to prevent tlie spread of the disease, 
 infected persons may be removed to tlie pest-house ; and 
 while thus secluded from their friends, and under municipal 
 control, they may perhaps be in a temporary condition of 
 pauperism. — Mclntire v. Pembroke, 53 N. H. 467. 
 
 7. Any scholar may be dismissed from school by the 
 school-committee for gross misconduct, or for neglect or re- 
 fusal to conform to the reasonable rules of the school, and 
 shall have no right to attend the school till restored by the 
 school-committee. — G. L., c. 91, s. 3, p. 221. 
 
 8. The supreme court of Vermont (32 Vt. 114-122) said, 
 — "It is conceded that his [the teacher's] right to punish ex- 
 tends to school hours ; and there seems to be no reasonable 
 doubt that the supervision and control of the master over the 
 scholar extends from the time he leaves home to go to school 
 
SCHOLAES. 105 
 
 till he returns home from school. Acts done to deface or 
 injure the school-room, to destroy the books of scholars, or 
 the books or apparatus for instruction, or the instruments of 
 punishment of tlie master ; language used to other scholars, 
 to stir up disorder and insurbordination, to heap odium and 
 disgrace upon the master; writings and pictures placed so as 
 to suggest evil and corrupt language, images, and thoughts 
 to the youth who must frequent tlie school, — all such or sim- 
 ilar acts tend directly to impair the usefulness of the school, 
 the welfare of the sciiolars, and the welfare of the master, and 
 if committed after the dismissal of the school for the day, and 
 tlie return of the pupil to his home, yet he may, on the pupil's 
 return to school, punish him for any misbeliavior, though 
 committed out of school, which has a direct and immediate 
 tendency to injure the school and subvert the master's au- 
 thority." 
 
 The power of expulsion vested in the school-committee does not take from the mas- 
 ter the right to use force, if necessary, to maintain his authority, and he may call on 
 others to assist him. 
 
 9. No scholar, who shall have been assigned to a particu- 
 lar school by vote of the district, or by the committee author- 
 ized by the district to assign the scholars to particular schools, 
 shall have the right to attend any other school in the district 
 until assigned thereto. — G. L., c. 91, s. 4, p. 221. 
 
 See G. L., c. 86, sees. 20 and 21, p. 208. 
 
 10. If any scholar, after notice, shall attend or visit a 
 school which he has no right to attend, or shall interrupt or 
 disturb the same, he shall be fined for the first offence five 
 dollars, and for the second offence he shall be fined ten dol- 
 lars, or be imprisoned not exceeding thirty days. — G. L., c. 
 91, s. 5, p. 221. 
 
 11. Any town may make by-laws concerning habitual tru- 
 ants and children not attending school, without any regular 
 and lawful occupation, between the ages of six and sixteen 
 years, and to compel the attendance of such children at 
 school, not repugnant to law, and may annex penalties for 
 the breach thereof not exceeding ten dollars for each offence. 
 — G. L., c. 91, s. 6, p. 221. 
 
 12. Such town may appoint three or more officers to enforce 
 such laws, either of whom, and no other, may make com- 
 
106 SCHOLARS. 
 
 plaint for sucli offences, and shall be authorized to serve any 
 process relating thereto. — G. L., c. 91, s. 7, p. 221. 
 
 13. Any offender against such by-laws, upon conviction, 
 may, instead of such fine, be sentenced to the reform school 
 for a term not exceeding one year. — G. L., c. 91, ♦s. 8, p. 221. 
 
 14. Any such offender, on conviction and sentence to pay 
 such fine, may, in default of payment^ be committed to the 
 reform school till the same be paid or he is otherwise discharg- 
 ed; but the court or justice imposing such sentence may at 
 any time discharge such offender, on proof that he is unable 
 to pay said fine, and has no parent, guardian, or person charge- 
 able with his support able to pay it. — G. L.,c. 91, s. 9, p. 222. 
 
 15. Such offender so convicted may give bond to the town 
 in the penal sum of twenty-five dollars, t^^z^A sufficient sureties^ 
 approved by the court or justice before whom he was convict- 
 ed, conditioned to attend regularly some district or other school 
 kept in such town for one term next ensuing^ when the same is 
 kept, to comply with the regulations thereof^ and to he obedient 
 and respectful to the teacher; and his fine may thereupon be 
 remitted by such court or justice on payment of the costs. — 
 G. L., c. 91, s. 10, p. 222. 
 
 16. No child under the age of ten years sliall be employed 
 by any manufacturing corporation in this state ; and any 
 agent, superintendent, or overseer in any corporation, who 
 wilfully employs, or permits to be employed, any clnld in vio- 
 lation of this act, shall, for such offence, be fined not less than 
 twenty dollars nor more tiian one hundred dollars. — Laws of 
 1879, c. 21, 8. 1, p. 340. 
 
 Such fine sliall be paid, one half to the complainant, and 
 the other balf to the use of the county where the offence was 
 committed.— Laws of 1879, c. 21, s. 2, p. 340. 
 
 No prosecution under this act shall be sustained one year 
 after tlie offence is committed. — Laws of 1879, c. 21, s. 3, p. 
 340. 
 
 17. No child under fifteen years of age shall be employed 
 in any manufacturing establislmient unless he has attended 
 some public school or private day-school, where instruction 
 was given by a teacher competent to instruct in the branches 
 taught in common-schools, at least twelve weeks during the 
 year preceding, — G. L., c. 91, s. 11, p. 222. 
 
SCHOLARS. 107 
 
 18. No cliild under the age of twelve years shall be em- 
 ployed as aforesaid unless he has attended school as afore- 
 said at least six months during the year preceding^ or lias at- 
 tended the school of the district in which he dwelt the whole 
 time it was kept during such year,---G, L., c. 91, s. 12, p. 222. 
 
 19. The owner, agent, or superintendent of any manufac- 
 turing establishment, or any person connected therewith, who 
 shall employ in such establishment any child under the age of 
 fifteen years ivithout having a certificate signed by a majority 
 of the school-committee of the town or city in which the child 
 resides, or by such person or persons as they may designate 
 for that purpose, that such child has attended school, as re- 
 quired by sections eleven and twelve of this chapter, shall be 
 fined not exceeding twenty dollars for each ofience. — 6. L., c. 
 91, s. 13, p. 222. 
 
 20. Every parent, guardian, master, or other person having 
 the custody, control, or charge of any child between the ages 
 of eight and fourteen years, residing in any school-district in 
 which a public school is annually taught for the period of 
 twelve weeks or more, within two miles by the nearest trav- 
 elled road from his residence, shall cause such child to attend 
 sucli public school for twelve weeks at least in every year, six 
 weeks at least of which attendance shall be consecutive^ unless 
 such child shall be excused from such attendance by the 
 school-committee of the town, or the board of education of 
 such district, upon its being shown to their satisfaction that 
 the physical or mental condition of such child was such as to 
 prevent his attendance at school for the period required, or 
 that such child was instructed in a private school or at home 
 for at least twelve weeks during such year in the branches of 
 education required to be taught in the public schools, or, hav- 
 ing acquired those branches, in other more advanced studies. 
 — G. L., c. 91, s. 14, p. 222. 
 
 21. The school-committee of every town shall supply the 
 prudential committee of every district with notices of the pro- 
 visions of the preceding section, particularly calling the atten- 
 tion of parents, guardians, masters, and others thereto; and 
 it shall be the duty of said prudential committee to post, and 
 keep posted such notices, not exceeding three, in the most 
 public places in such district; and the necessary expense of 
 
108 SCHOLARS. 
 
 procuring such notices shall be paid by the town. — G. L., c. 
 91, s. 15, p. 222. 
 
 22. Any parent, guardian, master, or other person violating 
 the provisions of the fourteenth section of tins chapter [s. 20, 
 ante] siiall forfeit and pay the sum of ten dollars for the first 
 offence, and the sum of twenty dollars for the second and every 
 subsequent offence, to be recovered in an action of debt, in 
 the name of the district within wliose limits tlie penalty was 
 incurred, by the school-committee of the town or board of 
 education of such district. All penalties recovered shall be 
 paid to the district, and added to the school-money thereof. 
 — G. L., c. 91, s. 16, p. 222. 
 
 23. Any parent, guardian, or otlier person, not a member 
 of the school, who shall wilfully interrupt or disturb any 
 school, shall be punished by a fine not exceeding fifty dollars, 
 or by imprisonment in tlie county jail not exceeding thirty 
 days.— G. L., c. 91, s. 17, p. 222. 
 
 24. School-committees and boards of education, respectively, 
 shall sue for all penalties incurred under, and institute prose- 
 cutions for all violations of, the provisions of this chapter [c. 
 91, G. L.] ; and any school-committee or board of education 
 upon whom a written notice has been served by any tax-payer, 
 stating by whom, when, and how any such penalty has been 
 incurred, wlio shall neglect for ten days after tlie service of 
 such notice upon them to institute a suit for tlie recovery 
 thereof, unless sucli penalty shall sooner be paid without a 
 suit, or unless, upon investigation during tliat time, they shall 
 be satisfied that no penalty has actually been incurred, shall 
 forfeit and pay tlie sum of twenty dollars for each neglect, to 
 be recovered by the selectmen of the town, in an action of 
 debt in the name of the town, sucli penalty, when recovered, 
 to be paid to the district in which the original penalty was 
 incurred, and added to the school-money thereof. All neces- 
 sary expenses arising from prosecutions instituted in enforc- 
 ing the provisions of this chapter shall be paid out of the 
 town treasury. — G. L., c. 91, s. 18, p. 222. 
 
 25. The selectmen of each town, and the assessors of each 
 city, shall annually in the month of April make an enumera- 
 tion of the children of each sex, between the ages of five and 
 fifteen, in their respective towns and cities, and shall make a 
 
SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 109 
 
 report of each [such] enumeration to tlie superintending 
 scliool-committee of their respective towns and cities with 
 [in] fifteen days after the completion of each enumeration. 
 — G. L., c. 89, s. 20, p. 218. 
 
 CHAPTER VIIL 
 
 SUPERINTENDENT OP PUBLIC INSTRUCTION. 
 
 1. By whom appointed; term of office; 
 
 powers of. 
 
 2. Duties of. 
 
 8. School-committees in various towns to 
 
 report to— when and what. 
 4. Penalty for neglect. 
 
 5. Report of — four hundred copies printed 
 
 annually by the state j to state what ; 
 how disposed of. Registers : covers of, 
 to state what. 
 
 6. Salary of; what incidental expenses 
 
 paid by the state ; office in state-house 
 
 1. The governor and council shall appoint a superintend- 
 ent of public instruction, who shall hold his office for the 
 term of two years, and shall have general supervision and 
 control of the educational interests of the state. — G. L., c. 
 92, 8. 1, p. 223. 
 
 2. The superintendent of public instruction shall prescribe 
 the form of register to he kept in the schools^ and the form of 
 blanks and inquiries for the returns to be made by the school- 
 committees^ and seasonably send tlie same to the clerks of the 
 several towns and cities for the use of the several school-com- 
 mittees therein; and shall receive, preserve, or distribute all 
 state documents in regard to public schools or education, and 
 receive and arrange in his office reports and returns of school- 
 committees ; shall investigate the condition and efficiency of 
 the system of popular education in this state ; shall pursue 
 such a course for the purpose of awakening and guiding pub- 
 lic sentiment in relation to the practical interests of educa- 
 tion as may seem to him best, and the nature of the duties of 
 the office will permit ; and shall annually make a report, con- 
 taining such a concise abstract of the returns of the school- 
 committees as he may deem useful, a detailed report of his 
 own doings, and the condition and progress of popular edu- 
 cation in the state, and such suggestions and recommenda- 
 tions in regard to improving the same as his information and 
 judgment may dictate ; and shall discharge such other duties 
 
110 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 as may he assigned him hy law. — G. L., c. 92, s. 2, pp. 223 
 and 224. 
 
 3. The school-committee of each town shall^ before the first 
 Wednesday of April ^ annually transmit to the superintendent 
 of public instruction a copy of the report hy them presented to 
 the town^ and answers, according to the forms provided^ to all 
 such questions as may be proposed by said superintendent of 
 public instruction relating to the appropriations of school- 
 money received, the studies pursued in the schools, tlie meth- 
 ods of instruction and discipline adopted, the condition of 
 school-houses, and any other subject relating to sciiools. — 
 G. L., c. 92, 8. 8, p. 224. 
 
 4. The school-committee of any town, who shall neglect to 
 make the return aforesaid, agreeably to the preceding sec- 
 tion, shall he fined not exceeding fifty dollars. — G. L., c. 92, 
 8. 4, p. 224. 
 
 5. The superintendent of public instruction shall procure, 
 under authority of the secretary of state, and at the expense 
 of the state, four hundred copies of the report to be printed 
 yearly, and lay them before the general court, to be disposed 
 of at their discretion, one hundred copies for the purpose of 
 exchange with other states and for distribution among the 
 friends of education, and one additional copy for each towii^ 
 ward, and incorporated place having ten legal voters. — G. L., 
 c. 92, 8. 5, p. 224. 
 
 The superintendent of public instruction, in his annual 
 report, shall state the condition of the school [State Normal 
 School], the terms of admission and graduation, and the 
 times of the commencement of the sessions ; and shall cause 
 to be printed on the cover of the school register a statement 
 of the terms of admission and graduation, and the times of 
 the commencement of the sessions of the school. — G. L., c. 
 93, 8. 4, p. 225. 
 
 6. The superintendent of public instruction shall receive 
 an annual salary of twelve hundred dollars in full for all the 
 duties required by this chapter, and such additional sum for 
 postage, stationery, and office expenses as the governor and 
 council may deem reasonable ; and shall occupy as an office 
 such portion of the state-house as the governor and council 
 may deem expedient. — G. L., c. 92, s. 6, p. 224. 
 
STATE NORMAL SCHOOL. Ill 
 
 CHAPTER IX. 
 
 STATE NORMAL SCHOOL. 
 
 1. Established and continued. Instruction 
 
 therein. To be in session at least twen- 
 ty weeks. 
 
 2. Management of school : in whom vested. 
 
 Board of trustees : of whom composed 
 and by whom appointed; how organ- 
 ized. Powers, duties, meetings, and 
 compensation of trustees. 
 
 3. Courses of study : how many, by whom 
 
 arranged, to include what in each 
 course, and two years required for 
 completion of. Certificates of gradu- 
 
 4. Superintendent of public instruction, in 
 
 his annual report, to state condition, 
 terms of admission and graduation, and 
 calendar, and cause same to be printed 
 on cover of school register. 
 
 5. Tuition and graduation gratuitous: to 
 
 whom, when, and upon what consid- 
 eration 
 
 6. Contracts in relation to tuition and grad- 
 
 uation : by whom made, and for what 
 purpose. 
 
 7. Annual appropriation of five thousand 
 
 ation— by whom, when, and to whom dollars: how and by whom expended, 
 
 issued. I 
 
 1. The New Hampshire State Normal School, as hereto- 
 fore established and located at Plymouth, is hereby further 
 established and continued for the training of teachers for the 
 common-schools of the state. The instruction in said school 
 shall be confined to such branches as will specially prepare 
 the pupils to teach in said common-schools, and to such 
 branches as are usually taught in normal schools ; and the 
 school shall be in session at least twenty weeks in each year. 
 — G. L., c 98, 8. 1, p. 225. 
 
 2. The management of said school shall be vested in a 
 board of trustees, composed of the governor, the superintend- 
 ent of public instruction, and five persons, to be appointed by 
 the governor, with the advice and consent of the council, and 
 to hold said office two years. Said board shall choose from 
 its members a president and secretary of the board, and such 
 committees and other officers as may be necessary to transact 
 its business, but may choose a person for treasurer who is not 
 a member of the board. Said trustees shall receive no com- 
 pensation for their services, but shall be paid their reasonable 
 expenses while engaged in the performance of their duties. 
 They shall select and employ a principal teacher for the 
 school, who shall be allowed, with their advice and consent, 
 to select the assistants, and provide for the discipline of the 
 school; and they sliall have the general management, super- 
 vision, and control of the school. They shall meet at least 
 once in each year, when it shall be the duty of all to be pres- 
 
112 STATE NORMAL SCHOOL. 
 
 ent.— G. L., c. 93, s. 2, p. 225; Laws of 1879, c. 45, s. 1, p. 
 360. 
 
 3. The trustees, with the principal of the school, shall ar- 
 range two courses of study for the school, and control the 
 examinations for admission and graduation. One course of 
 study shall include all branches required by law to be taught 
 in the common-schools of New Hampshire, and shall require 
 for its completion at least one school year. The other course 
 shall include the higher branches, in addition to those includ- 
 ed in the first course, and shall require for its completion at 
 least two school years. Certificates of graduation shall be 
 issued to those who pass tlie required examinations in these 
 several courses. — G. L., c. 93, s. 3, p. 225. 
 
 4. The superintendent of public instruction, in his annual 
 report, shall state the condition of the school, the terms of 
 admission and graduation, and the times of the commence- 
 ment of the sessions ; and shall cause to be printed on the 
 cover of the school register a statement of the terms of ad- 
 mission and graduation, and the times of the commencement 
 of the sessions of the school. — G. L., c. 93, s. 4, p. 225. 
 
 5. Tuition and graduation in the state normal school shall 
 be free to all those completing either or both of its prescribed 
 courses of study, upon condition that they shall, in considera- 
 tion thereof, agree to teach in the schools of this state for a 
 period equal to the time of said course or courses of study so 
 completed.— G. L., c. 93, s. 5, p. 226. 
 
 6. The trustees of said school shall make such provisions 
 for the making, entering into, and carrying out suitable and 
 proper contracts or agreements with those desiring free 
 tuition as shall carry out the provisions of the preceding sec- 
 tion.— G. L., c. 93, s. 6, p. 226. 
 
 7. The sum of five thousand dollars is annually appropri- 
 ated for the maintenance of said school, said sum to be ex- 
 pended as the trustees of said school sliall direct. — Laws of 
 1879, c. 45, s. 2, p. 360. 
 
 [For Index, see headings of chapters.] 
 
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 UNIVERSITY OF CAUFORNIA LIBRARY