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STATUTES 
 
 OF THE 
 
 STATE OF NEW-YORK 
 
 RELATING TO 
 
 COMMON SCHOOLS, 
 
 INCLUDING 
 
 TITLE II. OF CHAPTER XV. PART I. OF THE REVISED STATUTES, 
 
 AS AMENDED BY THE ACT CHAPTER 480, LAWS OF 1847. 
 WITH 
 
 FORMS AND REGULATIONS 
 
 RESPECTING PROCEEDINGS UNDER THOSE STATUTES. 
 
 Prepared pursuant to the directions of the Legislature, 
 BIT THE SUPERINTENDENT OF COHHJIOX SCHOOLS. 
 
 ALBANY: 
 
 C. VAN BENTHUYSEN, PUBLIC PRINTER. 
 
 1847. 
 
L o 
 
 Hh3 
 
 JT7 This pamphlet will be transmitted to all officers charged with the performance 
 of any duty under the acts relating to Common Schools, and will be received by them in 
 their official capacity. It thus becomes a part of the papers and documents of their 
 office, which they are required by law to hand over to their successors. 
 
STATUTES 
 
 RELATING TO 
 
 COMMON SCHOOLS, 
 
 INCLUDING 
 
 TITLE II. CHAPTER XV. PART I. REVISED STATUTES. 
 
 [Pursuant to the directions of the 148th section of the act of December 15th 
 1847, there are inserted in this publication of the second title of chapter 15, 
 all acts and parts of acts connected with the subjects of the said title, which 
 are now in force ; and where the provisions of that title have been altered 
 by subsequent acts, such provisions have been varied m order to conform 
 them to such alteration. The original number of each section is in all cases 
 retained, whether it wa-3 a part of the Revised Statutes or was taken from 
 some session law passed since 1828. In the latter case, there is a reference 
 to a note at the foot of the page, which gives the particular chapter from 
 which the section is taken,* and its number is inclosed within brackets, in 
 order to designate it more distinctly from the sections of the Revised Stat- 
 tues which are printed with the section mark only. 
 
 To facilitate references to them, the sections in this edition are also num- 
 bered continuously from the first to the last, without regard to the statutes 
 from which they are taken. The index at the end, ^fers to these numbers.] 
 
 TITLE II. 
 
 OF COMMON SCHOOLS. 
 
 ART. 1. Of the powers and duties of the superintendent of common schools, 
 and of the apportionment of school moneys. 
 
 ART. 2, Of the distribution of the common school fund. 
 
 ART. 3. Of the powers and duties of town superintendents of common 
 schools. 
 
 ART. 4. Of inspection and supervision by town superintendents. 
 
 ART. 5. Of the formation and alteration of school districts; the powers of 
 school district inhabitants; of the choice, duties and powers of 
 school district officers; the assessment and collection of school 
 district taxes ; the annual reports of trustees ; school district li- 
 braries. 
 
 ART. 6. Of certain duties of the county clerk. 
 
 ART. 7. Miscellaneous provisions. 
 
4 POWERS AND DUTIES 
 
 ARTICLE FIRST. 
 
 Of the Powers and Duties of the Superintendent of Common 
 
 Schools, and of the Apportionment of School Moneys. 
 Genera^ JVb. 1 1. There shall continue to be a superintendent of 
 superlnten- common schools, whose duty, amongst other things, it shall 
 
 be, to prepare and submit an annual report to the legislature 
 
 containing, 
 
 1. A statement of the condition of the common schools of 
 the state: 
 
 2. Estimates and accounts of expenditures of the school 
 moneys: 
 
 3. Plans for the improvement and management of the com- 
 mon school fund, and for the better organization of the com- 
 mon schools ; and, 
 
 4. All such matters relating to his office, and to the com- 
 mon schools, as he shall deem expedient to communicate. 
 
 General JVb. 2 [^ 41 ] The superintendent of common schools may 
 
 supXten- designate and appoint any one of the clerks employed by him 
 
 to be his general deputy, who may perform all the duties of 
 
 the superintendent in case of his absence or a vacancy in his 
 
 office. 1 
 
 visiters of JVb. 3 [ 8.] The superintendent of common schools may 
 SoSs" appoint such and so many persons as he shall from time to 
 time deem necessary 3 to visit and examine into the condition 
 of the common schools in the county where such persons may 
 reside, and report to the superintendent on all such matters 
 relating to the condition of such schools,, and the means of 
 improving them, as he shall prescribe ; but no allowance or 
 compensation shall be made to the said visiters for such ser- 
 vices. 2 
 
 superintend. JVb. 4 [ 10. J The superintendent of common schools, 
 gXnTSrtia- on such evidence as may be satisfactory to him, may grant 
 mcaiou? ual ~ certificates of qualification under his hand and seal of office, 
 which shall be evidence that the holder of such certificate is 
 well qualified in respect to moral character, learning and abili- 
 ty, to teach any district school within this state ; which cer- 
 tificate shall be valid until duly revoked by the superintend- 
 ent. 3 
 
 Acts of su- JVb. 5. [ 7.] Copies of papers deposited or filed in the 
 how^mhen- office of the superintendent of common schools, and all acts 
 ticated. anc j decisions by him, may be authenticated under the seal of 
 the office of secretary of state, and when so authenticated 
 shall be evidence equally, and in like manner as the origi- 
 nals. 4 
 
 (1) Laws of 1841, chap. 260, 41. (2) Laws of 1839, chap. 330, 8. 
 Laws of 1843, chap. 133, 10. (4) Laws of 1839, chap. 330, 7. 
 
OF SUPERINTENDENT. 
 
 JVb. 6 2. In every year, immediately following a year 
 in which a census of the population of this state shall have 
 been taken, under the authority of the state, or of the United 
 States, the superintendent shall apportion the school moneys 
 to be annually distributed amongst the several counties of the 
 state, and the share of each county, amongst its respective 
 towns and cities. 
 
 JVb. 7 3. Such apportionment shall be made among the 
 several towns and cities of the state, according to the ratio 
 of their population respectively, as compared with the pop- 
 ulation of the whole state, according to the last preceding 
 census. 
 
 JVb. 8 5. If an increase of the school moneys to be increase, 
 distributed, shall take place in any other year, than one im- 
 mediately following a census, the superintendent shall appor- 
 tion such increase amongst the severnl counties, cities and 
 towns, according to the ratio of the apportionment then in 
 force. 1 
 
 JVb. 9 6. When the census or returns, upon which an Proceeding 
 apportionment is to be made, shall be so far defective, in re- ^f^thfe" 8118 
 spect to any county, city or town, as to render it impractica- 
 ble for the superintendent to ascertain the share of school 
 moneys, which ought then to be apportioned to such county, 
 city or town., he shall ascertain, by the best evidence in his 
 power, the facts upon which the ratio of such apportion- 
 ment shall depend, and shall mike the apportionment ac- 
 cordingly. 
 
 JVb. 10 7, Whenever, in consequence of the division when town 
 of a town, or the erection of a new town, in any county, the ah 
 apportionment then in force shall become unjust, as between 
 two or more of the towns of such county, the superintendent 
 shall make a new apportionment of the school moneys next 
 to be distributed amongst such towns, ascertaining by the 
 best evidence in his power, the facts upon which the ratio 
 of appor f ionment as to such towns, shall depend. 
 
 JVb. 11 8. The superintendent shall certify each ap- Certificate 
 portionment made by him, to the comptroller, and shall give *" 
 immediate notice thereof, to the clerk of each county inter- 
 ested therein, and to the clerk of the city and county of 
 New-York; stating the amount of moneys apportioned to 
 his county, and to each town and city therein, and the time 
 when the same will be payable to the treasurer of such 
 county, or to the chamberlain of the city of New- York. 
 
 JVb. 12 9. The superintendent shall prepare suitable Regulation* 
 forms and regulations for making all reports, and conduct- &( 
 ing all necessary proceedings, under this Title, and shall 
 
 (1) Amendatory act of 1830, chap. 320, 5, and by 6 of same ch. the orig. 
 4 is repealed. 
 
6 
 
 DISTRIBUTION OF THE 
 
 Expenses 
 how paid. 
 
 cause the same, with such instructions as he shall deem ne- 
 cessary and proper, for the better organization and govern- 
 ment of common schools, to be transmitted to the officers 
 required to execute the provisions of this Title throughout 
 the state. 
 
 certain ar* JVo. 13 10. He shall cause so many copies of the first 
 primed be six Articles of this Title, with the forms, regulations and 
 instructions prepared by him, thereto annexed, to be, from 
 time to t'me, printed and distributed amongst the several 
 school districts of the state, as he shall deem the public good 
 to require. 
 
 JVb. 14 11. All moneys reasonably expended by him, 
 in the execution of his duties, shall, upon due proof, be al- 
 lowed to ^him by the comptroller, and be paid out of the 
 treasury. 
 
 ARTICLE SECOND. 
 
 Of the distribution of the Common School Fund. 
 
 JVo. 15 ^ 12. The sum annually to be distributed for the 
 encouragement of common schools, shall be paid on the first 
 day of February, in every year, on the warrant of the comp- 
 troller, to the treasurers of the several counties, and the 
 chambertain of the city of New-York. 
 
 JVb. 16 ^ 13. The treasurer of e~ch county, and the 
 chamberlain of the city of New-York, shall apply for and 
 receive the school moneys apportioned to their respective 
 counties, as soon as the same become payable. 
 
 JVb. 17 14. Each treasurer receiving such moneys, 
 shall give notice in writing, to the town superintendent or to 
 some one or more of the commissioners of common schools 
 of each town or city in his county, of the amount appor- 
 tioned to such town or city, and shall hold the same subject 
 to the order of such town superintendent or commissioners. 
 
 JVo. 18 15. In case the commissioners or town super- 
 intendent of any such city or town shall not apply for and 
 receive such moneys, or in case there are no commission- 
 ers or town superintendent appointed in the same, be- 
 fore the next receipt of moneys apportioned to the county, 
 the moneys so remaining with the treasurer shall be retained 
 by him, and be added to the moneys next received by him ? 
 for distribution from the superintendent of common schools 5 
 and be distributed therewith, and in the same proportion. 
 
 No. 19r-^ 16. Whenever the clerk of any county shall 
 receive from the superintendent of common schools notice of 
 the apportionment of moneys to be distributed in the county, 
 he shall file the same in his office, and transmit a certified 
 copy thereof to the county treasurer, and to the clerk of the 
 
 When paid. 
 
 Treasurer to 
 PPy. 
 
 To give 
 notice. 
 
 Moneys 
 remaining, 
 how dis- 
 posed of. 
 
 County 
 cierk. 
 
COMMON SCHOOL FUND. 
 
 board of supervisors of the county; and the clerk of the 
 board of supervisors shall lay such copy before the supervi- 
 sors at their next meeting. 
 
 JVo. 20 17. It shall be the duty of the supervisors, at 
 such meeting, and at every annual meeting thereafter, to add 
 to the sums of money to be raised on each of the towns of 
 the county, for defraying the necessary expenses thereof, a 
 sum equal to the school moneys which shall have been ap- 
 portioned to such town ; which moneys, so added, together 
 with the fees of the collector, shall be levied and collected 
 in the same manner as other moneys directed to be raised in 
 the town. 
 
 JVo. 21 18. The supervisors shall cause and require ib. 
 the collector of each town, by their warrant to him, to pay 
 the moneys so added, when collected, retaining his fees for 
 collection, to the superintendent of common schools in 
 such town, for the use of common schools therein ; 
 whose receipt therefor shall be sufficient evidence of such 
 payment. 
 
 JVb. 22 19. If there shall not be any superintendent of when 
 common schools in such town when the moneys are collect- pHS 
 ed, the collector shall pay the same, retaining his fees for surer- 
 collection, to the county treasurer, to be by him apportioned 
 among the several cities and towns in the county, and dis- 
 tributed in the manner provided in the fifteenth section of 
 this Title. 
 
 JVo. 23 [ 2.] Whenever any board of supervisors shall Future 
 hereafter omit, at their annual meeting, to add to the sums hS^Tre- l 
 of money to be raised on the towns of their county, an equal medied - 
 sum to that apportioned to such towns by the superintendent 
 of common schools in any year, it shall be their duty to hold 
 a special meeting for the purpose of adding the sum that 
 may be deficient, whenever it can be done in time to allow 
 such deficient sum to be collected with the other taxes of 
 the county ; and such special meeting shall be notified by 
 the clerk of the board of supervisors on receiving notice of 
 the deficiency from a majority of the board of supervisors of 
 said county; and in case such deficient sum shall not be di- 
 rected to be raised at a special meeting, it shall be the duty 
 of the supervisors of such county, at their next annual meet- 
 ing, to add the amount of such deficiency to the sums to be 
 raised on each of the towns of the county ; which, with the 
 fees of collection, shall be levied and collected in the same 
 manner as other moneys directed to be raised in the town, 
 and shall be apportioned among the school districts therein 
 according to law. 
 
8 ELECTION AND POWERS OF 
 
 su e p r e k r s v2o r8 No. 24 [ 3.] It shall be the duty of the clerk of the 
 
 \ transmit board of supervisors in each county in this state, on the last 
 day of December in each year, to transmit to the superin- 
 tendent of common schools certified copies of all resolutions 
 and proceedings of the board of supervisors, of which he i^ 
 clerk, passed or had during the preceding year, relating to the 
 raising of any money for school or library purposes, and to 
 report particularly the amount of such money directed to be 
 raised in each town of such county and in case it shall not 
 appear that the amount required by law to be raised for school 
 and library purposes has been directed to be raised during the 
 year by the board of supervisors of any county, the superin- 
 tendent of common schools and the comptroller may direct 
 that the money appropriated by the state and apportioned to 
 sucn . county, be withheld until the amount that may be de- 
 fi c i en - shall be raised, or that so much only of the money ap- 
 
 froma portioned to such county be paid to the treasurer thereof, as 
 shall be equal to the amount directed to be raised therein by 
 the supervisors of such county ; and in such case the balance 
 
 HOW applied so withheld shall be added to the principal of the common 
 school fund. 
 
 Of the Election and Powers of Town Superintendents. 
 
 Town super- JVo. 25 1. There shall continue to be elected in each 
 coramoT f of the towns in this State, at the same time, and in the man- 
 schools ner now provided by law for the election of other town offi- 
 
 when elect- f~, . J . . .. 
 
 ed. cers, an officer to be denominated " town superintendent of 
 
 common schools," who shall possess all the powers perform 
 all the duties, and be subject to all the restrictions, liabilities 
 and penalties conferred and imposed by this act. 1 
 TermX JVo. 26 2. The several town superintendents in office when 
 this act takes effect, elected or appointed in conformity to 
 existing laws, shall continue to hold their respective offices, 
 and discharge the duties thereof until the first Monday of 
 November, one thousand eight hundred and forty-eight. 
 Town su- JVo. 27 ^ 3. The town superintendents of common schools 
 JjJJereaf .hereafter to be elected in conformity with the provisions of 
 ter elected this act, shall, each of them, on or before the first Monday of 
 terupon en " November succeeding such election, execute to the supervi- 
 theirdmie*. gor Q f j^g town an j fij e w ith the town clerk, a bond with one 
 or more sufficient sureties to be approved by the said super- 
 visor by endorsement over his signature on said bond, with a 
 penalty in double the amount of all the school moneys re- 
 ceived by his town from all sources during the preceding year 
 
 (1) This and the following sections, except where otherwise noticed were 
 taken from the act chapter 480 of Laws of 1847. 
 
TOWN SUPERINTENDENTS. 9 
 
 and conditioned for the faithful application and legal dis- 
 bursement of all the school money coming into his hands du- 
 ring his term of office, and for the faithtul discharge of all 
 the duties of said office; and in case such bond shall not be 
 executed, filed and approved within the time herein prescrib- when office 
 ed. the office of such town superintendent shall be deemed deemed 
 
 * . cant, and 
 
 vacant; and any such or any other vacancy that may occur who may 
 in said office, shall be filled by any three justices of the peace appouiu 
 of the same town by a warrant under their hands and seals, 
 who are hereby authorized to make such appointments ; and 
 the persons so appointed shall hold their respective offices un- 
 til others are elected or appointed in their pi ces, and shall 
 have the same powers and be subject to the same duties and 
 penalties as if they had been duly chosen by the electors. 
 
 JVo. 28 4. The justices making the said appointment justices to 
 shall forthwith cause the said warrant to be filed in the office |)|j e certifi " 
 of the town clerk of the town, and give immediate notice to 
 the person appointed. 
 
 JVo. 29 5. Every town superintendent elected after this Term of 
 act takes effect shall on executing the bond as before provided, office> 
 enter upon the duties of his Faid office on the first Monday of 
 November succeeding his election, and shall hold his office 
 for two years thereafter, and until a successor who shall have 
 been duly elected, shall have taken the oath of office and 
 filed an official bond pursuant to the provisions of this act. 
 
 JVo. 30 6. No town superintendent of a town shall hold . 
 the office of trustee of a school district, nor shall a person 
 chosen a trustee, hold the office of district clerk, and no town 
 superintendent shall hold the office of either supervisor or 
 town clerk. 
 
 No. 31 f 1.] The office of trustees of the Gospel and 
 school lots in the several towns in this state, is hereby abol- power? of 
 ished ; and the powers and duties now by law conferred and ^ 
 imposed upon said trustees, shall hereafter be exercised by 
 the town superintendent of common schools. 1 
 
 JVo. 32 7. The third, fourth, fifth and sixth articles of ti- Articles of 
 tie two, chapter fifteen, part first of the Revised Statutes, enti- R-s. amend- 
 tied " Of public instruction," shall be and the same are hereby e 
 amended so as to read as follows: 
 
 (1) Laws of 1846, chapter 186, 1. 
 
10 POWERS AND DUTIES OF 
 
 ARTICLE THIRD. 
 
 The powers and duties of the town superintendent of common 
 
 schools. 
 
 Duties of JVo. 33 8. It shall be the duty of the town superintendent 
 
 town super- P i i 
 
 intendeat*. of common schools m each town, 
 
 1. To divide the town into a convenient number of school 
 districts, and to regulate and alter such districts as hereinafter 
 provided: 
 
 2. To set off by itself any neighborhood in the town ad- 
 joining to any other state of this Union, where it has been 
 usual or shall be found convenient for such neighborhood to 
 send their children to a school in such adjoining state: 
 
 3. To describe and number the school districts, and to de- 
 liver the description and numbers thereof, in writing, to the 
 town clerk, immediately after the formation or alteration 
 thereof: 
 
 4. To deliver to such town clerk a description of each 
 neighborhood, adjoining to any other state, set off by it- 
 self: 
 
 5. To apply for and receive from the county treasurer all 
 moneys apportioned for the use of common schools in his 
 town, and from the collector of the town, all moneys raised 
 therein for the same purpose, as soon as such moneys shall 
 become payable, or be collected: 
 
 6. To apponion the school moneys received on the first 
 Tuesday of April, in each year, among the several school 
 districts, parts of districts and neighborhoods separately set off, 
 within the town, in proportion to the number of children re- 
 siding in each, over the age of five and under that of sixteen 
 years, as the same shall have appeared from the last annual 
 reports of their respective trustees: 
 
 7. If the town superintendent shall have received the school 
 moneys of the town, and all the reports from the several 
 school districts therein, before the first Tuesday of April, he 
 shall apportion such moneys as above directed, within ten 
 days after receiving all of the said reports and the said mo- 
 neys: 
 
 8. To sue for and collect, by his name of office, all penal- 
 ties and forfeitures imposed in this title, and in respect to 
 which no other provision is made, which shall be incurred by 
 any officer or inhabitant of his town, and after deducting 
 his costs and expenses, to add the sums recovered to the 
 school moneys received by him, to be apportioned and paid 
 in the same manner. 
 
 when mo- JVo. 34 9. In making the apportionment of moneys 
 neyswjth- amon g ^ ne several school districts, no share shall be allotted 
 
TOWN SUPERINTENDENTS. 11 
 
 to any district, part of a district, or separate neighborhood, 
 from which no sufficient annual report shall have been re- 
 ceived, for the year ending on the last day of December, im- 
 mediately preceding the apportionment. 
 
 JVo. 35 10. In making the apportionment of public mo- Teachers > 
 ney, it shall be the duty of the town superintendent to desig- and library 
 
 JJ . .. P , , , , ,., money to be 
 
 nate the respective proportions of teachers 7 and library mo- designated. 
 ney belonging to each district, and to pay over as much as 
 is designated teachers' money, on the written order of a ma- 
 jority of th trustees of each district, to the teachers entitled 
 to receive the same. 
 
 JVo. 36 11. No moneys shall be apportioned and paid to When ^^ 
 any district or part of a district, unless it shall appear by such ; 
 report that a school had been kept therein for at least four 
 months during the year ending at the date of such report, by 
 a qualified teacher ; that no other than a duly qualified 
 teacher had at any time during the year for more than one 
 month been employed to teach the school in said district ; 
 and that all moneys received during that year have been ap- 
 plied to the payment of the compensation of such teacher ; 
 and no portion of the library money shall be apportioned or 
 paid to any district or part of a district, unless it shall appear 
 from the last annual report of the trustees that the library 
 money received at the last preceding apportionment was duly 
 expended according to law, on or before the first day of Oc- 
 tober subsequent to such apportionment. 
 
 JVo. 37 12. No teacher shall be deemed a qualified teach- Who de em~ 
 er, within the meaning of this title, who shall not have re- J? 8 JJJ! l r alified 
 ceived, and shall not then hold a certificate of qualification, 
 dated within one year, from the town superintendent of com- 
 mon schools for the town in which such teacher shall be 
 employed. 
 
 JVo. 38 13. No part of such moneys shall be apportioned when mo- 
 or paid to any separate neighborhood adjoining another state, jJeS^ 
 unless it shall appear from the report of its trustees that all 
 moneys received by them during the year ending at the date 
 of such report have been faithfully applied, in paying for 
 the instruction of children residing in such neighborhood. 
 
 JVb. 39 14. Whenever an apportionment of the public Apportion* 
 money shall not be made to any school district, in consequence SS"^?^ 
 of any accidental omission to make any report required by JJ^JJ-, 
 law, or to comply with any other provision of law, or any 
 regulation, the state superintendent may direct an apportion- 
 ment to be made to such district, according to the equitable 
 circumstances of the case, to be paid out of the public money 
 on hand ; or if the same shall have been distributed, out of 
 the public money to be received in a succeeding year. 
 
 JVb. 40 15. If after the time when the annual reports 
 
12 POWERS AND DUTIES OF 
 
 mem r iodis. ai% e required to be dated, and before the apportionment of the 
 
 trict altered school moneys shall have been made, a district shall be duly 
 
 Je'fSrt!" 111 lal altered, or a new district be formed in the town, so as to ren- 
 
 der an apportionment founded solely on the annual reports, 
 
 unjust, as between two or more districts of the town, the 
 
 town superintendent shall make an apportionment among 
 
 such districts, according to the number of children in each, 
 
 over the age of five, and under sixteen years, ascertaining 
 
 that number by the best evidence in his power. 
 
 JVo. 41 6 16. The provisions of the foregoing section shall 
 
 Last section , ,*, i i- i 11 i 
 
 extended to extend to all cases where a school district shall have been 
 
 ier cases. f ormec [ a ^ sucn time previous to the first day of January, as 
 
 not to< have allowed a reasonable time to have kept a school 
 
 therein for the term of four months, such district having been 
 
 formed out of a district or districts in which a school shall 
 
 have been kept for four months by a teacher duly qualified, 
 
 during the year preceding the first day of January. 
 
 Moneys one No. 42 17. All moneys apportioned by the town super- 
 
 hands in of intend* nt, to the trustees of a district, part of a district, or 
 
 town super- separate neighborhood, which shall have remained in the 
 
 hands of the town superintendent for one year after such ap- 
 
 portionment, by reason of the trustees neglecting or refusing 
 
 to receive the same, shall be added to the moneys next there- 
 
 after to be apportioned by the town superintendent, and 
 
 shall be apportioned and paid therewith in the same manner. 
 
 when re- No. 43 18. In case any school moneys received by the 
 
 turned to town superintendent cannot be apportioned by him, for the 
 
 term of two years, after the same are received, by reason of 
 
 the non-compliance of all the school districts in his town 
 
 with the provisions of this title, such moneys shall be re- 
 
 turned by him to the county treasurer, to be by him appor- 
 
 tioned and distributed, together and in the same manner with 
 
 the moneys next thereafter to be received by him for the use 
 
 of common schools. 
 
 Annual re- JVb. 44 19. It^hall be the duty of the town sup erin tend - 
 ent m eacn town, between the first day of July and the first 
 (] a y o f August in each year, to make and transmit to the 
 county clerk a report in writing, bearing date on the first 
 day of July, in the year of its transmission, and stating, 
 
 1. The whole number of school districts and neighbor- 
 hoods separately set off within the town : 
 
 2. The districts, parts of districts and neighborhoods from 
 which reports shall have been made to him, or his immediate 
 predecessor in office, within the time limited for that pur- 
 pose : 
 
 3. The length of time a school shall have been kept in 
 each of such districts or parts of districts, distinguishing 
 
TOWN SUPERINTENDENTS. 13 
 
 what portion of that time the school shall have been kept by 
 qualified teachers : 
 
 4. The amount of public moneys received in each of such 
 districts, parts of districts and neighborhoods : 
 
 5. T^he number of children taught in each, and the num- 
 ber of children over the age of five and under sixteen years, 
 residing in each : 
 
 6. The whole amount of moneys received by him, or his 
 predecessor in office, during the year ending at the date of 
 such report, and since the date of the last preceding report ; 
 distinguishing the amount received from the county treasurer, 
 from the town collector, and from any other and what 
 source : 
 
 7. The manner in which such moneys have been expend- 
 ed, and whether any, and what part remains unexpended, 
 and for what cause : 
 
 8. The amount of money paid for teachers' wages, in ad- 
 dition to the public money paid therefor, the amount of taxes 
 levied for purchasing school-house sites, for building, hiring, 
 purchasing, repairing and insuring school-houses, for fuel 
 and supplying deficiencies in rate bills, for district libraries, 
 or for any other purposes allowed by law, in the districts, 
 parts of districts and neighborhood's from which reports 
 shall have been received by him or his immediate predeces- 
 sor in office, with such other information as the state super- 
 intendent may from time to time require, in relation to the 
 districts and schools within his town. 
 
 JVc. 45 20. Town superintendents who neglect to fur- Penalty for 
 nish the information required by the last preceding section, neglect ' 
 shall severally forfeit to the town for the use of the com- 
 mon schools therein, the sum often dollars, to be sued for 
 by the supervisor of the town. 
 
 JVb. 46 21. In case the town superintendent in any county cierk- 
 town shall not, on or before the first day of August, in any Jf c ff veno " 
 year, make such report to the clerk of the county, it shall be 
 his duty to give immediate notice of such neglect to the 
 clerk of such town. 
 
 JVo. 47 22. The town superintendent neglecting to make Forfeiture 
 such report within the limited period, shall forfeit to the {J^^g 
 town, for the use of the common schools therein, the sum of 
 ten dollars; and the share of school moneys apportioned to 
 such town for the ensuing year, may, in the discretion of 
 the state superintendent be Withheld, and be distributed 
 among the other towns in the same county, from which the 
 necessary reports shall have been received. Town super. 
 
 ^ No. 48 23. When the share of school moneys apjior- j^fSS" 
 tioned to a town, shall thus be lost to the town, by the neg- | et j. es u - 
 lect of its town superintendent, the town superintendent amount! 
 
14 
 
 POWERS AND DUTIES, &c. 
 
 guilty of such neglect, and his sureties shall be liable for the 
 full amount so lost with interest. 
 
 supervisors JVo. 49 24. It shall be the duty of the supervisor of 
 the town, upon notice of such loss, from the state superin- 
 tendent or county treasurer, to prosecute without delay, in 
 the name of the town, for such forfeiture; and the moneys 
 recovered shall be distributed and paid by such supervisor to 
 the several districts, parts of districts, or separate neighbor- 
 hoods of the town, in the same manner as it would have 
 been the duty of the town superintendent to have distributed 
 and paid them, if received from the county treasurer. 
 
 JVb. 50 25. The town superintendent in each town, 
 shall keep a just and true account of all school moneys 
 received and expended by him during each year for which 
 he shall have been chosen, and shall lay the same before the 
 board of auditors of town accounts at the annual meeting of 
 such board, in each year. 
 
 And render JVo. 51 26. The town superintendent of common schools 
 to successors in each town sha] ^ witn i n fif tee n days after the termination 
 
 of his office, render to his successor in office, a just and' true 
 account, in writing, of all school moneys by him received, 
 before the time of rendering such account, and of the man- 
 ner in which the same shall have been appropriated and ex- 
 pended by him; and the account so rendered shall be deliv- 
 ered by such successor in office to the town clerk, to be filed 
 and recorded in his office. 
 
 And pay ba- JV*o. 52 27. On rendering such account, if any balance 
 shall be found remaining in the hands of the town superin- 
 tendent, the same shall immediately be paid by him to his 
 successor in office. 
 
 KoTe 1 " No. 53 28. If such balance, or any part thereof, shall 
 
 paid accord- have been appropriated by the town superintendent to any 
 particular school district, part of a district or separate neigh- 
 borhood, and shall remain in his hands for the use thereof, 
 a statement of such appropriation shall be made in the ac- 
 count so to be rendered, and the balance paid to such suc- 
 cessor in office, shall be paid over by him, according to such 
 appropriation. 
 
 ^** ^ 29. Such successor in office may bring a suit 
 in his name of office for the recovery, with interest, of any 
 unpaid balance of school moneys, that shall appear to have 
 been in the hands of any previous town superintendent on 
 leaving his office, either by the accounts rendered by su.ch 
 town superintendent, or by other sufficient proof, and in 
 case of the death of such town superintendent, such suit may 
 be brought against his representatives. 
 
 corporation. No. 55- 30. The town superintendent in each town, 
 shall have the powers and privileges of a corporation, so far 
 
OF INSPECTION AND SUPERVISION. 15 
 
 as to enable him to take and hold any property transferred 
 
 to him for the use of common schools in such town. Pay of town 
 
 JVb. 56 31. The town superintendent shall be entitled eats, 
 to receive one dollar and twenty-five cents per day for every 
 day actually and necessarily devoted by him in his official 
 capacity, to the service of the town for which he may be 
 chosen, the same to be paid in like manner as other town 
 officers are paid. 
 
 Of the duty of town clerks. 
 
 JVb. 57 32. It shall be the duty of the town clerk of Duty of town 
 each town, 
 
 1. To receive and keep all reports made to the town su- 
 perintendent from the trustees of school districts, and all 
 the books and papers belonging to the town superintendent, 
 when required, and to file them in his office: 
 
 2. To receive all his estimates and apportionments of 
 school money, and to record the same in a book to be kept 
 for that purpose: 
 
 3. To notify the town superintendent, upon receiving no- 
 tice from the county clerk that he has not made his annual 
 report, for the purpose of making such report. 
 
 ARTICLE FOURTH. 
 
 Of inspection and supervision by town superintendents. 
 
 JVb. 58 33. The town superintendent in each town shall who inspec. 
 be the inspector of common schools therein. 
 
 JVb. 59 34. It shall be his duty to examine all persons Their dmy 
 offering themselves as candidates for teaching common ^ to teach * 
 schools in such town. 
 
 JVb. 60 35. In making such examination, it shall be the ib. 
 duty of the town superintendent to ascertain the qualifica- 
 tions of the candidate, in respect to moral character, learning 
 and ability. 
 
 JVb. 61 36. If he shall be satisfied in respect to the qua- n- 
 lifications of the candidate, he shall deliver to the person so 
 examined, a certificate signed by him, in such form as shall 
 be prescribed by the state superintendent. 
 
 JVb. 62 ^ 37. The town superintendent may annul any n>. 
 such certificate given by him or his predecessors in office, 
 when he shall think proper, giving at least ten days' previ- 
 ous notice in writing to the teacher holding it, and to the 
 trustees of the district in which he may be employed, of his 
 intention to annul the same. 
 
 JVb. 63 38. The town superintendent, whenever he shall Jb 
 deem it necessary, may require a re- examination of all or 
 
16 FORMATION AND ALTERATION 
 
 any of the teachers in his town, for the purpose of ascertain- 
 ing their qualifications to continue as such teachers. 
 n>. JVo. 64 39. The annulling of a certificate shall not dis- 
 
 qualify the teacher to whom it was given, until a note in 
 writing thereof, containing the name of the teacher, and the 
 time when his certificate was annulled, shall be made by the 
 town superintendent, and filed in the office of the town 
 clerk. 
 
 JVb. 65 40. When any school district shall be composed 
 of parts of two or more towns, the town superintendent of 
 the town in which the school house of such district may be 
 situated, shall examine into and certify the qualifications of 
 any teacher offering to teach in such district, in the same 
 manner as is provided by the preceding sections of this arti- 
 cle, and may also in the same manner annul the certificate 
 of such teacher; and no school-house shall be erected so as 
 to stand on the Division lines of any two or more towns. 
 TO visit JVo. 66 41. It shall be the duty of the town superin- 
 
 schoois. tendent to visit all such common schools, within his town, 
 as sh-ill be organized according to law, at least twice a year, 
 and oftener if he shall deem it necessary. 
 
 Must exam- JVb. 67 42. At such visitation, the town superintendent 
 shall examine into the state and condition of such schools, 
 both as respects the progress of the scholars in learning, and 
 the good order of the schools; and may give his advice and 
 direction to the trustees and teachers of such schools as to 
 the government thereof, and the course of studies to be pur- 
 sued therein. 
 
 ARTICLE FIFTH. 
 
 Of the formation and alteration of school districts. 
 When super- JVb. 68 ^ 43. In the erection or alteration of a school 
 
 visor and .. ,, > i/riii 
 
 town clerk district, the trustees of any district to be affected thereby, 
 . may apply to the supervisor and town clerk to be associated 
 with the town superintendent ; and their action shall be final 
 unless duly appealed from; the 1 compensation of the super- 
 visor and town clerk when thus associated, shall be the same 
 as that of the town superintendent. 
 
 who may JVb. 69 44. Whenever it may become necessary or con- 
 
 guStejoim 6 " venient to form a district out of two or more adjoining 
 
 districts. towns, the town superintendent of each of such adjoining 
 
 towns, or the major part of them, may form, regulate and 
 
 alter such district. 
 
 aSns n to lter " No 70 45. No alteration of any school district, made 
 
 take effect without the consent of the trustees thereof, shall take effect 
 
 until three months after notice, in writing, shall be given by 
 
 the town superintendent, to some one or more of such trus- 
 
OF SCHOOL DISTRICTS. 17 
 
 tees; nor shall any alteration or regulation of an organized 
 school district be made to take effect between the first day of 
 December in any one year, and the first day of May follow- 
 ing. 
 
 JVb. 71 46. If the town superintendent in any town, Jointmeet 
 shall require by notice in writing, the attendance of the i"? of town 
 town superintendents of any other town or towns, at a joint enS! 1 
 meeting for the purpose of altering a school district formed 
 from their respective towns, and a major part of the town 
 superintendents notified shall refuse or neglect to attend, the 
 town superintendents attending, by a majority of votes, may 
 call a special district meeting of such district, for the pur- 
 pose of deciding on such proposed alteration; and the deci- 
 sion of such meeting shall be as valid as if made by the 
 town superintendents of all the towns interested, but shall 
 extend no further than to dissolve the district formed from 
 such towns. 
 
 JVo. 72 47. When a new district shall be formed from Aiteringdw. 
 one or more districts, possessed of a school house, and in tchooi ho UM 
 cases where any district irom which such new district shall ^ C ' f dl8poa ~ 
 be in whole or in part formed, shall be entitled to other pro- 
 perty than its school house, then the town superintendent of 
 common schools, at the time of forming such new district, 
 shall sell at public auction said school house and other pro- 
 perty belonging thereto, and precede the sale thereof by 
 printed or writen notices, to be posted in at least five public 
 places in the district interested in such sale. 
 
 JVo. 73 48. The proceeds of such sale shall be divided proceed* 
 between the parts of said district, in proportion to the as- i 
 sessed value of the parts respectively, to be applied by them 
 towards the erection of new school houses. 
 
 JVb. 74 49. No such sale shall take place where the in- when sale 
 habitants of the several parts into which such district shall be 
 be divided at a special meeting, called for that purpose, shall 
 agree upon a division of such .property among them. 
 
 JVo. 75 50. When two or more districts shall be consoli- Effector 
 dated into one, the new district shall succeed to all the rights J^"^ 
 of property possessed by the districts of which it shall be ifoiiing dis- 
 composed ; and when a district is annulled, and portions of tn 
 it are annexed to other districts, that district into which the 
 school house, or its site or any other property of such dis- 
 solved district may fall, shall succeed to all the rights of the 
 annulled district in respect to such property, and whenever 
 two or more districts or parts of districts shall be united, 
 and there shall be more than one school house in such new 
 or altered district, the trustees of such district may sell the 
 site and buildings thereon, of either or both the school houses 
 situated in such new district. 
 
18 POWERS OF INHABITANTS AND 
 
 No. 76 51. In cases where by the dissolving a district, 
 its school house or other property shall be annexed or in- 
 cluded in another district, the town superintendent, by whose 
 order such dissolution was effected, shall appraise such pro- 
 perty in the manner provided by law in cases of the creation 
 of new districts ; and the proportions assigned to the inha- 
 bitants of such dissolved district who are not annexed to the 
 district which includes the school house, or other property, 
 shall be raised by the trustees of such last mentioned district 
 and paid over to the trustees of the district to which such 
 inhabitants are annexed, in the same manner as in case of. 
 the creation of a new district, and to be applied to the same 
 purpose. 
 
 Moneys of No. 77 52. When there shall be any moneys in the hands 
 uch district. O f tne fg cerS) O f a district that is or may be annulled, or 
 belonging to such district, the town superintendent of 
 the town may demand, sue for and recover the same, in his 
 name of office, and shall apportion the same equitably be- 
 tween the districts to which the several portions of such 
 annulled district may have been annexed, to be held and 
 enjoyed as district property. 
 
 Trustees of JVb. 78 53 . Whenever a school district shall be dissolved 
 diSumayby consolidation, or otherwise, it shall be the duty of the 
 me biHs'&c trustees f sucn district to make out all the necessary rate- 
 bills and tax-lists, and issue their warrants according to law, 
 for the collection of all such sums of money as shall be neces- 
 sary to discharge all legal lialilities of such district so dis- 
 solved or consolidated, and to call special meetings of the 
 legal voters of such district, if it be necessary ; to raise 
 money by tax, to discharge such demands, and the collector 
 to whom any such rate-bill or tax-list and warrant shall be 
 delivered for collection, shall have power to execute the 
 same in the same manner and with the like authority as 
 though such district had not been dissolved or consolidated. 
 
 Of the, powers of school district inhabitants, and of the 
 choice, duties and powers of school district officers. 
 
 Town super. JVb. 79 54. Whenever any school district shall be formed 
 in any town, it shall be the duty of the town superintendent, 
 within twenty days thereafter, to prepare a notice in writing, 
 describing such district, and appointing a time and place for 
 the first district meeting, and to deliver such notice to a taxa- 
 ble inhabitant of the district. 
 
 Notice for JVb. 80 55. It shall be the duty of such inhabitant to no- 
 
 first meelmg tify every other inhabitant of the district, qualified to vote at 
 
 district meetings, by reading the notice in the hearing of such 
 
 inhabitantj or in case of his absence from home, by leaving 
 
DUTIES AND POWERS OF OFFICERS. 19 
 
 a copy thereof, or of so much thereof as relates to the time 
 and place of such meeting, at the place of his abode, at 
 least six days before the time of the meeting. 
 
 JVo. 81 56. In case such notice shall not be given, or the when to be 
 inhabitants of a district shall refuse or neglect to assemble, reaew * d - 
 or form a district meeting, when so notified or in case any 
 such district, having been formed and organized in pursuance 
 of such notice, shall afterwards be dissolved, so that no com- 
 petent authority shall exist therein, to call a special district 
 meeting in the manner hereinafter provided ; such notice 
 shall be renewed by the town superintendent, and served in 
 the manner above prescribed. 
 
 JVb. 82 57. Every taxable inhabitant to whom a notice of Penalty for 
 a district meeting shall have been properly delivered for ser- Q 
 vice, who shall refuse or neglect to serve the notice in the * 
 
 manner above in this article enjoined, shall for every such 
 offence forfeit the sum of five dollars. 
 
 JVb. 83 58. Whenever any district meeting shall be call- inhabitants 
 ed, in the manner prescribed in the preceding sections of this ^mSe? *** 
 article, it shall be the duty of the inhabitants of the district, 
 qualified to vote at district meetings, to assemble together at 
 the time and place mentioned in the notice. 
 
 JVb. 84 59. Every male person of full age, residing in Qualification 
 
 any school district, and entitled to hold lands in this state, who ^hoofSs!" 
 
 . -i" . . 
 
 owns or hires real property in such district subject to taxa- J c ^ meel ' 
 
 tion for school purposes, and every resident of such district 
 authorized to vote at town meetings of the town in which 
 such district or part of district is situated, and who has paid 
 any rate-bill for teachers' wages in such district, within one 
 year preceding, or who owns any personal property liable 
 to be taxed for school purposes in such district, exceeding 
 fifty dollars in value, exclusive of such as is exempt from 
 execution, and no others, shall be entitled to vote at any 
 school district meeting held in such district. 
 
 JVb. 85 60. If any person offering to vote at any school challenge ; 
 district meeting, shall be challenged as unqualified by any *" 
 legal voter in such district, the chairman presiding at such 
 meeting shall require the person so offering, to make the fol- 
 lowing declaration : " I do declare and affirm that I am an 
 actual resident of this school district, and that I am qualified 
 to vote at this meeting." And every person making such 
 declaration shall be permitted to vote on all questions pro- 
 posed at such meeting ; but if any person shall refuse to 
 make such declaration, his vote shall be rejected. 
 
 JVb. 86 61. Every person who shall wilfully make 
 false declaration of his right to vote at a district meeting, upon rauonT 
 being challenged as herein before provided, shall be deemed 
 guilty of a misdemeanor, and punishable by imprisonment 
 
20 POWERS OF INHABITANTS AND 
 
 in the county jail for a term not exceeding one year, nor less 
 than six months, at the discretion of the court ; and any per- 
 
 son voting at any school district meeting without being qua- 
 lified, shall, on conviction, be subject to a fine of ten dollars? 
 to be sued for and recovered by the trustees of the district 
 for its use, and with costs of suit, before any justice of the 
 peace. 
 
 Powersof JVo. 87 62. The inhabitants so entitled to vote, when so 
 meeting. assembled in such district meeting, or when lawfully assem- 
 bled at any other district meeting, shall have power, by a ma- 
 jority of the votes of those present : 
 
 }. To appoint a chairman for the time being: 
 
 2. To adjourn from time to time, as occasion may re- 
 quire : 
 
 3. To choose a district clerk, three trustees, a district col- 
 lector, and a librarian at their first meeting, and as often as 
 such offices or either of them become vacated: 
 
 4. To designate a site for a district school house : 
 
 5. To lay such tax on the taxable inhabitants of the dis- 
 trict, as the meeting shall deem sufficient to purchase or lease 
 a suitable site for a school house, and to build, hire or pur- 
 chase such school house, and to keep in repair and furnish the 
 same with the necessary fuel and appendages: 
 
 6. To alter, repeal and modify their proceedings from time 
 to time as occasion may require: 
 
 7. To vote a tax for the purchase of a book for the pur- 
 pose of recording the proceedings in their respective dis- 
 tricts: 
 
 8. With the consent of the town superintendent of the 
 town, to designate sites for two or more school houses, for 
 such district, and lay a tax on the taxable property in such 
 district^ to purchase or lease such sites, and to hire, build or 
 purchase such school houses, and to keep in repair, and fur- 
 nish the same with necessary fuel and appendages, and may 
 also in their discretion lay a tax, not exceeding twenty dol- 
 lars in any one year, to purchase maps, globes, black-boards, 
 and other school apparatus. 
 
 Trustees JVo. 88 ^ 63. The trustees chosen at the first legal meeting 
 fo^JiSSd of any school district, shall be divided by lot into three classes, 
 to be numbered, one, two and three ; the term of office of the 
 first class shall be one year^of the second, two, of the third ? 
 three; and one trustee only shall thereafter annually be elect- 
 ed, who shall hold his office for three years, and until a suc- 
 cessor shall be duly elected or appointed. In case of a va- 
 cancy in the office of either of the trustees, during the period 
 for which he or they shall have been respectively elected, the 
 person or persons chosen or appointed to fill such vacancy 
 shall hold the office only for the unexpired term, 
 
DUTIES AND POWERS OF OFFICERS. 21 
 
 JVb 89 64. Every notice of a district meeting called in Contentsof 
 pursuance of this act shall state the purpose for which such notice, 
 meeting is called. 
 
 JVb. 90 65. In each school district an annual meeting 
 shall be held at the time and place previously appointed; andmSU 
 at the first district meeting, and at each annual meeting, the 
 time and place of holding the next annual meeting shall be 
 fixed. 
 
 JVb. 91 66. Whenever the time for holding annual meet- g w 
 ings in a district for the election of district officers shall pass meeting for 
 without such election being held, a special meeting shall be d 
 notified by the clerk of such district to choose such officers ; c 
 and if no such notice be given by him or the trustees last 
 elected or appointed, within twenty days after such time shall 
 have passed, the town superintendent or town clerk may or- 
 der any inhabitant of such district qualified to vote at district 
 meetings, to notify such meeting in the manner provided by 
 law in case of the formation of a new district ; and the offi- 
 cers chosen at any such special meeting, shall hold their office 
 until the time for holding the next annual meeting. 
 
 JVb. 92 67. When the clerk and all the trustees of a 
 school district shall have removed or otherwise vacated their 
 office, and where the records of a district shall have been de- 
 stroyed or lost, or where trustees neglect or refuse to call in s 8 - 
 meetings to choose trustees, the superintendent shall have au- 
 thority to order such meetings, and the same shall be notified 
 in the manner provided by law in the case of the formation 
 of new districts. 
 
 JVo. 93 68. When in consequence of the loss of the re- when iru*. 
 oords of a school district, or the omission to designate the day S 7<x Y J^ 
 for its annual meeting, there shall be none fixed, or it cannot jJJ lmeet - 
 be ascertained, the trustees of such district may appoint a. day 
 for holding the annual meeting of such district. 
 
 JVb. 94 69. A special meeting shall be held in each dis- Special 
 trict whenever called by the trustees; and the proceedings of meetin & 8 
 no district meeting, annual or special, shall be held illegal 
 for want of a due notice to all the persons qualified to vote 
 thereat, unless it shall appear that the omission to give such 
 notice was wilful and fraudulent. 
 
 JVb. 95 70. No tax to be voted by a district meeting for Limitation of 
 building, hirirg or purchasing a school house, shall exceed U^f 
 the sum of four hundred dollars, unless the town superintend- house*, 
 ent of the town in which the school house is to be situated, 
 shall certify in writing his opinion that a larger sum ought 
 to be raised, and shall specify the sum; in which case, a sum 
 not exceeding the sum so specified, shall be raised ; and in 
 districts composed of parts of several towns, the certificate 
 
POWERS OF INHABITANTS AND 
 
 uimen 
 
 may equal- 
 
 lions m U cer- 
 tam cases. 
 
 e when and 
 
 of a major part of the superintendents of said towns shall be 
 necessary for such purpose. 
 
 ^' 96 ~ ^ 71 - Whenever a majority of all the taxable in- 
 habitants of any school district, to be ascertained by taking 
 and recording the ayes and noes of such inhabitants attend- 
 ing at any annual, special or adjourned school district meet- 
 ing legally called or held, shall determine that the sum pro- 
 posed and provided for in the next preceding section, shall 
 be raised by instalments ; it shall be the duty of the trustees 
 oi such district, and they are hereby authorized to cause the 
 same to be levied, raised and collected, in equal annual in- 
 stalments, in the same manner, and with the like authority 
 that other school district taxes are raised, levied and collected, 
 and to make out their tax list and warrant, for the collection 
 of such instalments as they become payable according to the 
 vote of the said inhabitants ; but the payment or collection 
 of the last instalment shall not be extended beyond five years 
 from the time such vote was taken- and no vote to levy any 
 such tax shall be reconsidered except at an adjourned general 
 or special meeting to be held within thirty days thereafter, 
 and the same majority shall be required for reconsideration 
 as is required to levy such tax. 
 
 JVo. 97 72. In every case where a district embraces a 
 part of more than one town, the town superintendents of the 
 towns so in part embraced, upon application of the trustees 
 o f sucn districts, or of those persons liable to pay taxes up- 
 on real property therein, shall proceed to enquire and deter- 
 mine whether the valuation of real property upon the several 
 assessment rolls of said towns are substantially just as com- 
 pared with each other, so far as such district is concerned, 
 and if determined not to be so, they shall determine the re- 
 lative proportion of taxes that ought to be assessed upon the 
 real property of the parts of such districts so lying in differ- 
 ent towns, and the trustees of such district shall thereupon 
 assess the proportion of any tax thereafter to be raised ac- 
 cording to the determination of said superintendents until the 
 same shall be altered by said superintendents upon like ap- 
 plication, using the assessment rolls of the several towns to 
 distribute the said propoition among the persons liable to be 
 assessed for the same. In cases where two superintendents 
 shall be unable to agree, they shall summon a superintend- 
 ent from some adjoining town, who shall unite in such inqui- 
 ry and determination. 
 
 JVb. 98 $ 73. Whenever a school house shall have been 
 built or purchased for a district, the site of such school 
 house shall not be changed, nor the building thereon be re- 
 moved, as long as the district shall remain unaltered, unless 
 by the consent, in writing, of the town superintendents of 
 
DUTIES AND POWERS OF OFFICERS. 23 
 
 common schools, of the town or towns within which such 
 district shall be situated, stating that in their opinion such 
 removal is necessary; nor then, unless a majority of all the 
 taxable inhabitants of said district to be ascertained by tak- 
 ing and recording the ayes and noes, at a special meeting 
 called for that purpose, shall be in favor of such new site. 
 
 JYo. 99 74. Whenever the site of a school house shall 
 have been changed as herein provided, the inhabitants of 
 the district entitled to vote, lawfully assembled at any dis- 
 trict meeting, shall have power by a majority of the votes 
 of those present, to direct the sale of the former site or lot, 
 and ihe buildings thereon, and appurtenances, or any part 
 thereof, at such price, and upon such terms as they shall deem 
 most advantageous to the district; and any deed duly exe- ^^ there . 
 cuted by the trustees of such di>trict, or a majority of them,fr- 
 in pursuance of such direction, shall be valid and effectual to 
 pass all the estate or interest of such school district in the 
 premises intended to be conveyed thereby, to the grantee 
 named in such deed; and when a credit shall be directed to 
 be given upon such sale, for the consideration money, or 
 any part thereof, the trustees are hereby authorized to take 
 in their corporate name, such security by bond and mort- security for 
 gage, or otherwise, for the payment thereof, as they shall ow 
 deem best, and shall hold the same as a corporation, and ac- 
 count therefor to their successors in office and to the district, 
 in the manner they are now required by law to account for 
 moneys received by them; and the trustees of any such dis- 
 trict for the time being, may in their name of office, sue for 
 and recover the moneys due and unpaid upon any security 
 so taken by them, or their predecessors in office, with inter- 
 est and cost. 
 
 JVb. 100 75. All moneys arising from any sale made i n 
 pursance of the last preceding section, shall be appropria- 
 ted to the payment of the expenses incurred in procuring a 
 new site, and in removing or erecting a school house, or 
 either of them, so far as such application thereof shall be 
 deemed necessary. 
 
 JVo. 101 76. The clerk, trustees, collector and librarian District o 
 of each school district, shall hold their respective offices until cere - 
 the annual meeting of such district next following the time of Tenure, 
 their appointment, and until others shall be elected in their 
 places. 
 
 No. 102 77. In case the office of trustee shall be vaca- vacancies 
 ted by the death, refusal to serve, removal out of the dis- howfi " 
 trict, or incapacity of any such officer, and the vacancy shall 
 not be supplied by a district meeting within one month 
 thereafter, the town superintendent of the town may oppoint 
 any person residing in such district to supply such vacancy. 
 
24 POWERS OF INHABITANTS, &c. 
 
 fl, No. 103 78. In case of a vacancy in the office of school 
 
 district clerk, collector or librarian, for any of the causes 
 mentioned in the next preceding section, such vacancy may 
 be supplied by appointment under the hands of the trustees 
 of the district or a majority of them, and the persons so ap- 
 pointed shall hold their respective offices until the next an- 
 nual meeting of the district, and until others are elected in 
 their places. 
 
 Forfeitures. JVo. 104 79. Every person duly chosen or appointed to 
 any such office, who, without sufficient cause, shall refuse 
 to serve therein, shall forfeit the sum of five dollars; and 
 every person so chosen or appointed, and not having re- 
 fused to accept, who shall neglect to perform the duties of 
 his office, shall forfeit the sum of ten dollars. 
 
 Resignation* jf jQ5 ^ gQ^ ^ny person chosen or appointed to an) such 
 office, may resign the same by presenting his resignation 
 to the town superintendent of the town where such officer 
 shall reside, who is authorised for sufficient cause shown to 
 him, to accept the same, and the acceptance of such resigna- 
 tion shall be a bar to the recovery of either of the penalties 
 mentioned in the preceding section. The town superintend- 
 ent accepting the resignation shall give notice thereof to the 
 clerk, or to one of the trustees of the school district, to 
 which the officer resigning shall belong. 
 
 Dmyofdi*. JVb. 106^ 81. It shall be the duty of the clerk of each 
 
 ttict clerk. , , j. , . / f 
 
 school district, 
 
 1. To record the proceedings of his district in a book to 
 be provided for that purpose by the district, and to enter 
 therein true copies of all reports made by the trustees of his 
 district, to the town superintendent. 
 
 2. To give notice of the time and place for special district 
 meetings, when the same shall be called by the trustees of 
 the district, to each inhabitant of :;uch district liable to pay 
 taxes, at least five days before such meeting shall be held, in 
 the manner prescribed in the fifty-fifth section of this act: 
 
 3. To affix a notice in writing of the time and place for 
 any adjourned district meeting, when the same shall be ad- 
 journed for a longer time than one month, in at least four of 
 the most public places of such district, at least five days be- 
 fore the time appointed for such adjourned meeting: 
 
 4. To give the like notice of every annual district meet- 
 ing: 
 
 5. To keep and preserve all records, books and papers; 
 belonging to his office, and to deliver the same to his suc- 
 cessor in office; and in case of bis neglect or refusal so to 
 do, he shall be subject to a fine of not exceeding fifty dol- 
 lars. 
 
DUTY OF TRUSTEES. 25 
 
 Of the duty of trustees of school districts. 
 
 JVb. 107 82. It shall be the duty of the trustees of Duty of m- 
 every school district, and they shall have power, 
 
 1. To call special meetings of the inhabitants of such dis- 
 tricts liable to pay taxes, whenever they shall deem it ne- 
 cessary and proper: 
 
 2. To give notice of special, annual and adjourned meet- 
 ings in the manner prescribed in the last preceding section, 
 if there be no clerk of the district, or he be absent or incapa- 
 ble of acting: 
 
 3. To make out a tax list of every district tax, voted by 
 any such meeting, containing the names of all the taxable 
 inhabitants residing in the district at the time of making out 
 the list, and the amount of tax payable by each inhabitant^ 
 set opposite to his name: 
 
 4. To annex to such tax list a warrant, directed to the 
 collector of the district, for the collection of the sums in 
 such list mentioned: 
 
 5. To purchase or lease a site for the district school 
 house, as designated by a meeting of the district, and to 
 build, hire or purchase, keep in repair, and furnish such 
 school house with necessary fuel and appendages, out of the 
 funds collected and paid to them for such purposes: 
 
 6. To have the custody and safe-keeping of the district 
 school-house : 
 
 7. To contract with and employ all teachers in the dis- 
 tricts : 
 
 8. To pay the wages of such teachers when qualified, oat 
 of the moneys which shall come into their hands from the 
 town superintendents, so far as such moneys shall be suffi- 
 cient for that purpose ; and to collect the residue of such 
 wages, excepting such sums as may have been collected by 
 the teachers, from all persons liable therefor : 
 
 9. To divide the public moneys received by them, when- 
 ever authorized by a vote of their district, into not exceed- 
 ing two portions for each year ; to assign and apply one of 
 such portions to each term during which a school shall be 
 kept in such district, for the payment of the teacher's wages 
 during such term ; and to collect the residue of such wages, 
 not paid by the proportion of public money allotted for that 
 purpose, from the person liable therefor, as above provided : 
 
 10. To exempt from the payment of the wages of teach- 
 ers, either in part or \vholly, such indigent persons within 
 the district as they shall think proper, in any one quarter or 
 term, and the same shall be a charge upon such district : 
 
 11. To certify such exemptions and deliver the certificate 
 thereof to the clerk of the district, to be kept on file in his 
 office : 
 
26 ASSESSMENT AND 
 
 12. To ascertain by examination of the school lists kept 
 by such teachers, the number of days for which each person 
 not so exempted shall be liable to pay for instruction, and 
 the amount payable by each person : 
 
 13. To make out a rate bill containing the name of each 
 person so liable, and the amount for which he is liable ; and 
 to annex thereto a warrant for the collection thereof : 
 
 14. To deliver such rate bill, with the warrant annexed, 
 after the expiration of thirty days from the time the same 
 shall have been made out and signed by them, and notices 
 thereof posted as provided for the payment and collection of 
 district taxes, to the collector of the district, who shall exe- 
 cute the same in like manner with other warrants directed by 
 such trustees, to such collector for the collection of district 
 taxes. 
 
 Further duty JVb. 108 83. The said trustees, after such rate bill and 
 s !r1ue S warrant shall be made out and signed as herein provided, shall 
 cause notices thereof signed by them to be posted in their 
 district as directed in the case of the collection of district 
 taxes, and it shall be the duty of the said trustees, or one of 
 them, or the teacher to whom the moneys in such rate bill 
 are payable, at any time within thirty days thereafter, to re- 
 ceive payment from any person named therein, of the sum 
 due from such person, and the same proceedings shall be had 
 to compel and enforce the payment of the sums of money 
 remaining due on such rate bills after the expiration of the 
 said thirty days, as is herein provided for the collection of 
 district taxes, and the collector to whom any such rate bill 
 and warrant shall be delivered for collection shall possess the 
 same power, be entitled to the same fees, and subject to the 
 same restrictions and liabilities with their bail and sureties, 
 as by this title is provided in proceeding to collect school 
 district taxes. 
 
 Deficiencies JVo. 109 84. Where by reason of the inability to collect 
 [aies b how ari y tax or rate bill, there shall be a deficiency in the amount 
 to be raised. ra ised, the inhabitants of the district in district meeting shall 
 direct the raising of a sufficient sum to supply such deficien- 
 cy by tax, or the same shall be collected by rate bill, as the 
 case may require. 
 
 Of the assessment and collection of school district taxes. 
 
 Trustees 7Vb. 11 ^ 85 ^ n making out a tax list, the trustees of 
 
 h wtopro- sc h oo l districts shall apportion the same on all the taxable in- 
 
 ingomtax habitants of the district or corporations holding property 
 
 therein, according to the valuations of the taxable property 
 
 which shall be owned or possessed by them at the time of 
 
 making out such list within such district or partly within such 
 
 district and partly in an adjoining district, and upon all real 
 
COLLECTION OF TAXES. 27 
 
 estate lying within the boundaries of such district, the own- 
 ers of which shall be non-residents, and which shall be liable 
 to taxation for town or county purposes, and shall be situated 
 within three miles of the site of the school-house in such 
 distiict. But when it shall be ascertained that the proportion 
 of any tax upon any lot, tract or parcel not occupied by any 
 inhabitant would not amount to fifty cents, the trustees in 
 their discretion may omit such lot, tract or parcel from the 
 tax list. 
 
 No. Ill 86. Any person working land under a contract certain oc- 
 for a share of the produce of such land, shall be deemed the deemed pc*- 
 possessor, so far as to render him liable to taxation therefor, sessors 
 in the district where such land is situate. 
 
 No. 112 87. Every person owning or holding any real And are tax- 
 property within any school district, who shall improve and 3 
 occupy the same by his agent or servant, shall, in respect to 
 the liability of such property to taxation, be considered a 
 taxable inhabitant of such district, in the same manner as if 
 he actually resided therein. 
 
 .JVo. 113 88. Where any district tax for the purpose of Remedy of 
 purchasing a site fora school-house, or for purchasing, or a e gai2t own- 
 building, keeping in repair, or furnishing such school-house ers * 
 with necessary fuel and appendages, shall be lawfully assessed 
 and paid by any person, on account of any real property, 
 whereof he is only tenant at will, or for three years, or for a 
 less period of time, such tenant may charge the owner of such 
 real estate with the amount of the tax so paid by him, unless 
 some agreement to the contrary shall have been made by such 
 tenant. 
 
 No. 114 6 89. When any real estate within a district, so Non-resident 
 
 TII in i i i iii ' an d to b 
 
 liable to taxation, shall not be occupied and improved by the described, 
 owner, his servant or agent, and shall not be possessed by 
 any tenant, the trustees of any district at the time of making 
 out any tax list by which any tax shall be imposed thereon, 
 shall make and insert in such tax list a statement and de- 
 scription of every such lot, piece or parcel of land so owned 
 by non-residents therein, in the same manner as required by 
 law from town assessors in making out the assessment roll 
 of their towns ; and if any such lot is known to belong to 
 an incorporated company liable to taxation in such district, 
 the name of such company shall be specified, and the value 
 of such lot or piece of land shall be set down opposite to 
 such description, which value shall be the same that was af- 
 fixed to such lot or piece of land in the last assessment roll 
 of the town ; and if the same was not separately, valued in 
 such roll, then it shall be valued in proportion to the valua- 
 tion which was affixed in the said assessment roll to the 
 whole tract, of which such lot or piece shall be a part. 
 
28 ASSESSMENT AND 
 
 roiiee'ors' No. ^^ 90. If any tax on the real estate of a non- 
 duty as to resident mentioned in the tax list delivered to the collector 
 *' shall be unpaid at the time he is required by law to return 
 his warrant, he shall deliver to the trustees of such district 
 an account of the taxes so remaining due, containing a de- 
 scription of the lots and pieces of 'and upon which any 
 taxes were imposed as the same were stated in his tax list 
 together with the amount of the tax assessed on each, and 
 upon making oath before any justice of the peace or judge 
 of any court of record that the taxes mentioned in such ac- 
 count remain unpaid, and that after diligent efforts he has 
 been unable to collect the same, he shall be credited by said 
 trustees wi f h the amount thereof. 
 
 JVb. n6 91. Whenever the trustees of any school dis- 
 trict shall receive such an account of unpaid taxes from any 
 collector, they shall compare .the same with the original tax 
 list, and if found to be a true transcript, they shall add to 
 such account a certificate to the effect that they have com- 
 pared the same with the original tax list and found it to be 
 correct, and shall immediately transmit such account, with 
 the affidavit of the collector, and their certificate to the 
 treasurer of the county. 
 
 c<mnty trea- JVb. 117 92. Out of any moneys in the county treasu- 
 ry, raised for contingent expenses, the county treasurer shall 
 pay to the trustees of the school district in which such taxes 
 were imposed, the amount thereof FO returned as unpaid. 
 
 JVb. 1 18 93. Such account, affidavit and certificate shall 
 be laid, by the county treasurer, before the board of super- 
 visors of the county, who shall cause the amount of such un- 
 paid taxes, with seven per cent of the amount in addition 
 thereto, to be levied upon the lands of non-residents on 
 which the same were imposed, and if imposed upon the lands 
 of any incorporated company, then upon such company, in 
 the same manner that the contingent charges of the county 
 are directed to be levied and collected, and when collected 
 the same shall be returned to the county treasury to reim- 
 burse the amount so advanced, with the expense of col- 
 lection. 
 
 JVb. 119 $ 94. Any person whose lands are included in 
 anv sucn account may pay the tax assessed thereon to the 
 county treasurer, at any time before the board of supervisors 
 shall have directed the same to be levied. 
 Proceedings 7Vb. 120 95. The same proceedings in all respects shall 
 t oeet. b e had for the collection of the amount so directed to be 
 raised by the board of supervisors as are provided by law in 
 relation to county taxes; and upon a similar account as in 
 the case of county taxes of the arrears thereof uncollected, 
 being transmitted by the county treasurer to the comptroller, 
 
 
COLLECTION OF TAXES. 29 
 
 the same shall be paid on his warrant to the treasurer of the 
 county advancing the same ; and the amount so assumed by 
 the state shall be collected for its benefit, in the manner pre- 
 scribed by law in respect to the arrears of county taxes upon 
 lands of non-residents; or if any part of the amount so as- 
 sumed consisted of a tax upon any incorporated company, 
 the same proceedings may also be had for the collection 
 thereof as provided by law, in respect to the county taxes 
 assessed upon such company. 
 
 JVo. 121 ^ 96. The valuations of taxable property shall be valuation* 
 ascertained so far as possible, from the last assessment roll oft^neST* 1 
 the town; and no person shall be entitled to any reduction 
 in the valuation of such property, as so ascertained unless he 
 shall give notice of his claim to such reduction, to the trus- 
 tees of the district, before the tax list shall be made out. 
 
 JVo. 122 97. fn every case where such reduction shall Ib . 
 be duly claimed, and in every case where the valuation of 
 taxable property cannot be ascertained, from the last assess- 
 ment roll of the town, the trustees shall ascertain the true 
 value of the property to be taxed, from the best evidence in 
 their power, giving notice to the persons interested, and pro- 
 ceeding in the same manner as the town assessors are requir- 
 ed by law to proceed, in the valuations of taxable proper- 
 
 ty- ' 
 
 JVb. 123 98. Every taxable inhabitant of a district, who Exemption 
 shall have been, within four years, set off from any other cLet"*' 
 district without his consent, and shall, within that period 
 have actually paid in such other district, under a lawful as- 
 sessment therein, a district tax for building a school-house, 
 shall be exempted by the trustee's of the district where he 
 shall reside, from the payment of any tax for building a 
 school house therein. 
 
 JVo. 124 99. Every district tax shall be assessed, and Time when 
 the tax list thereof be made out by the trustees, and a proper b^ 
 warrant attached thereto, within one month after the district 
 meeting in which the tax shall have been voted; and when 
 there shall be a tax of more than one hundred dollars, it 
 shall be the duty of the trustees of the district immediately 
 thereafter to cause notices of the completion thereof, to be 
 posted up in three of the most public placesin the district, and 
 so located as to be most likely to give notice to the inhabit- 
 ants thereof, and shall designate in such notices a convenient 
 place in such district, where the said trustees, or one of 
 them will attend from one to five o'clock in the afternoon, 
 at least once in each week for two successive weeks, on a 
 day also to be specified in such notice, to receive payment of 
 the taxes mentioned in such tax list; and it shall be the duty 
 of the said trustees or one of them to attend accordingly, and 
 
30 ASSESSSMENT AND 
 
 any person may pay his taxes to such trustee at the time and 
 place designated, or at any other time and place to any trus- 
 tee having the said tax list and warrant, within fifteen days 
 from the first posting of the said notices. 
 
 Tax list to No. 125 100. It shall be the duty of the said trustees 
 Delivered after the expiration of the said fifteen days, to deliver the 
 rs ' said tax list and warrant to the collector of the district, and 
 such collector is hereby authorized and directed to proceed 
 and collect the unpaid taxes remaining in said tax lists, in the 
 manner provided by law, and shall pay over to the said trus- 
 tees, all the moneys collected or received by him on such tax 
 ihereoi y list within thirty days from the time of the receipt of such 
 warrant and tax list, and such collector shall be entitled to 
 receive five per cent fees on each dollar by them respectively 
 collected, which said fees shall be collected with such un- 
 paid taxes from the several and respective persons named in 
 said tax list. 
 
 Forfeiture No. 126 101. If by the neglect of any collector, any 
 neglect. sc ^ 00 i mone y S sna ll be lost toany school district, which might 
 have been collected within the time limited in the warrant de- 
 livered to him for their collection, he shall forfeit to such dis- 
 trict the full amount of the moneys thus lost, and shall ac- 
 count for and pay over the same to the trustees of such dis- 
 trict, in the same manner as if they had been collected. 
 
 ^' 127 l02 - For tne recovery of all forfeitures, and of 
 balances in the hands of a collector which he shall have 
 neglected to pay over, the trustees of the district may sue 
 in their name of office, and shall be entitled to recover the 
 same with interest and costs ; and the moneys recovered 
 shall be applied by them in the same manner as if paid 
 without suit. 
 
 of JYo. 1 28- 1 03. Any collector to whom any such tax list and 
 warrant may be delivered for collection, may execute the 
 same in any other district or town in the same county, or in 
 any other county, where the district is a joint district, and 
 
 composed of territory from adjoining counties, in the same 
 manner, and with the like authority as in the district in 
 which the trustees issuing the said warrant may reside, and 
 for the benefit of which said tax is intended to be collected, 
 and the bail or sureties of any collector given for the faithful 
 performance of his official duties, are hereby declared and 
 made liable for any moneys received or collected on any such 
 tax list and warrant, and may be prosecuted for the recovery 
 thereof. 
 
 Blank books JVo. 129 104. It shall be the duty of the trustees of school 
 
 iuredby " districts, to procure for the use of their district, two bound 
 
 trustees. blank books from time to time, as shall be necessary, in one 
 
 of which the accounts of all moneys received and paid by 
 
COLLECTION OF TAXES 31 
 
 the trustees, and a statement of all moveable property be- 
 longing to the district, shall be entered at large, and signed 
 by such trustees, at or before each annual meeting in such 
 district. In the other of the said books, the teachers shall j, e registered 
 enter the names of the scholars attending school, and the 
 number of days they shall have respectively attended, and 
 also the days on which such school shall have been inspected 
 by the town superintendent ; which entries shall be verified 
 by the oath or affirmation of the teachers, and shall consti- 
 tute ihe list on which rate bills shall be apportioned. The 
 said books shall be preserved by the trustees as the property 
 of the district, and shall be delivered to their successors. 
 
 JVo. 130 105. Where the necessary fuel for the school 
 any district shall not be provided, by means of a tax on the 
 inhabitants of the district, it shall be the duty of every person 
 sending a child to the school, to provide his just proportion 
 of such fuel. 
 
 JVo. 131 106. The proportion of fuel which every 
 sending children to the school, shall be liable to provide, mined, 
 shall be determined by the trustees of the district, according 
 to the number of children sent by each ; but such indigent 
 persons as in the judgment of the trustees, shall be unable to 
 provide the same, shall be exempted from such liability. 
 
 JVo. 132 107. If any person liable to provide such fuel, when trus- 
 shall omft to provide the same, on notice from any one of such S and Ur " 
 trustees, it shall be the duty of the trustees to furnish 
 fuel ; and to charge the person so in default the value of the 
 fuel so furnished. 
 
 JVo. 133 108 Such value may be added to the rate bill of Ib . 
 the moneys due for instruction, and may be collected there- 
 with, and in the same manner ; or the trustees may sue for 
 and recover the same, in their own names, with costs of suit. 
 
 JVb. 134 109. When the trustees of any school district certain 
 are required or authorized by law, or by vote of their district, Jj- l "g[ 8 t J! r { )e 
 to incur any expense for such district, and when any expenses raised by 
 incurred by them are made by express provision of law a tiu 
 charge upon such district, they may raise the amount thereof 
 by tax in the same manner as if the definite sum to be raised 
 had been voted by a district meeting, and the same shall be 
 collected and paid over in the same manner. 
 
 JVo. 135 110. The warrant issued and annexed to any tax Warrant, 
 list or rate bill, shall be under the hands of the trustees of 
 the district or a majority of them, and it shall not be neces- 
 sary for the said trustees to affix their seals to any such 
 warrant. 
 
 JVb. !36- 111. The warrants issued by the trustees of school Manner of 
 districts for the collection of any district tax authorized to JJEfng 1 * 1 
 be levied, raised and collected by this title, or for the collec- taxes - 
 
32 REPORTS OF TRUSTEES, 
 
 tion of any district school rate bill shall have the like force 
 and effect as warrants issued by boards of supervisors of 
 counties to collectors of taxes in towns ; and the collector 
 to whom any such warrant may be delivered for collection 
 is hereby authorized and required to collect from every per- 
 son in such tax list or rate bill named, the sum therein set 
 opposite to his name, or the amount due from any person or 
 persons specified therein, in the same manner that collectors 
 are authorized to collect town and county charges. 
 Trustees JY*o. J 37 112. If the sum or sums of money, payable by 
 
 mav renew ' . . ,. ,.,, , / , 1 7 r , .". 
 
 warrants or any person named in such tax list or rate bill, shall not be paid 
 by n i m ? or collected by such warrant within the time therein 
 limited, it shall and may be lawful for the trustees to renew 
 such warrant, in respect to such delinquent person ; or in 
 case such person shall not reside within their district, at the 
 time of making out a tax list or rate bill, or shall not reside 
 therein at the expiration of such warrant, and no goods or 
 chattels can be found therein whereon to levy the same ; the 
 trustees may sue for and recover the same, in their name of 
 office. 
 
 Error in tax JVb. 138 113. Whenever the trustees of any school dis- 
 biiu how 6 trict shall discover any error in a tax list or rate bill made out 
 onected. ^y th eni) they may with the approbation and consent of the 
 state superintendent, after refunding any amount that may 
 have been improperly collected on such tax list or rate bill, 
 if the same shall be required, amend and correct such tax 
 list or rate bill, in conformity to law ; and whenever more 
 than one renewal of a warrant for the collection of any tax 
 list or rate bill, may become necessary in any district, the 
 trustees may make such further renewal, with the written 
 approbation of the town superintendent of the town in which 
 the school house of said district shall be located, to be en- 
 dorsed upon such warrant. 
 
 proceedings JVb. 139 1 14. If the moneys apportioned to a district by 
 - the town superintendent shall not have been paid, it shall be 
 ^ e ^ u ty f tne trustees thereof, to bring a suit for the recov- 
 ery of the same, with interest, against the town superintendent 
 in whose hands the same shall be, or to pursue such other 
 remedy for the recovery thereof, as is or shall be given by 
 law. 
 
 Of the annual reports of trustees, their duties and liabilities. 
 
 Annual re. JVb. 140 115. The trustees of each school district shall, 
 fees 30 ls " between the first and fifteenth days of January, in every year, 
 make and transmit a report, in writing, to the town superin- 
 tendent for such town, dated on the first day of January, in 
 the year in which it shall be transmitted. 
 
DUTIES AND LIABILITIES. 33 
 
 JVb. 141 116. Every such report, signed and certified by Howmade< 
 a majority of the trustees making it, shall be delivered to the 
 town superintendent, and shall specify, 
 
 1. The whole time any school has been kept in their dis- 
 trict during the year ending on the day previous to the date i comenw. 
 of such report, and distinguishing what portion of the time 
 
 such school has been kept by qualified teachers : 
 
 2. The amount of moneys received from the town super- 
 intendent during such year, and the manner in which such 
 moneys have been expended : 
 
 3. The number of children taught in the district during 
 such year, and the name and age of each child : 
 
 4. The name and age of each child residing in the district on 
 the last day of December previous to the making of such re- 
 port, over the age of five years, and under sixteen years of age, 
 (except Indian children otherwise provided for by law,) and 
 the names of the parents or other persons with whom such 
 children shall respectively reside, and the number of chil- 
 dren residing with each : 
 
 5. The amount of money paid for teachers' wages, in ad- 
 dition to the public money paid therefor, the amount of taxes 
 levied in said district for purchasing school-house sites, for 
 building, hiring, purchasing, repairing and insuring school- 
 houses, for fuel, for supplying deficiencies in rate bills, for 
 district libraries, or for any other purpose allowed by law, 
 and such other information in relation to the schools and the 
 districts as the superintendent of common schools may from 
 time to time require. 
 
 JVb. 142 117. It shall be not lawful for the trustees of any Paupers and 
 school district to include in their annual returns the names JJJJSJJ 8 ^ f y . 
 of any children who are supported at a county poor-house, Wr {JJ^JJJJJ 
 orphan asylum. 
 
 JVo. 143- 118. The annual reports of trustees of school dis- children to 
 tricts, of children residing in their district, shall include all ? JS^ 
 over five and under sixteen years of age, who shall, at thep rtsoftrus - 
 date of such report, actually be in the district, composing a * 
 part of the family of their parents or guardians, or employ- 
 ers, if such parents, guardians, or employers reside at the 
 time in such district, although such residence be temporary, 
 but such report shall not include children belonging to the 
 family of any person who shall be an inhabitant of any other 
 district in this state, in which such children may by law be 
 included in the reports of its trustees. 
 
 JVb. 344 119. The trustees of school districts shall not Indian chii- 
 enumerate and include in their annual reports any Indian be 
 childreri residing on Indian reservations where schools are 
 taught. 
 
 3 
 
34 REPORTS OF TRUSTEES, 
 
 children en- No. 145 120. All children included in the reports of the 
 Schools' * rustees f an y new scno l district shall be entitled to attend 
 *' the schools of such district ; and whenever it shall be neces- 
 sary for the accommodation of the children in any district, 
 the trustees thereof may hire, temporarily, any room or 
 rooms for the keeping of schools therein, and the expense 
 thereof shall be a charge upon such district. 
 
 District ^o. 146 121. Where a school district is formed out of 
 
 t'wTor 1 m two or more adjoining towns, it shall be the duty of the trus- 
 towns how tees of such district to make and transmit a report to the town 
 superintendent for each of the towns out of which such dis- 
 trict shall be formed, within the same time, and in the same 
 manner, as is required by sections one hundred and fifteen y 
 and one hundred and sixteen of this act ; distinguishing the 
 number of children over the age of five and under sixteen* 
 years, residing in each part of a district which shall be in a 
 different town from the other parts, and the number of chil- 
 dren taught, and the amount of school moneys received from 
 each part of the district. 
 
 Separate No. 147 122. Where any neighborhood shall be set off 
 hooS, b how k v itself, the inhabitants of such separate neighborhood shall 
 to report, annually meet together and choose one trustee; whose duty it 
 shall be every year, within the time limited for making dis- 
 trict reports, to make and transmit a report in writing, bear- 
 ing date on the first day of January, in the year in which it 
 shall be transmitted to the town superintendent of the town 
 from which such neighborhood shall be set off, specifying 
 the number of children over the age of five and under six- 
 teen years, residing in such neighborhood, the amount of 
 moneys received from the town superintendent since the 
 date of last report, and the manner in which the same has 
 been expended. 
 
 penalty for ^0. 148 123. Every trustee of a school district, or sepa- 
 faise report, rate neighborhood, who shall wilfully sign a false report to the 
 town superintendent of his town, with the intent of causing 
 such town superintendent to apportion and pay to his dis- 
 trict or neighborhood, a larger sum than its just proportion 
 of the school moneys of the town, shall for each offence, for- 
 feit the sum of twenty-five dollars, and shall also be deemed 
 guilty of a misdemeanor. 
 
 Pro n of ^ Ot -^ ^ ~^* ^ property now vested in the trustees of 
 ditneShow ai*y school district, for the use of schools in the district, or 
 ldd| which may be hereafter transferred to such trustees for that 
 
 purpose, shall be held by them as a corporation. 
 
 JVo. 150 ^ 125. The trustees of each school district shall, 
 
 account an- once in each year render to the district, at its annual district 
 
 nuaiiy. meeting, a just and true account in writing, of all moneys 
 
 received by them respectively for the use of their district ; 
 
DUTIES AND LIABILITIES. 3& 
 
 and of the manner in which the same shall have been ex- 
 pended, which account shall be delivered to the district 
 clerk, and be filed and recorded by him. 
 
 JVo. 151 ^ 126. Any balance of such moneys, which shall Balance paid 
 appear from such account to remain in the hands of the^i" " 
 trustees, or either of them, at the time of rendering the ac- 
 count, shall immediately be paid to some one or more of 
 their successors in office. 
 
 JVo. 152 127. Every trustee who shall refuse or neglect Forfeiture 
 to render such account, or to pay over any balance so found for n e lect - 
 in his hands, shall for each offence forfeit the sum of twen- 
 ty-five dollars. 
 
 JVo. 153 128. It shall be the duty of his successors in How pro8e . 
 office to prosecute, without delay, in their name of office, for cuted - 
 the recovery of such forfeiture ; and the moneys recovered 
 shall be applied by them to the use and benefit of their dis- 
 trict schools. 
 
 JVo. 154 129. Such successors shall also have the same re- Remedy 
 medies for the recovery of any unpaid balance in the hands 
 of a former trustee, or his representatives, as are given to 
 the town superintendent against a former town superintend- 
 ent and his representatives ; and the moneys recovered shall 
 be applied by them to the use of their district, in the same 
 manner as if they had been paid without suit. 
 
 JVo. 155 130. Every trustee of a school district who Trustee in 
 shall, while in office, neglect or refuse annually to render an and Ce by w 
 account of the moneys received by him as such trustee, shall 
 for each offence forfeit the sum of twenty five dollars; and itneglee'r 
 shall be the duty of the town superintendent of the town in 
 which such trustee may reside, to prosecute, without delay, 
 in his name of office, for the recovery of such forfeiture ; and 
 the moneys recovered shall be applied by such superintend- 
 ent to the use and benefit of the district school of the district 
 to which such defaulting trustee shall belong. 
 
 JVb. I5(i 131. Such town superintendent shall also haveR eme dy to 
 the same remedies for the recovery of any unpaid balance of J t ^ de s ^ er ~ 
 moneys, in the hands of such delinquent trustee, in office, as 
 are given to the town superintendents in office, against a 
 former town superintendent; and the moneys recovered shall 
 be applied by such town superintendent to the use of the 
 district to which the same may belong, and be paid over to 
 the trustee or trustees of such district, who are not in de- 
 fault. 
 
 JVo. 157 132. Any person conceiving himself aggrieved Appeals to 
 in consequence of any decision made: Sof'com- 
 
 1. By any school district meeting: 
 
 2. By the town superintendent in the forming or altering, 
 
36 DISTRICT LIBRARIES. 
 
 or in refusing to form or alter any school district, or in re- 
 fusing to pay any school moneys to any such district: 
 
 3. By the trustees of any district, in paying any teacher, 
 or refusing to pay him, or in refusing to admit any scholar 
 gratuitously into any school: 
 
 4. Or concerning any other matter under the present title 
 may appeal to the superintendent, who is hereby authorized 
 and required to examine and decide the same, and the decis- 
 ion of the state superintendent shall be final and Conclusive. 
 
 Of school district libraries. 
 
 school dis- ^' 158 ~' ^ 133> The taxable inhabitants of each school dis- 
 trk5tiibrSy. trict in the state, shall have power when lawfully assembled 
 at any district meeting, to lay a tax on the district not ex- 
 ceeding ten dollars in any one year, for the purchase of a 
 district library, consisting of such books as they shall in 
 their district meeting direct, and such further sum as they 
 may deem necessary for the purchase of a book case: The 
 intention to propose such tax, shall be stated in the notice 
 required to be given of such meeting. 
 
 JVb. 159 134. The clerk of the district, or such other 
 person as the taxable inhabitants may at their annual meet- 
 ing designate and appoint by a majority of votes, shall be 
 the librarian of the district, and shall have the care and cus- 
 tody of the library, under such regulations as the inhabitants 
 may adopt for his government. 
 
 Taxes ^o. 160 135. The taxes authorized by the foregoing- 
 
 section to be raised, shall be assessed and collected in the 
 same manner as a tax for building a school house. 
 
 Librar ^ 16 . 1 ~ $ l36 ' The sum of ^ ft y- five thousand dollars, to- 
 
 fund &ry gether with an equal sum to be raised in the towns, and 
 directed to be distributed to the several school districts of 
 this state, by the fourth section of chapter two hundred and 
 IL thirty-seven, of the laws of eighteen hundred and thirty- 
 eight, shall continue to be applied to the purchase of books 
 lor a district library, until otherwise directed ; but whenever 
 the number of volumes in the district library of any district, 
 numbering over fifty children between the ages of five and 
 sixteen years, shall exceed one hundred and twenty-five ; or 
 of any district numbering fifty children or less, between the 
 said ages, shall exceed one hundred volumes, the inhabitants 
 of the district qualified to vote therein, may, at a special or 
 annual meeting duly notified for that purpose, by a majority 
 of votes, appropriate the whole, or any part of the library 
 money belonging to the district for the current year, to the 
 purchase of maps, globes, black-boards, or other scientific 
 apparatus, for the use of the school: And in every district 
 having the required number of volumes in the district libra- 
 
DISTRICT LIBRARIES. 37 
 
 ry, and the maps, globes, black-boards, and other apparatus 
 aforesaid, the said moneys, with the approbation of the state 
 superintendent, may be applied to the payment of teachers' 
 wages. 
 
 JVo. 162 137. The trustees of every school district shall Who trug _ 
 be trustees of the library of such district; and the property teesofiibra- 
 of all books therein, and of the case and other appurtenan- " e 
 ces thereof, shall be deemed to be vested in such trustees, so 
 as to enable them to maintain any action in relation to the 
 same: It shall be their duty to preserve such books and 
 keep them in repair; and the expenses incurred forihat pur- 
 pose, may be included in any tax list toi be made out by 
 them as trustees of a district, and added to any tax voted by 
 a district meeting, and shall be collected and paid over in the 
 same manner: The librarian of any district library shall be 
 subject to the directions of the trustees thereof, in all mat- 
 ters relating to the preservation of the books and appurte- 
 nances of the library, and may be removed from office by 
 them for wilful disobedience of such directions, or for any 
 wilful neglect of duty. 
 
 JVo. 163 138. Trustees of school districts shall be liable Liability of 
 to their successors for any neglect or omission, in relation to trl 
 the care and superintendence of district libraries, by which 
 any books therein are lost or injured, to the full amount of 
 such loss or injury in an action on the case, to be brought by % 
 such successors in their name of office. 
 
 No. 164 139. A set of general regulations respecting the Regulations 
 preservation of school district libraries, the delivery of them t b e ^ 
 by librarians and trustees to their successors in office, the use 
 of them by the inhabitants of the district, the number of vol- 
 times to be taken by any one person at any one time or du- 
 ring any term, the periods of their return, the fines and pen- 
 alties that may be imposed "by the trustees of such libraries 
 for not returning, for losing or destroying any of the books* 
 therein, or for soiling, defacing, or injuring them, and the 
 conditions upon which any school district may apply the li- 
 brary money to the payment of teachers' wages, may be 
 framed by the state superintendent, and printed copies there- 
 of shall BeTurnished to each school district of the state ; 
 which regulations shall be obligatory upon all persons and 
 officers having charge of such libraries, or using or possess- 
 ing any of the books thereof: Such fines may be recovered 
 in an action of debt, in the name of the trustees of any such 
 library, of the person on whom they are imposed, except 
 such person be a minor; in which case they may be recov- 
 ered of the parent or guardian of such minor, unless notice 
 in writing shall have been given by such parent or guardian 
 to the trustees of suxih library, that they will not be respon- 
 
38 DISTRICT LIBRARIES. 
 
 sible for any books delivered such minor: And persons with 
 whom such minors reside shall be liable in the same manner 
 and to the same extent, in cases where the parent of such 
 minor does not reside in the district. 
 
 Appeals to No. 165 140. Any person conceiving himself aggrieved 
 superimen- by any act or decision of any trustees of school districts, 
 concerning district libraries, or the books therein, or the use 
 of such books, or of any librarian, or of any district meeting 
 in relation to their school library, may appeal to the state 
 superintendent in the same manner as provided by law. 
 joint libra- JVb. 166 141. The legal voters in any two or more ad- 
 o^moredis- ji nm g districts may, in such cases as may be approved by 
 trie*. the town superintendent, unite their library moneys and funds 
 as they shall be received or collected, and purchase a joint 
 library for the use of the inhabitants of such districts, which 
 shall be selected by the trustees thereof, or by such persons 
 as they shall designate, and shall be under the charge of a 
 librarian to be appointed by them ; and the foregoing pro- 
 visions of this act shall be applicable to the said joint libra- 
 ries, except that the property in them shall be deemed to be 
 vested in all the trus f ees, for the time being, of the districts 
 so united. And in case any such district shall desire to di- 
 vide such library, such division shall be made by the trustees 
 of the two districts whose libraries are so united, and in case 
 they cannot agree, then such division shall be made by the 
 town superintendent. 
 
 when No. 167 142. Where, by reason of the non-compliance 
 
 beSfwith 1 . w ith tne conditions prescribed by law, the library money 
 held state shall be withheld from any school district, the same may be 
 dem may di- distributed among other districts complying with such condi- 
 Jncatlon? p " tions, or may be retained and paid subsequently to the dis- 
 trict from which the same was withheld, as shall be di- 
 rected by the state superintendent according to the circum- 
 stances of the case. 
 
 when state No. 168- 143. The state superintendent whenever request- 
 supennten- e( j ^y (jjg trustees of a school district, under the directions 
 
 dent may se- ^ .... , . 
 
 lect libra- of the legal voters .01 such district, may select a library for 
 their use, and cause the same to be delivered to the clerk of 
 the county in which such district is situated, at its ex- 
 pense. 
 
DUTIES OF COUNTY CLERKS. 39 
 
 ARTICLE SIXTH, 
 
 Of certain duties of the county clerks. 
 
 SEC. 172. County clerk to report to the superintendent of common schools*, 
 what, and when. 
 
 SEC. 173. Forfeiture for neglecting it. 
 
 SEC. 174. Who to prosecute for it, and where paid when recovered. 
 
 SEC. 175. Duty of county clerk when commissioners [town superinten- 
 dents] do not report. 
 
 JVb. 169 172. [ 112J. It shall be the duty of each To transmit 
 county clerk, between the first day of August and the first school re- 
 day of October, in every year, to make and transmit to the*** 
 superintendent of common schools, a report in writing, con- 
 taining the whole number of towns in his county, distin- 
 guishing the towns from which the necessary reports have 
 been made to him by the town superintendent of common 
 schools, and containing abstracts of all such reports in such 
 form as the state superintendent shall direct. [Amended by 
 ^3 of chap. 358, of 1847. | 
 
 JVb, 170 173. [ 113}. Every clerk who shall refuse Penahy for 
 or neglect to make such report, within the period so limited, ne & lCl - 
 shall, for each offence, forfeit the sum of one hundred dollars 
 to the use df the school fund of the state, 
 
 JVb. 171 174. [ 114]. It shall be the duty of the su- Ho w prose- 
 perintendent of common schools to prosecute without delay, u !jjj[ nd 
 in his name of office, for such forfeiture, and to pay the 
 moneys recovered, into the treasury of the state, to the credit 
 of the school fund. 
 
 JVb. 172 144. It shall be the duty of each county clerk, Notice to 
 immediately after the first day of August in every year, in town clerk, 
 'case the town superintendent of any town in his county 
 shall have neglected to make to him his annual report, to 
 give notice of such neglect to the clerk of the town, who 
 shall immediately notify such town superintendent for the 
 purpose of making his report.* 
 
 Miscellaneous provisions connected with the foregoing or- 
 
 ticles. 
 
 JVb. 173 145. Town superintendents, trustees, collectors peHallyon 
 and clerks of school districts, refusing or wilfully neglecting certain offi * 
 
 ' ~ , , , J fo . *\ cere for neg 
 
 to make any report, or to perform any other duty required lector duty, 
 by law, or by regulations or decisions made under the au- 
 thority of any statute, shall severally forfeit to their town, 
 or to their district as the case may be, for the use of the com- 
 mon schools therein, the sum often dollars for each such To be sae d 
 neglect or refusal, which penalty shall be sued for and col- 
 lected by the supervisor of the town, and paid over to the town. 
 
 <1) Laws of 1847, chap, 480, 144. 
 
40 MISCELLANEOUS PROVISIONS. 
 
 proper officers to be distributed for the benefit of the com- 
 mon schools in the town or district to which such penalty 
 belongs; and when the share of school or library money ap- 
 portioned to any town or district, or school or any portions 
 thereof, or any money to which a town or district would have 
 been entitled, shall be lost in consequence of any wilful neg- 
 lect of official duty by any town superintendent or trustees 
 or clerks of school districts, the officers guilty of such neg- 
 lect shall forfeit to the town or district the full amount, with 
 interest, of the moneys so lost; and they shall be jointly and 
 severally liable for the payment of such forfeiture. 
 
 JVo. 174 146. In any suit which shall hereafter be com- 
 
 Costs not 
 
 allowed in menced against town superintendents or officers of school 
 certain suits districts, for any act performed by virtue of, or under color 
 
 against r A -\ ' a* r c i r 
 
 school offi- of their offices, or for any refusal or omission to perform any 
 duty enjoined by law, and which might have been the sub- 
 ject of an appeal to the superintendent, no costs shall be al- 
 lowed to the plaintiff in cases where the court shall certify 
 that it appeared on the trial of the cause that the defendants 
 acted in good faith. But this provision shall not extend to 
 suits for penalties, nor to suits or proceedings to* enforce the 
 decisions of the superintendent. 
 
 Provision in No. 175 l.a Whenever a suit shall have been com- 
 mence d or ^ll hereafter be commenced against any of the 
 officers of a school district for any act performed by virtue 
 of, or under color of their office, and such suit shall have 
 been finally determined, it shall be the duty of the trustees 
 to ascertain in the manner hereinafter described, the actual 
 amount of all the costs, charges and expenses paid by such 
 officer, and to cause the same to be assessed upon and col- 
 lected of the taxable inhabitants of said district in the same 
 manner as other taxes of said district are by law assessed and 
 collected, and when so collected, to pay the same over to 
 the officer by virtue of this act entitled to receive the same; 
 but this provision shall not extend to suits for penalties, nor 
 suits or proceedings to enforce the decisions of the superin- 
 tendent. 
 
 Persons pay- No. 176 ^ 2. Whenever any person mentioned in the 
 
 in rlsent 8 wi to ^ ret section of this act shall have paid any costs, charges or 
 
 account expenses as mentioned in said first section, he shall make 
 
 oath. ed out an account of such charges, costs and expenses so paid 
 
 by him, giving the items thereof, and verify the same by his 
 
 oath or affirmation ; he shall serve a copy of said account so 
 
 sworn to, upon the trustees of the district against which 
 
 such claim shall be made, together with a notice in writing 
 
 that on a certain day therein specified, he will present such 
 
 (a) Laws of 1847, chap. 172, 1,2, 3, 4. 
 
MISCELLANEOUS PROVISIONS. 41 
 
 account to the board of supervisors of the county in which 
 such school district shall be situated, for settlement at some 
 legal meeting of such board; and it shall be the duty of the 
 officer upon whom such copy, account and notice shall be 
 served, to attend at the time and place in such notice speci- 
 fied, to protect the rights and interests of such district upon 
 such settlement. 
 
 No. 177 3. Upon the appearance of the parties, or upon p& mem 
 due proof of service of the notice and copy of account men- when to be 
 tioned in second section of this act, if the said board shall SjS^LSi. 
 be of opinion that such account or any portion thereof ought 
 justly to be paid to the claimant, such board may by an or- 
 der to be made by a majority of all the members elected to 
 the same, and to be entered in its minutes, require such ac- 
 count or such part thereof as such board shall be of opinion 
 ought justly to be paid to the claimant, by such district to 
 be so paid ; but no portion of such account shall be so or- 
 dered to be paid which shall appear to the said board to 
 have arisen from the wilful neglect or misconduct of the 
 claimant. The account, with the oath of the party claiming 
 the same, shall be prima facie evidence of the correctness 
 
 thereof. The board may adjourn the hearing from time to 
 
 / 
 time as justice shall seem to require. 
 
 No. 178 4. It shall be the duty of the trustees of any Co of or _ 
 school district, within thirty days after service of a copy ofdertobeen- 
 
 ,, *i_ i j ^tered on dis- 
 
 sucn order upon them to cause the same to be entered at met records. 
 
 length in the book of records of said district, and to issue to 
 
 the collector of said district a warrant for the collection of 
 
 the amount so directed to be paid, in the same manner and 
 
 with the, like force and effect as upon a tax voted by said 
 
 district. 
 
 No. 179 6 1.6 No person shall wilfully disturb, interrupt-. 
 
 i ' * II f * iii- Disturbing 
 
 or disquiet any assemblage or persons met at any school dis- schools pro. 
 trict, with the assent of the trustees of the school district, 
 for the purpose of receiving instruction in any of the branch- 
 es of education usually taught in the common schools of this 
 state, or in the science of music. 
 
 No. 180 2. Whoever shall violate the provisions of the Penalty, 
 foregoing section, may be tried before any justice of the 
 peace of the county, or any mayor, alderman, recorder, or 
 other magistrate of any city where the offence shall be com- 
 mitted; and upon conviction, shall forfeit a sum not exceed- 
 ing twenty-five dollars, for the use and benefit of the school 
 district in which such offence shall be committed. 
 
 No. 181 3. It shall be the duty of the trustees of any Trustees to 
 school district in which any such offence shall be committed, *"" 
 
 (6) Laws of 1845, chap. 228, 1, 2, 3, 4, 5. 
 
42 MISCELLANEOUS PROVISIONS. 
 
 to prosecute such offender before any officer having cogni- 
 zance of such offence. 
 
 ^' "^ ^ ^' ^ an y P erson convicted of the offence 
 herein prohibited, shall not immediately pay the penalty in- 
 ;ted ' curred, with the costs of conviction, or give security, to the 
 satisfaction of the officer before whom such conviction shall 
 be had, for the payment of the said penalty and costs within 
 twenty days thereafter, he shall be committed by warrant to 
 the common jail of the county, until the same be paid, or for 
 such term, not exceeding thirty days, as shall be specified in 
 such warrant. 
 
 jury trial. N- 183 5. It shall and may be lawful for any person 
 who may be complained of for a violation of the provisions 
 of this act, to demand of such magistrate that he may be 
 tried by a jury. Upon such demand, it shall be the duty of 
 such officer to issue a venire to the proper officer, command- 
 ing him to summon the same number of jurors, and in the 
 same manner, and the said court shall proceed to empannel a 
 jury for the trial of said cause, in the same manner and sub- 
 ject to all the rules and regulations prescribed in the act pro- 
 viding for the trials by jury in courts of special sessions. 
 JVo. 184 147. A school for colored children may be es- 
 
 coio'Jed cwi- tablished in any city or town of this state, with approbation 
 of the commissioners or town superintendent of such city or 
 town, which shall be under the charge of the trustees of the 
 district in which such school shall be kept; and in places where 
 no school districts exist, or where from any cause it may be 
 expedient, such school may be placed in charge of trustees to 
 be appointed by Ihe commissioners or town superintendent of 
 common schools of the town or city, and if there be none, 
 to be appointed by the state superintendent. Returns shall 
 be made by the trustees of such schools to the town super- 
 intendent at the sajne time and in the same manner as now 
 provided by law in relation to districts; and they shall par- 
 ticularly specify the number of colored children over five and 
 under sixteen years of age, attending such school from dif- 
 ferent districts, naming such districts respectively, and the 
 number from each. The town superintendent shall appor- 
 tion and pay over to the trustees of such schools, a portion 
 of the money received by them annually, in the same man- 
 ner as now provided by law in respect to school districts, 
 allowing to such schools the proper proportion for each child 
 over five and under sixteen years, who shall have been in- 
 structed in such school at least four months by a teacher du- 
 ly licensed, and shall deduct such proportion from the amount 
 that would have been apportioned to the district to which 
 such child belongs; and in his report to the state superintend- 
 
MISCELLANEOUS PROVISIONS. 43 
 
 ent, the town superintendent shall specially designate the 
 schools for colored children in his town or city. 
 
 No. 185 148. The state superintendent may cause to De Fortnstobe 
 printed a sufficient number of forms of reports by trustees of panted and 
 school districts and town superintendents and of lists of pu- dfatribD 
 pils attending schools, and cause them to be transmitted to 
 the several county clerks, for the use of those officers and 
 of teachers of schools; and he shall cause title second of 
 chapter fifteen and part first of the Revised Statutes to be 
 printed, and shall insert therein all acts and parts of acts 
 which have been passed by the legislature, connected with 
 the subjects of the said title, which are now in force ; and 
 where any provisions of the said title have been altered by 
 the subsequent acts, such provisions shall be varied so as to 
 make them conformable to such alterations ; but the original 
 numbers of the sections shall be indicated in such mode as 
 he shall judge proper, except as herein amended or altered. 
 Copies of the said title so amended shall be transmitted to 
 the town superintendent, and all other officers charged with 
 the performance of any duty under its provisions, with such 
 explanations and instructions as may be deemed expedient. 
 
 No. 186 149. The superintendent of common schools is Jnslructions 
 hereby authorized and directed to cause to be printed in a /or execm- 
 pamphlet form, as many copies of this act and of the forms Ulg 
 necessary to be used under its provisions as he may deem suffi- 
 . cient for the information of the trustees of common schools 
 and to cause the same to be distributed for that purpose. 
 
 No. !87- 150. All such provisions of law as are repugnant Law8re u 
 to or inconsistent with the provisions of this title, are hereby nam, 8 & e c p "?o 
 
 repealed; but nothing herein contained shall be so construed 
 
 as to impair or affect any of the local provisions respecting JepTaied ' 4?l 
 
 the organization and management of schools in any of the 
 
 incorporated cities or villages or towns of this ?tate ; except as 
 
 ihe same are affected by the next preceding section of this act. 
 

 INDEX 
 
 TO THE 
 
 STATUTES RELATING TO COMMON SCHOOLS. 
 
 The figures relate to the several sections as numbered. 
 
 A. 
 
 Alteration of School Districts. 
 
 No. 
 
 Without consent of trustees when to take effect, , 70 
 
 Annual Meeting of School Districts. 
 
 Provision for holding, . . 90 
 
 When omitted, special meeting may be called and how, 91 
 
 When superintendent may order meeting, 92 
 
 When trustees may fix day for, ( 93 
 
 Powers of inhabitants when lawfully assembled, 87, 96, 98, 99, 
 
 109, 158 
 
 Proceedings of, not invalidated by defective notice unless wil- 
 ful and fraudulent, 94 
 
 Notice of, how to be given and what to contain,. .79, 89, 106, 107 
 
 Appeals from proceedings of, to superintendent, , 157 
 
 """' District librarian to be chosen at, 87 
 
 Qualifications of voters at, 84 to 86 
 
 Annual Reports. 
 
 Of superintendent, what to contain, 1 
 
 Of town superintendent of common schools, to be made be- 
 tween 1st July and 1st August, 44 
 
 What to contain, 44 
 
 Of trustees of school districts, 140, 141 
 
 Of trusses of joint districts, 146 
 
46 INDEX TO STATUTES. 
 
 No. 
 
 Of trustee of separate neighborhood, 147 
 
 Of trustees of colored schools, - ... 184 
 
 Of county clerks, 169 
 
 Forms of, to be transmitted to trustees, &c., by superinten- 
 dent, 12, 185 
 
 Proceedings and penalties in case of neglect of town superin- 
 tendents to make, 45, 47, 48 
 
 Penalty for trustees making false report, 148 
 
 Public money not to be apportioned to districts from which no 
 
 sufficient annual report shall h.we been received. 38 
 
 Apparatus. 
 For schools may be purchased, 87 
 
 Appeals* 
 To superintendent, 157, 165 
 
 Appendages to School House. 
 
 Taxes for, 87 
 
 To be provided by trustees, 107 
 
 Apportionment of School Moneys. 
 
 When to be maJe by superintendent, 6 
 
 Ratio of, i 
 
 Increase of school moneys when and how to be apportioned,. . 8 
 
 Proceedings when census is defective, 9 
 
 Proceedings on erection or division of towns, 10 
 
 To be certified to comptroller and county clerks, 11 
 
 Library fund to be annually apportioned, amount of, and how 
 
 to be appropriated, 161 
 
 When and how to be apportioned by town superintendents 
 
 among the several districts, 33 
 
 Conditions of apportionment and when to be withheld, 35, 36, 38 
 To be equitably adjusted by town superintendents in case of 
 alteration or formation of districts after date of annual re- 
 port, 40, 41, 
 
 Disposition of moneys uncalled for in the hands of town super- 
 intendents for one and two years, 42, 43 
 
 To be directed by superintendent in certain cases of accidental 
 
 omission or non-compliance with law, 39 
 
 Arms and Accoutrements. 
 
 When and to what extent exempt from warrants of collect- 
 ors, - 
 
INDEX TO STATUTES. 47 
 
 No. 
 Assessments. 
 
 Of school moneys by board of supervisors on their several 
 
 towns, 20 
 
 Assessment of Taxes. 
 See Taxes and Tax List Trustees. 
 
 Assessment Roll of Town. 
 Valuation of taxable property to be taken from, 121 
 
 Authentications. 
 Of papers, acts and decisions of superintendent, 5 
 
 B. 
 
 Black Boards. 
 Districts authorized to impose taxes for purchase of, 87 
 
 Blank Books. 
 
 To be provided by trustees for use of districts, and what to 
 
 contain, .- 129 
 
 Board of Supervisors. 
 
 To assess an amount upon each town equal to that apportion- 
 ed by superintendent, 20 
 
 To require collector to pay such amount when collected, to 
 
 commisioners, 21 
 
 To hold special meeting in case of deficiency in amount raised 
 the preceding year, for the purpose of supplying such de- 
 ficiency, 23 
 
 Duty of, on receiving fiom county treasurer, accounts of un- 
 paid taxes of non-residents, furnished by trustees, .... 118, 120 
 
 Book Case. 
 Districts may raise tax for purchase of, for district library, . . . , 158 
 
 Bonds. 
 
 To be given by collector of district when required by trustees, 
 
 and amount and condition of, 128 
 
48 INDEX TO STATUTES. 
 
 No. 
 
 c. 
 
 Certificates of Teachers. 
 
 To be given by town superintendents, 59 
 
 On what conditions and examination, and in what form, .. ..60, 61 
 
 May be annulled by town superintendent on notice, &c., 62 
 
 Certificate of annulment to be filed in town clerk's office, .... 64 
 
 Re-examination may be required by inspectors, 63 
 
 In cases of joint districts, the town superintendent of the town 
 in which the school house is situated may grant and an- 
 nul certificates, 65 
 
 To be given also by superintendent, 4 
 
 Effect of such certificate, ..., 4 
 
 May be annulled by superintendent, 4 
 
 Who to be deemed qualified teachers, 37 
 
 Certificate to be dated within one year of time of employment, 3^ 
 
 To be obtained before commencement of term of employment, 36 
 
 Certificates of Apportionment. 
 See Apportionments of School Moneys. 
 
 Certificates of Town Superintendents. 
 
 For two or more sites to school house when necessary, 87 
 
 For change of site and removal of school house, 98 
 
 Chamberlain of the City of New- York. 
 When to apply for school money, > 16 
 
 Children. 
 
 Trustees to report annually number of, residing in the several 
 districts, between the ages of 5 and 16 years, and the num- 
 ber taught, *. 141 
 
 Description of children to be included in such reports and enti- 
 tled to attend schools, 142, 143, 144, 145 
 
 Schools for colored children, when and how to be established, 
 
 organized and conducted, 184 
 
 Clerk of Board of Supervisors. 
 
 To notify special meeting of the board on receiving notice of 
 deficiency in amount of school money raised in the county 
 from a majority of said board, 23 
 
INDEX TO STATUTES. 49 
 
 No. 
 
 To transmit certified copies of resolutions, &c., of board, re- 
 specting school moneys, to superintendent, 24 
 
 Clerk of District. 
 
 Fee District Clerk. 
 
 Trustees of districts to report to, annually, 140 
 
 Contents of such report, 141 
 
 Trustees of joint districts how to report, 146 
 
 Trustee of separate neighborhood how to report, 147 
 
 Forfeiture for false report, 148 
 
 Appeals from proceedings of, to superintendent, 157 
 
 Penalties and forfeitures against, for neglect of duty, 173 
 
 Costs not allowed in certain suits against, 174 
 
 To apportion public money to trustees of colored schools and 
 
 specially to designate such schoofs in annual report, .... 184 
 
 Forms of reports of, to be forwarded by superintendent, 185 
 
 How to apportion library fund, 161 
 
 To have care and superintendence of the gospel and school 
 
 fund, 31 
 
 Comptroller. 
 
 Certificate of apportionment of school moneys to be furnished 
 
 to, by superintendent, . , 11 
 
 To pay school moneys annually to the several county treasur- 
 ers and the chamberlain of New-York, ,.. 15 
 
 In conjunction with superintendent to direct the withholding 
 of school money wholly or in part, in certain cases of de- 
 ficiency in raising an amount equivalent to apportionment, 
 in the several counties, 24 
 
 To pay county treasurer amount of uncollected non-resident 
 taxes in certain cases, and to collect the same by sale as 
 in other cases of arrears of taxes on non-resident lands,. . 120 
 
 To audit and pay accounts of superintendent generally, and 
 also in the purchase of county maps, and to withhold 
 amount paid in the latter case trom distribution, 14 
 
 Corporations. 
 
 See Incorporated Companies. 
 Town superintenpents and trustees of school districts to be, for 
 
 certain purposes, **-M*> 55, 98, 149 
 
60 INDEX TO STATUTES. 
 
 No, 
 Costs. 
 
 Not recoverable in certain suits against commissioners and offi- 
 cers of school districts, 174 
 
 County Clerk. 
 
 To file and transmit certified copy of apportionment to county 
 
 treasurer and clerk of supervisors, 19 
 
 To make and transmit to superintendent annual report, what to 
 
 contain, ,. 169 
 
 Penalty for neglect, 170 
 
 Superintendent to prosecute therefor, 171 
 
 To give town clerk notice of neglect of town superintendents 
 to make and transmit their report within the time required 
 by law, , 172 
 
 County Poor-House. 
 
 Children supported at, not to be included in report of trus- 
 tees, * 142 
 
 County Treasurer. 
 
 When to apply to comptroller for school moneys, 16 
 
 To notify town superintendents of amount apportioned to their 
 
 towns, and hold the same subject to their order, 17 
 
 To add moneys not called for to amount to be distributed in 
 
 ensuing year, IS 
 
 To apportion school moneys in certain cases, 22, 43 
 
 Duty of, on receiving from trustees accounts of unpaid taxes of 
 
 non-residents, 1 17 to 120 
 
 Collector. 
 See District Collector Town Collector. 
 
 Colored Children. 
 Provisions for establishment and maintenance of schools for,.* 184. 
 
 D. 
 
 Decisions of Superintendent. 
 On appeal to be final, 157 
 
INDEX TO STATUTES. 51 
 
 No. 
 Districts. 
 
 See School Districts Inhabitants of School districts. 
 
 Tti ,,. *. ...... *'..., *,,-i'-:; M *J uT 
 
 District Meetings. 
 
 See Inhabitants of School Districts Annual Meetings Special 
 
 Meetings. 
 
 District Clerk. 
 
 To be chosen by inhabitants when legally assembled, .... 87 sub. 3 
 
 Trustees of districts Ineligible, 30 
 
 To notify special meetings of inhabitants when time for hold- 
 ing annual meeting has passed without election of offi- 
 cers, 91 
 
 Notice by, in certain cases to state the purpose for which meet- 
 ing is called, 89 
 
 Term of office of, 101 
 
 Vacancy in, how to be supplied, 103 
 
 Forfeiture for refusal to serve, or neglect of duty, 104, 173 
 
 Resignation of, how made, . . . 105 
 
 To record proceedings of district and reports of trustees, 
 
 106 sub. 1 
 
 To notify special meetings and how, do 2 
 
 To notify adjourneed meetings in certain cases and how, do 3 
 
 To notify annual meeting, do 4 
 
 To preserve records and papers and deliver to succes- 
 sor, do 5 
 
 To record votes by ayes and nays on motion to change site of 
 
 school house in certain cases, 98 
 
 To file certificates of exemption of indigent persons, 107 
 
 To act as librarian in certain cases, 159 
 
 District Collector. 
 
 How and when chosen, 87 sub. 3 
 
 Term of office, 101 
 
 Vacancies in, how filled, 103 
 
 Forfeitures for refusal to serve, neglect of duty and omission to 
 
 execute bond when required, 104, 173 
 
 May resign, 105 
 
 Duty of in case of unpaid taxes against non-residents, 115 
 
 Jurisdiction of, 125, 128 
 
 Per centage of, on collections, 125 
 
 Duty of, in collection of warrants, 107 sub. 14 
 
 To execute boncfs to trustees when required ; amount and con- 
 dition of, , 128 
 
52 INDEX TO STATUTES. 
 
 No. 
 Office of, vacated in case of refusal or neglect, and another to 
 
 be appointed by trustees, 103 
 
 Forfeiture of, for loss of money by neglect in collection, 126 
 
 To be recovered by trustees, 127 
 
 District Libraries. 
 
 Inhabitants of districts authorized to levy taxes for, 158 
 
 Librarian how to be appointed and duties of, 87, 103, 162 
 
 Appropriation for, from revenue of U. S. Deposite Fund 161 
 
 Trustees of district to be trustees of library, powers, duties and 
 
 liabilities of, 162, 163 
 
 Regulations for government and management of, to be pre- 
 scribed by superintendent, 164 
 
 Fines how imposed and recovered, 164 
 
 Liability of borrowers, 164 
 
 Appeals respecting, to superintendent, 165 
 
 Joint libraries how organized by two or more districts, 166 
 
 Distribution and application of library moneys, 161 
 
 Superintendent may select books for, on request, 168 
 
 District Librarian. 
 
 District clerk or other person chosen by inhabitants at their an- 
 nual meeting, to act as. and to have care and custody of 
 
 library, .' 159 
 
 To be subject to direction of trustees, removable by them, and 
 
 for what causes, and vacancy how supplied, 162 
 
 Regulations of superintendent obligatory upon, 164 
 
 Appeals from, to superintendent, 165 
 
 E. 
 
 Errors in Tax Lists and Rate Bills. 
 
 How corrected, 138 
 
 Exemptions. 
 
 From taxation for school house in certain cases, 123 
 
 Of indigent persons from rate bills wholly or in part,., sub. 10 107 
 
 from assessments for fuel, 131 
 
 
INDEX TO STATUTES. 53 
 
 No. 
 
 F. 
 
 Fines. 
 
 For loss of or destruction or injury to books in District Libra- 
 ry, how imposed and recovered, who liable, and to what 
 extent, 164 
 
 Forfeitures. 
 See Penalties and Forfeitures. 
 
 Forms and Instructions. 
 
 To be published and forwarded to officers of school districts, 
 
 &c., by superintendent, 12, 13, 185, 186 
 
 Fuel. 
 
 Taxes may be imposed for, 87 sub. 5 
 
 To be provided by trustees, 107 sub. 5 
 
 When not provided by tax, inhabitants sending to school to 
 
 furnish their proportion, 130 
 
 Proportions how to be determined by trustees, 131 
 
 Indigent persons to be exempted, 131 
 
 Trustees to furnish portion of delinquents, 132 
 
 To add expense to rate bill against or recover by suit, 133 
 
 G. 
 
 General Deputy Superintendent. 
 How appointed, and duties of, ^ 2 
 
 Globes. 
 Tax may be imposed for purchase of, 87 
 
 Gospel and School Lots. 
 Trustees of Gospel and School Lots, office abolished, 31 
 
54 INDEX TO STATUTES. 
 
 No. 
 
 
 I. 
 
 Incorporated Companies. 
 
 Liable to taxation for school district purposes, 110 
 
 Taxes on non-resident property owned by, how to be collect- 
 ed, Ill to 116 
 
 Indian Children. 
 Not to be included in reports of trustees, .* 144 
 
 Indigent Persons. 
 
 May be exempted from rate bills wholly or in part,.. 107 sub. 10 
 
 Such exemption a charge upon the district, 107 sub. 10 
 
 May be exempted from assessments for fuel, 131 
 
 Inhabitants of School Districts. 
 
 Notice of formation of districts and time and place for first meet- 
 ing to be given to one of, by town superintendents, and 
 
 renewed if ineffectual, 80, 81 
 
 Such inhabitant to notify others and how, 81 
 
 Penalty for refusal or neglect, 82 
 
 Inhabitants required to assemble in pursuance of such notice, . . 83 
 
 Qualification of voters at district meetings, 84, 85 
 
 Penalty for illegal voting, 86 
 
 General powers of, when legally assembled, 87 
 
 May call special meetings in certain cases, 91 
 
 May direct sale of site or purchase of new one, 99 
 
 May direct division of public money into portions applicable to 
 
 different terms, 107 
 
 To direct the raising of deficiencies in tax lists and rate bills, 109 
 
 Who exempt from taxes for building school house, 123 
 
 Fuel how and when to be furnished by, 131 
 
 Appeals to superintendent from proceedings of, 157 
 
 May levy taxes for the purchase or lease of a suitable site for 
 school house, to build, hire or purchase such school house, 
 keep in repair and furnish the same with necessary fuel 
 and appendages, and for the purchase of a district libra* 
 
 ry, 87, 158 
 
 May dissolve joint district in certain cases, 71 
 
 Certain non-residents to be deemed taxable inhabitants,.. 110, 116 
 
INDEX TO STATUTES. 55 
 
 No. 
 
 Inspectors of Common Schools. 
 See Town Superintendents. 
 
 Instructions. 
 
 i ' 
 
 See Forms and Instructions. 
 
 i*& 3. 
 
 Joint Libraries. 
 How and when to be formed, 166 % 
 
 Joint Districts. 
 
 Powers and duties of town superintendents in formation, regu- 
 lation and alteration of, 7 J 
 
 Proceedings for dissolution of, when major part of town super- 
 intendents neglect when duly notified to attend meeting 
 
 for alteration, &c. , of, 69 
 
 Trustees of, to make reports, what to contain, 149 
 
 See Trustees of School Districts Inhabitants of School 
 Districts. 
 
 Justices of the Peace. 
 
 May accept resignation of town superintendents and fill vacan- 
 cies in office, 27 
 
 To give notice thereof to district clerk or one of the trustees, 28 
 
 *I { ,..,. . . :* *fc*4fr W-r^v/-' '.v*$ IM ^ & 
 
 T. 
 
 ,.; t 
 
 Libraries. 
 See District Libraries. 
 
 Librarian. 
 See District Librarian. 
 
 Library Moneys. 
 
 Appropriation for, from revenue of U. S. Deposite Fund, .... 161 
 How to be distributed and applied, 161 
 
56 INDEX TO STATUTES. 
 
 Wo, 
 
 M. 
 
 Maps. 
 Taxes for purchase of, may be imposed, . . . r . 87 
 
 Minors. 
 
 Parents or guardians of, when and to what extent liable for 
 fines imposed for loss of, or injury or destruction to books 
 in district library; how such liability may be avoided,*.. 164 
 
 N. . % 
 
 New Towns. 
 Apportionment how to be made on erection of, .. .. . 10 
 
 New-York, City of. 
 
 Chamberlain when to apply for school moneys, ............ 16 
 
 County clerk when to lay apportionment of before common 
 
 council, 19, 16 
 
 Corporation to raise equal sum, 20 
 
 Non- Residents. 
 
 Certain lands belonging to, taxable, 1 10 
 
 Lands f, when unoccupied to be described and valued by trus- 
 tees in making out tax list, 114 
 
 Collector to deliver account of unpaid taxes against, to trus- 
 tees, 115 
 
 Trustees to transmit same to county treasurer, 116 
 
 Treasurer to advance amount, 1 17 
 
 Board of supervisors to levy the same on county,.,. . .... 11& 
 
 Owner may pay, before amount levied, 119- 
 
 Amount, how collected by supervisors, 120 
 
 Property occupied by agents or servants of non-resident own- 
 ers, taxable to owners, 112 
 
 Trustees may prosecute for balance due on tax list or rate bill, 137 
 
 Children of, not to be included in report of trustees,. 143 
 
 Notice. 
 
 Of annual and special meetings, when, by whom and how to 
 
 be given, 79, 80, 106, sub. 2 and 4, 107, sub. 2 
 
INDEX TO STATUTES. 57 
 
 No. 
 
 Proceedings not affected by defect of, unless wilful and fraud- 
 ulent, 94 
 
 o. 
 
 Officers of School Districts. 
 
 How and when elected, 87,91,92,93 
 
 See Trustees of School Districts District Clerk District 
 Collector District Librarian. 
 
 Organization of School Districts. 
 Proceedings for, 68, 69, 81 
 
 p. 
 
 Penalties and Forfeitures. 
 
 Suit for, when to be brought by town superintendent, . 24, 33, 47, 
 
 48, 49, 54, 148, 155 
 
 supervisors, 45, 49, 173 
 
 trustees, ....127, 151, 152, 153, 159, 163, 181, 182 
 
 Incurred by town superintendents, for neglect to make report, 47 
 
 for neglect to furnish certain information, 45 
 
 by inhabitants, for refusal or neglect to serve certain 
 
 notices, 82 
 
 for illegal voting at district meetings, 86 
 
 for refusal to serve as district officers when chosen, or 
 
 neglect to discharge duty 104 
 
 by trustees for making false reports, 148 
 
 for refusing to account and pay over balances to suc- 
 cessors, 154 
 
 by collector for negligence in executing warrant,. . . 126 
 
 county clerk for omitting to report, 170 
 
 commissioners, trustees and district clerk, for omis- 
 sion to perform certain duties, 173 
 
 trustees for neglect or omission in the care and super- 
 intendence of district library, 163 
 
 librarian for neglect of duty, 162, 180 
 
 Property of School Districts. 
 
 Proportion due to new districts how ascertained, raised and ap- 
 plied, 72,73,92,93,94 
 
58 INDEX TO STATUTES. 
 
 No. 
 Proportion due to inhabitants of consolidated and dissolved 
 
 districts how ascertained, raised and applied, 75, 76, 95, 96, 97 
 Trustees to keep accounts and statements of, in a book to be 
 
 provided for that purpose, 129 
 
 To be held by trustees as a corporation, 149 
 
 How and when to be disposed of, 99, 100 
 
 See School Money District Library Site of School House. 
 
 Public or School Money. 
 See School Moneys. 
 
 Q. 
 
 ***'. - 
 
 Qualifications of Teachers. 
 
 See Teachers. 
 
 Inspection by town superintendents, 58, 64 
 
 Qualifications of voters at district meetings, 84, 85 
 
 R. 
 
 Rate Bills. 
 
 For payment of teachers' wages how made out, 107 subs. 8, 9, 10, 
 
 11, 12, 13, 14, 109 
 
 Errors and omissions in, how supplied, . 138 
 
 Amount due for fuel furnished by trustees in certain cases to 
 
 be added to, ^ 133 
 
 Indigent persons to be exempted from wholly or in part, 107 sub. 10 
 Warrant for collection of, how to be made out and what to con- 
 tain 136 
 
 Effect of, and how enforced, .... 136 
 
 Power of collector in execution of, 128 
 
 When and how to be renewed, 137, 138 
 
 Record Book. 
 
 Tax may be voted for, .**..... 129 
 
 See Blank Books. 
 
 Regulations. 
 Relative to District Libraries See District Libraries. 
 
 Renewals of Warrants. 
 How made, 137, 138 
 
INDEX TO STATUTES. 
 
 . 
 
 Repairs to School House. 
 Tax may be voted for, ................................. 87 
 
 Residents., 
 What children to be deemed, .................... ....... 143 
 
 Resignations. 
 
 Of district officers, how made, ......................... 105 
 
 Notice of, to whom given, effect of, ...................... 105 
 
 . 
 S. >*ii- 
 
 . ' V Y"* Y 
 
 School Jlcts. 
 
 Provisions for publication and circulation of, with forms and in- 
 
 structions, &c., ...................... 12 to 14, 185, 186 
 
 School Districts. 
 
 How formed and organized, .................... 33, 68 to 78 
 
 Alterations of, without consent of trustees, when to take ef- 
 
 fect, ..................... , ..................... 70 
 
 Apportionment of public money to, .... 33 subs. 6, 7, 34, 35, 36 
 
 38, 39, 40, 41 
 Proceedings on formation of, from one or more districts pos- 
 
 sessed of school house or other property, .... ...... 72 to 76 
 
 Consolidation or dissolution of, effect of as to district proper- 
 
 ty, ......................................... 75 to 78 
 
 Appeals to superintendent from proceedings of, &c., ........ 157 
 
 See Inhabitants of School Districts. 
 
 School House. 
 
 Taxes for purchase or hiring, repairs and furnishing, &c., of, 
 
 may be voted, ............... . . . . , .......... sub. 5, 87 
 
 Not to exceed $400 without certificate of commissioners, .... 97 
 
 May be sold on change of site, .......................... 99 
 
 Proceeds of sale how to be appropriated, ................. 100 
 
 Sale of, on formation of new district and application of pro- 
 
 ceeds, ... .............. , ...................... 72, 73 
 
 To be built, hired or purchased, kept in repair and furnished 
 
 with necessary fuel and appendages by trustees, ........ 107 
 
 Trustees to have custody of, ............................ 107 
 
 Who exempt from taxes for building, .................... 123 
 
60 INDEX TO STATUTES. 
 
 __^ t t^.^.' No - 
 
 Rooms to be temporarily hired by trustees, when necessary for 
 
 the accomodation of scholars, 145 
 
 Not to be removed while district remains unaltered, without 
 
 consent of town superintendents and a two-third vote,. . . 98 
 
 See Site for School House. 
 
 School Meetings. 
 
 See Inhabitants of School Districts Annual Meeting Special 
 Meeting. 
 
 School Money. 
 
 Apportionment of, by superintendent, 5 to 11 
 
 To be paid by comptroller to county treasurer, 15 
 
 Treasurer when to apply for, 16 
 
 to give notice of, to town sup'ts, 17 
 
 to retain moneys not called for and add to distribution 
 
 of ensuing year, 18 
 
 County clerk to transmit certified copy of apportionment of, to 
 county treasurer and clerk of supervisors, to be laid be- 
 fore board, 19 
 
 Board of supervisors to raise equal amount, 20 
 
 Town collector to pay over amount collected to commissioners, 21 
 when to pay to county treasurer, to be by him appor- 
 tioned, 22 
 
 Omission of supervisors to raise necessary amount how reme- 
 died, 23 
 
 Clerk of supervisors to transmit to Superintendent copies of 
 
 resolutions relating to, 24 
 
 When and how to be withheld from distribution by Comptrol- 
 ler and Superintendent, 24 
 
 Town superintendents when to apply for and receive from 
 
 county treasurer, sub. 5, 33 
 
 when and how to apportion, 6, 7 
 
 when to withhold from district, 35, 36, 38 
 payment by, when ordered by superin- 
 tendent, 39 
 
 when to apportion to districts formed 
 
 or altered after date of annual report, 40 
 when to apportion to districts formed 
 at such time previous to 1st of Jan. 
 as to be unable to comply with law, 41 
 to add moneys remaining on hand for 
 
 one year to next apportionment,. . . 42 
 to return to county treasurer moneys 
 
 remaining on hand for two years,. 43 
 to report amount received, and how 
 expended, subs. 6, 7, 44 
 
INDEX TO STATUTES. 61 
 
 No. 
 
 Town superintendents when distribution to be withheld by 
 
 superintendent for neglect of, to re- 
 port, 47 
 
 amount so withheld to be forfeited by 
 
 town superintendents, 48 
 
 to bo prosecuted by supervisor for,. . 49 
 to keep account of moneys received 
 and expended, and lay before town 
 
 auditors, . . . . 50 
 
 to account and pay ovei to successors, 51, 52 
 to recover moneys in the hands of of- 
 ficers of annulled district, *J7 
 
 Trustees to divide into portions when authorized by vote of dis- 
 trict ; how to be applied, 107 sub. 9 
 
 to keep accounts and statement of, 129 
 
 to prosecute for, when withheld by town superin- 
 tendents, , 1 39 
 
 to account and pay over to successors, 150, 15 1 
 
 remedies against, and forfeitures for neglect, 152, 153, 154 
 Penalties and forfeitures incurred by town superintendents, 
 trustees and clerks of districts for loss of, by wilful neg- 
 lect of duty, 173 
 
 Portion of, to be applied to schools for colored children, 184 
 
 Library money how applied, 161 
 
 f Seals. 
 Not required to warrants, 135 
 
 Separate Neighborhoods. 
 
 When to be formed into districts, 33 
 
 Condition of apportionments of public money to, 38 
 
 Inhabitants to choose one trustee, duty of, 147 
 
 Penalty for false report, 148 
 
 Site for School House. 
 
 Inhabitants may designate and impose tax for purchase or lease 
 
 of, 87 subs., 4, 5 
 
 with the consent of coiniuissioners may designate 
 and lay tax for purchase or lease of two or more, 
 
 87 sub. 8 
 
 Not to be changed while district remains unaltered but by con- 
 sent of commissioners and concurrence of two-thirds of 
 
 taxable inhabitants by ayes and nays, 98 
 
 May be sold by trustees on change of, 99 
 
 Proceeds of sale how to be appropriated, 100 
 
62 INDEX TO STATUTES. 
 
 * 
 
 No. 
 Sale of, on formation of new district and application of pro- 
 
 i TO 
 
 ceeds, '* 
 
 To be purchased or leased by trustees, 107 
 
 i 
 Special Meetings. 
 
 May be called by trustees, 94 
 
 Proceedings of, not vitiated by defect of notice unless wilful 
 
 and fraudulent, 94 
 
 Powers of inhabitants when legally assembled,.. 87, 99, 109, 158 
 To be called by clerk for election of officers, when annual 
 
 meeting is neglected to be held, 
 
 Notice of, by whom and how to be given, . . 89, 106, 107 
 
 When to be called by town superintendents for the dissolution 
 
 of joint districts and powers of, 
 
 Appeals from proceedings of, to superintendent, 157 
 
 Qualifications of voters at, , 84 } 85 
 
 To be called by superintendent in certain cases, 92 
 
 State Treasurer. 
 To pay school money to county treasurers, &c., 15 
 
 Suits by Town Superintendents. 
 
 For penalties and forfeitures when to be brought, 33, sub. 8 
 
 For balances in the hands of predecessors, 48, 54 
 
 For moneys belonging to annulled districts, 77 
 
 Suits against Town Superintendents. 
 
 To be prosecuted by successors for balances, &c., 54 
 
 Costs not recoverable in certain cases, 174 
 
 Suits by Trustees. 
 t . 
 May be brought against inhabitants refusing to furnish fuel in 
 
 certain cases, 133 
 
 On securities taken on sale of school house and site, 99 
 
 For balance due from non-residents on tax lists or rate bills, . . 137 
 
 For money withheld from districts by town superintendents,.. 139 
 
 For balances due from predecessors, 153, 154 
 
 For forfeitures and balances due from collector, 127 
 
 For fines for injury to books in district library, 164 
 
 For fines against inhabitants for illegal voting, 86 
 
 For injury to books by neglect of predecessors, , 163 
 
INDEX TO STATUTES. 63 
 
 No. 
 Suits against Trustees. 
 
 For balances due to successors, 153, 154 
 
 Costs not recoverable in certain cases, . . . . . ...... .. 174 
 
 Supervisors of Towns. 
 
 To prosecute town superintendents for forfeitures, 48, 49 
 
 See Board ot Supervisors. 
 
 Superintendent of Common Schools. 
 
 Annual report of, what to contain, 1 
 
 May appoint a general deputy, powers and duties of 2 
 
 May appoint visiters of common schools, their duties, 3 
 
 May grant certificates of qualifications, 4 
 
 Acts and decisions of, how authenticated, . $ 
 
 Apportionment of school money by, when and how to be 
 
 made, 6 to 11 
 
 To direct apportionment to districts in case of accidental omis- 
 sion to comply with law in certain cases, 39 
 
 To prepare forms, regulations and instructions, 12, 44, sub. 8, 
 
 164, 185 
 
 Expenses of, how audited and paid, 14 
 
 In conjunction with comptroller to withhold public money in 
 whole or in part from counties, for omission to raise 
 
 amount required by law, 24 
 
 May order meetings for election of district officers in certain 
 
 cases, 92 
 
 May consent to correction of errors in tax lists and rate bills, . . 138 
 
 Appeals to, 157, 165 
 
 To prosecute county clerk for forfeiture incurred by neglect to 
 
 make annual report, 171 
 
 To appoint trustees of school for colored children in certain 
 
 cases, 1 84 
 
 To cause school laws to be published and transmitted to the 
 several districts, officers, &c., with forms and instruc- - 
 
 tions, ,.... 185, 186 
 
 To prescribe regulations for the government of district libra- 
 ries, 164 
 
 To select libraries for districts in certain cases, 168 
 
 To consent to formation of joint libraries, 166 
 
 T. 
 
 Taxes. 
 
 For purchase or lease of site, building, purchasing or hiring 
 
 school house, repairs, fuel and appendages, 87 sub. 5, 6 
 
 ... t ... > ...... 
 
64 INDEX TO STATUTES. 
 
 No. 
 
 For purchase or lease of sites for two or more school houses, 
 hiring, building or purchasing such houses; keeping in re- 
 pair and furnishing the same with necessary fuel and ap- 
 pendage, and for maps, globes, blackboards and other 
 
 school apparatus, 87 sub. 8 
 
 For record book, 87 sub. 7 
 
 For hire of room temporarily for accommodation of children 
 
 attending school, when necessary, 145 
 
 For blank books of account, and for teachers' list, 129 
 
 To be imposed by trustees for expenses incurred by authority 
 of law, or expressly charged upon districts by any provi- 
 sion oHaw, 1 34 
 
 For deficiency in collection of tax lists or rate bills, 109 
 
 Certain inhabitants exempt from, for building school house,. . 123 
 Tenant at will or for years to charge landlord or owner, ...... 113 
 
 For district library and book case, ..... 158 
 
 Appeals from imposition of, to superintendent, 157 
 
 How assessed. See Tax List. 
 How collected, 107 sub. 14, 124, 125 
 
 Tax List. 
 
 To be made out by trustees, what to co/itain, 107, sub. 3 
 
 How to be apportioned on taxable property, 110 
 
 On real estate of non-residents situate in district, 110 
 
 What tracts or parcels may be omitted, 110 
 
 Unoccupied land of non-residents to be described, 1 10 
 
 Taxes on how collected, 114, 115, 116, 117, 120 
 
 Persons working land on shares deemed possessors, Ill 
 
 Persons owning property in district occupied by servants or 
 
 agents, taxable as residents, 112 
 
 Valuation of property to be obtained from last assessment roll 
 
 of town; reductions when to be .claimed, 121 
 
 Proceedings when reduction claimed and where valuations can- 
 not be ascertained from last assessment roll, 122 
 
 Certain inhabitants exempt from taxation for building school 
 
 house, 123 
 
 Tax list when to be made out, 124 
 
 When trustees authorized to make, without vote of inhabitants, 134 
 
 Deficiencies in collection of, how supplied, 109 
 
 Appeals to superintendent from, 157 
 
 Errors in, may be corrected by trustees with approbation of 
 
 superintendent, 138 
 
 For expenses incurred by trustees in preservation of library,. . 162 
 
 Teachers. 
 
 Who may be employed as, 37 
 
 Trustees to contract with and employ, 107 3 sub. 7 
 
INDEX TO STATUTES. 65 
 
 No. 
 
 How to be paid, 107, sub. 8, 9, 10, 11, 12, 14 
 
 Lists by, how to be kept and verified, 129 
 
 Forms for, to be provided by Superintendent, 185 
 
 To keep account of the number of times school has been visi- 
 ted by town superintendent, . . . . . 129 
 
 Blank book to be provided by trustees for, 129 
 
 Certificates of qualification to be given to, by town superinten- 
 dent, .' 61 
 
 Certificates to continue in force for one year, . . . . . 37 
 
 May be annulled by town superintendent, 62 
 
 Must be obtained before commencement of term, 36 
 
 Examination of, how to be conducted, 59, 60 
 
 May be re-examined by inspectors, and certificate annulled on 
 
 notice, 63 
 
 In cases of joint districts, the town superintendent of the town 
 in which the school house is situated, must grant and annul 
 
 certificate, 65 
 
 Four superintendents to inquire into government, discipline 
 and course of instruction of, and to recommend proper stu- 
 dies, discipline and text books, 67 
 
 : pHpK c*fv>*: 
 
 Tenants. 
 
 At will or for years, may charge owner with certain taxes paid 
 
 by, 113 
 
 Towns. 
 
 Apportionment how to be made by superintendent on erection 
 
 or division of, . 10 
 
 Town Clerks. 
 Powers and duties of, 57 
 
 Town Collector. 
 
 To collect an.d pay over school moneys to commissioners, . . .20, 21 
 When to pay such moneys to county treasurer, 22 
 
 Town Superintendents of Common Schools. 
 
 Notice to be given to, by county treasurer of the amount of 
 school money apportioned to town of, and to hold such 
 
 amount subject to order of, 17 
 
 To form, regulate and alter districts, 33 sub. 1 
 
 To set off separate neighborhoods, do 2 
 
 To describe and number districts and deliver descrip- 
 tions and numbers to town clerk, do 3, 4 
 
 5 
 
66 INDEX TO STATUTES. 
 
 No. 
 To apply for and receive school moneys from county 
 
 treasurer and town collector, 33 sub. 5 
 
 When and how to apportion school moneys, do 6, 7 
 
 To sue for, collect and apply penalties and forfeitures,. . do 
 
 Formation, &c., of joint districts, 69 
 
 To give notice in writing of alterations made in any district 
 
 without the consent of trustees, 70 
 
 Such alterations not to take effect until the expiration of three 
 
 months alter such notice to trustees, 70 
 
 When to withhold public moneys from districts, failing to com- 
 ply with certain provisions of law, 35, 36, 38 
 
 Superintendent may direct apportionment in cases of accident- 
 al omission of trustees to report according to law, &c.,. . 39 
 To apportion public money to districts formed or altered after 
 the time when annual reports are required to be dated, and 
 so short a time before the 1st January, as to be unable to 
 
 comply with law, 40, 41 
 
 To add moneys remaining in their hand for one year after ap- 
 portionment, to the moneys next thereafter to be appor- 
 tioned, 42 
 
 To return moneys remaining in their hands for two years to 
 
 county treasurer, 43 
 
 When to make annual report and what to contain, 44, 184 
 
 Forfeitures for neglect to make such report within the time re- 
 quired by law, 45, 47 
 
 Share of school money belonging to town may be withheld by 
 
 superintendent for such neglect, 47 
 
 Town superintendent liable for amount with ii.terest, 48 
 
 Supervisor to prosecute therefor, 49 
 
 Town superintendents to keep account of all moneys received 
 and expended by them, and to lay the same before board 
 
 of town auditors at their annual meeting, 50 
 
 To account to their successors within fifteen days after termi- 
 nation of their offices, such account to be filed with town 
 
 clerk, 51 
 
 To pay over balances remaining on hand, 52 
 
 If balance appropriated, statement to be made thereof, . 53 
 
 Successors to recover unpaid balances previously accruing,. . . 54 
 In case of death of town suprintendent, suits to be brought 
 
 against representatives, 54 
 
 Town superintendents authorized to take and hold in their 
 corporate capacity, property transferred to them for the 
 
 use of common schools in their town, 55 
 
 To be inspectors, 58 
 
 Their duties as such, 59 to 67 
 
 Compensation of, and how paid, 56 
 
INDEX TO STATUTES. 67 
 
 No. 
 
 On formation of district, town superintendents to give notice 
 
 of first meeting, 79 
 
 To renew the same if not effectual, or in case of subsequent dis- 
 organization, SI 
 
 Not eligible as trustees, 30 
 
 Consent of, to be given where two or more sites for district 
 
 school house are designated, 87 
 
 Proceedings of, where major part of town superintendents 
 when duly notified neglect to attend at a joint meeting for 
 the purpose of altering joint district, 71 
 
 Consent of, in writing required to change of site or removal of 
 
 school house, while district remains unaltered, 98 
 
 To sell at public auction district property on the formation of 
 
 new districts, 72 
 
 Proportion of new district how to be ascertained, 73 
 
 To appraise and apportion property of dissolved districts, .... 76 
 
 To demand and recover moneys belonging to annulled districts, 
 and apportion the same among the districts to which in- 
 habitants have been annexed, 77 
 
 To fill vacancies in district offices when not supplied by a dis- 
 trict meeting within one month, 102 
 
 Remedies againstj by trustees when money due their district is 
 
 withheld, 139 
 
 Treasurer. 
 
 See State Treasurer County Treasurer. 
 
 ..... 
 
 Trustees of School Districts. 
 
 Alterations of districts, without consent of, not to take effect 
 until the expiration of three months after notice in writing 
 
 to, . 7 70 
 
 To prosecute for fine imposed for illegal voting, 86 
 
 To be chosen at district meeting, 87, sub. 3 
 
 Town superintendents ineligible as, 30 
 
 Ineligible as district clerk, 30 
 
 In case of removal, vacancy in office of, or neglect or refusal 
 of to call meetingSj such meeting to be ordered by super- 
 intendent, 92 
 
 In case of omission of, to call special meeting for election of 
 officers within twenty days after time for annual meeting, 
 
 such meeting may be notified by any inhabitant, 91 
 
 To appoint time for annual meeting in certain cases, 93 
 
 To call special meetings, 94, 107, sub. 1 
 
 Deeds to be given by, on sale of site, effect of, 99 
 
 Security for purchase money to be taken and held by, as a cor- 
 poration, and accounted for to successors, 99 
 
68 INDEX TO STATUTES. 
 
 ' NO. 
 
 Suits to be brought by, on such securities, 99 
 
 Avails of sale how to be applied, 100 
 
 When two or more districts are united, trustees to sell site and 
 
 school house not required by such united districts, 75 
 
 Proportion of district property belonging to inhabitants of dis- 
 solved district, to be raised by in certain cases; to whom 
 
 paid and how applied, 76 
 
 Town superintendents to prosecute for and recover moneys in 
 
 the hands of officers of annulled districts, ....... 77 
 
 Term of office of, 88 
 
 Vacancies, how filled, 102, 103 
 
 Forfeiture of for refusal to serve, and neglect, 104 
 
 Resignations of, to whom and how made, 105 
 
 To give notice of district meetings in certain cases, . . .107, sub. 2 
 
 To make out tax list and warrant, do 3, 4 
 
 To purchase or lease site for school house,'. do 5 
 
 To build, hire or purchase, keep in repair and furnish 
 school house with fuel and appendages, from funds 
 
 provided, do 5 
 
 To have the custody of school house, do 6 
 
 To contract with and employ teachers, . . . ; iJo 
 
 How to pay the wages of such teachers, do 8 
 
 To divide public money into portions applicable to dif- 
 ferent terms, when authorized by district, do 9 
 
 To exempt indigent persons wholly or in part, do 10 
 
 Such exemption to be a charge on the district, do 10 
 
 To certify such exemptions to district clerk, do 11 
 
 To ascertain inhabitants liable on rate bill from teachers' 
 
 lists, do 12 
 
 To make out rate bill and warrant and deliver to collector, do 13, 14 
 
 Seals not necessary to warrants, 135 
 
 Deficiency in tax list or rate bill, how supplied, 109 
 
 Tax list how to be apportioned by, 110 
 
 Non-resident unoccupied property to be described, 114 
 
 Collectdr to deliver to, account of unpaid taxes on such pro- 
 perty, and to be credited amount thereof, 115 
 
 Trustees to certify and transmit account to county treasurer,. . 216 
 
 County treasurer to pay amount to, ... * 117 
 
 Certain non-resident owners of real estate to be regarded as in- 
 habitants, 112 
 
 Certain occupants to be deemed possessors, , Ill 
 
 Valuations to be ascertained from last assessment roll of town, 
 
 reductions when to be claimed, 121 
 
 Proceedings of, when reduction claimed, or valuation can not 
 
 be ascertained from last assessment roll, 122 
 
 Certain inhabitants to be exempted by, from tax for building 
 
 school house, * 123 
 
INDEX TO STATUTES. 69 
 
 No* 
 
 Taxes to be assessed by, within one month, 124 
 
 To procure blank books of account, and for teachers' lists, &c., 
 
 to preserve and deliver to successors, 129 
 
 To determine proportion of fuel to be furnished by inhabitants 
 
 sending to school in certain cases, 131 
 
 To furnish fuel, on neglect of such inhabitants to provide the 
 same ; and charge such inhabitants the amount paid there- 
 for, 132 
 
 To add such amount to rate bill, or prosecute therefor, 133 
 
 To raise by tax amount of expenses incurred by them for dis- 
 trict or charged by law upon such district, 134 
 
 Warrants of, for collection of tax lists and rate bills, what to 
 
 contain, 136 
 
 How enforced, 136 
 
 To renew warrants in certain cases; or to prosecute for amount 
 
 unpaid, 137 
 
 To renew such warrants, and correct and amend errors in tax 
 list or rate bill, and refund money collected, with appro- 
 bation of the superintendent, 138 
 
 To prosecute and recover moneys withheld by commissioners 
 
 from district, , 139 
 
 When to make annual report, 140 
 
 Report of, what to contain, * 141 
 
 Certain children not to be included in, 142 
 
 Children to be included in, as residents, 143 
 
 Such children entitled to attend schools : and trustees empow- 
 ered to hire additional rooms for their accommodation, 
 
 when necessary, 145 
 
 Trustees to joint districts how to report, .... 146 
 
 of separate neighborhoods to report, 147 
 
 Penalty for false report, 148 
 
 To hold property of districts as a corporation, 149 
 
 To account to successors and district on expiration of term of 
 
 office, 150 
 
 To pay over balances to successors, 151 
 
 Forfeiture for neglect to account and pay over, 152 
 
 Successors in office to prosecute therefor, and apply recovery 
 
 to benefit of school, 153 
 
 Remedy of successors for unpaid balances in the hands of pre- 
 decessors ; how recovery to be applied,. 154 
 
 May require bond of collector ; what to contain,. 128 
 
 Collector to account to, for moneys lost to district by neglectj 126 
 To prosecute for forfeitures and balances in hands of collector ; 
 
 how recovery to be applied, 127 
 
 Appeals from decisions and proceedings of, to superintendent, 157 
 Forfeitures of, for neglect of duty generally, and for loss of 
 
 teachers' or library money to district in consequence thereof, 173 
 
70 INDEX TO STATUTES. 
 
 ^__ No, 
 
 Costs not allowed in certain suits against, . 174 
 
 Trustees of colored schools how appointed and duties of, ... 184 
 Copies of school act with forms, regulations and instructions 
 
 to be forwarded to, by superintendent, .... 12, .13, 185, 186 
 To be trustees of district library : their duty as such ; expenses 
 of, in the preservation of books to be raised by tax ; libra- 
 rian to be subject to directions of, and removable by, for 
 
 misconduct; vacancy in, to be filled by, 162 
 
 Liability of, to successors, for loss or injury to books from neg- 
 lect or omission, 163 
 
 Regulations for government of, relative to district library, to be 
 
 furnished by superintendent, 164 
 
 To prosecute for fines for injury to books, &c. ; who liable,.. 164 
 Appeals to superintendent from decisions and proceedings of, 
 
 relative to district library, 165 
 
 To select books for joint library in certain cases, 166 
 
 Property in, to be vested in all the trustees of such district,. . 166 
 
 To divide such library in certain cases, 166 
 
 May, when directed by district, request superintendent to se- 
 lect library, ? . 168 
 
 >40<p', I 
 
 V 
 
 Valuation of Taxable Property. 
 
 To be ascertained from last assessment roll of town, 121 
 
 Reductions when to be claimed, 121 
 
 Proceedings on such claim, and where valuations cannot be as- 
 certained from last assessment roll, 122 
 
 Visiters of Common Schools. 
 May be appointed by superintendent ; duties and powers of, . . 3 
 
 Voters at District Meetings. 
 
 Qualifications of, and challenges to, 84, 85 
 
 Penalty for false declaration on challenge, and for illegal vot- 
 ing, 86 
 
INDEX TO STATUTES. 71 
 
 No. 
 
 w. 
 
 Warrants. 
 
 To be annexed by trustees to tax lists and rate bills,.... 107, 124 
 
 Seals to, not necessary, ' 135 
 
 What to contain, and effect of, 136 
 
 Powers and duty of collector in execution of, ...... 125, 127, 128 
 
 Renewal of, 137, 138 
 
 What property exempt from operation of, 399 (note.) 
 


 INSTRUCTIONS 
 
 CONCERNING THE DUTIES OF THE VARIOUS 
 
 COUNTY, TOWK AM) DISTRICT OFFICERS, 
 
 * 
 
 A 'SI) OF THE 
 
 INHABITAXTS OF DISTRICTS, 
 
 Under the Laws relating to Common Schools. 
 
 BOARD OF SUPERVISORS, 
 
 It is their duty as a board, to add to the sums of money to be 
 raised in each town for other purposes, a sum equal to that which 
 shall have been apportioned to such town, by the Superintendent, 
 See No. 20 of Laws. For a neglect of this duty, in addition to 
 other responsibilities, they are liable individually to a penalty of 
 $250. 16, Title 2, chap. 12, part 1, Revised Statutes. 
 
 It is understood that in some counties this duty is not performed 
 by the board, but that the clerk, or each supervisor for his town, adds 
 to the assessment roll the requisite sums. This practice is entirely 
 unauthorized, and may occasion serious questions respecting the le* 
 gality of the assessment. There should be a formal resolution enter* 
 ed on the minutes, in a form similar to the following. 
 
 Resolved, That there be raised, levied and collected on the sev- 
 eral towns of this county, the sums following, set opposite to the 
 name of each town, for the support of common schools therein, 
 during the ensuing year; the said sums being equal to those appor- 
 tioned to the said towns respectively, by the Superintendent of 
 common schools from the income of the common school fund, and 
 the means provided for that purpose; and that the said sums be ad- 
 ded to the amounts directed to be raised on such towns for other 
 purposes, and be included in their respective assessment rolls. 
 
74 CLERKS OF BOARDS OF SUPERVISORS. 
 
 In counties where a larger sum is directed by Jaw to be raised 
 upon certain cities, as upon Albany, Brooklyn, Buffalo, Rochester, 
 &c., the resolution will be varied accordingly, by adding, " and that 
 there be raised, levied and collected on the city of for the 
 
 same purpose, the sum of in pursuance of the several sta- 
 
 tutes of the Legislature," (" and in conformity to the resolutions of 
 the common council of said city," in cases where such resolutions 
 are required.) 
 
 Where the electors of any town af their annual meeting have 
 voted to raise a sum of money on their town for the support of 
 common schools, under the third subdivision of original section five, 
 ( 9 in the third edition) of Title 2, Chap. 11, Part first of the Re- 
 vised Statutes, it is important that this sum should be kept distinct 
 from that directed to be raised by the board of supervisors under ori- 
 ginal section 17, of the revised school act, No. 20 of Laws. Other- 
 wise it will not appear whether the county has raised the sum re- 
 quired by law. It is recommended, therefore, that the resolutions of 
 the board of supervisors, directing the raising of the school money 
 voted by a town, be entered separately from that directing the levy- 
 ing of the amount required by law to be raised on such town; and 
 that their warrant to the collector specify the sum voted by the town 
 separately as having been so voted, and direct it to be paid to the 
 town superintendent of the town. 
 
 By 93 and 95 of the act of 1847, (Nos. 118 and 120,) the board 
 of supervisors are directed to cause the amount of unpaid taxes on 
 non-resident, unimproved and unoccupied lands, returned to the trus- 
 tees of the several school districts, and advanced by the county trea- 
 surer, together with seven per cent, in addition thereto, to be levied 
 upon the lands of non-residents, liable to pay the same, and the same 
 proceedings in all respects, are to be had for the collection of the 
 amount so directed to be raised, as are provided by law in relation 
 to county taxes. 
 
 CLERKS OF BOARDS OF SUPERVISORS. 
 
 By No. 24 of the laws respecting common schools, they are to 
 transmit on the last day of December in each year, copies of the re- 
 solutions and proceedings of their boards respecting the raising of 
 money for library or school purposes; and particularly the amount 
 
SUPERVISORS OF TOWNS. 75 
 
 directed to be raised in each town. An omission to furnish the evi- 
 dence of a full compliance with the law may subject a county to se- 
 rious loss. The resolutions and proceedings referred to will all have 
 been passed before the first day of December in each year, so that 
 there can be no excuse for a neglect to transmit the required copies 
 before the last day of that month. 
 
 SUPERVISORS OF TOWNS. 
 
 By No. 173 of the Laws, they are to sue for and collect the pen- 
 alty of ten dollars imposed by that section upon town superintendents 
 and clerks of school districts, for refusing or wilfully neglecting to 
 make any report, or to perform any other duty required by law or 
 by regulations or decisions made under the authority of any statute. 
 The "regulations" referred to are those which the Superintendent is 
 authorised to prescribe by (No. 12;) also those which by chap. 480 
 of Laws of 1847, he may prescribe for the purpose of obtaining in- 
 formation from trustees of school districts and town superintendents, 
 on any subject relating to schools, which he may require (No. 44;) 
 and those also respecting school district libraries, he may make re- 
 specting the preservation and use of the books. (No. 164.) The 
 decisions referred to, are those which the Superintendent is author- 
 ised to make, on appeal to him, under section 132, of the title of 
 the Revised Statutes, as amended by the act of 1847, concerning 
 any matter under the said Title, (No. 157) and also those which the 
 same officer is authorised to make on appeal, under the 140th section 
 of the act, 1847. (No. 165.) 
 
 The success of the schools and of the libraries will depend much 
 on the faithful discharge of the duty thus imposed on supervisors. 
 While it is not to be presumed that they will seek slight and trivial 
 occasions to commence prosecutions, it is at the same time expected, 
 that they will not suffer any instance of wilful neglect or perverse 
 refusal to perform any duty enjoined by law, or by the regulations 
 or decisions of the Superintendent, to pass without applying the re- 
 medy. This is peculiarly a case where lenity to an offender is in- 
 justice to the dearest interests of the public. Officers charged with 
 the sacred trust of superintending the education of the children of 
 the republic so soon to become citizens and of diffusing knowl- 
 edge, by means of the district libraries, ought to make up their 
 
76 TOWN CLERKS. 
 
 minds faithfully to discharge the obligations they have taken upon 
 themselves, or resign their trusts. A single example in a flagrant 
 case, will not only prevent future disobedience, but will tend most 
 effectually to remove the causes of contentions and disturbance, 
 which destroy the peace and harmony of a district, and terminate in 
 breaking up its school. 
 
 COUNTY CLERKS. 
 
 By 16 of the school act, (No. 19,) the county clerk is required 
 to transmit a certified copy of any notice of apportionment of school 
 moneys which he may receive from the Superintendent to the county 
 treasurer, and clerk of the board of supervisors of his county. It is 
 of the utmost importance that this duty should be promptly and 
 faithfully performed; as otherwise, the board of supervisors will be 
 ignorant of the necessary amount of school money to be raised on 
 their county; and it may become necessary either to call a special 
 meeting of the board for this purpose, or to withhold the whole or 
 a portion of the public money from distribution. 
 
 The annual report heretofore required from the county superintend- 
 ents, containing a certified copy of the several reports of commissioners, 
 will hereafter be m^de by the county clerks, in pursuance of 172 
 of the Revised Statutes as amended, (No. 169,) from the reports, of 
 the town superintendents, on file with the county clerk. 
 
 It is the duty of the county clerk, under 144 of the school act, 
 ^No. 172,) in case any of the reports of the town superintendents 
 are behind, on the first day of August, in each year, immediately 
 thereafter to give notice of such neglect to the town clerk, whose 
 duty it is to apprize such town superintendents of such neglect, and 
 require them to make their report. 
 
 (a* vf&i* ton tlhf r 
 
 TOWN CLERKS. 
 
 The town clerk is to receive and keep all reports made to the town 
 superintendents by the trustees of school districts, and perform all 
 the other duties required by 32 of the school laws, (No. 57.) 
 
COUNTY TREASURERS. 77 
 
 COUNTY TREASURERS. 
 
 They are to apply to the Comptroller and Treasurer on the first 
 day of February in each year, for the school moneys apportioned by 
 the Superintendent to their respective counties. The amount they 
 will ascertain from the copy which the county clerk is required by 
 law to furnish them, of the notice of apportionment transmitted to 
 him. 
 
 1. The county treasurer is to draw on the Treasurer of the State, 
 in the following form: 
 
 To the Treasurer of the State of New-York: 
 
 Pay to the order of James Jones, the sum of five thousand seven 
 hundred and five dollars eighty-e'ighf cents, being the amount of 
 school moneys apportioned to the county of Orange by the Super- 
 intendent of Common Schools, to be paid on the 1st day of Febru- 
 ary, 1840. 
 
 Dated this day c f February, 1848. 
 
 Samuel Chase, County Treasurer 
 
 $5,705.68 of the county of Orange. 
 
 2. To this draft should be annexed a certificate by the clerk of the 
 board of supervisors, as follows: 
 
 I hereby certify that Samuel Chase, was at the date of above 
 draft. County Treasurer of the county of Orange. 
 Dated this day ot February, 1847. 
 
 William Thomas, Clerk of the Board of 
 
 Supervisors of the County of Orange. 
 
 3. When the person in whose favor the draft is drawn does not 
 himself present it for payment, he should endorse it, directing the 
 amount to be paid to a person to be named; and if the latter does 
 not present the draft in person he must endorse it to the individual 
 who is to receive the money. It is essential that these endorse- 
 ments should be regularly connected. 
 
 4. The person to whom the draft has been thus endorsed, or the 
 original payee when it has not been endorsed, will present it to the 
 Comptroller, who will attach his warrant on the Treasurer, by whom 
 it will be paid, on taking a receipt from the person thus presenting 
 
78 COUNTY TREASURERS. 
 
 it. If these instructions are followed, and particular attention paid 
 to having the endorsements all regular, no difficulty will be expe- 
 rienced. 
 
 Immediately on receiving such moneys, they are to " give notice 
 in writing to the town superintendent of common schools of each 
 town, and to one or more of the commissioners of common schools 
 of each city in the county, of the amount apportioned to such town 
 or city." 
 
 Of the whole amount which will be received from the Comptrol- 
 ler, on the 1st of February, 1848, and in each year thereafter for the 
 ensuing three years, until the apportionment is altered, one-fifth part 
 is to be applied to the purchase of district libraries: that being the 
 proportion of money appropriated .by the State for that purpose. It 
 is recommended to the county treasurers, that in making their pay- 
 ments to the town superintendents of common schools, they desig- 
 nate the exact sum, which is one-fifth of the whole, and specify it 
 as " library money," and the residue is " teachers' money." 
 
 By 92 am! 93 of the act of 1847, (Nos. 117 and 118,) the 
 county treasurer, on receiving from the trustees of any school dis- 
 trict an account, affidavit and certificate of unpaid taxes assessed on 
 unoccupied and unimproved non-resident lands, as particularly speci- 
 fied in the preceding sections, (Nos. 114, 115, 116,) is to pay the 
 amount so returned out of any moneys in the treasury raised for con- 
 tingent expenses; and to lay such account, affidavit and certificate, 
 before the board of supervisors of his county, who are to cause the 
 amount so paid, (unless previously refunded to the county treasurer by 
 the person liable, 94, No. 119,) to be levied upon the lands of such 
 non-residents in the same manner with other contingent charges of 
 the county. If the amount so advanced by the Treasurer cannot be 
 collected of the persons liable to pay, the Comptroller is to refund 
 the same, and sell the land in the usual manner for arrears of taxes. 
 
 
TOWN SUPERINTENDENT. 79 
 
 TOWN SUPERINTENDENT OF COMMON SCHOOLS. 
 His duties relate to, 
 
 1st. The division of his town into school districts, the alteration, 
 regulation and description of them: 
 
 2d. The receiving and dividing the public school moneys among 
 those districts: 
 
 3d. The collection of certain penalties and forfeitures: 
 4th. The inspection of schools and licensing teachers: 
 5th. The making of annual reports to the county clerk 
 
 By 43 of the act of 1847, it is provided that in the erection or 
 alteration of any school district, the trustees of any district to be 
 affected thereby, may apply to the supervisor and town clerk to be 
 associated with the town superintendent; and their action shall be 
 final unless duly appealed from: the compensation of the supervisor 
 and town clerk when thus associated, shall be the same as that of 
 town superintendent. 
 
 So much depends upon the proceedings of the town superintend- 
 ent and his associates, that too much care cannot be taken to insure 
 their regular entry by the town clerk in his book of minutes. Their 
 resolutions are valid, although not recorded, and thus the legality of 
 proceedings by trustees and inhabitants of school districts may be 
 affected without their knowledge. It is therefore earnestly recom- 
 mended to these officers to require from the town clerk the perform- 
 ance of the duty enjoined on him by law, of recording all their pro- 
 ceedings; and in no case to adjourn without personally examining 
 the minutes of their proceedings as entered in the book kept for that 
 purpose. In no other way can their preservation be secured, or their 
 accuracy insured. 
 
TOWN SUPERINTENDENT. 
 
 1 . Proceedings in the formation or alteration of School 
 
 Districts. 
 
 As it is presumed that the present arrangement of school districts 
 comprises all the territory of the state, required to be thus organized, 
 the future formation of districts will necessarily interfere with those 
 already existing; and consequently the provisions of law relating to 
 the alterations of districts will be applicable to such proceedings. 
 
 In exercising the discretion vested in them on this subject, it is 
 recommended to the town superintendents to ascertain and consult, 
 as far as possible, the opinions and wishes of the inhabitants of the 
 districts interested. The success of the system depends so much up- 
 on the hearty concurrence of the people, that it is often better to 
 yield an abstract rule, in order to produce unanimity, than by a rigid 
 adherence to what may be in itself proper, produce discord and dis- 
 sention. The good sense of a district may be relied upon, to per- 
 ceive ultimately its true interest, and the loss of time in attaining 
 the desired en*d, is unimportant when compared with the conse- 
 quences of defeating the wishes of a decided majority in a district. 
 These remarks of course are not applicable to those clear and mani- 
 fest cases where great principles are involved, or where the vital in- 
 terests of a district may be endangered by measures which, although 
 temporarily popular, are sure to be ultimately regretted. 
 
 1. Form of a resolution creating a New District. 
 
 At a meeting, &c. 
 
 Resolved^ That a new school district be formed to consist of [the 
 present Districts No. 1 and No. 2 ; or the present District No. 1 
 and a part of District No. 2 ; or parts of Districts No. 1 and No. 
 
 2, as the case may be,J which said new district shall be numbered 
 
 J23,] and shall be bounded as follows : [on the north by the north 
 ine of the town of Trenton ; on the east by the easterly line of the 
 farms and lots of land now occupied by Thomas Jones, William 
 Thomas, &c. ; on the south by the south line of lots No. 56, 57 and 
 58, as designated on the map of said town ; and on the west by the 
 westerly line of the farms and lots now occupied by A, B, C, D, 
 &cj 
 
 The formation of the aforesaid district, involving an alteration of 
 District No. [l and No. 2,] the consent of the Trustees of the said 
 districts to such alteration has been presented to the town superin- 
 tendent, and filed with the town clerk. [Or, if such consent has 
 not been given, the following entry should be made : The formation 
 
TOWN SUPERINTENDENT. 81 
 
 of the aforesaid district, involving an alteration of Districts No. 1 
 and 2, and the consent of the Trustees of District No. 1 to such al- 
 teration not having been given, it is ordered that a notice in writing 
 of the said alteration, signed by the town superintendent be served 
 on one of the Trustees of the said district, by the town superinten- 
 dent.] 
 
 2. The consent of the trustees of the altered district maybe given 
 by endorsing it on a copy of the order, as follows: 
 
 We hereby consent to the alterations made in District No. 1, in 
 the town of Trenton^ by the order of which the within is a copy. 
 Dated, &c. 
 
 ' 5' 1 Trustees o District 
 
 This consent, like all other acts of trustees, should be given at a 
 meeting of the whole, or of a majority, when all have been notified 
 to attend. The statute does not require it to be in writing; but it is 
 advisable to prevent disputes, that a written consent should be filed 
 with the town clerk. 
 
 3. Form of Notice to Trustees not giving their consent to an altera- 
 tion of their District. 
 
 The Trustees of District No. 1, in the town of Trenton, will take 
 notice, that an order was made this day by the town superintendent 
 of common schools of the said town, of which the following is a 
 copy, by which certain alterations in the said district are made as 
 will appear by the said order ; and that such alterations will take 
 effect after three months from the service of this notice. Dated, 8$c. 
 G. H,, Town Superintendent of Common 
 
 Schools of the town of Trenton, 
 [Here insert copy of order of town superintendent.] 
 
 This notice may be served on any one of the trustees; and it will 
 be found useful to have an acknowledgment of the service by tbe 
 trustee receiving the notice, endors'ed on a copy of it, and filed with 
 the town clerk. 
 
 4. Notice of the First Meeting in a District, to organize. 
 
 This is required by law to be given within twenty days after tire 
 formation of any district. If the consent of the trustees of the dis- 
 tricts interested has been g:ven to the alterations covered by the or- 
 
 6 
 
82 TOWN SUPERINTENDENT. 
 
 der, then the notice should be for a day as early as may allow suffi- 
 cient time for general -information. But if it be necessary to give 
 notice of the alteration to the trustees of any district, then the notice 
 for the first meeting should specify a clay subsequent to the expiration 
 of three months after service of the notice of alteration, because the 
 district cannot organize until after that time. 
 
 The notice may be in the following form: 
 
 To , a taxable inhabitant of District No. 23, in the 
 
 town of Trenton. 
 
 The town superintendent of common schools of the town of 
 Trenton^ having by an order, of which the following is a copy, form- 
 ed a new district in the said town, to be numbered 23, consisting of 
 the territory particularly specified in the said order ; you are hereby 
 required to notify every inhabitant of the said district qualified to 
 Tote at district meetings, to attend the first district meeting of the 
 said district, which is hereby appointed to be held at the house of 
 in the said town, on the day of next, 
 
 at 6 o'clock in the afternoon, by reading this notice in the hearing 
 of each such inhabitant, or in case of his absence from home, by 
 leaving a copy of this notice, or of so much thereof as relates to 
 the time and place of such meeting, at least six days before the said 
 time so appointed for the said meeting. Dated, &c. 
 
 t A. B., Town Superintendent of Common 
 
 Schools of the Town of Trenton. 
 
 A copy of the order forming the district. should be annexed to this 
 notice, as the most convenient mode of describing the district, and 
 most likely to prevent errors. 
 
 The inhabitant serving the notice should keep a memorandum of 
 the names of the persons notified by him, specifying the manner of 
 notifying, whether by reading or leaving a copy, or the substance of 
 the notice, at the place of abode of any absent voter; and this me- 
 morandum, certified by him, shouM be delivered to the chairman or 
 clerk of the district meeting and read, that it may be ascertained 
 whether notice has been duly given so as to justify 'the voters in pro- 
 ceeding to the transaction of business; and the original notice and 
 return should be filed with the district clerk, as evidence of the regu- 
 larity of the organization. 
 
 5. If either of the districts from which a new one is formed, is 
 possessed of a school house, or entitled to any other property, as the 
 inhabitants attached to the new district ought to participate in what 
 
TOWN SUPERINTENDENT. 83 
 
 has thus been acquired by their contribution, the town superintend- 
 ent is required, by section 47, [No. 72] of the school laws, to sell 
 the school house and other property of the district divided, at pub- 
 lic auction, giving notice of the sale as required by law, and by 
 48 [No. 73] he is to ascertain the amount justly due to such new 
 district, on account of such property. It will be seen that the stat- 
 ute contemplates the indebtedness as being in all cases to the new 
 district, and .never from it, and this must necessarily be the case. 
 For if a school house should happen to fall within the bounds of 
 the new district, still it belongs to the district by which it was erec- 
 ted, and is to be sold by its trustees. The books in the district li- 
 brary, and all other personal property, are to be sold in like man- 
 ner, as there is no authority for making any partition among the 
 districts, except as provided by 49 [No. 74.] 
 
 The town superintendent having received the proceeds of the. sale 
 of the common property must ascertain the debts owing by the old 
 district, and deduct the same from such proceeds and of the balance 
 remaining, the portion belonging to each district is to be determin- 
 ed according to the taxable property of the inhabitants remaining in 
 the old, and those attached to the new district. The valuations of 
 such property must be taken, as far as possible, from the last assess- 
 ment roll of the town. The amount to which the new district is en- 
 titled, viz., the proportion of the inhabitants attached to it, having 
 thus been ascertained, the town superintendent is to pay over the 
 share belonging to the new district to the trustees thereof. 
 
 The money thus received by the new district is not to be paid to 
 the individuals whose portions have been ascertained, but is to be 
 applied by the trustees receiving it, towards procuring a school 
 house. 
 
 It should be borne in mind, that this sale and distribution of the 
 value of the property on hand, is to be made only when a new dis- 
 trict is formed ; and that the statute does not apply to the case of the 
 mere alteration of a district, by the annexation of one or more in- 
 habitants from another district. 
 
 Where money is on hand, the town superintendent will, upon 
 proper application, cause an equitable apportionment of it to be 
 
 made between the new and old districts. 
 
 
84 TOWN SUPERINTENDENT. 
 
 / . . 
 
 6. By 51 oi the act of December 15th, 1847, (No. 76.) a simi- 
 lar sale of the property belonging to a dissolved district is to be 
 made; as in that case, by the previous section 47, (No. 72,) the 
 new or altered district succeeds to the rights of the dissolved or an- 
 nulled district, in such property as falls within such new or altered 
 district. The proceedings of such sale will be like those already 
 given on the formation of a new district. 
 
 7. Form of a resolutionfor the alteration of a District. 
 
 At a meeting of, &c., 
 
 Resolved, That Districts number 1 and number 2, in the said 
 town, be altered as follows, viz: by setting off the farms and par- 
 cels of land occupied by John Brown, Thomas Jones and William 
 Richards, from District number one, in which they have heretofore 
 been included to District number two, so that the east boundary of 
 District number one shall hereafter be the easterly line of the farms 
 and parcels of lands occupied by A, B, C, D, &c., and the westerly 
 boundary of district number two shall be the westerly lines of the 
 farms and parcels of land occupied by the said John Brown, Thom- 
 as Jones and William Richards; the said John Brown having con- 
 sented to be set off as aforesaid. The written consent of the Trus- 
 tees of the said Districts number one and two, having been present- 
 ed to the town superintendent, is filed with the Town Clerk; for, 
 The consent of the Trustees of the said districts respectively, (or 
 of District No. 1 or 2, as the case may be,) not having been given 
 to the said alteration, it is ordered, that a notice in writing of such 
 alteration, signed by the town superintendent, be served on 
 some one of the Trustees of each of the said districts, (or of District 
 No. 1 or 2.)] 
 
 In the above form it will be seen that the new boundaries of the 
 districts, caused by the alteration, are given. This is deemed very 
 necessary in order to prevent all mistake or ambiguity, and to pre- 
 serve a continual record of the actual bounds of the districts. If 
 any of the persons set off consent to the alteration, it should be 
 stated, so that the trustees may know whether he is taxable for 
 building a school house. 
 
 The consent of trustees to the alteration, and in case of their not 
 consenting, the notices to them, will be as before given under the 
 2d and 3d heads. 
 

 TOWN SUPERINTENDENT. 85 
 
 8. Proceedings in the formation or alteration of a Joint District 
 from two or more towns. 
 
 A meeting of the town superintendents, &c., of the different towns 
 must be called, by a notice given to each a reasonable time before 
 the day appointed. From the language of section 46, (No. 71,) it 
 may be inferred that the notice should be given by the town super- 
 intendent of one town. At all events, that will be the safest course. 
 If the town superintendent of one town, notified to attend a joint 
 meeting, for the purpose of altering such district, shall refuse or 
 neglect to attend, the town superintendent attending may call a spe- 
 cial meeting of the inhabitants of the district, who may dissolve 
 such district. This is a special case, and a special provision is made 
 for it 
 
 The proceedings in the formation of a joint district will be in all 
 respects similar to those previously given in relation to ordinary 
 cases, with the following additions: 
 
 As there is no clerk assigned by law to the town superintendents, 
 the officers present should sign the proceedings. 
 
 The caption should give the names of the towns to which the town 
 superintendents belong; and the resolutions should be recorded in 
 each of those towns. 
 
 II. Duties of Town Superintendents in receiving and 
 dividing the Public School Money. 
 
 1. The town superintendent should apply to the county treasurer 
 for the school money of his town in sufficient time to enable him to 
 make the apportionment on the day prescribed by law. He should 
 be careful to receive the whole amount apportioned to, and collected 
 for, his town, without any deduction for commissions, fees, or any 
 other charges of the treasurer or collector, or any other officer; and 
 should see that the bills paid are current and good, as he will be re- 
 sponsible for the same amount for which he gave his receipt. 
 
 2. A practice is said to prevail of making two divisions of the 
 public money among the districts in the course of the year. This is 
 contrary to the express provision of the statute, and is exceedingly 
 reprehensible. The 6th subdivision of section 8, (No. 33,) makes it 
 
86 TOWN SUPERINTENDENT. 
 
 the duty of the town superintendent to apportion the school moneys 
 received by him, on the first Tuesday of April in each year; and by 
 the 7th subdivision of the same section, if he have received reports 
 from all the districts before that day, he is to divide the money with- 
 in ten days after receiving all the reports and the money. 
 
 
 
 3. He will receive from the town collector a sum equal to that re- 
 ceived from the county treasurer, for the support of common schools 
 and the purchase of books. The aggregate, composed of these two 
 sums, is to be apportioned by him among the school districts of his 
 town, in proportion to the number of children over five, and under 
 sixteen years of age, as that number appears by the annual report 
 dated the 1st of January preceding. 
 
 By the third subdivision of original section 5, of Title 2, of Chap- 
 ter 11, Part 1, Rev. Stat. ( 9, of the third edition,) the electors of 
 each town are authorized, at their annual meeting, to direct a sum 
 to be raised in their town for the support of common schools for the 
 ensuing year, not exceeding that required by law to be raised by the 
 board of supervisors for that purpose. The sum that may be thus 
 yoted, may be equal to the whole amount which the supervisors are 
 authorized to assess on the town, including both library money and 
 teachers' money. This construction follows from the language of the 
 fourth section of the act of 1838, respecting the U. S. Deposite 
 Fund, which directs that the sum of $55,000 shall be annually dis- 
 tributed " to the support of common schools;" although it subse- 
 quently directs that it shall be applied to the purchase of a library. 
 
 By chapter 257, of the laws of 1829, in those counties where the 
 distinction between town and county poor is abolished, the inhabi- 
 tants of towns having any funds in the hands of the overseers of the 
 poor, may appropriate all, or any part of such funds, to such purpo- 
 ses as shall be determined at an annual or special town meeting. If 
 appropriated for the benefit of common schools, it is made a fund for 
 that purpose, and is placed under the charge of the town superin- 
 tendent of common schools of the to\\n. The interest is to be ap- 
 plied by him " to the support of common schools." But the town 
 may, at an annual meeting, direct the whole principal, as well as the 
 interest, to be applied for the benefit of the common schools. [See 
 vol. 1, 2d ed. Rev. Statutes, page 351, and Common School Deci- 
 sions, page 418.] 
 
TOWN SUPERINTENDENT. 87 
 
 The town superintendent will, therefore, be bound to distribute the 
 interest, and the principal when directed by the town, equally among 
 the districts. He cannot adopt a more just or convenient ratio than 
 that established by the existing law, in relation to the public mo- 
 ney the number of children above five, and under sixteen years of 
 age. 
 
 No part of the interest or princip al of this town fund can be dis- 
 tributed as "library money;" " the whole must be apportioned and 
 paid over as school money." 
 
 There are laws of a similar character respecting the gospel and 
 school lots, which are so local and peculiar as not to justify any par- 
 ticular observations concerning them, in a general circular; except 
 that it seems to the superintendent none of these funds can be ap- 
 plied to the purchase of books. 
 
 In apportioning and paying the money in their hands to trustees 
 of school districts, the town superintendents will bear in mind that 
 the " teachers' money" and the " library money" are entirely inde- 
 pendent of each other. The report of the trustees of school districts 
 may entitle them to their " teachers' money," and yet they may not 
 have complied with the conditions upon which they are authorized to 
 receive the "library money." For instance, they may not have ex- 
 pended the latter in the purchase of books, or maps, globes and sci- 
 entific apparatus; and yet they may have fully complied with the law 
 in regard to their schools. So they may be entitled to " library mo- 
 ney," and yet not have had a school kept four months by a qualified 
 teacher. In all such cases the money appropriated to the different 
 objects, teachers or library, is to be distributed upon the reports re- 
 lating to those objects only. 
 
 The teachers' money is to be paid over " on the written order of 
 a majority of the trustees of each district, to the teachers entitled to 
 receive the same." It will therefore be incumbent on the town su- 
 perintendent to satisfy himself, both of the genuineness of the order, 
 and that the person presenting it has the certificate of the trustees 
 that he is or was a teacher of the district, and duly qualified accord- 
 ing to law. In order to entitle a district to its share of teachers' 
 money, it must appear from its annual report, " that a school had 
 been kept therein for at least four months during the year, ending at 
 the date of such report, by a qualified teacher," after obtaining a 
 
88 TOWN SUPERINTENDENT. 
 
 certificate of competency from the proper authority; that all the 
 teachers' money received during the year has been expended in the 
 payment of such teacher; that no other than a duly qualified teach- 
 er had at any time during the year for more than one month been 
 employed to teach the school in said district; and such report must, 
 in all other respects, be in accordance with law, and the requisitions 
 and instructions of the Superintendent, made in pursuance of law. In 
 other words, it must be in the form prescribed by the Superintendent, 
 and must contain all the information required by law and by the de- 
 partment to be given. With the ample opportunities afforded for 
 correction, and for the interposition of the department when requi- 
 site, prior to the apportionment, it will hereafter be expected that 
 the apportionment of teachers' money .will be made with reference 
 exclusively to the reports and orders of the department, then before 
 the town superintendent; and no application subsequently made for 
 the interposition of the department will be regarded, unless the most 
 satisfactory explanation of the delay is given. 
 
 The library money is to be. paid over to, or on the order of, a 
 majority of the trustees, on its appearing from the annual report that 
 " the library money received at. the last preceding apportionment 
 was duly expended according to law, (in the purchase of books suit- 
 able for a district library, or in the purchase of maps, globes, black 
 boards, or other scientific apparatus for the use of the schools, in the 
 cases and in the mode prescribed by the late law, and which will 
 be hereafter considered) on or before the first day of October subse- 
 quent to such apportionment." The report must uniformly be ac- 
 companied with a catalogue of the library, and must state accurately 
 the number of volumes and their condition; and when the money 
 has been expended in the purchase of apparatus, &c., the authority 
 under which such expenditure has been made, and a full and partic- 
 ular inventory of the articles purchased, must be specifically repor- 
 ted. 
 
 By 147 of the act of 1847, (No. 184,) town superintendents are 
 required to apportion and pay to the trustees of colored schools, es- 
 tablished in their town, according to the provisions of that section, 
 a portion of the public money, according to the number of colored 
 children between the ages of 5 and 16 years, appearing by the re- 
 ports of the trustees to have been instructed in such schools for at 
 least four months during the preceding year by a licensed teacher, 
 and to deduct the amount so apportioned from the shares of the dis- 
 tricts from which such children have respectively attended. 
 
TOWN SUPERINTENDENT. 89 
 
 1 
 
 III. Duties of Town Superintendents in relation to the 
 prosecution and collection of penalties and forfei- 
 tures. 
 
 1. By subdivision 8 of 8, (No. 33,) the town superintendents 
 are to sue for and collect by their name of office, all penalties and 
 forfeitures imposed by the title relating to common schools, where 
 no other provision is made. Under this provision they are to prose- 
 cute for the sum of ten dollars, forfeited by each town superintend- 
 ent neglecting to make an annual report, imposed by 22. (No. 
 47.) The forfeiture of an amount equal to that lost by their neglect ? 
 imposed by 23 (No. 48) is to be sued for by the supervisor. They 
 are also to prosecute for the penalty of five dollars prescribed by 
 57, (No. 82,) upon the refusal or neglect of any inhabitant of a dis- 
 trict to serve the notice of the first meeting; the same penalty for 
 altogether refusing to serve in a district office; and the penalty of 
 ten dollars for neglecting to perform the duties of a district office, 
 not having refused to accept the same. This last penalty must be 
 distinguished from that imposed by 145, (No. 173.) That given 
 by No. 104,( $ 79,) is to be recovered for wholly neglecting to per- 
 form the duties of a district office, which the incumbent has colora- 
 bly accepted; see 6 Co wen, 479; while the forfeiture prescribed by 
 No. 173, ( 145, act of 1847,) is for the neglect of any specific 
 duty, and may be collected for any one wilful omission; and the lat- 
 ter is to be sued for by the supervisor of the town. 
 
 They are also to prosecute for the penalty of twenty-five dollars 
 imposed by 123, (No. 148,) upon every trustee who signs a false 
 report, with the intent of obtaining an unjust proportion of the 
 school moneys of the town. There is reason for suspecting that this 
 duty of trustees, especially in reference to the whole number of 
 children between five and sixteen, in a district, is often performed 
 erroneously. Justice to the several districts requires that the town 
 superintendent should be vigilant in detecting such errors, and in 
 applying the remedy provided by law, in all cases where they arise 
 from design. 
 
 The sums collected by them in suits for penalties, after deducting 
 their costs and expenses, are to be added to the school moneys re- 
 ceived by them during the year, and apportioned among the several 
 districts. 
 
90 TOWN SUPERINTENDENT. 
 
 For the purpose of having authentic evidence of the amount col- 
 lected, and of its application, town superintendents of common 
 schools are hereby required to state in their annual reports, whether 
 they have or have not, since the date of the preceding report, col- 
 lected any fines, penalties or forfeitures, and if any, they must spe- 
 cify the amount, and the person of whom collected, the offence for 
 which it was imposed, the amount of costs and charges in its collec- 
 tion, and the disposition made of it. 
 
 IV. Duties of Town Superintendents in the inspection 
 of Schools and licensing of Teachers. 
 
 The town superintendents are by law inspectors of the common 
 schools of their town, and are entitled to the daily compensation 
 provided by law, for their services as such. The performance of 
 their duties as inspectors, particularly in visiting the schools, is in- 
 dispensable to the proper and faithful execution of their powers, as 
 they can thus become acquainted with the actual condition of the 
 districts and their schools, and be enabled to determine on the pro- 
 priety of any alterations necessary to improve them; nor should this 
 duty be relaxed in consequence of the appointment of county super- 
 intendents. The local information which their situation enables them 
 to give, and the benefits they will derive from the suggestions of the 
 county superintendents, will much facilitate the labors of each, and 
 render them more useful. 
 
 The 41st section of the school act, (No. 66,) makes it the duty 
 of each town superintendent to visit all the common schools in his 
 town which shall be organized, at least twice in each year, and the 
 penalty of ten dollars imposed by 145 of the act of 1847, (No. 
 173,) for the neglect of any duty prescribed by law, undoubtedly at- 
 taches for the omission to visit the schools. Each town superintend- 
 ent should visit every school in his town, at least once during each 
 term. 
 
 If the opinions of the best and most experienced writers on pri- 
 mary education, are not entirely fallacious; and if all the results of 
 experience hitherto are not deceptive, the consequences of such a 
 vigorous system of inspection will be most happy. The teachers 
 and pupils will feel that they are not abandoned to neglect; the ap- 
 
TOWN SUPERINTENDENT 91 
 
 prehension of discredit will stimulate them to the greatest effort; 
 while the suggestion of the visiters will tend constantly to the im- 
 provement of the schools, and they will themselves be more and more 
 enabled to recommend proper measures from their better acquaintance 
 with the subject. 
 
 The following is a form of a certificate to be given to a teacher 
 by the town superintendent: 
 
 I hereby certify that I have examined [here insert the name of 
 the teacher,] and do believe that he for she, as the case may be,] is 
 well qualified in respect to moral character, learning and ability, to 
 instruct a common school in this town for one year from the date 
 hereof. 
 
 Given under my hand at this day of 18 
 
 C. D. Town Superintendent of 
 
 Common Schools of the town of 
 
 A certificate cannot be annulled until ten days previous notice in 
 writing has been given to the teacher and to the trustees of the dis- 
 trict in which he has been employed, of the intention to annul the 
 same. As the complaint must necessarily be stated, and its truth in- 
 vestigated before any decision, it would be more convenient to the 
 town superintendent, and more fair and just to the teacher, to ap- 
 prise him of its nature, in the notice of intention to annul. 
 
 The following may be the form of the instrument annulling a cer- 
 tificate: 
 
 Having inquired into certain complaints against A. B., heretofore 
 licensed as a teacher of common schools of said town, and being of 
 opinion that he, the said A. B., does not possess the requisite quali- 
 fications as a teacher, in respect to moral character, [or " in respect 
 to learning," or " in respect to ability in teaching," as the case may 
 be,] and having given at least ten days' previous notice in writing 
 to said teacher, and to the trustees of the district in which he is em- 
 ployed, of my intention so to do, I have annulled, and hereby do 
 annul the said certificate and license so granted as aforesaid. 
 
 Given under my hand this day of 184 
 
 C. D. Town Superintendent of 
 
 Common Schools of the town of 
 
 \ 
 
 As a note in writing, containing the name of the teacher, and the 
 time when his certificate was annulled, must be filed in the town 
 
 i '.;.; o/* U:v ,* * : . 
 
TOWN SUPERINTENDENT. 
 
 clerk's office, to give it effect, the most convenient and effectual 
 mode of complying with the law, will be to make out, sign and file 
 a duplicate of the instrument itself. 
 
 V. Duties of Town Superintendents in respect to their 
 Annual Reports. 
 
 Between the first day of July and the first day of August in each 
 year, the town superintendents are to make an annual report to the 
 county clerk. In some instances these reports have been errone- 
 ously transmitted to the superintendent, who cannot receive them. 
 The contents of this report are specified in 19, (No. 44,) and in 
 addition thereto, they are hereby required to state in their annual 
 reports: 
 
 1. The number of times the school in each district has been in- 
 spected by the town superintendents, to be taken from the abstract 
 furnished by the trustees: 
 
 2. The number of volumes in the library of each district, the 
 school house of which is in their town, as returned by the trustees: 
 
 3. The amount of money expended in each school district for 
 teachers' wages, besides and beyond the public money apportioned 
 to such district; that is, they will condense from the reports of the 
 trustees the amount paid by individuals, on rate-bills or otherwise, 
 and the amount collected from any local funds, together with all the 
 particulars required by subdivision 8, of 19, No. 44, of the Laws 
 of 1847: 
 
 4. The school books in use in their respective towns. This will 
 be compiled from the reports of the trustees, in which the title of 
 each book, and the aggregate number reported in all the districts 
 will be stated: 
 
 5. The number of joint districts, the school houses of which are 
 situated, wholly or in part, in their town: 
 
 6. Whether any fines or penalties have been collected by them, 
 and the amount, as herein before required: 
 
 7. They are also hereby required to condense from the reports of 
 the several trustees, and to insert in their annual report, in a tabular 
 
TOWN SUPERINTENDENT. 93 
 
 form as heretofore annexed, the attendance of pupils in the several 
 district schools for the following different terms, viz : 
 
 Those who attended less than two months; 
 
 " " two months and less than four; 
 
 " " four months and less than six; 
 
 " " six months and less than eight; 
 
 " " eight months and less than ten; 
 
 ten months and less than twelve; 
 " " twelve months: 
 
 8. They are also hereby required to report the number of select 
 and private schools in their town, other than incorporated seminaries, 
 and the average number of pupils therein, as stated in the reports of 
 the trustees of the several districts: 
 
 9. They are also hereby required to condense, from the reports of 
 the several trustees, the number of schools for colored children taught 
 in their town, specifying the districts in which such schools have been 
 taught, the number of colored children between the ages of 5 and 
 16, attending such schools; and the amount of public money appor- 
 tioned to the respective districts from which such children attended, 
 specifying such districts. 
 
 The most common mistake committed by these officers, is in their 
 report of the moneys received by them or their predecessors, since 
 the date of the last report. They often confound this money with 
 that received by trustees of districts, which is an entirely different 
 item. This last item is received on the first Tuesday of April, and 
 reported by the trustees on the first of January following, and is 
 embodied in the report among, the abstracts of the trustees' reports 
 in the columns headed " amount of money received in each district.* 3 
 But the money received by the town ; uperintendent is that paid to 
 them by the county treasurer and town collector after the first of 
 January, and apportioned by them on or before the first Tuesday in 
 April, and is not contained in the reports of the trustees. 
 
 In making their annual reports the town superintendents will see 
 that the several columns of their table are correctly footed, and the 
 figures plainly and distinctly made. 
 
94 ANNUAL AND SPECIAL MEETINGS. 
 
 VI. Liabilities of Town Superintendents. 
 
 By 20, (No. 45,) town superintendents neglecting to furnish 
 such information as shall be required of them by the superintendent, 
 severally forfeit to their town the sum of ten dollars, to be sued for 
 by the supervisor. 
 
 By 22, (No. 47,) the same forfeiture is incurred for a neglect to 
 make their annual report within the time prescribed by law; and 
 the share of school moneys belonging to the town for the ensuing 
 year may be withheld at the discretion of the Superintendent, and 
 distributed among the other towns from which the necessary reports 
 were received; and in that event, by the succeeding section, (No. 
 48,) the officers guilty of such neglect forfeit to their town the full 
 amount, with interest, of the moneys so lost. 
 
 By 29, (No. 54,) every town superintendent refusing or neg- 
 lecting to pay over any balances remaining in his hands, &c., may 
 be prosecuted for such unpaid balance, and a recovery had against 
 him or his representatives in case of his death. 
 
 By 114, (No. 139,) " If the moneys apportioned to a district 
 shall not have been paid, it shall be the duty of the trustees thereof 
 to bring a suit for the recovery of the same, with interest, against 
 the officer in whose hands the same shall be, or to pursue such other 
 remedy for the recovery thereof as is, or shall be given by law." 
 
 This provision is not supposed to refer to cases where the money 
 apportioned to a district is retained in the hands of the town super- 
 intendents in consequence of the failure on the part of the district to 
 comply with some provision of law; but to those only of an illegal 
 detention, where the right of the district is undisputed. 
 
 ANNUAL AND SPECIAL MEETINGS OF INHABITANTS OF 
 SCHOOL DISTRICTS. 
 
 The inhabitants of the several school districts are required by 
 law to meet annually, 65, (No. 90,) and special meetings are au- 
 thorized to be held, whenever called by the trustees, 69, (No. 94.) 
 The frequent opportunities thus afforded for the coming together of 
 
ANNUAL AND SPECIAL MEETINGS. 95 
 
 the inhabitants of each district, for deliberation and consultation in 
 relation to their schools, and the various interests connected there- 
 with, are calculated to exert a most beneficial influence in favor of 
 education; to promote union, harmony and concert of action in the 
 several districts; and to cement the ties of friendly social intercourse 
 between those having a common interest in the moral and intellectu- 
 al culture of their children. It is, therefore, of the utmost import- 
 ance that they should not be neglected; that the inhabitants should 
 be prompt and uniform in their attendance; and that the proceed- 
 ings should be invariably characterized with that order, regularity, 
 dignity and decorum which can alone command respect, and ad- 
 vance efficiently the objects to be accomplished. To secure as far 
 as possible the attainment of these desirable ends, it is proposed in 
 this place to examine the powers and duties of the inhabitants, when 
 assembled in district meeting, the mode of proceeding, the keeping 
 of the minutes and records, the qualifications of voters, and some 
 other subjects of general interest, connected with the proceedings of 
 district meetings. 
 
 1. Powers and Duties of Inhabitants when assembled in District 
 
 Meeting. 
 
 These are particularly specified in 62, (No. 87,) of the act. 
 They are to appoint a chairman to adjourn from time to time as oc- 
 casion may require; to choose district officers at their first meeting, 
 upon the organization of the district, and as often as vacancies oc- 
 cur, by expiration of the term of office, or otherwise to designate a 
 site for a district school house; to lay such tax on the taxable in- 
 habitants of the district as the meeting shall deem sufficient to pur- 
 chase or lease a suitable site for a school house, and to build, hire, 
 or purchase such school house, and to keep in repair and furnish the 
 same with necessary fuel and appendages; and to repeal, alter and 
 modify their proceedings from time to time as occasion may require, 
 and to vote a tax to purchase a book in which to record the proceed- 
 ings of the district. 
 
 By the 8th subdivision of this section, (No. 87,) the inhabitants 
 are authorized, with the consent of the town superintendent, to d^sig- 
 nate sites for two or more school houses for their district, and to lay 
 a tax for the purchase or lease thereof, and for the purchase, hiring 
 or building of school houses thereon, and the keeping in repair and 
 furnishing the same with necessary fuel and appendages. 
 
96 ANNUAL AND SPECIAL MEETINGS. 
 
 This provision authorizing more than one site and school house is 
 intended for the accommodation of those districts that may be so pe- 
 culiarly situated as to render a division inconvenient or not desirable. 
 A banking or other corporation, or some manufacturing establish- 
 ment liable to taxation, may thus be rendered beneficial to a large 
 territory and a greater number of inhabitants, instead of having its 
 contributions applied for the benefit of a few. And in populous 
 places, it may often be convenient to have a school for very young 
 children distant from that attended by those more advanced. In 
 these and other cases, the districts should not hesitate to exercise the 
 power given by this section. But they should in all cases obtain 
 the previous assent of the town superintendents. 
 
 Section 71, (No. 96,) of this act imposes a restriction upon the 
 exercise of the powers of school district inhabitants in levying tax- 
 es. In addition to the certificate of the town superintendent requir- 
 ed by 70, (No. 95) to authorize a tax exceeding $400, to build, 
 hire or purchase a school house, no such tax can be raised without 
 the assent of a majority of all the taxable inhabitants of the district, 
 to be ascertained by taking the ayes and noes of those present at the 
 meeting called for the purpose, or to which the proposition to raise 
 such tax shall be submitted. A majority of the taxable inhabitants 
 present at the meeting will not do. The affirmative vote must be 
 equal to a majority of all the taxable inhabitants residing in the 
 district. The authority to reconsider any such vote cannot be exer- 
 cised after thirty days from the time the vote was first taken. 
 
 The same section, No. 87, 62, authorizes the inhabitants in their 
 discretion and without the assent of the town superintendents, to levy a 
 tax not exceeding $20 in any one year, for the purchase of maps, globes, 
 blackboards and other school apparatus. The principal facts in geo- 
 graphy are learned better by the eye than in any other manner, and 
 there ought to be in every school room a map of the World, of the 
 United States, of this State and of the county. Globes also are 
 desirable, but not so important as maps. Large black boards in 
 frames, are indispensable to a well conducted school. The opera- 
 tions in arithmetic performed on them, enable the teacher to ascer- 
 tain the degree of the pupils' acquirements, better than any result 
 exhibited on slates. He sees the various steps taken by the scholar, 
 and can require him to give the reason for each. It is in fact an 
 exercise for the entire class; and the whole school by this public 
 
ANNUAL AND SPECIAL MEETINGS. 97 
 
 process insensibly acquires a knowledge of the rules and operations 
 in this branch of study. 
 
 Cards containing the letters of the alphabet or words, may be use- 
 fully hung up in the room. Indeed the whole apparatus provided 
 by Mr. Holbrook, is eminently calculated to facilitate the acquisition 
 of knowledge and to render it agreeable. 
 
 The amount of the tax which may be voted for the purchase or 
 lease of sites for the district school-house, and for the repairs, furni- 
 ture, fuel and appendages, is left wholly to the discretion of the dis- 
 trict, and is unlimited by law; but no tax for building, hiring or pur- 
 chasing a school house, can exceed the sum of four hundred dollars, 
 unless on the certificate of the town superintendent that a larger sum, 
 specifying the amount, ought, in his opinion, to be raised; in which 
 case, a sum not exceeding the sum so specified, may be raised, 70, 
 (No. 95.) If the district raise a tax for building, hiring or purchas- 
 ing two or more school houses, a tax for each may be levied, to 
 the amout of four hundred dollars, without a certificate from the town 
 superintendent. 
 
 By the seventy-fourth section of this act, (No. 99,) the inhabitants 
 are authorised, whenever the site of their school house has been le- 
 gally changed, to direct the sale of the former site or lot and the 
 buildings thereon, and appurtenances, or any part thereof, at such 
 price and upon such terms as they shall deem most advantageous to 
 the district. 
 
 By the provisions relative to school district libraries, (No, 158 et 
 seq.) the inhabitants of the several districts are authorised to lay a 
 tax, not exceeding ten dollars in any one year, for the purchase of 
 a district library, consisting of such books as they shall, in their dis- 
 trict meeting, direct, and such further sum as they may deem neces 
 sary for the purchase of a book case; and also to appoint a librarian, 
 who is to have the care and custody of the library so purchased, un- 
 der such regulations as they may adopt for his government. 
 
 These provisions, it will be observed, are entirely distinct from 
 those which relate to the purchase of books with the public moneys 
 provided by 136, (No. 161.) They are confined to such books as 
 are obtained by means of a district tax; and wherever the inhabit- 
 ants do not choose to place the latter on the same footing with the 
 
 7 
 
98 ANNUAL AND SPECIAL MEETINGS. 
 
 former, the distinction should be carefully observed. The library 
 directed to be purchased with the public money provided for that 
 purpose, is to be selected by the trustees; the inhabitants have no di- 
 rect control over such selection; and the rules and regulations for its 
 government are to be prescribed by the superintendent alone; while 
 the library to be raised by tax must consist of such books as the in- 
 habitants, in district meeting shall direct; and the rules and regulations 
 for its management may be adopted at such meeting. Still both classes 
 of books may be placed upon substantially the same footing, by a 
 general direction to the trustees as to the books to be purchased, and 
 the adoption of the rules and regulations prescribed by the superin- 
 tendent. 
 
 Under the one hundred and forty-first section of the afct of 1847, 
 relative to district libraries, (No. 166) the legal voters in any two or 
 more adjoining districts may, with the approbation of the town superin- 
 tendent, unite their library moneys, as they shall be received or collect- 
 ed, and purchase a joint library for the use of the inhabitants of such 
 districts, to be selected by the trustees, or such persons as they shall 
 designate, and to be placed under the charge of a librarian to be ap- 
 pointed by them. 
 
 By the one hundred and forty-third section of the act, (No. 168,) 
 the legal voters in any district are authorised to direct the trustees to 
 apply to the superintendent to select and forward to the county clerk 
 for the use of the district, a library. 
 
 The application of the library money to the purchase of suitable 
 books, has been directed by the legislature to be continued, subject 
 to this single modification, viz: that "whenever the number of vol- 
 umes in the district library of anj district numbering over fifty chil- 
 dren between the ages of five and sixteen years, shall exceed one 
 hundred and twenty -five; or of any district numbering fifty children 
 or less, between the said ages, shall exceed one hundred volumes, the 
 inhabitants of the district qualified to vote therein, may, at a special 
 meeting, duly notified for that purpose, by a majority of votes, ap- 
 propriate the whole or any part of the library money belonging to 
 the district 'for the current year, to the purchase of maps, globes, 
 black boards, or other scientific apparatus, for the use of the school. 
 And in every district having the required number of volumes in the 
 library, and the necessary apparatus, the library money, with the ap- 
 
ANNUAL AND SPECIAL MEETINGS. 99 
 
 probation of the state superintendent, may be applied to the payment 
 of teachers's wages." 
 
 The object of this enactment is two fold. It is designed, in the 
 first instance, to secure to every district, at least one hundred vol- 
 umes of suitable books for a district library; and to districts num- 
 bering over fifty children, one hundred and twenty-five; and in the 
 second, to authorise the inhabitants of any district so supplied, when 
 duly convened for that special purpose, to appropriate so much of 
 the library fund for the current year as they may think proper, to the 
 purchase of maps, globes, black-boards, or scientific apparatus, for 
 the use of the school. In the absence of any such appropriation, or 
 whenever any balance remains unappropriated, the library money or 
 such unappropriated balance, must be applied to the purchase of 
 books; and in any event the money must be expended for the one 
 or the other of these purposes, on or before the first day of October 
 in each year, either for library books, school apparatus, or for 
 teachers' wages, subject to the approbation of the superinten- 
 dent. It is respectfully recommended to the inhabitants of those 
 districts which are already supplied with the requisite number 
 of books, and of others, whenever they shall reach the specified num- 
 ber, to avail themselves of the power thus conferred upon them, to 
 supply their schools with those useful articles of scientific apparatus 
 which so materially conduce to the improvement of the pupils. In- 
 dependently of this appropriation, no district should dispense with a 
 black-board; and if suitable maps, globes, and a few of the more 
 simple means of illustrating the elementary truths of science can be 
 superadded, the library money for two or three years, cannot, per- 
 haps, be more advantageously appropriated. In the mean time, 
 the books on hand can be generally read; and such additions to the 
 library as the growing wants and increased intelligence of the dis- 
 trict may require, can then be from time to time procured. The ad- 
 vice of the town and state superintendents may at all times 
 be had as to the most proper and judicious appropriation of the 
 fund for the purposes provided for by the section under considera- 
 tion. 
 
 By sub. 9 of 82, (No. 107,) the power of inhabitants of districts 
 to direct the division of the public (teachers') money, into not ex- 
 ceeding two portions for each year, and to assign and apply one of 
 such portions to each term taught during the year by a duly qualified 
 teacher, is expressly recognized. 
 
100 ANNUAL AND SPECIAL MEETINGS. 
 
 The powers thus conferred upon inhabitants of school districts, 
 must be strictly pursued, and can in no case be exceeded. No vote 
 or proceeding of a district meeting can be legal for which authority 
 is not expressly or by necessary implication, to be derived from the 
 statute. 
 
 2. Mode of Proceeding. 
 
 As a general rule, the punctual attendance of the inhabitants of 
 the district should be secured by the organization of the meeting at 
 the appointed hour, after making a fair allowance, say ten or fifteen 
 minutes, for the variation of time pieces; at the expiration of which 
 time, those in attendance, whatever may be their number, should or- 
 ganise, by the appointment of a chairman. Any number of inhabit- 
 ants, however small, are competent to the transaction of the business 
 for which the meeting was called, except in the cases where special 
 provision has otherwise been made; but if there be only a very small 
 number present, it will be advisable to adjourn the meeting. The 
 clerk of the district, if present, will act as clerk of the meeting; 
 and in case of his absence, any other inhabitant of the district may 
 be designated by the meeting to act as clerk pro tern. The inhab- 
 itants will then proceed to the transaction of the business for which 
 they were convened. 
 
 Where officers of the district are to be chosen, the choice should 
 be by ballot, separately for each office; and this mode of proceeding 
 should never be dispensed with where there is reason to believe any 
 difference of opinion exists as to the proper persons to be chosen. 
 Where no such difference of opinion exists, it is still better to re- 
 gard the choice by ballot as the regular mode, and when dispensed 
 with in any individual case, it should be done by express resolution. 
 All other business of the meeting should be transacted by written 
 resolutions, regularly put to vote in the customary manner; and 
 where, for any reason, the result cannot be accurately ascertained, 
 the numbers voting for or against any resolution, should be determ- 
 ined by a count or by ayes and noes. For this purpose it would be 
 well for the clerk to have always in readiness a list of the legal 
 voters of the district, with a series of columns attached, to designate 
 the manner in which each person votes on any question that may 
 be submitted. When the site is to be changed in a district that has 
 not been alteredj the law specifically requires the vote to be taken 
 by ayes and noes. Such lists may be in the following form : 
 
ANNUAL AND SPECIAL MEETINGS. 
 
 101 
 
 Names of Voters. 
 
 On change of 
 site of school 
 house. 
 
 On motion to 
 build school 
 house. 
 
 On resolution 
 to raise tax 
 $150. 
 
 On resolution to 
 raise tax for 
 apparatus. 
 
 
 A. 
 
 N. 
 
 A. 
 
 N. 
 
 A. | 
 
 N. 
 
 A. 
 
 N. 
 
 John Morehouse, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Jacob Custis, . . . 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 Thomas Budd,. . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 William Carroll, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Henry Beltis,. . . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Fred'riek Hough, 
 
 ~~~ 
 
 
 ""** * 
 
 
 
 ~~ 
 
 
 
 
 
 4 
 
 2 
 
 4 
 
 2 
 
 3 
 
 3 
 
 4 
 
 2 
 
 3. Mcde of keeping minutes and records of the proceedings. 
 
 The person acting as clerk should keep accurate minutes of the 
 proceedings on loose sheets of paper; and before the meeting is 
 finally adjourned, these minutes should be read and approved by the 
 meeting, and signed by the chairman and clerk, and afterwards 
 transferred into the record book of the district. The following gen- 
 eral form may be used for this purpose: 
 
 Form of Minutes to be kept by the District Clerk, of proceedings 
 of district meetings. 
 
 At a meeting of the legal voters of school district number > 
 
 in the town of , held pursuant to adjournment, at 
 
 , on the day of 18 , [or if it be the annual 
 
 meeting, say, " at an annual meeting of, $c. 9 held pursuant 
 to appointment and public notice, at, $*c." Or if it be a special 
 meeting, say, "at a special meeting of, fyc., called by the trustees 
 of said district, and held pursuant to special notice, at, fyc. , 
 
 on the day of, $*c.] A. B. was chosen chairman, and C. D. 
 
 was present as district clerk, (or if the clerk be not present, say E. 
 F. was appointed clerk pro tern., the district clerk being absent.) 
 
 Resolved, unanimously, (or by a majority of the votes present^ 
 as the case may be, [here enter the proceedings of the district in the 
 form of resolutions, and with as much precision and certainty as 
 possible.] 
 
 Where the subject of a change of site in an unaltered district, has 
 been under discussion, and a determination had by the district, in 
 the manner prescribed by 73, [No. 98,] the proceedings should be 
 'particularly recorded, in the following form: 
 
102 ANNUAL AND SPECIAL MEETINGS. 
 
 At a meeting of the taxable inhabitants of district No. , 
 
 in the town of , held at the school house, in pursuance 
 
 of notice to all the legal voters therein on the day of , 
 
 18 , A. B. was chosen chairman, and C. D. was present as dis- 
 trict clerk, or (E F. was appointed clerk pro tern., the district clerk 
 being absent.) The written consent of the Town Superintendent 
 of Common Schools of the town having been read, stating that in 
 his opinion the removal of the site of the school house in said dis- 
 trict is necessary: And it having been moved and seconded that the 
 present site of the school house in the said district be changed, and 
 that the northeast corner of lot No. 10, in the said town, (or of the 
 farm now occupied by A. B. on the northeast corner, formed by the 
 intersection of two certain roads, &c.> describing them,) be desig- 
 nated as the site of a school house for the said district, and the ques- 
 tion taken by ayes and noes, it was carried, two-thirds of all the 
 taxable inhabitants of said district being present at such special 
 meeting voting for such removal, and in favor of such new site: 
 Those who voted in the affirmative were John Morehouse, Thomas 
 Budd, William Carroll and Frederick Hough, &c.; those who voted 
 in the negative, were Jacob Curtis and Henry Bettis, &c. 
 
 Ayes 4. Noes 2. 
 
 [In stating the ayes and noes, the Christian names of the ovetrs 
 should be given.] 
 
 [Or, and the question being taken by ayes and noes, it was lost, 
 two-thrds of all the taxable inhabitants of said district not voting in 
 favor thereof. The votes are then to be stated as before.] 
 
 After changing the site of the school house, in the manner before 
 prescribed, the voters of the district, at the same or any subsequent 
 meeting, may pass a resolution, by a majority of those present, in 
 the ordinary mode, directing the trustees to sell the house, according 
 to No. 99. 
 
 4. Qualification of voters. 
 
 Great difficulty has been heretofore experienced in ascertaining the 
 requisite legal qualifications for voters in school district meetings. 
 The act of 1847 has removed this difficulty, by defining them partic- 
 ularly, and has pointed out the means of ascertaining the right of 
 any individual to vote in such meetings, by a challenge, 59, 60, 
 61, (Nos. 84, 85, 86.) 
 
 The following general qualifications are required in all cases: 
 
 1. The voter must be a male. 
 
 2. Of full age, that is, twenty-one years old, or more. 
 
 3. He must be an actual resident df the district. 
 
ANNUAL AND SPECIAL MEETINGS. 103 
 
 In addition to the above, the voter must possess one or other of the 
 following qualifications: 
 
 4. He must be entitled by law to hold land in this State, and 
 must own or hire real property in the district, subject to taxation 
 for school purposes; or, 
 
 5. He must be authorised to vote at town meetings of the town 
 in which the district or part of a district is situated; must have paid 
 a rate bill for teacher's wages in the district within one year pre- 
 ceding, or must own personal property, liable to be taxed for school 
 purposes in the district, exceeding fifty dolfars in value, exclusive of 
 what is exempt from execution. 
 
 . Under the above 4th division, are included two classes of persons; 
 citizens owning or hiring real property, subject to taxation, and 
 aliens not naturalised, who have filed the affidavit prescribed by 
 16, of title 1, chap. 1, part 2, Revised Statutes, of their intention to 
 become citizens, and of having taken the necessary incipient mea- 
 sures for that purpose, and who own or hire real property in the dis- 
 trict subject to taxation for school purposes. It does not extend to 
 those who have personal property, but neither own or hire real pro- 
 perty. The provision was intended to meet the case of residents, who, 
 although not entitled to vote at town meetings, may have a strong 
 interest in the proceedings of district school meetings. 
 
 In reference to the, above 5th division, those " citizens of the sev- 
 eral towns in this State, qualified by the Constitution to vote for elec- 
 tive officers," are entitled to vote at meetings. [ 1, title 2, chap. 
 11, part 1, Revised Statutes.] Of course, persons claiming to vote 
 at district meetings under this qualification, must have been inhaBi- 
 tants of the State for one year, of the county for four months imme- 
 diately preceding, and must then be actual residents of the town. 
 To these must be added some one of the qualifications above specified 
 in division 5. By 60, (No. 85,) a challenge is allowed, and the 
 declaration that may be required is given ; and by 61, (No. 86,) 
 penalties for a false declaration, and for voting without being quali- 
 fied, are imposed. 
 
 5, Reconsideration of proceedings. 
 
 The inhabitants of school districts may reconsider and repeal, alter 
 .and modify their ordinary proceedings at any time before they have 
 
104 ANNUAL AND SPECIAL MEETINGS. 
 
 been carried into effect, either wholly or in part. But the intention 
 to do so, should be explicitly set forth in the notice of the meeting 
 called for that purpose. When, however, contracts have actually 
 been entered into, liabilities incurred, or expenditures of money had, 
 in the prosecution of any measure directed by the district, a recon- 
 sideration will not be sanctioned, as no means exist to indemnify 
 those who may be the losers thereby, and an election of school dis- 
 trict officers cannot be reconsidered at a subsequent meeting. 
 
 6. Taxes should be specifically voted. 
 
 < 
 
 Where a tax is voted by the inhabitants for any purpose, the spe- 
 cific amount of the tax, and the particular purpose for which it is de- 
 signed, should be fully and clearly stated. And where several objects 
 of expenditure are to be provided for, the amount to be raised for 
 each should be expressed in the resolution, in order that the district 
 and the trustees may know the precise extent of their liability, and 
 the mode of its application. There may be cases, however, where 
 the necessary amount to be raised, cannot be ascertained with any 
 approach to accuracy; and in such cases the district may direct the 
 performance of specific acts by the trustees, or authorise them to in- 
 cur such expenses as may be necessary to the accomplishment of a 
 particular object, to be specified; and the trustees are then authorised 
 by 109, (No. 134,) to raise such amount by tax upon the district 
 in the same manner as if the definite sum to be raised had been vo- 
 ted. This general delegation of authority should, however, be resor- 
 ted to only in cases of necessity. 
 
 7. Designation of site of school house. 
 
 When the site of a school house is to be fixed, it should be desig- 
 nated with distinctness and precision, It is very common in many 
 of the districts to vote a site in general terms, as at or near a par- 
 ticular spot, between two points, or by other equally vague descrip- 
 tions; and in some instances, the precise location has been left to 
 the discretion of the trustees, or of a committee appointed for that 
 purpose. All this is directly contrary to law. The inhabitants in 
 district meeting assembled, are " to designate a site for a district 
 school house," and this designation must be sufficiently explicit, and 
 must be described by metes and bounds, or other known and perman- 
 ent landmarks, to enable the trustees to locate the site, and to con- 
 

 ANNUAL AND SPECIAL MEETINGS. 105 
 
 tract for and receive a title to the same; and the best rule will be to 
 make such a description as would be required in a deed of the pre- 
 mises. 
 
 8. Change of site. 
 
 By 73, (No. 98,) it is provided that " whenever a school house 
 shall have been built or purchased for a district, the site of such 
 school house shall not be changed, nor the building thereon be re- 
 moved, as long as the district shall remain unaltered, unless by the 
 consent in writing of the town superintendents of common schools, 
 or a majority of them, of the town or towns within such district, shall 
 be situated, stating that in their opinion such removal is necessary; 
 nor then, unless two-thirds of all the taxable inhabitant of the dis- 
 trict at a special meeting of such district called for that purpose, and 
 qualified to vote therein, shall vote for such removal, and m favor of 
 such new site." 
 
 This provision is designed to secure permanency in the location of 
 the district school house, while the circumstances under which it was 
 so located remain substantially the same. But when an alteration 
 has taken place in the district, since such location, either by the ad- 
 dition of new inhabitants, and the consequent annexation of new ter- 
 ritory from the adjoining districts, or by the setting off of a portion 
 of the inhabitants and territory to some other district, then, the rea- 
 son for the enactment failing, a change of site may be voted by a 
 majority of the altered district, in the usual manner. When the new 
 site is again established, either in this manner, or by a two-third 
 vote, as provided in the section above quoted, the same principle a- 
 gain prevails. No further alteration can be made while the district 
 remains substantially in the same condition as when the new site 
 was fixed. 
 
 The alterations here referred to, must be such as are made in the 
 territorial boundaries of the district. Changes of residence by the 
 inhabitants out of the district, or the removal of persons into it from 
 other districts, cannot be deemed alterations within the meaning of 
 the law, while the territory remains the same. 
 
 The experience of this department has shown that by far the most 
 fertile sources of contention and difficulty in the various school dis- 
 tricts, originate from the proceedings of the inhabitants connected 
 
106 ANNUAL AND SPECIAL MEETINGS. 
 
 with the change of the site of their school house. Such a measure 
 should, therefore, only be adopted when the convenience and accom- 
 modation of the inhabitants will be essentially promoted thereby; 
 when the altered situation of the district imperatively requires a 
 change; and even then, the full and hearty concurrence not merely 
 of a clear and decided majority of the district, but of the inhabitants 
 generally should be secured before any final decision is made. There 
 must always be a portion of the inhabitants, residing at the extremi- 
 ties of the district, who will experience more or less inconvenience, 
 at particular seasons of the year, in consequence of their distance from 
 the school house; but it is better that these partial inconveniences 
 should be submitted to, than that they should be transferred to others 
 and the whole district plunged into a contention respecting the site. 
 But when, in consequence of the enlargement of the boundaries of 
 the district, a change is indispensable, the inhabitants should come 
 together in a conciliatory and friendly spirit, having no other object 
 in view than the best interests of the district and the convenience of 
 the greatest number: and their action should be deliberate and cir- 
 cumspect reconciling, as far as possible, the interests of all, and re- 
 jecting every proposition calculated to sow the seeds of dissension or 
 disturbance in any portion of the district: bearing in mind that a 
 mere numerical triumph, leaving a large minority dissatisfied and ir- 
 ritated, however gratifying to the successful party for a time, is but 
 a poor compensation for a divided and distracted district, and an 
 embittered and hostile neighborhood. 
 
 9. Building, Hiring, purchasing and Repairing of School Houses 
 and providing Furniture and Appendages. 
 
 When a tax is voted by the inhabitants of a district for building 
 a school house, it is important, not only that the specific amount to 
 be raised should be stated, but if any portion of it is designed to be 
 expended in the erection of other appurtenances, such as a wood- 
 house, necessary, or fence, that those purposes should be specifically 
 set forth in the resolution. It would, in all cases, be desirable that 
 a committee of the inhabitants, consisting of or including the trustees, 
 who are charged by law with the execution of the work, should be 
 appointed to digest, and under the advice of the town superintendent, 
 mature a full plan for the building, appendages and appurtenances, 
 together with a detailed estimate of the expense, and to submit the 
 same at an adjourned meeting, for the sanction and approval of the 
 district. From this proceeding many useful results would follow. 
 
ANNUAL AND SPECIAL MEETINGS. 107 
 
 The trustees would be placed in possession of all the information 
 necessary to enable them efficiently and systematically to discharge 
 their duties in contracting for and superintending the erection of the 
 house; an opportunity would be afforded of obtaining and comparing 
 the best models of architecture, and the inhabitants would be enabled 
 to discuss at their leisure the several plans submitted, and to consult 
 their convenience, taste and accommodation, in the several details. 
 
 The school house, when built or purchased, should never be per- 
 mitted to remain for any length of time out of repair. It is the du- 
 ty of the trustees to keep it in repair, and the district should, when- 
 ever called upon, provide for the expense. They should also see that 
 the school rooms are properly furnished with fuel, prepared for use; 
 that all the necessary articles of furniture are provided; that the seats, 
 desks, and other fixtures, are in good condition, and that the district 
 library, the apparatus for the school, and all the other property of 
 the district is properly taken care of, and such articles as are wanted, 
 promptly furnished. In other words, the district should exercise a 
 constant supervision over its officers, and provide the means for an 
 efficient discharge of their duties. 
 
 When it is supposed that more than four hundred dollars will be 
 necessary to build, hire or purchase a school house, care should be 
 taken to procure the certificate of the town superintendent before the 
 tax is voted by the district, as such certificate seems by the act and 
 has been held by this department to be indispensable to authorise the 
 vote. If there be a site and house, they should be sold, and the pro- 
 ceeds applied first to the purchase of the new site, and next to the 
 building. And whatever sum is applicable to the erection or pur- 
 chase of the school house, must, according to a decision of this de- 
 partment, go in reduction of the amount which the district may vote 
 for a school house. (Decisions, p. 183.) Thus, if the former site 
 and building sell for two hundred dollars, and fifty dollars be applied 
 to the procuring a new site, the remaining 150 dollars being appli- 
 cable to the new house, the district cannot vote a tax of more than 
 two hundred and fifty dollars for the building, without the consent 
 of the town superintendent. 
 
 The following will be a proper form of a resolution for raising a 
 tax for the erection of a school house. 
 
 The certificate of the town superintendent of common schools of 
 
108 TRUSTEES OF SCHOOL DISTRICTS. 
 
 the town of having been obtained, that in his opinion a larger 
 
 sum than four hundred dollars ought to be raised for building a school 
 house in the said district, namely, the sum of six hundred dollars, 
 [or whatever the whole sum may be.] 
 
 Resolved, That the said sum of six hundred dollars be ra.sed by a 
 tax upon the said district for the purpose of building a school house 
 therein. 
 
 The resolution for the purchase of a site should be distinct and may 
 be in the following form: 
 
 Resolved, That the sum of fifty dollars be raised by tax upon the 
 said district, for the purchase of the site for a new school house, 
 heretofore designated by the legal voters thereof. 
 
 Either or both of the above taxes may be raised, but cannot be 
 expended, before a site is purchased and a legal title procured. 
 
 Whenever there is a deficiency in the amount of any tax directed 
 to be raised, the inhabitants of the district are directed by section 
 eighty-four, of the act of 1847, (No. 109,) to raise the necessary 
 sum by a new tax. 
 
 The following will be the proper form of the resolution for raising 
 a tax, payable by instalments, under 71, (No. 96.) 
 
 The certificate of the town superintendent of the town of 
 having been obtained, stating that in his opinion a larger sum than 
 four hundred dollars ought to be raised for building a school house 
 in said district, namely the sum of one thousand dollars [or whatever 
 the sum may be, | 
 
 Resolved, (a majority of all the taxable inhabitants of said district 
 being present, and concurring herein, as appears by the ayes and 
 nays taken of those present;) That the said sum of one thousand 
 dollars be raised by tax upon the said district, to be paid in four 
 equal annual instalments of two hundred and fifty dollars each, for 
 the purpose of building a school house therein. 
 
 TRUSTEES OF SCHOOL DISTRICTS. 
 
 Their duties and powers. 
 
 These officers are to be chosen by the inhabitants of the district 
 entitled to vote, at their first meeting, and thereafter at any annual 
 
TRUSTEES OF SCHOOL DISTRICTS. 10 
 
 or special meeting legally convened, whenever there is a vacancy, 
 by expiration of their term of office or otherwise. They are to hold 
 their offices " until the annual meeting of such district next following 
 the time of their appointment, and until others shall be elected in 
 their places." 76, (No. 101.) In case of the existence of a va- 
 cancy, by the death, refusal to serve, removal out of the district, or 
 incapacity of the incumbent, unless such vacancy is supplied by a 
 district meeting within one month thereafter, it is the duty of the 
 town superintendent of common schools to appoint some person to 
 supply such vacancy. The expiration of their term of office, also 
 creates a vacancy; and if, for any reason, the annual meeting passes 
 over, without the election of officers, ample provision is made, (see 
 Nos. 91, 92 and 93,) for the calling of a special meeting to 
 supply such vacancy; and in the meantime the old officers hold over, 
 until others are elected in their places, as in such case of vacancy, 
 the town superintendent has no authority to appoint. 
 
 By 79, (No. 104,) <c every person duly chosen or appointed to 
 any such office, who without sufficient cause shall refuse to serve 
 therein, shall forfeit the sum of five dollars; and every person so 
 chosen or appointed, and not having refused to accept, who shall 
 neglect to perform the duties of his office, shall forfeit the sum of 
 ten dollars." 
 
 By 80, (No. 105,) " any person chosen or appointed to any 
 such office, may resign the same, by presenting his resignation to the 
 town superintendent of the town where such officer shall reside, who 
 is authorised to accept the same." 
 
 By 6, of the act, (No. 30,) " no town superintendent of a town 
 shall hold the office of trustee of a school district, nor shall a person 
 chosen a trustee, hold the office of district clerk, and no town super- 
 intendent shall hold the office of either supervisor or town clerk." 
 
 By 63, act of 1847, " the trustees chosen at the first legal 
 meeting of any school district, shall be divided by lot into three 
 classes, to be numbered one, two and three; the term of office of the 
 first class shall be one year, of the second, two, and of the third, 
 three; and one trustee only shall thereafter annually be elected, who 
 shall hold his office for three years, and until a successor shall be 
 
110 TRUSTEES OF SCHOOL DISTRICTS. 
 
 duly elected or appointed. In case of a vacancy in the office of 
 either of the -trustees, during the period for which he or they shall 
 have been respectively elected, the person or persons chosen or ap- 
 pointed to fill such vacancy shall hold the office only for the unex- 
 pired term." 
 
 This extension of the official term of trustees to three years, com- 
 bined with the annual choice of one of their number, is regarded as 
 a very important improvement of the system, securing, as it does, 
 uniformity, stability and harmony in the councils of the district, and 
 preventing that ignorance of its previous arrangements and affairs, 
 which has so frequently been found not only to paralyze the exer- 
 tions of new trustees, but to involve them in pecuniary embarrass- 
 ment and subject them to personal liability. On the accession of a 
 new trustee, under the present arrangement, he will find two expe- 
 rienced colleagues already in office, conversant with all the affairs of 
 the district, and able and willing to aid and co-operate with him in 
 the discharge of his duties. All the deliberations and actions of the 
 board under this arrangement, will partake of a greater uniformity, 
 and become more systematic. Teachers will be likely to be retained 
 for a longer period : contracts will be likely to be more promptly 
 fulfilled, and taxes and rate bills to be more accurately made out and 
 more speedily collected; and order and harmony will gradually suc- 
 ceed to the chaotic confusion and irregularity which now too gener- 
 ally characterize the records, the councils and the proceedings of 
 trustees, ignorant and careless of their duty, and anxious only to 
 transfer the inextricable embarrassments of their district, unexplained 
 and inexplicable, to their successors. 
 
 One important operation of the provision in question, will be to 
 prevent the district from changing the time of its annual meeting, 
 thereby avoiding those frequent misunderstandings as to the period 
 when officers of the district are to be chosen, from which so many 
 profitless and vexatious controversies have arisen. 
 
 At this meeting a faithful and strict account of all the affairs of 
 the district, and particularly of its pecuniary engagements and liabili- 
 ties, should be required of the out-going trustees and other officers. 
 Immediately, or as soon as may be practicable after their election, 
 the new trustees should meet together, and make all necessary and 
 suitable arrangements for the future and permanent administration of 
 the district; the employment and compensation of teachers, both for 
 
TRUSTEES OF SCHOOL DISTRICTS. HI 
 
 the summer and winter school; the necessary repairs of the school- 
 house, for which the district should be requested to provide the requi- 
 site funds; the application of the teacher's money to the respective 
 terms; the suitable expenditure of the library money; the condition 
 of the library and other property of the district; the provision of 
 fuel for the winter, and all such other matters as may be found ex- 
 pedient and advisable. They should also see that the district is reg- 
 ularly furnished with the District School Journal, and that it has all 
 the necessary laws, decisions, forms, blanks, account books, &c. &c., 
 to enable them intelligently and systematically to discharge all their 
 duties. 
 
 The trustees of each school district are constituted by law the 
 trustees of the library. They are responsible for its preservation and 
 care; and the librarian is subject to their direction, and may at any 
 time be removed by them from office for wilful disobedience of such 
 directions, or for any wilful neglect of duty, or even when they have 
 reason to apprehend the loss of any books, or their injury or des- 
 truction by his misconduct. In case of such removal, or of a vacan- 
 cy from any cause, they are to supply such vacancy by appointment, 
 until the next annual meeting of the district. They are personally 
 liable to their successors for any neglect or omission in relation to 
 the care and superintendence of the library, by which any books 
 therein are lost or injured, to the full amount of such loss or injury, 
 and their action in reference to its management, may be at any time 
 controlled by this department on appeal. Their duties, with refer- 
 ence to the district library, are specifically pointed out in the regu- 
 lations of the department, made in pursuance of law, and still in 
 force; and they should endeavor strictly and punctually to conform 
 to the spirit of these regulations. 
 
 The convenience and accommodation of many, if not of most of 
 the inhabitants of the several districts, would be essentially promoted 
 by placing the charge of the library, temporarily with the teacher, 
 during the term of his or her employment, and depositing it in some 
 convenient and safe place in the school house. This arrangement 
 can only be carried into effect by the concurrence of the trustees and 
 librarian, and under their supervision. Generally, the teacher not 
 being an inhabitant of the district, cannot be chosen librarian. But 
 where the trustees and librarian have sufficient confidence in the teach- 
 er and in the safety of the books, when left at the school house, they 
 
112 TRUSTEES OF SCHOOL DISTRICTS. 
 
 will find this arrangement in many respects conducive to the conven- 
 ience of the district. 
 
 Trustees will bear in mind that their annual reports are hereafter 
 to be made and transmitted to the town superintendent, between the 
 first and fifteenth days of January; and that in addition to the mat- 
 ters now required by law to entitle them to their distributive share 
 of teachers' money, they are to report that no school has been taught 
 for more than one month in their district during the past year 
 by any other than a duly qualified teacher. 
 
 This reservation of one month is merely nominal, as it is 
 scarcely to be supposed that a teacher not duly qualified, will be 
 employed in any district for that length of time. It was designed to 
 meet those cases where, notwithstanding the utmost diligence on the 
 part of trustees, an examination of the teacher employed by them, 
 cannot be immediately procured; or where, for any reason, it has 
 been found necessary or expedient for the teacher to commence and 
 continue his term for a few weeks without obtaining such certificate. 
 The term of four months must, however, be completed after obtaining 
 such certificate, in order to entitle the district to its share of teach- 
 ers' money. 
 
 It is of great importance to the department, with a view to the 
 statistical information to be laid before the legislature and the peo- 
 ple, to be accurately apprized of the comparative attendance upon the 
 schools, on the part of the children residing in the district For this 
 purpose, earnest efforts have hitherto been made to procure from the 
 trustees of the several districts, a statement of the length of time each 
 pupil has attended, and the number who have attended for one, two, &c., 
 up to ten and twelve months. But notwithstanding every practicable 
 facility to communicate this very desirable information on the part 
 of teachers and trustees, the department has, as yet, found it impos- 
 sible to procure it with a proper approximation to accuracy. Unwilling 
 to resort to the harsh measure of depriving the districts of their pro- 
 portion of public money in ^consequence of this deficiency in their 
 annual reports, the superintendent has hitherto listened to every ex- 
 cuse, for the omission to comply with this requisition, in the reports 
 made heretofore. Hereafter it is hoped no cause of complaint 
 will be permitted to exist in this respect, as the share of public teach- 
 ers' money will*rigidly be withheld where the report is not in all re- 
 spects in accordance with law, and the requisition of the department 
 
TRUSTEES OF SCHOOL DISTRICTS. H3 
 
 in pursuance of law, unless in cases where the most satisfactory ex- 
 cuse for the omission can be rendered. * The teacher should, in all 
 cases, be required by the trustees, to keep the necessary register and 
 furnish it, together with his list, at the end of each term. 
 
 By the 113th section of the act (No. 138,) it is provided that 
 " whenever the trustees of any school district shall discover any er- 
 ror in a tax list or rate bill, made out by them prior to the expen- 
 diture of the amount therein directed to be raised, they may, with the 
 approbation of the state superintendent, after refunding any amount 
 that may have been improperly collected on such tax list or rate bill, 
 if the, same shall be required, amend and correct such tax list or rate 
 bill, in conformity to law; and whenever more than one renewal of 
 a warrant for the collection of any tax list or rate bill may become 
 necessary in any district, the trustees may make such further renew- 
 al, with the written approbation of the town superintendent of the 
 town in which the school house of said district shall be located, to 
 be endorsed upon such warrant." These provisions preclude the ne- 
 cessity of any application to this department for either of the objects 
 specified in this section, except in special cases, and authorise one 
 renewal of a school district warrant by the trustees, on their own 
 authority and in their discretion: after which the written approba- 
 tion of the town superintendent must be obtained to any subsequent 
 renewal. 
 
 * 
 
 It is strongly recommended to trustees, to exact of the collector the 
 bond required to be given by him, under the 103d section of the 
 school law, whenever any warrant is placed in his hands. This 
 practice will be attended with very little trouble, and will secure the 
 district from all loss, and the trustees themselves from personal lia- 
 bility, in many instances. It will also secure the prompt collection 
 of taxes and rate bills,, and promote system and regularity in the fi- 
 nancial affairs of the district. 
 
 In their orders to the town superintendent for the payment of pub- 
 lic money to teachers employed by them, trustees will specify that 
 the person in whose favor the order is drawn, was so employed by 
 them, and was duly qualified according to law. 
 
 In the exercise of the power conferred upon the trustees, of ex- 
 empting indigent inhabitants of their district from the payment of the 
 whole or of portions of their rate bills, the utmost liberality compat- 
 
 8 
 
114 TRUSTEES OF SCHOOL DISTRICTS. 
 
 ible with justice to the districts should be indulged. Nothing can be 
 more at variance with the *benign spirit and intent of the school 
 laws than the compulsory distress and sale of articles of absolute ne- 
 'cessity to an indigent family for the purpose of satisfying the rate 
 bill for teachers* wages. And yet cases of this kind are frequently 
 brought to the notice of the department. Every reasonable facility 
 should be afforded to the children of the poor, for the attainment of 
 all the blessings and advantages of elementary instruction; and this 
 should never be permitted to become in any degree burdensome to 
 their parents. Where any inhabitant of the district in indigent cir- 
 cumstances cannot meet the rate bill for the payment of the teachers' 
 wages without subjecting himself to serious embarrassment, or his 
 family to sensible deprivation, he should promptly and cheerfully be 
 exonerated. A just feeling of pride may reasonably be expected to 
 preclude any from availing themselves of this exemption, unless un- 
 der the pressure of absolute necessity; and occasional abuses of the 
 privilege so accorded, are productive of less disastrous results than a 
 prevailing impression among the indigent inhabitants of a district, 
 that their chileren can partake of the advantages of common school 
 education only at a burdensome charge to themselves, and by >v "a sac- 
 rifice of the ordinary necessities and comforts of their families. 
 
 Application of School Money raised by or belonging to a town. 
 
 In the preceding instructions to town superintendents of common 
 schools, (see pages 85, 88,) directions are given them respecting the 
 money which towns are authorised to vote for the support of common 
 schools, in addition to that raised by the supervisors. Some embar- 
 rassment has arisen respecting the application of that portion of the 
 money thus raised by a town which may be received from the col- 
 lector by the trustee or trustees of a joint district, a portion of \\hich 
 is within such town, and the residue is within a town or towns that 
 have not directed a similar additional sum to be raised. It must be 
 supposed that the tax, when voted by a town, is intended for the 
 support of schools therein, as it would be contrary to all principles 
 of equity, that the inhabitants of one town should be obliged to con- 
 tribute to the education of children belonging to other towns. The 
 superintendent has accoidingly decided that when any portion of the 
 money voted by a town, comes to the hands of trustees of joint dis- 
 tricts, they must apply it exclusively for the benefit of scholars at- 
 tending the school who belong to the town thus voting. After ap- 
 
TRUSTEES OF SCHOOL DISTRICTS. 115 
 
 plying the " teachers' money," received from the town superinten- 
 dent, which was apportioned by the state, and that raised by the su- 
 pervisors, under the general law, to the payment of the teachers' 
 wages, they are then to apply the portion of the town money re- 
 ceived by the trustees, to the payment, as far as it will go, of the 
 amount that is to be collected, by a rate bill, from the parents of the 
 scholars attending school, who belong to the town that raised the 
 additional sum. The rate bill for teachers' wages against the other 
 inhabitants of the district, is to be collected precisely in the same 
 manner as if the additional sum had not been raised. 
 
 If there are any other common school funds belonging to the town, 
 arising from their poor moneys, or from their gospel and school lots, 
 any portion of which is received by the trustees of a joint district, 
 they are to apply such portions exclusively for Jhe benefit of the pa- 
 rents of the children attending the school belonging to the town 
 owning such fund. And the trustees should be careful not to apply 
 any part of the money in their hands, coming from the tax voted by 
 a town, or from its common school fund, to the purchase of a libra- 
 ry or to any other purpose than the support of the common schools. 
 
 Division of Teachers 9 Money into portions, 
 i 
 
 By subdivision nine of section eighty-two, (No. 107,) trustees are 
 authorised to " divide the public moneys received by them, whenever 
 authorised by a vote of their district, into not exceeding two por- 
 tions for each year; and to assign and apply one of such portions to 
 each term during which a school shall be kept in such district, for 
 the payment of the teachers' wages, during such quarter or term." 
 Where no action is had on the subject by the district, trustees have 
 the right to appropriate the public money in such proportions to the 
 different terms as they may deem expedient. It is not essential that 
 the public money should be paid exclusively for services rendered du- 
 ring the year in which it is received : if the whole amount received 
 be " applied during the year to the payment of the compensation of 
 of qualified teachers," it is immaterial whether such wages were 
 earned wholly during that year, or in part the year previous. It is 
 of frequent occurrence for teachers to commence their term in No- 
 vember or December, and end in the succeeding spring; and there is 
 no impropriety or illegality in paying their wages for the whole 
 term, wholly or in part, from the public money received after its 
 close. 
 
116 TRUSTEES OF SCHOOL DISTRICTS. 
 
 Account Books. 
 
 Trustees are required by 104, of the act of 1847, (No. 129,) to 
 keep an account, in a book to be provided for that purpose by them, 
 from time to time, as shall be necessary, of all moneys received 
 and paid out by them in their official capacity; and a statement of 
 all moveable property belonging to the district. This account and 
 statement is to be entered at large, and signed by them, at or before 
 each annual meeting in their district. They should charge them- 
 selves on one page, with the whole amount of money received by 
 them, either from the town superintendent, on tax lists or rate bills,, 
 specifying particularly the source whence derived, and the time when 
 received; and on the opposite page credit themselves with the respec- 
 tive expenditures and payments, specifying particularly to whom,, 
 when paid, and for what purpose, and referring to the proper vouch- 
 ers on file, whenever practicable. On another page they should make 
 an accurate inventory of all the moveable property belonging to the 
 district, such as the library of the district, stating the number of the 
 volumes and their condition, and giving a catalogue of the books, 
 wherever a general reference cannot properly be made, as to the 1st, 
 2d, 3d, &c., series of the Harper library, or Nos. 1, 2, 3, &c., of the 
 Harper Library, or Family Library, &c., &c., and the furniture, ap- 
 pendages and apparatus of the school room, specifying each article. 
 The whole to be followed by a certificate in the following form: 
 
 We, the subscribers, Trustees of District No. in the town of 
 Trenton, do hereby certify that the preceding, from page to page 
 inclusive, contains a true and accurate account of all the mon- 
 eys received by us, for the use of said district, and of the expendi- 
 ture thereof: and a correct statement and inventory of all the move- 
 able property belonging to said district. 
 
 Dated this day of 18 
 
 A. B. 
 
 C. D. Trustees. 
 
 E. F. 
 
 The Calling of Annual and Special Meetings. 
 
 Trustees have power to call special meetings of the inhabitants of 
 their district liable to pay taxes, whenever they shall deem it neces- 
 sary and proper. This power should be liberally exercised for the 
 
TRUSTEES OF SCHOOL DISTRICTS. H7 
 
 benefit of the district; and special meetings should be called by the 
 trustees, whenever requested for a proper and legitimate purpose, by 
 a respectable number of inhabitants. The trustees should act as a 
 beard whenever such meetings are directed to be called; and they or 
 a majority of them, when all have been notified, may require the 
 clerk of the district, either verbally or in writing, to give the neces- 
 sary notices to the inhabitants. The object of the meeting should, 
 in all cases, be specified in the notice. Where there i 3 no clerk of 
 the district, or he is absent or incapable of acting, any one of the 
 trustees, designated by the board, may give the notices. 
 
 Where the time for holding the annual meeting has, for any rea- 
 son, passed, without the election of officeis, provision is made in sec- 
 tions 66, 67, 68, (Nos. 91, 92, 93,) for holding special district meet- 
 ings for the choice of officers. 
 
 Assessment and Collection of District Taxes. 
 
 This duty is one of the most difficult and perplexing devolved up- 
 on trustees; requiring for its proper and legal exercise, a strict con- 
 formity to the statutes in form as well as substance. A careful ex- 
 amination and collation of their various provisions in this respect 
 becomes indispensable. Any departure from the specific directions 
 thus given, is almost sure to subject the trustees to serious personal 
 liability, for which no indemnity is provided, as well as to cause em- 
 barrassment and confusion in the affairs of the district generally. In 
 order to enable them to execute this portion of their duties with ac- 
 curacy and ease, the several steps of the process will be distinctly 
 and particularly pointed out; and such directions given as will, it is 
 hoped, prevent all liability to error in its future performance. 
 
 1. General Provisions. 
 
 The general duty of trustees under this head is comprised in the 
 third and fourth subdivisions of section eighty-two, (No. 107,) and is 
 as follows: " to make out a tax list of every district tax voted by 
 any such meeting, (special, annual or adjourned,) containing the 
 names of all the taxable inhabitants residing in the district at the 
 time of making out the list, and the amount of tax payable by each 
 inhabitant set opposite to his name; to annex to such tax list a war- 
 rant directed to the collector of the district, for the collection of the 
 sums in such list mentioned. 
 
118 TRUSTEES OF SCHOOL DISTRICTS. 
 
 2. Tax List, when to be made out. 
 
 By section ninety-nine, (No. 124,) " every district tax shall be as- 
 sessed, and the tax list thereof be made out by the trustees, within 
 one month after the district meeting in which the tax shall have been 
 voted." The subsequent provisions of this section and section one 
 hundred, (No. 125,) contain modifications of the previous laws, to 
 which the attention of the trustees is requested. 
 
 The reason of this provision is obvious. The inhabitants and prop- 
 erty of school districts are constantly changing; and where a tax is 
 voted for a specific purpose, it should be assessed only upon those for 
 whose benefit it was voted, While the statute should, therefore, be 
 strictly complied with, whenever it can be, yet if a literal compli- 
 ance is prevented by accident or unavoidable circumstances, the list 
 may be made out after the expiration of the month or thirty days; as 
 the statute is supposed to be directory, and similar to that in the 
 case of the People vs. Allen, 6 Wendell, 486. The regulations of the 
 superintendent, on appeals, have allowed thirty days, within which 
 any person aggrieved, in consequence of the proceedings of any dis- 
 trict meeting, may appeal; and, as will hereafter be seen, twenty 
 days' notice is required to be given by the trustees, in case a reduction 
 is claimed, or an original assessment becomes necessary. In the first 
 case, if a copy of the appeal be served prior to the expiration of the 
 month, and before the trustees have made their assessment, the 
 time during which such appeal is pending, is not to be computed as 
 part of the month within which the tax list is to be made out, as the 
 service operates as a stay of all proceedings in any way relating to 
 or consequent upon the act complained of. Still the assessment, 
 when made out, must have reference to the property of the district as it 
 existed at the expiration of the month. In the second case, the trustees 
 must make out their tax list within the month, although they may not 
 be able, finally to complete it. They should, however, within the. first 
 ten days after the meeting at which the tax is voied, make out their 
 assessment; so that if a reduction is claimed, or an original valuation 
 is found to be necessary, they can give the twenty days' notice re- 
 quired by law, and complete their list by the expiration of the 
 month. 
 
 Errors in tax lists and rate bills have often been discovered after 
 they were made out. If discovered within a month from the time 
 the tax was voted, and nothing has been collected, the trustees may 
 
TRUSTEES OF SCHOOL DISTRICTS. 119 
 
 recall them, correct the error, and redeliver them to the collector. 
 But after the expiration of the month, and after any tax had been, 
 in whole or in part collected, they did not, previously to the act of 
 1839, possess the power of correction. In consequence they were 
 exposed to prosecutions for slight and accidental errors which might 
 have been easily corrected by parties who did not choose to take 
 the more convenient and summary mode of appealing to the Super- 
 intendent. This is now effectually remedied by 113, of the act 
 referred to, (No. 138,) by which trustees may " correct and amend 
 errors in making out any tax list on rate bill, and may refund to any 
 person any sum improperly collected in consequence of such error." 
 By availing themselves of this provision, trustees may now protect 
 themselves from vexatious suits. They need not wait for an appeal 
 by the person complaining, but as soon as they hear of any com- 
 plaint, they should investigate the case, and if they entertain any 
 doubt, they may apply at once to the Superintendent. They should 
 state all the facts as strongly against themselves as they exist in 
 truth, and should verify their statement by oath. They will then 
 possess the requisite authority to correct the error, if there be one in 
 in law or in fact, and to make out a new tax list or rate bill, if the 
 case require it, and also to refund any tax improperly collected. 
 
 3. How, and upon whom to be assessed, and for what property. 
 
 Trustees are required by 85, of the act of 1847, (No. 110,) to 
 apportion taxes " on all taxable inhabitants of the district, or cor- 
 porations holding property therein." This provision includes, of 
 course, all actual residents of the district; and is extended by 87, 
 (No. 112,) to "every person owning or holding any real property 
 within any school district, who shall improve and occupy the same 
 by his agent or servant, whether he resides in the district or not." 
 They are also to apportion taxes " upon all real estate lying within 
 the boundaries of such district, the owners of which shall be non- 
 residents, and which shall be liable to taxation for town or county 
 purposes, and shall be situated within three miles of the site of the 
 school house in such district." This includes uncultivated and un- 
 improved lands, owned by non-residents, and situated in the district; 
 and is an extension of the power given by the old act, which limited 
 the lands of non-residents, subject to taxation, to those which were 
 actually cleared and cultivated. The trustees may, in their discre- 
 tion, omit to assess any tract or parcel of unoccupied non-resident 
 land in their district, where the proportion of the tax, payable thert- 
 
120 TRUSTEES OF SCHOOL DISTRICTS. 
 
 for, would not amount to fifty cents. This provision is inserted to 
 save the trouble of the subsequent proceedings rendered necessary in 
 such cases, where so small a sum only can be finally collected. 
 
 The apportionment is also to be made according to the valuations 
 of the taxable property which shall be owned or possessed by them, 
 [the inhabitants of the district, &c., as aforesaid,] at the time of 
 making out such list; within such district, or partly within such 
 district, and partly in an adjoining district. 
 
 Taking these provisions together, the following general principles 
 may be deduced: 
 
 1. All the actual inhabitants of a district are to be taxed for the 
 whole property, real and personal, owned or held by them within 
 the district. Executors and administrators having in their posses- 
 sion or under their control the property of their testator or intestate, 
 within the district, are taxable therefor, in their representative capa- 
 city, as executors, &c. 
 
 2. They are also taxable for any real property owned by them, 
 lying partly within such district and partly in an adjoining district ; 
 that is, for such property as at the time of making out the tax list 
 is owned by them and intersected by the boundaries of the district. x 
 In this respect the old law is not substantially altered. Nor is it in 
 any sense material when the title of the owner to the whole or any 
 part of the land so intersected accrued, whether before or after the 
 organization of the district, so that it belonged to him at the time of 
 making out the tax list, and is then intersected by the boundaries of 
 such distiict. In such case,, no matter what may be the respective 
 proportions of the land owned in each district; the owner is taxable 
 for the whole farm or property belonging to him, and so connected, 
 in the district where he resides, only; and being so liable there, he 
 cannot, of course, be taxed for the same property in any other dis- 
 trict. 
 
 3. All non-resident owners of real estate in the district, who im- 
 prove and occupy the same by their agents or servants, are by 87 
 (No. 112,) taxable therein for the property so owned, improved and 
 occupied, in the same manner as though they actually resided there- 
 in. This provision is also to be construed in connexion with those 
 above referred to, and is applicable in its full extent only to cases 
 
TRUSTEES OF SCHOOL DISTRICTS. 121 
 
 where the property so occupied is wholly situated in the district. 
 Where it is situated partly in the district where the owner actually 
 resides, it is taxable only in that district. And where it is situated 
 partly in two or more districts, in neither of which the owner re- 
 sides, each district must tax such owner only for the part actually 
 within its boundaries. It is also to be borne in mind, that this class 
 of cases is distinct from that in which the land is occupied by a te- 
 nant, and also from that in which it is so occupied by a person 
 working it under a contract for a share of the produce of such land. 
 In each of these cases the actual possessor is to be taxed in the same 
 manner as though he were the owner. See 86, (No. Ill ante,) 
 and 88, (No. 113.) 
 
 4. All real estate situate in a district, within three miles of the 
 school house therein, and owned by non-residents, not included in 
 either of the above class of case.*, is also liable to taxation, and 
 forms the subject of the directions contained in 89 to 95 inclusive, 
 in the act of 1847, (Nos. 114, 120, both inclusive.) 
 
 5. Land in the district belonging to corporations, whether culti- 
 vated or not, is taxable for school district purposes. The provision 
 in the act in this respect, produces a material alteration of the law 
 as it formerly stood, and renders turnpike and railroad corporations 
 taxable for so much of the land owned by them as is situated within 
 the respective school districts through which their roads pass. Such 
 corporations, and all others, are to be regarded as residents of the 
 districts where their principal place of carrying on business is situa- 
 ted, and non-residents elsewhere. The mode of proceeding where 
 they are non-residents is specifically pointed out by 89, of the act 
 (No. 114,) and the subsequent sections. 
 
 Proceedings in case of unoccupied and unimproved non-resident 
 
 lands. 
 
 When any real estate within a district liable to taxation is unoc- 
 cupied, the trustees at the time of making out their tax list, are re- 
 quired by 89, (No. 114,) whenever they impose a tax on such 
 property, " to make and insert in such tax list, a statement and^ de- 
 scription of every such lot, piece or parcel of land, so owned by non- 
 residents therein, in the same manner as required by law from town 
 assessors in making out the assessment rolls of their towns." If the 
 tax is returned by the collector unpaid, upon receiving from him an 
 
122 TRUSTEES OF SCHOOL DISTRICTS. 
 
 account thereof, with the descriptions of the property as directed to 
 be made and the amount of the tax, together with an affidavit of the 
 fact of non-payment, and of due diligence used for the collection, 
 the trustees are to credit him with the amount, 90, (No. 115,) to 
 compare the account so rendered with the original tax list, certify 
 to its accuracy, and transmit it, together with the collector's affidavit 
 and their certificate to the county treasurer, 9J, (No. 116,) who is 
 to pay the amount so returned out of any moneys in the treasury 
 raised for contingent expenses. 92, (No. 117.) Such county trea- 
 surer is to lay the account, affidavit and certificate before the board 
 of supervisors, who are to cause the amount of such unpaid taxes, 
 with seven per cent, in addition, to be levied on the lands of the re- 
 spective non-residents liable to pay the same; which amount when 
 collected, is to be returned to the county treasury, to reimburse the 
 amount so advanced, with the expense of collection. 93, (No. 118.) 
 Any person whose lands are included in any such account, may pay 
 the tax assessed thereon to the county treasurer, at any time before 
 the board of supervisors shall have directed the same to be levied. 
 94, (No. 119.) The same proceedings are to be had for the col- 
 lection of the amount so directed to be raised by the board of super- 
 visors, as are provided by law in relation to taxes on non-resident 
 lands generally; and upon a return to the comptroller of the arrears 
 uncollected, the amount is to be paid on his warrant to the county 
 treasurer, and the state is to collect the same in the manner pre- 
 scribed by law in respect to arrears of county taxes upon lands of 
 non-residents. 95, (No. 120.) 
 
 To enable trustees the better to perform the duties thus devolving 
 upon them, that portion of the Revised Statutes referred to in 89, 
 (No. 114,) and which is applicable, is hereto annexed: 
 
 " 11. The lands of non-residents shall be designated in the 
 same assessment roll, but in apart thereof separate from the other as- 
 sessments, and in the manner prescribed in the two following sec- 
 tions. 
 
 " 12. If the land to be assessed, be a tract which is subdivided 
 into lots, or be part of a tract which is so subdivided, the assessors 
 shall proceed as follows: 
 
 " 1. They shall designate it by its name, if known by one, or if 
 it be not distinguished by a name, or the name be unknown, they 
 shall state by what other lands it is bounded: 
 
. TRUSTEES OF SCHOOL DISTRICTS. 123 
 
 " 2. If they can obtain correct information of the subdivisions they 
 shall put down in their assessment rolls, and in a first column, all 
 the unoccupied lots in their town or ward, owned by non-residents, 
 by their numbers alone and without the names of their owners, be- 
 ginning at the lowest number and proceeding in numerical order to 
 the highest: 
 
 " 3. In a second column, and opposite to the number of each lot, 
 they shall set down the quantity of land therein, liable to taxation: 
 
 " 4. In a third column, and opposite to the quantity, they shall set 
 down the valuation of such quantity: 
 
 " 5. If such quantity be a full lot, it shall be designated by the 
 number alone; if it be a part of a lot, the part must be designated 
 by boundaries, or in some other way, by which it may be known. 
 
 " 13. If the land so to be assessed, be a tract w r hich is not subdi- 
 vided, or if its subdivisions cannot be ascertained by the assessors, 
 they shall proceed as follows: 
 
 " 1. They shall enter in their roll the name or boundaries thereof, as 
 above directed, and certify in the roll that such tract is not subdivi- 
 ded, or that they cannot obtain correct information of the subdivi- 
 sions, as the case may be: 
 
 " 2. They shall set down in the proper column, the quantity and 
 valuation as above directed: 
 
 " 3. If the quantity to >e assessed be the whole tract, such a de- 
 scription by its name or boundaries will be sufficient; but if a part 
 only is liable to taxation, that part or the part not liable, must be 
 particularly described: 
 
 " 4. If any part of such tract be settled and occupied by a resident 
 of the town or ward, the assessor shall except such part from their as- 
 sessment of the whole tract, and shall assess it as other occupied 
 lands are assessed." 
 
 The residue of the sections relates to the making of a map which 
 is supposed not to be applicable to trustees of school districts; if a 
 map is already on file, the trustees might refer to it in aid of their 
 descriptions. 
 
124 TRUSTEES OF SCHOOL DISTRICTS. 
 
 4. Valuations of property, how ascertained, and mode of proceeding 
 when reduction is claimed. 
 
 The valuations of taxable property are to be ascertained as far as 
 possible from the last assessment roll of the town, and no person is 
 entitled to any reduction in the valuation so ascertained, unless he 
 gives notice of his claim to such reduction, to the trustees of the dis- 
 trict before/the tax list shall be made out. 96, (No. 121.) 
 
 The assessment roll of the town when signed and certified accor- 
 ding to the provisions of the 26th section of title 2, chap. 13, 1 Re- 
 - vised Statutes, is to be deemed the last assessment roll of the town. 
 By 27, of the same title, this roll is to be delivered to the supervi- 
 sor of the town on or before the first day of September in each year, 
 to be by him delivered to the board of supervisors at their next 
 meeting. 
 
 According to the opinion of the supreme court, in 7 Wendell, 89, 
 the roll is then to be deemed completed, so that the trustees may 
 use it as the basis of their tax list. It is true, that it may after- 
 wards be altered by the board of supervisors, by increasing or 
 diminishing the aggregate valuation of real estate of the town 
 to make it correspond with that of other towns. But it is obvi- 
 ous this will not affect the proportion between the inhabitants of 
 of the same town, so that an assessment apportioned on either 
 roll would be the same, so far as the real estate is concerned. 
 Should the proportions be varied when real and personal estates are 
 assessed to the same person, yet under the decisions referred to, the 
 tax list made out upon the assessment roll as completed by the as- 
 sessors before any variation made by the supervisors would be valid. 
 If any change is made by them, a subsequent tax list should vary 
 also in the same particulars. Generally, the roll completed by the 
 assessors will be a guide, but the trustees cannot be safe without re- 
 curring to the roll after its correction by the supervisors, as it has 
 been held by the supreme court in the case above referred to, and in 
 other cases, that if the tax list is made upon an assessment roll that 
 is not the last valid one, the trustees will be personally liable. 
 
 The question is often raised, how far, and to what extent, the last 
 assessment roll of the town is to be followed in the valuations of 
 trustees in levying taxes. It is to be adopted as the sole guide, where 
 a valuation has actually been made by the assessors on property, the 
 condition of which remains substantially the same. But where im- 
 
- T 
 
 TRUSTEES OF SCHOOL DISTRICTS. 125 
 
 provemenfs have been made on real estate which has thereby actual- 
 ly been enhanced in value since the last assessment roll was comple- 
 ted, or wher.e any material change has occurred in the situation of 
 the, property, it is obvious that the last assessment roll ceases to be a 
 standard of valuation. So, where an inhabitant acquires or parts 
 with personal property, since the assessment roll was made out. And 
 it is to be recollected that trustees are bound to follow the last as- 
 sessment roll as far as possible, only with a reference to the valua- 
 tions of property. Where it has changed hands, they are to put the 
 assessment to the present owner, adopting the valuation of the town 
 assessors. Where for instance one inhabitant sells his farm to ano- 
 ther, the trustees in levying a tax are to assess the farm to the ven- 
 dee, at the valuation of the town assessors, where no substantial 
 improvement enhancing its value has occurred in the mean time, re- 
 ducing if the circumstances require it, the valuation of his personal 
 property, by the amount paid or secured to be paid as consideration 
 money of the purchase, and increasing by the same amount, the va- 
 luation of the personal estate of the vendor. In either of these ca- 
 ses however, as an original valuation of the trustees in part would 
 become necessary, the proceedings prescribed by 97, (No. 122,) 
 would be requisite. But where a mere exchange of real estate is 
 effected, no change in the valuations should be made, unless in the 
 cases above specified, of substantial improvements or alterations, the 
 names of the respective persons liable, only, requiring to be chan- 
 ged. 
 
 Where a reduction is duly claimed, and where, for any reason, the 
 valuation of taxable property cannot be ascertained from the last as- 
 sessment roll of the town, the trustees are required by 97, (No. 
 122,) to " ascertain the true value of the property to be taxed from 
 the best evidence in their power; giving notice to the persons inter- 
 ested, and proceeding in the same manner as the town assessors are 
 required by law to proceed in the valuation of taxable property." 
 The proceedings to be had in such cases are specifically and parti- 
 cularly pointed out in the extract from the Revised Statutes relating 
 to the assessment of taxes, pages 123 and 124 ante, to which the at- 
 tention of the trustees is referred. Substituting the word " trustees" 
 for " assessors," wherever it occurs, the directions there given will 
 afford a perfect guide in all proceedings under section 97. It has 
 been decided by the Superintendent, p. 319, Decisions, &c. that the 
 notice may be given by posting it in three public places. It is to be 
 given in all cases of variation from the town assessment roll. 
 
126 TRUSTEES OF SCHOOL DISTRICTS. 
 
 5. Tax for building School-House. 
 
 By 98, (No. 123,) the trustees in assessing a tax for building a 
 schoolhouse, are to exempt any person set off to their district with- 
 out his consent, from any other district, within four years preceding 
 the assessment of such tax, who shall have actually paid within that 
 period, in the district fiom which he was taken under a lawful as- 
 sessment therein, a district tax for the same purpose. The burden of 
 proof in this case undoubtedly rests with the persons claiming the 
 exemption, as the trustees can have no official knowlege of the fact. 
 
 6. When taxes may be imposed by trustees without being specifically 
 
 voted. 
 
 By 109, of the act of 1847, (No. 134,) " When the trustees of 
 any school district are required or authorised by law, or by vote of 
 their district, to incur any expense for such district, and when any 
 expenses incurred by them, are made by express provision of law a 
 charge upon such district, they ma)" raise the amount thereof by tax 
 in the same manner as if the deiinite sum to be raised had been vo- 
 ted by a district meeting, and the same shall be collected and paid 
 over in the same manner." 
 
 By 104, (No. 129,) the trustees are required to purchase two 
 byank books for the purpose specified in that section, and by sub. 7, 
 of 62, (No. 87,) a book is to be provided for recording the pro- 
 ce edings of the district. The trustees will be justified in imposing a 
 tax, or adding to the amount of any voted by the district, for the ex- 
 pense of these books. 
 
 They are also to impose a tax for the deficiency of teachers' wa- 
 ges, occasioned by the exemption of indigent pupils, as explained in 
 the remarks on that subject. 
 
 7. Form of a District Tax List to raise any tax voted or charged 
 
 on a district, and of a warrant for its collection. 
 
 List of taxes apportioned by the trustees of district No. , in 
 
 the town of Trenton, on the taxable inhabitants of said district, and 
 corporations holding property therein, and upon real estate lying 
 within the boundaries of such district, the owners of which are non- 
 residents thereof, for the purpose of raising the sum of 
 laid and charged on the said district, according to law. 
 
TRUSTEES OF SCHOOL DISTRICTS. 
 
 127 
 
 Names of inhabitants and corporations. 
 
 James Thomas, 
 
 The President, Directors, and Company of 
 the Bank of Utica, 
 
 James Thomas, executor of the estate of 
 John Thomas, deceased, , 
 
 Statement and description of unoccupied and unimproved lands of 
 non-residents of said district , upon which a tax has bten imposed 
 as above stated. 
 
 '"* 
 
 ! ~i ' 
 
 tefr 
 
 
 
 "3 Zju c 
 
 
 
 c 
 
 No. and description of lots and parts 
 
 
 .1 3 
 
 -"~* M 
 
 1 
 
 of lots. 
 
 
 ,5 -c 
 
 o 
 
 
 3 ^_ .^, *- 
 
 cc " 
 
 2 
 
 
 ^ 
 
 ^ s 
 
 3 
 
 No. 17, 
 
 10 acres. 
 
 $25 00 
 
 $0 75 
 
 Southwest quarter of lot No. 23,. . . 
 
 2J do 
 
 6 00 
 
 50 
 
 Tract not subdivided, 
 
 5 do 
 
 10 00 
 
 62i 
 
 or 
 
 
 
 
 Tract, the subdivision of which can- 
 
 
 
 
 not be ascertained, bounded north 
 
 
 
 
 by lot No. 17, south by north line 
 
 
 
 
 ' of A. B.. east by lot 15, and west 
 
 
 > ' 
 
 
 by town line, 
 
 do 
 
 do 
 
 do 
 
 To the collector of school district No. in the town of Tren- 
 ton, in the county of Oneida: 
 
 You are hereby commanded to collect from each of the taxable 
 inhabitants and corporations named in the foregoing list, and of the 
 owners of the real estate described therein, the several sums men- 
 tioned in the last column of the said list, opposite to the persons 
 and corporations so named, and to the several tracts of land so de- 
 scribed, together with five cents on each dollar thereof for your fees: 
 and in case any person upon whom such tax is imposed, shall neg- 
 ect or refuse to pay the same, you are to levy the same by distress 
 and sale of the goods and chattels of the person or corporation so 
 taxed, in the same manner as on warrants issued by the board of su- 
 pervisors to the collectors of towns; and you are to make a return 
 of this warrant within thirty days after the delivering thereof to you; 
 and within that time to pay over all moneys collected by virtue here- 
 of to the trustees of the said district, some or one of them; and if 
 
128 TRUSTEES OF SCHOOL DISTRICTS. 
 
 any tax on the real estate of a non-resident mentioned in the said 
 list shall be unpaid at the time when you are required to return this 
 warrant, you are to deliver to the trustees of the said district an ac- 
 count thereof, according to law. 
 
 Given under our hands this day of in the year one thou- 
 sand eight hundred and forty 
 
 A. B. j 
 
 C. D [Trustees. 
 
 E. F. ) 
 
 It is not necessary for the trustees to affix their seals to any war- 
 rant. 
 
 8 Renewal of Warrants. 
 
 By 112 (No. 137,) the trustees are expressly authorized to re- 
 new a warrant against any delinquent person once; but in analogy 
 to a decision of the supreme court, relating to warrants for the col- 
 lection of town and county taxes, it has been supposed that a war- 
 rant issued by trustees of school districts could not be renewed more 
 than once. This has been remedied by the 1 13 (No. 138.) They may 
 now be renewed as often as may be necessary, with the approbation 
 of the town superintendent, but not otherwise. Applications for such 
 approbation must state the facts and circumstances, and the reason 
 why the warrant has not been collected, and must be verified by oath. 
 Such renewal may be in the following form, endorsed on the waf- 
 rant: 
 
 We hereby renew the within warrant, with the approbation of the 
 town superintendent of common schools, this day of 184 
 
 Trustees. 
 
 IV. Duties of Trustees in relation to the purchase, cus- 
 tody and sale of school houses and sites, the repair of 
 such houses, and furnishing them with necessary fuel 
 and appendages. 
 
 1. Purchase and custody of school houses. 
 
 By sub. 5, of 82, (No. 107,) trustees of school districts are vest- 
 ed with full and ample powers for carrying out the vote of the dis- 
 trict, for the procurement of a site and building, by hiring or pur- 
 
TRUSTEES OF SCHOOL DISTRICTS. 129 
 
 chasing, and for furnishing and repairing the school house; and by 
 sub. 6, of the same section, they are " to have the custody and safe 
 keeping of the district school houses." 
 
 Questions have frequently arisen, as to the extent of the power 
 conferred by this last subdivision; and to what uses the school house 
 should be confined by the trustees. 
 
 The general principle in relation to questions of this nature aris- 
 ing in the several school districts, is this: that it is the duty of the 
 trustees to exercise such a general supervision over the care and 
 management of the district school house, as that the instruction of 
 pupils in the school shall not be embarrassed by any use of the house 
 other than for school purposes; and that the property of the district, 
 and the furniture, books, and papers belonging to the school, or the 
 pupils shall not be injured or destroyed. Any use of the house in 
 subordination to these restrictions, and not inconsistent with the main 
 purposes for which it was designed, must be left to the determina- 
 tion and pleasure of those to whom it belongs, whose wishes and di- 
 rections in this respect, the trustees are bound to carry out. The 
 school house is the property of the district and subject to its control, 
 within the limitations of the law. The purpose for which it was 
 erected must be pursued, and nothing can be suffered to interfere 
 with that. Upon this principle, and subject to the restrictions and 
 limitation referred to, it may be used out of school hours, and when 
 not wanted for any district purpose, for religious meetings, Sunday 
 schools, lectures, debating societies, or any other moral, literary or 
 useful purpose, with the approbation of a majority of the district 
 and the consent of the trustees, or any two of them. 
 
 2. Sale of School House and Site. 
 
 A very important branch of the duties incumbent upon trustees, is 
 that which relates to the disposition of the school house and site, 
 when no longer required for district purposes. By 74, (No. 99f) 
 the inhabitants of the district are authorized, whenever the site o, 
 the school house has been legally changed, to direct the sale of the 
 former site, together with the buildings and appurtenances, or any 
 part thereof, at such price, and upon such terms as they shall deem 
 most advantageous to the district. In this the trustees act merely as 
 
130 TRUSTEES OF SCHOOL DISTRICTS. 
 
 the ministerial officers of the district, and are bound to carry out the 
 directions of the inhabitants. They are to execute the necessary 
 conveyances to the purchaser; and when a credit is directed to be 
 given for any portion of the consideration money, they are to take, 
 in their corporate name, such security, by bond and mortgage or 
 otherwise, as they may think proper; to hold the same as a corpo- 
 ration, and account to their successors; and they are also authorized, 
 in their name of office to sue for and recover the moneys due and 
 unpaid upon any security so taken by them, or their predecessors, 
 with interest and costs. They are by 75, of the same act, (No. 
 100,) to apply the moneys arising from such sale to the expenses in- 
 curred in procuring a new site, and in removing or erecting a school 
 house, so far as such application shall be necessary. 
 
 By 50, (No. 75.) " Whenever two or more districts or parts of 
 districts shall be united, and there shall be more than one school 
 house in such new or altered district, the trustees of such district 
 may sell the site and buildings thereon, of either or both the school 
 houses situated in such new district." 
 
 3. Modes of providing Fuel. 
 
 There are three modes of providing fuel for the use of school dis- 
 tricts. 1st. By a specific tax for that purpose, to be voted by the 
 inhabitants: 2d. Where this mode is not adopted, the trustees are 
 directed by 107, (No. 132,) to determine the proportion which 
 every person sending children to school shall be liable to provide, 
 according to the number sent by each, exempting indigent persons: 
 and 3d. " If any person liable to provide such fuel, shall omit to pro- 
 vide the same, on notice from any one of such trustees, it shall be 
 the duty of the trustees to furnish such fuel, and to charge the per- 
 son so in default, the value of or amount paid for the fuel furnished," 
 108, (No. 133,) and to add such amount to his rate-bill, or prose- 
 cute for and collect the same. 108, (No. 133.) 
 
 Trustees should see that the respective proportions of fuel are 
 promptly furnished by the inhabitants, or the amount due, on neg- 
 lect, promptly collected. 
 
 The statue uses the term " fuel/' which imports wood or other ma- 
 terial in a state fit for use. The trustees should not receive large or 
 green logs, which require splitting or cutting; but should require the 
 wood to be adapted to the fire place or stove. Unless this is done 
 by those who are to furnish the fuel^ there are no means of having 
 
TRUSTEES OF SCHOOL DISTRICTS. 131 
 
 it prepared. It cannot be said to be the duty of the teacher or of 
 the pupils, to cut or split, or in any way to prepare the materials 
 sent for use. Great inconvenience has been frequently experienced 
 from the omission to supply proper fuel, and the schools have often 
 been dismissed in consequence. 
 
 V. The employment of teachers and their payment, and 
 the making out and collecting of rate bills. ' 
 
 1. Contracts with Teachers. 
 
 By subdivision 7 of 82, (No. 107,) trustees are " to contract 
 with and employ all teachers in the district." 
 
 The most fruitful source of difficulty in school districts, and of ap- 
 plications to the superintendent, has been the loosness and irregularity 
 with which these contracts have been made. In some districts the 
 trustees have agreed to pay the teacher the whole amount T)f public 
 money that should be received, be it more or less. This is unjust to 
 the teacher or the district, and has almost always led to contention. 
 The agreement should be to pay him a specific sum by the month or 
 by the quarter, adequate to the value of his services. If the public- 
 money is not sufficient, the deficiency should be supplied by a rate 
 bill. It is not to be believed that any intelligent citizen will con- 
 sider that sordidness to be economy which prefers that their children 
 should be brought up in ignorance, or instructed in error, rather than 
 contribute the mere trifle which will secure them an education, at least 
 sound and accurate, as far it goes. When the rewards which other 
 professions and avocations hold out to talent, knowledge and indus- 
 try, are so liberal, how can it be expected that persons, competent to 
 the great business of instruction, should devote themselves to it for a 
 compensation inadequate to their support? 
 
 If the public money should be more than sufficient to remunerate 
 the teacher, the trustees should consider whether they may not estab- 
 lish another school or distinct department. A large amount of pub- 
 lic money indicates a large number of children over five and under 
 sixteen, and of course there will be the materials for a large school, 
 or for more than one, especially if they are of a character to com- 
 mand respect and inspire confidence. 
 
 It is strongly recommended that wherever it shall be practicable, 
 
132 TRUSTEES OF SCHOOL DISTRICTS. 
 
 there be a separate school for boys under the charge of a male teach- 
 er, and another for girls under a female. 
 
 Should there be a surplus of public money after paying a fair and 
 just equivalent to the teachers who can be usefully employed, the dis- 
 trict will always be relieved from the consequences of not expending 
 the whole, upon application to the superintendent. 
 
 A practice prevails to some extent, of contracting with teachers 
 that they shall collect the rate bill, or the sum that may be deficient 
 after applying the public money. This is wholly illegal, and is sure 
 to involve trustees and teachers in difficulty. The deficiency must 
 be collected by the trustees, by warrant, annexed to a rate bill, and 
 delivered to the collector. The superintendent has constantly refused 
 to interfere in all cases wJ'ere any arrangement for the collection of 
 teachers' wages, other than that prescribed by law has been made; 
 and he will steadily continue such refusal. The expression in subdi- 
 vision 8* of 82, (No. 107,) " excepting such sums as may have 
 been collected by the teachers," implies that they may collect their 
 wages. But this can apply only to the case of voluntary payment, 
 and does not justify trustees in abandoning the means of collection 
 provided by law. 
 
 Another practice requires notice. It is that of trustees engaging 
 with a teacher that he shall board with the parent of the children 
 alternately. There is no authority for such a contract, and it cannot 
 be enforced on the inhabitants. This compulsory boarding gives oc- 
 casion to constant altercation and complaint, which often terminates 
 in breaking up the school. The best arrangement is to give the 
 teacher a specific sum and let him board himself. But there are some 
 districts so destitute that it may afford the inhabitants considerable 
 relief to be permitted to board the teacher. In such cases the object 
 can be obtained in another way. Let the trustees contract with the 
 teacher at a specific sum per month, or by the quarter, and they then 
 agree with him, that if he shall be afforded satisfactory board at the 
 house of any of the inhabitants, he will allow whatever sum may be 
 agreed on per week for such board, to be applied to his wages, and 
 will give an order on the trustees for the amount, to the person with 
 whom he boards: and the trustees may then accept such order from 
 the inhabitants, as payment to that extent upon his'tuition bill, and 
 deduct it from the amount to be paid the teacher, after having paid 
 him the whole of the public money. 
 
TRUSTEES OF SCHOOL DISTRICTS. 133 
 
 It is strongly recommended that all contracts with teachers be 
 snade in writing, and a duplicate kept by each party. In no other 
 way can justice be done to the parties in case of any dispute 
 
 The power of the trustees to contract with and employ teachers, 
 cannot be controlled by the inhabitants: although it should never be 
 exercised unless under very peculiar circumstances, in opposition to 
 the known wishes of a decided majority of the district. 
 
 2. Mode of Paying Teachers. 
 
 $ This is specifically provided for by 82, (No. 107,) above re- 
 referred to. By subdivision eight, the trustees are " to pay the 
 wages of such teachers, when qualified, out of the moneys which shall 
 come into their hands from town superintendents of common schools, 
 so far as such moneys shall be sufficient for that purpose; and to col- 
 lect the residue of such wages, excepting such sums as may have 
 been collected by the teachers, from all persons liable therefor." 
 
 By subdivisions nine, ten, eleven, twelve, thirteen and fourteen, 
 they are, 
 
 " To divide the public moneys received by them, whenever author- 
 ised by a vote of their district, into not exceeding two portions for 
 each year, to assign an.l apply one of such portions to each term du- 
 ring which a school shall be kept in such district, for the payment 
 of the teachers' wages during such quarter or term; and to collect 
 the residue of such wages, not paid by the proportion of public mo- 
 ney allotted for that purpose, from the persons liable therefor, as 
 above provided, 
 
 " To exempt from the payment of wages of teachers, either wholly 
 or in part, such indigent persons within the district as they shall think 
 proper, in any one quarter or term, and the same shall be a charge 
 upon such district: 
 
 " To certify such exemptions, and deliver the certificate thereof, 
 to the clerk of the district, to be kept on file in his office: 
 
 " To ascertain, by examination of the school lists kept by such teach- 
 ers, the number of days for which each person not so exempted, shall 
 be liable to pay for instruction, and the amount payable by each per- 
 son. 
 
134 TRUSTEES OF SCHOOL DISTRICTS. 
 
 " To make out a rate bill containing the name of each person so 
 liable, and the amount for which he is liable, and to annex thereto 
 a warrant for the collection thereof: and 
 
 " To deliver such rate bill, with the warrant annexed, to the col- 
 lector of the district, as directed by subdivision 14, of 82 (No. 
 107,) and 83, (No. 108.) 
 
 By 84, of the same act, (No. 109,) " where by 'reason of the 
 inability to collect any tax or rate bill, there shall be a deficiency in 
 the amount r cd, the inhabitants of the district, in district meeting, 
 shall direct the i nng of a sufficient sum to supply such deficiency, 
 by tax, or the same hall be collected by rate bill, as the case may 
 require." 
 
 In accordance with these several provisions, trustees of districts in 
 making out their rate bills, will hereafter proceed as follows: 
 
 1. They will first ascertain the amount due to the teacher, under 
 his contract, for the first quarter's services. 
 
 2. They will then apply so much of the public money as is appli- 
 cable to the term, in diminution of such amount. 
 
 3. They will assess the balance upon each inhabitant who has sent 
 to the school during the term, (including indigent persons) according 
 to the number of children and of days sent by each, as appears by 
 the verified list kept by the teacher, under the 104th section of the 
 aforesaid act. (No. 129.) 
 
 4. They will then proceed to exempt, either wholly or in part, 
 such indigent inhabitants as they may think proper for the payment 
 of their proportion of such assessment, and certify the whole amount 
 of such exemptions, and deliver the certificate thereof to the clerk of 
 the district, to be kept by him. 
 
 5. They will then make out a rate bill against those exempted in 
 part, for the balance remaining after such partial exemption, and 
 against those not exempted either wholly or in part, for the collec- 
 tion of the amounts assessed against them respectively, and add their 
 warrant, in the usual manner. Such warrants need not be under seal, 
 and may be executed by the collector " in any other district or town, 
 in the same manner, and with the like authority, as in the district 
 for which he was chosen or appointed." (No. 128.) 
 
TRUSTEES OF SCHOOL DISTRICTS. 135 
 
 6. The trustees will collect the amount of exemptions, as certified 
 by them, by a tax, which they are authorised to impose by the 109th 
 section (No. 134,) upon all the taxable inhabitants of the district, 
 " in the same manner as if the definite sum to be raised had been 
 voted by a district meeting." They may immediately proceed to im- 
 pose this tax; or they may add the amount to any tax thereafter im- 
 posed for district purposes, as may be most convenient. 
 
 Trustees should exercise a liberal discretion in making exemptions 
 in behalf of indigent inhabitant?, so that the charge for tuition shall 
 in no case be burdensome: while on the other hand, they should ne- 
 ver allow the consideration of the trifling amount of the general tax 
 for such exemption when levied upon the whole taxable property of 
 the district, to tempt them .into an unnecessary exercise of the pow- 
 ers confided to them. 
 
 To illustrate this proceeding more fully, let us apply the several 
 steps necessary to be taken in ordinary cases. Suppose a teacher 
 employed for the usual term of four months at $20 per month. The 
 public money, including local funds, belonging to the district, and 
 applicable to the term, either by the decision of a district meeting, 
 as above specified, or by the determination of the trustees, is $40: 
 the amount due the teacher for his quarter's services is of course $80, 
 of which the trustees pay him $40 at once, from the public money, 
 and take his receipt therefor. They then call upon him for his list, 
 kept and verified according to the provisions of 104, (No. 129,) and 
 after having ascertained from such list, the number of days' attendance 
 for which each person sending to school is liable, they will proceed to 
 assess the respective proportions of the remaining $40, from each, ac- 
 cording to the whole number of days and children sent. Thus if one in- 
 habitant has sent four children for 104 days, he will be charged for 416 
 days, and so on. Suppose upon adding up the whole number of days 
 thus ascertained, the total is found to be 4,000, for the average attend- 
 ance of 40 scholars for the whole term: the proportion of $40 due 
 for one scholar for each day, would be one cent: and this multiplied 
 by the number of days each scholar attended, would give his propor- 
 tion: and by adding the proportions of each belonging to the same 
 family, the amount due from each person sending to school is ascer- 
 tained. The trustees then make out an assessment in the following 
 form: 
 
 
136 
 
 TRUSTEES OF SCHOOL DISTRICTS. 
 
 Form of Assessment. 
 
 Assessment containing the name of each person liable for teach- 
 ers' wages in district No. in the town of Trenton, for the term 
 ending on the day of 184 , and the amount for which each 
 person is liable. 
 
 Names of inhabitants sending to school. 
 
 Whole No. 
 of days sent. 
 
 Amount of 
 school bill. 
 
 John Jackson, 
 
 104 
 
 $1 04 
 
 
 416 
 
 4 16 
 
 Timothy Warner, . , 
 
 312 
 
 3 12 
 
 Peter Barney, t 
 
 50 
 
 50 
 
 
 54 
 
 54 
 
 
 416 
 
 4 16 
 
 
 104 
 
 1 04 
 
 
 104 
 
 1 04 
 
 
 520 
 
 5 20 
 
 John Radcliff, 
 
 520 
 
 5 20 
 
 
 520 
 
 5 20 
 
 
 520 
 
 5 20 
 
 
 360 
 
 3 60 
 
 
 
 
 
 3.120 
 
 $40 00 
 
 The assessment should be signed by the trustees and filed with the 
 district clerk. 
 
 The next step is to exempt such indigent persons as the trustees 
 may think proper, from the payment of the sums set opposite to their 
 names, either wholly or in part. Suppose Peter Barney to be ex- 
 empted wholly, and Thomas Jones and John Radcliff each from the 
 payment of one-half the amounts assessed to them; the trustees will 
 first make out a certificate, to be filed with the clerk of the district 
 in the following form: 
 
 3. Certificate of exemption. 
 
 We, the undersigned, trustees of District No. in the town of 
 
 Trenton, do certify, that we have this day exempted Peter Barney 
 from the payment of any share of the wages of the teacher employed 
 in said district for the term ending on the day of 
 
 18 and Thomas Jones and John Radcliff each from the payment 
 of one half the amount assessed to them respectively, as their share 
 of such wages. 
 
 Dated Uis day of 18 
 
 A. B. ) 
 
 C. D. \ Trustees. 
 
 E. F.S 
 
TRUSTEES OF SCHOOL DISTRICTS. 
 
 137 
 
 They will then proceed to make out their rate bill and warrant in 
 the following manner: 
 
 Form of Rate Bill and Warrant. 
 
 Rate bill, containing the name of each person liable for teachers' 
 wages, in District No. in the town of Trenton, for the term end- 
 ing on the day of 184 and the amount for which 
 each person not exempted, either wholly or in part, from the pay- 
 ment of such amount, is so liable, with the fees of the collector 
 thereon. 
 
 Names inhabitants sending 
 to school. 
 
 <*-( 
 
 
 f-t 
 
 o> * 
 
 G ^ 
 
 "o " 
 
 ~o 
 
 
 
 3 
 
 o r^ 
 a 
 
 
 
 I 
 
 
 John Jackson, 
 
 104 
 
 $1 04 
 
 
 James Johnson, 
 
 416 
 
 4 16 
 
 
 Timothy Warner, 
 
 312 
 
 3 12 
 
 
 Solomon Kinney, 
 
 54 
 
 54 
 
 
 
 416 
 
 4 16 
 
 Paid to teacher. 
 
 
 J04 
 
 1 04 
 
 
 
 104 
 
 1 04 
 
 $3 paid to teacher. 
 
 
 520 
 
 2 60 
 
 
 
 520 
 
 2 60 
 
 
 
 520 
 
 5 20 
 
 
 
 520 
 
 5 20 
 
 
 
 360 
 
 3 60 
 
 
 
 
 
 
 
 3,070 
 
 36 90 
 
 
 To the Collector of School District No. 
 ton, in the county of Oneida. 
 
 in the town of Tren- 
 
 You are hereby commanded to collect from each of the persons in 
 the annexed rate bill named, the several sums mentioned in the last 
 column thereof, with five per cent for your fees, excepting such sums 
 as may have been collected by the teacher or paid to the trustees; 
 and within thirty days after receiving this warrant to pay the amount 
 so collected by you, into the hands of the trustees of said district, or 
 one of them; and in case any person therein named shall neglect or 
 
138 TRUSTEES OF SCHOOL DISTRICTS. 
 
 refuse to pay the amount set opposite his name as aforesaid, you 
 are to levy the same by distress and sale of the goods and chattels 
 of such person. 
 
 Given under onr hands, this day of in the year 
 
 of Lord one thousand ei^ht hundred and 
 
 A. B.1 
 
 C. D > Trustees. 
 E. F. ) 
 
 There will still remain $3.10 of the amount due the teacher for 
 his wages, being the amount of exemptions by the trustees; and this 
 sum must be levied by tax on all the taxable inhabitants of the district 
 and corporations holdipg property therein, in the same manner as 
 though such amount had been actually voted by the district to be 
 raised. If the teacher can wait upon the district, or the trustees 
 choose to advance the money in its behalf, the amount may be added 
 to the next tax that may be voted for district purposes. It should, 
 however, be assessed within a reasonable time; and wherever the 
 amount of exemptions is sufficient to warrant an immediate assess- 
 ment, it should at once be levied. The trustees must exercise a sound 
 discretion in this respect, with reference to the amount to be raised, 
 and the probability of an early opportunity to add it to some district 
 tax. 
 
 Any inhabitant of the district liable for the payment of teachers' 
 wages, may pay his proportion to the trustees, at any time before 
 the expiration of thirty days after the rate bill is actually made 
 out; and such payment exempts him, to the extent so paid from the 
 operation of the rate bill. The language of the 8th subdivision of 
 82, (No. 107,) recognizes the right of collection on the part of the 
 teacher; although, as before remarked, its exercise is, as a general 
 rule, inexpedient. Where any portion of his bill is thus collected by 
 the teacher or trustees, the amount, and the name of the inhabitant 
 paying it, should be noted by the trustees on the rate bill and the 
 amount so paid must be allowed to the credit of the person paying it. 
 But the whole sum for which the rate bill and preliminary assess- 
 ment is made out, is not to be varied by the fact of such payment; 
 credit only is to be given for the amount paid to the teacher and 
 trustees,in the rate bill; as otherwise by diminishing the sum to be 
 raised by the amount so paid, a double assessment on the person 
 paying, would be the consequence. 
 
TRUSTEES OF SCHOOL DISTRICTS. 139 
 
 * 
 
 VI. Annual F eports cf Trustees 
 
 1. When Annual Reports of Trustees are to be made. 
 
 The statute, 115, (No. 140,) requires that trustees shall make 
 their annual reports, between the first and fifteenth days of January in 
 each year, and transmit the same to the town superintendents. The 
 report includes the transactions of the year ending the last day of the 
 preceding December. If the trustees make their reports at an early 
 day, the town superintendent will have time to examine them and 
 return them for correction, when found defective. 
 
 If a report does not show a compliance with the law, the town 
 superintendent cannot apportion to the district a share of the school 
 moneys; and if the presentation of the report is delayed until the day 
 of the apportionment, no time will be left for returning it to the trus- 
 tees, and the district will lose its public money, leaving only the re- 
 mote contingency of showing a case which will justify the superin- 
 tendent of Common Schools in allowing the loss to be made up at 
 the next year's apportionment. Even if his interposition is obtained, 
 great inconvenience and embarrassment are inevitable, through the 
 loss of the public money one year, and the receipt of a double por- 
 tion the next. 
 
 When trustees go out of office between the last of December and 
 fifteenth of January following, they should promptly make out their 
 report before the expiration of the term of office, and deliver it to 
 their successors. This will save them and their successors much 
 trouble, and will much facilitate their receipt of the public money. 
 
 By 145, (No. 173,) trustees of school districts will perceive that 
 a penalty of ten dollars is imposed for refusing or wilfully neglecting 
 to make any report, or to perform any other duty required by law or 
 by the regulations or decisions of the superintendent, made under the 
 authority of any statute; and they are referred to the foregoing in- 
 structions to supervisors, for the views of the superintendent respect- 
 ing the execution of this provision. They are also liable to a pen- 
 aly of $25, and to be deemed guilty of a misdemeanor, for signing a 
 false report, with intent to procure a greater share of public money 
 than the just proportion of their district. 123, (No. 148.) 
 
140 TRUSTEES OF SCHOOL DISTRICTS. 
 
 9 
 
 2. Report, what to contain. 
 
 In addition to the particulars required by 116, (No. 141,) trustees 
 are to state such other information in relation to the schools as the 
 superintendent may require. 
 
 By virtue of the authority conferred on the superintendent, by the 
 same section, they are also hereby required, hereafter to state in their 
 annual reports, 
 
 1. The number of books belonging to their district library on the 
 last day of December in each year: 
 
 2. The number of times the school in their district has been in- 
 spected and visited by the town superintendent during the year re- 
 ported: 
 
 3. the names of the several school books in use in the school in 
 their district during such year: 
 
 4. The number of pupils who have attended the school in said dis- 
 trict for a term less than two months, during the said year; the num- 
 ber attending two and less than four months; the number attending 
 four and less than six months; the number attending six and less 
 than eight months; the number attending eight and less than ten 
 months; the number attending ten and less than twelve months; and 
 the number attending twelve months; 
 
 5 The number of select and private schools in their district, other 
 than incorporated seminaries, and the average number of pupils at- 
 tending them during the preceding year. 
 
 6. The number of colored children between the ages of five and 
 sixteen years, attending any school for such children established 
 in the district, and instructed therein at least four months by a teacher 
 duly licensed, specifying the number attending from different districts, 
 designating such districts, and the number from each, the amount of 
 public money received from the town superintendents for such schools 
 during the year ending with the date of their report, and the amount 
 paid for the compensation of such teacher, over and above the public 
 money so received, 
 
TRUSTEES OF SCHOOL DISTRICTS. 141 
 
 One of the most important items in the annual report of trustees, is 
 the number of children residing in the district between the ages of 
 five and sixteen, as it affords the most sure and practical test of the 
 progress of primary education. There is reason to believe as has 
 heretofore been remarked, in the instructions to town superintendents, 
 (see page ante,) that the reports have been very inaccurate in this 
 respect. Some difficulty has, it is true, been experienced in deter- 
 mining with the requisite precision, the children proper to be included 
 within the boundaries of the several districts; but the specific provis- 
 ions of the late act, 118, (No. 143,) will, it is believed, remove 
 every difficulty of this kind. By that section it is required that the 
 reports shall include all children over five and under sixteen, who, 
 at the date of the report, are actually in the district, composing part 
 of the family of their employers, residing at the time in the district, 
 although such residence that is, of the employers, parents, &c., be 
 temporary. But children belonging to- the family of a person who 
 is an inhabitant of another district, are not to be included. If, there- 
 fore, a person who is not an inhabitant of some other district, resides 
 temporarily in a given district, all the children'belonging to his fami- 
 ly are to be reported. The law embraces a class of persons who were 
 not before enumerated in any district: those whose parents or em- 
 ployers had not gained a residence in the state. 
 
 VII. Trustees accounting to their Successors, paying 
 over balances and delivering papers to them. 
 
 
 
 When the term of office of the trustees expires, after the annual 
 distribution is made, and before the first day of January, their suc- 
 cessors are often put to great and unnecessary trouble to obtain the 
 information indispensable to enable them to make their annual re- 
 ports. They are, by law, [section 125, No. 150,] required to ren- 
 der an account in writing, " of all moneys received, and the manner 
 in which the same was expended." Even this is too often neglect- 
 ed, and the succeeding trustees are unable to state that the public 
 money has been applied to a qualified teacher, and of course the dis- 
 trict loses its money. Trustees guilty of such neglect, not on'y sub- 
 ject themselves to a penalty of ten dollars, but are liable also, indivi- 
 dually, for the amount of money thereby lost to the district. As they 
 are now required, by 104 of the act of 1847, (see No. 129,) to 
 keep a book in which they are to enter all moneys received and paid 
 by them, and all moveable property belonging to the district, there 
 
142 TRUSTEES OF SCHOOL DISTRICTS. 
 
 can be no difficulty in complying with the law respecting the render- 
 ing their accounts. 
 
 But the rendering of full accounts of money received and expend- 
 ed, is not sufficient to enable succeeding trustees to perform their 
 duties, or to make out their reports. They cannot collect money 
 that may be due a teacher, without knowing what scholars have at- 
 tended the school and how many days. They cannot raise the 
 means of paying for fuel or other lawful expenses, without knowing 
 what expenses have been incurred and remain unpaid. To reach this 
 evil, the following regulation is hereby established: 
 
 Whenever trustees of school districts go out of office, they shall, 
 in addition to the account they are required by law to render to their 
 successors, furnish them with: 
 
 1. A written statement of all contracts entered into by them, re- 
 maining unpaid, in whole or in part, whether made with teachers or 
 any other person, the amount paid by them on such contracts, and 
 the sum remaining due: 
 
 2. If there be any sum due from parents, or for which they are 
 liable for the tuition of their children, the trustees shall furnish their 
 successors a list of the scholars who attended school during the time 
 such liability accrued, and the number of days they respectively at- 
 tended : 
 
 3* Unless they go out of office on the 1st day of January, in any 
 year, they shall also furnish their successors with a written statement 
 of the time a school has been kept in the district since the 1st of 
 January, by a teacher who has received the certificate required by 
 law, naming such teacher: 
 
 4. And whenever they go out of office during a term of the school 
 not then ended, they shall furnish a similar statement, of the time a 
 school has been kept, by whom, and the names of the scholars attend- 
 ing during such term, with the number of days of their attendance 
 respectively : 
 
 5. They are also to deliver over the book of " Common School 
 Decisions and Laws," the instructions and circulars they may have 
 received from the superintendent, the catalogue of the district library, 
 and all other papers and documents relating to their office, and they 
 are to furnish all information to their successors, as to any official 
 act or duty, that may be required by them. 
 
TRUSTEES OF SCHOOL DISTRICTS. 143 
 
 VIII. Suits by and against Trustees. 
 
 1. Suits by Trustees. 
 
 By 74, (No. 99,) trustees are authorized to sue for and recover 
 the moneys due upon any security taken by them, or their predeces- 
 sors in office, on the sale of the school-house and site of their dis- 
 trict, and in the cases provided for by that section, with interest and 
 costs. 
 
 By 108, (No. 133,) the trustees are authorised to sue for and re- 
 cover the value of, or amount paid for the proportion of fuel which 
 any inhabitant of the district shall neglect to provide, on notice, to- 
 gether with costs of suit. 
 
 By 112, (No. 137,) trustees are authorized to prosecute for the 
 amount due on a tax list or rate bill, against non-residents of their 
 district, where no goods or chattels can be found in the district 
 whereon to levy. 
 
 By 114, (No. 139,) they are directed, in case the moneys ap- 
 portioned to their district are withheld, to prosecute for the recovery 
 thereof, with interest, against the officer in whose hands the same 
 shall be, or to pursue such other remedy for the recovery thereof, as 
 is or shall be given by law. This provision, it is supposed, is ap- 
 plicable only to cases of illegal detention in the hands of the town 
 superintendent, of money apportioned to a district, and not to the 
 withholding of such money in consequence of the discovery of some 
 illegality or informality in the reports from the districts. Where the 
 right of the district to its share is incontestible, and the amount is 
 still withheld for any reason, the trustees are directed to prosecute; 
 and the proper remedy in such a case, would be an action of assump- 
 sit for money had and received to the use of the district against such 
 town superintendent. 
 
 By 128, (No. 153,) trustees are directed to prosecute their pre- 
 decessors for the recovery of the forfeiture of $25, incurred by a 
 refusal or neglect to account, or to pay over any balance due from 
 them, on the expiration of their term of office, and to apply the mo- 
 ney recovered to the use and benefit of their school; and by 129, 
 (No, 154,) in connection with 29, (No. 54,) they are authorized 
 to prosecute for any unpaid balance in the hands of a former trustee, 
 or his representatives, and directed to apply the amount recovered to 
 / the use of the district, in the same manner as if they had been paid 
 without suit. 
 
144 TRUSTEES OF SCHOOL DISTRICTS. 
 
 By 102, (No. 127,) they are also authorised to prosecute for the 
 recovery, with interest and costs, of all forfeitures incurred by a col- 
 lector, and unpaid balances in his hands, and to apply the moneys 
 recovered in the same manner as if paid without suit. 
 
 By 61, (No. 86,) trustees are to prosecute for the recovery of 
 the fine of ten dollars, with costs of suit, imposed upon any inhabi 
 tant voting at any school district meeting without being qualified. 
 
 2. Suits against Trustees. 
 
 It is conceived that an essential service may be rendered to offi- 
 cers connected with common schools, by informing them of some ge- 
 neral principles to show the extent of their liability to suits by in- 
 dividuals. 
 
 Officers required by law to exercise their judgments are not an- 
 swerable for mistakes of law, or mere errors of judgment, without any 
 
 fraud or malice. Jenkins vs. Waldron, 1 1th Johnson's Reports, 114. 
 
 \ 
 
 A public officer who is required by law to act in certain cases, ac- 
 cording to his judgment or opinion, and subject to penalties for his 
 neglect, is not liable to a party for an omission arising from a mis- 
 take, or want of skill, if acting in good faith. Seaman vs. Patten, 
 2nd Caine's Reports, 312. 
 
 But an officer entrusted by the common law or by statute is liable 
 to an action for negligence in the performance of his trust, or for 
 fraud or neglect in the execution of his office. Jenner vs. Jolijfe, 9 
 Johnson's Report, 381. 
 
 And an officer who commands an act to be done by issuing a war- 
 rant or other process, if he act without jurisdiction of the subject 
 matter, or of the person, is liable as a trespasser. Horton vs. Auch- 
 mordy, 7 Wendell, 200. But if he have jurisdiction, errors in judg- 
 ment do not subject him to action. 
 
 Mere irregularities in proceedings will not render an officer, hav- 
 ing discretionary powers or acting as a judge, liable to a civil suit. 
 There is a large class of cases, in which the remedy is only by plea 
 to the proceedings or by writ of error. See Butler vs. Potter, 17 
 Johns. 145, and Griffin vs. Mitchell, 2 Cowen's Reports, 548. 
 
TRUSTEES OF SCHOOL DISTRICTS. 145 
 
 The collector or^ other officer who executes process, has peculiar 
 protection. He is protected, although the court or officer issuing 
 such process, have not in fact jurisdiction of the case; if on the face 
 of the process it appears that such court or officer had jurisdiction of 
 the subject matter, and nothing appears in such process to apprize 
 the officer but that there was jurisdiction of the person of the party af- 
 fected by the process. Savacool vs. Boughton, 5 Wendell's Reports, 
 170. 
 
 A contract made by all the trustees, and signed by two, is binding; 
 and where a contract is signed, or a warrant issued by two trustees, 
 the presence of the third will be presumed, until the contrary be 
 shown. Two trustees can contract against the will of the third, if 
 lie was duly notified of a meeting of the trustees, or was consulted 
 and refused to act. McCoy vs. Courtree, 9 Wendell, 17. 
 
 Where a district votes a tax to purchase a new site and build a 
 school house thereon, where the consent of the town superintendent 
 had not been obtained for a change of the site, (the district -not being 
 an altered one) the trustees are liable in trespass for making out a 
 tax list and issuing a warrant for the collection of such tax, on the 
 ground that the district had no authority to vote such tax. Baker 
 vs. Freeman, 9 Wendell 36. 
 
 Trustees are not liable as trespassers for omitting to insert the 
 names of all the taxable inhabitants in the tax list, where there is 
 no evidence of bad faith on their part. Easton vs. Calendar, 11 
 Wendell, 90. 
 
 f 
 
 Subordinate tribunals are not liable as trespassers for acts done 
 growing out of an error of judgment. Ib. 
 
 Trustees are liable in trespass for making out their tax list upon 
 any other basis than the last assessment roll of the town, after it has 
 been reviewed and finally settled by the assessors. Alexander vs. 
 Hoyt, 7 Wendell, 89. 
 
 Inhabitants of a district must vote a precise and definite sum, as a 
 tax for building a school-house, or any other purpose, and trustees 
 will not be authorised to issue their warrant, to levy a tax under a 
 general vote. Robinson vs. Dodge, 18 Johns. 351. 
 
146 TRUSTEES OF SCHOOL DISTRICTS. 
 
 Trustees in office are liable on trie contracts of their predecessors 
 for the employment of teachers, personally, because they have the 
 means of indemnifying themselves, and those who made the contract 
 are not liable after the expiration of their term of office. Silver vs. 
 Cummings, 7 Wendell, 181. 
 
 The court intimate a distinction between those cases where the 
 trustees are not to act unless money is previously raised, and those 
 where it is to be collected subsequent to the performance of the 
 work. In the first class of cases they are not to incur responsibili- 
 ties beyond the means in their possession ; they render themselves 
 personally responsible, and their successors are not holden. The first 
 class of cases would seem to include those only which are specified 
 in sub. 5, 82, (No. 107) and those in which blank books, maps,, 
 globes, black boards, and other school apparatus may be procured by 
 means of a previous tax. In these cases successors are supposed not 
 to be liable, unless money comes into their hands far the purpose. 
 
 In all other cases, it is supposed successors are liable on the con- 
 trasct of their predecessors. 
 
 It is quite important to trustees to know that the decisions of this- 
 department have been, uniformly, that their costs in any suit cannot 
 be paid by a vote of the district to levy a tax for that purpose ; as 
 the only purposes for which a tax can be voted are specified in the 
 statutes, and this is not among them. 
 
 By section 108, of Title 4, Ch. 8, Part 3, Rev. Stat. p. 476, vol. 
 2, 1st edition, [ 112, p. 390, 2d edition, vol. 2,] it is provided that 
 in suits against trustees of school districts and other officers, " the 
 debt, damages or costs recovered against them shall be collected in 
 the same manner as against individuals and the amount so collected 
 shall be allowed to them in their official accounts." It is presumed 
 that this provision does not relate to actions for personal delinquen- 
 cies, but to those only which arise out of an official duty. As the 
 recoveries are to be " allowed them in their accounts," it is implied 
 that they may retain the amount of moneys in their hands, and set 
 off the sums recovered. But this cannot apply to the public school 
 moneys paid to them for the purpose of employing teachers, as those 
 moneys are specifically appropriated bylaw to- that purpose, and can- 
 not be diverted to any other. 
 
 The provision of 146, of the act 1847, (No. 174,) abundantly 
 protects trustees, and all other officers from costs, in places where 
 
TRUSTEES OF SCHOOL DISTRICTS. 147 
 
 they act in good faith ; especially as they have now the means of 
 correcting any error in any tax list or rate bill, by application to 
 the superintendent. 
 
 Questions respecting the liabilities of trustees for their joint acts, 
 and for the acts of each other, are frequently presented. It becomes 
 proper to state the grounds and limits of their responsibility in this 
 respect, that they may.be better enabled to guard against its con- 
 sequences. 
 
 The object being to secure fidelity to the trust and to prevent ne- 
 gligence and fraud, the rules which govern in the cases of executors, 
 guardians and other private trustees, must be applicable to officers 
 holding a similar fiduciary relation to the public, and therefore the 
 principles which have been settled in those cases by the courts, will 
 be the guide in determining the extent of their liability. 
 
 The general rule, as laid down by an eminent jurist, (Story on 
 Equity Jurisprudence,) and sustained by the adjudged cases, is, that 
 joint trustees are responsible only for their own acts, and not for the 
 acts of each other, unless they have made some agreement by which 
 they have expressly agreed to be bound for each other ; or have, by 
 their voluntary co-operation or connivance, enabled the other to ac- 
 complish an object in violation of the trust. This rule is exempli- 
 fied in the following cases. 
 ; 
 
 1. Where money has been received jointly, all are in general lia- 
 ble for its application, and a joint receipt is presumptive evidence 
 of the fact that it came to the hands of all ; but either may show that 
 his joining in the receipt was formal or necessary, and that the whole 
 of the money was in fact received by his companions. And if it 
 was misapplied before there was a reasonable opportunity to control 
 it, he would not be responsible. 
 
 2. When by any positive act, direction or agreement of one joint 
 trustee, the money is paid over and comes to the hands of the others, 
 when it might and should have been otherwise controlled or secured 
 by both, then each will be chargeable for the whole. 
 
 There is great difficulty in applying this rule to the case of trus- 
 tees of common schools. The money for distribution cannot be in 
 the hands of more than one ; there are ordinarily no means of insur- 
 
148 TRUSTEES OF SCHOOL DISTRICTS. 
 
 ing a control over it by all, by depositing it in a bank or other place 
 of security, and I know of no authority by which any two trustees 
 could require the third to give security for its faithful disbursement. 
 One has as much right to its custody as another. The simple fact, 
 therefore, that public money has been received by one and misap- 
 plied, cannot in itself render the others liable. 
 
 It would seem that there should be some act of omission or com- 
 mission on the part of the others to render them liable for the mis- 
 conduct of their associate ; and here the following rule seems better 
 adapted to the case. 
 
 3. If one trustee wrongfully suffer the other to detain the trust 
 money a long time in his own hands without security, or should lend 
 it to him on his simple note, or should join with the other in lend- 
 ing it on insufficient security, in all such cases he would be held liable 
 for any loss. Of course, a trustee who has connived at or been privy 
 to an embezzlement of the trust money would be liable. And if it be 
 mutually agreed between them that one shall have the exclusive ma- 
 nagement of one part of the trust property, and the other of another 
 part, both would be liable for the acts of each. 
 
 Considering the equal rights and powers of each trustee, that the 
 law h?.s made no provision for requiring security from them, and the 
 gross injustice of making an officer responsible for the misconduct of 
 an associate over whom he has no control, they ought not to be held 
 liable for each other's acts, unless there be some evidence of partici- 
 pation or connivance, like those specified in the third class of cases 
 above mentioned. 
 
 1. Schools for Colored Children. 
 
 By 147, (No. 184,) a school for colored children may be estab- 
 lished in any district, with the approbation of the town superinten- 
 dent, which is to be under the charge of the trustees of the district in 
 which such school is established. Trustees in their annual reports 
 are also required particularly to specify the number of such children 
 over five and under sixteen years of age, attending such school from 
 different districts, naming such districts respectively, and the number 
 from each attending for four months, and instructed by a duly quali- 
 fied teacher, which report is to form the basis of an apportionment to 
 such school of a share of the public money. 
 
TRUSTEES OF SCHOOL DISTRICTS. 149 
 
 The provisions contained in this section are more particularly ap- 
 plicable to those cities and hrge villages where no special legal pro- 
 visions have been made for the instruction of colored children. The 
 means provided are, it is true, altogether insufficient to meet the ex- 
 pense which must necessarily be incurred in the organization of these 
 schools; and inasmuch as the class of community for whose special 
 benefit they are intended are generally unable to contribute to such 
 expense in any considerable degree, the object in view can seldom 
 be fully attained, but through the efforts of charitable and benevolent 
 individuals in the several districts, from which the colored schools are 
 composed. These efforts have, hitherto, been paralyzed from the ab- 
 sence of any legal power to effect the necessary organization; and 
 the provision now made was, doubtless, intended to supply that defect, 
 and to furnish a nucleus around which the benevolent exertions of the 
 friends of education and humanity might be concentrated. If, how- 
 ever, in any of the country districts a colored school can be organized 
 and efficiently kept up for the requisite length of time, it is hoped no 
 efforts will be spared to carry into effect the provisions of the section. 
 Colored children are entitled equally with all others, to the privileges 
 and advantages of the district school; and wherever they can be 
 grouped together in a separate school, under the charge of a compe- 
 tent teacher, they will be far more likely to derive the full benefits 
 of such instruction as may be best adapted to their circumstances and 
 condition, while at the same time, the disadvantages inseparable from 
 their attendance at the district school, will be avoided. 
 
 2. Bond to be required of the Collector. 
 
 Trustees are authorised by 103, (No. 128,) to require of the col- 
 lector of their district, before delivering to him any warrant for the 
 collection of moneys, to execute a bond to them, in their corporate 
 name, with one or more sureties, to be approved by one or more of 
 their number, in double the amount to be collected, conditioned for 
 the due and faithful execution of the duties of his office; and in case 
 any collector shall not execute such bond within the time allowed 
 him by the trustees for that purpose, which shall not be less than ten 
 days, his office is vacated, and the trustees are authorised to appoint 
 any other person residing in the district as collector in his place. 
 
 Form of a Bond to be given by a District Collector. 
 
 Know all men by these presents, that we, A. B. and C. D., (the 
 collector and his surety,) are held and firmly bound to E. F. and G. 
 
150 TRUSTEES OF SCHOOL DISTRICTS. 
 
 H.j &c., trustees of school district number in the town of 
 in the sura of (here insert a sum double the amount to be collected) 
 to be paid to the said E. F. and G. H., &c., trustees as aforesaid, or 
 to the survivor or survivors of them, or their successors: to the which 
 payment well and truly to be made, we bind ourselves, our heirs, 
 executors and administrators, firmly by these presents. Sealed with 
 our seals, and dated this day of 18 &c. 
 
 Whereas the above bounden A. B. has been chosen (or appointed, 
 as the case may be,) collector of the above mentioned school district 
 number in the town of , in conformity to the Statutes 
 
 relating to common schools; now, therefore, the condition of this 
 obligation is such that if he, the said A. B., shall well and truly col- 
 lect and pay over the moneys assessed upon the taxable inhabitants 
 of said district, in a rate bill or tax list, (as the case may be,) dated 
 the day of and this day received by the said collector, 
 
 which assessment amounts to a total sum of dollars and 
 
 cents, and shall, in all respects, duly and faithfully execute the said 
 warrant, and all the duties of his office as collector of such district, 
 then this obligation shall be void, otherwise to be in full force and 
 virtue. 
 
 A. B. [L. s.] 
 C. D. [L. s.| 
 
 Signed, sealed and delivered ? 
 in the presence of J 
 
 3. Applications to the Superintendent for School or Library Money, 
 withheld by Town Superintendents. 
 
 There are two classes of cases in which relief may be sought for 
 the refusal of town superintendents to apportion or pay over public 
 money to a district. 
 
 1st. Where it is supposed the decision of the town superintendent 
 is erroneous upon some question of fact, or some principle of law. 
 In such cases the remedy is by appeal to the county superintendent, 
 in the manner prescribed by the regulations concerning appeals. The 
 interest of the district, as well as of other districts, requires that the 
 proceedings should be prompt, as an appeal stays further action by 
 the town superintendent. 
 
 2d. Where there has been any accidental omission to comply with 
 any provision of law, or any regulation of the Superintendent, in 
 consequence of which an apportionment of public money has not been 
 made. In such cases a general authority is given by 14, (No. 39,) 
 to cause the apportionment to be made, and a similar authority is 
 
TRUSTEES OF SCHOOL DISTRICTS. 151 
 
 given in relation to library money, by the last clause of 142, (No. 
 
 167.) 
 
 These provisions are intended only for the cases of accidental and 
 unintentional omissions, and the authority given by them will not be 
 exercised, where there is a wilful disobedience of law, or a perverse 
 and intended violation of any regulation. 
 
 i 
 
 Application fqr relief in this class of cases, must be made as soon 
 as the omission is discovered, in order to prevent the inconvenience 
 of correcting the apportionment after it has been acted upon; and 
 any unnecessary delay will, in itself, form a strong ground of declin- 
 ing to grant the relief desired. 
 
 The facts and circumstances OR which the application is founded, 
 must be verified by affidavit, and a copy should be served on the town 
 superintendent, and his concurrence in the statement of the facts 
 should, if possible, be obtained. 
 
 Whenever the money to which such an application refers, remains 
 in the hands of the town superintendent at the time he receives no- 
 tice of the application he should retain it, subject to the order 
 of the superintendent. The inconvenience of a second distribution in 
 the event of an application being denied, is not sufficient to counter- 
 balance that of a district being deprived for a year of its portion of 
 public money. 
 
 But town superintendents should recollect tliat neither the provi- 
 sions referred to, nor any others, authorize them to exercise any dis- 
 cretion whatever in such cases. Their duty is simply to execute the 
 law. If the necessary reports are not made at the proper time, or 
 do not contain all that is required by law or by regulations, they 
 cannot make any apportionments or pay any money upon them. Their 
 duty is to refer the case to the Superintendent, and suspend any ac- 
 tion on their part in relation to the share of money affected by the 
 emission, until his directions are receiv4. 
 
152 TEACHERS. 
 
 INSTRUCTIONS TO TEACHERS. 
 
 By 104, (No. 129) the' trustees of each district are to provide a 
 book, in which the teachers are to enter the names of the scholars 
 attending school, and the number of days they shall have respectively 
 attended, and also the number of times the school shall have been 
 inspected by the town superintendent. This list is to be verified by 
 the oath of the teacher. 
 
 The strict and faithful performance of this duty is highly impor- 
 tant, not only to the district but to the teacher. It is the basis upon 
 which the rate bills are to be made out, and by which the sums to be 
 paid by parents are to be ascertained. Error in these lists will 
 therefore produce injustice. It has been held by this department, that 
 the teacher is not entitled to call on the trustees for his wages, un- 
 less he furnishes them an accurate list of scholars, on which they can- 
 prepare the rate bills, and issue their warrant. Hence the teacher 
 has a direct personal interest in the preservation of an accurate list, 
 which he can verify by his oath. 
 
 For the purpose of executing this provision, the teacher will write 
 the following heading or caption, in his book, at the commencement 
 of each quarter: 
 
 A list of the scholars who attended the district school of district 
 No. in the town of during the quarter or term 
 
 commencing the day of 184 y and the number of 
 
 days they respectively attended the same. 
 
 Time of entrance. 
 
 Name of scholar. 
 
 No. of days' attendance. 
 
 No. 1, 1841, 
 
 John Thompson,.. 
 
 Seventy-eight, 78 days. 
 
 Dec. 1, " .... 
 Dec. 4, " 
 
 Peter Barker, .... 
 
 James Thomas, . . 
 
 Forty-three, 43 " 
 Forty, 40 " 
 
 At the time any pupil enters the schools, the teacher should im- 
 mediately insert the date and the name of the scholar. At the close 
 of the quarter the whole number of days that each pupil attended, is 
 to be ascertained from the check roll, and entered in the third column,, 
 in words at length, and also in figures, as in the above form. 
 
TEACHERS. 
 
 153 
 
 Each teacher at the commencement of every quarter must provide 
 a day or check roll, in which the name of every scholar is to be en- 
 tered. It should be ruled so as to give six columns, corresponding 
 to the number of days in the week. The number attending should 
 be ascertained each half day, and pencil marks made in the column 
 for the day opposite to the name of each one present. At the end of 
 the week, the number of days each pupil has attended during the 
 week, should be summed up and entered on the weekly roll. Each 
 half days' attendance should be noted, and two half days should be 
 reckoned as one day. The pencil marks on the day roll may be ob- 
 literated, so that the same roll may be used during the quarter. The 
 weekly roll should be formed in the same manner, so as to contain 
 the names of the pupils, and thirteen columns ruled, corresponding to 
 the number of weeks in the quarter. In each of these columns is to 
 be entered the result of the daily check roll for each week in the fol- 
 lowing form: 
 
 Weekly Roll. 
 Attendance of pupils in district school of district No. 
 
 Names of pupils. 
 
 1st week 
 
 2d week. 
 
 3d week. 
 
 4th week. 
 
 5th week. 
 
 John Thompson, 
 
 6 days. 
 
 4 days. 
 
 5 days. 
 
 6 days. 
 
 5^ days. 
 
 At the end of the quarter, the teacher will sum up the attendances 
 of each pupil from this weekly roll, and enter the result in the book 
 provided by the trustees as before mentioned, showing the whole num- 
 ber of days each scholar has attended during the quarter. 
 
 *:">? . 
 
 At the end of the list the following oath or affirmation is to be 
 written. 
 
 A. B. being duly sworn, (or affirmed) deposes that the foregoing 
 is a true and accurate list of the names of the scholars who attended 
 the district school of district No. in the town of 
 
 during the quarter commencing the day of 
 
 184 , and the number of days they respectively attended. 
 
 This oath or affirmation is to be signed by the teacher, and certi- 
 fied by a justice of the peace, commissioner of deeds, judge of any 
 court of record, or county clerk, to have been taken before him. 
 
154 TEACHERS. 
 
 The teachers are also required to make an abstract of the lists for 
 the use of the trustees, at the end of each quarter; showing the re- 
 sults exhibited under the following heads, and in the following formt 
 
 Abstract of the attendances of scholars at the district school of 
 district No. in the town of during the quarter 
 
 commencing the day of 184 . 
 
 Of scholars who attended less than two months, there were 
 Oi scholars who attended two months and less than four, 
 " four months and less than six, 
 
 a six months and less than eight, 
 
 < u eight months and less than ten, 
 
 " u ten months and less than twelve, 
 
 " " twelve months. 
 
 This abstract is to be signed by the teacher and delivered to the 
 trustees. 
 
 In another part of the book provided by the trustees, and towards 
 the end of it, the teacher will enter the days on which the school has 
 been inspected, in the form of a memorandum, as follows ; 
 
 Account of Inspections of the School in District JVo. 
 
 November 1 5 1841. The school was inspected by William 
 Jones town superintendent. 
 
 December 1, 1841. The school was inspected. 
 
 To this also, an oath or affirmation of the correctness must be 
 added in the following form: 
 
 A. B. being duly sworn (or affirmed,) deposes that the foregoing 
 is a true account of the days on which the school in District No 
 j in the town of , was visited and inspected by the 
 
 town superintendents respectively, during the quarter com- 
 mencing on the day of 184 7 
 
 Teacher. 
 
 Sworn (or affirmed) and subscribed this ? 
 day of 184 before me. J 
 
DISTRICT CLERKS. , t , 155 
 
 DISTRICT CLERK. 
 
 The general duties of this officer are particularly specified in 
 81, (No. 106.) He is to keep in a book, to be provided by the dis- 
 trict, a record of the proceedings of each annual and special meet- 
 ing held in his district; to give notice of the time, place and ob- 
 ject of such meetings in the manner prescribed by law; and to pre- 
 serve all records, books and papers relating to the district, and de- 
 liver the same, on the expiration of his official term, to his 
 successor. 
 
 By 66, (No. 91) he is to notify a special meeting for the elec- 
 tion of officers, whenever the time for holding the annual meeting 
 has passed, without such election being held; and generally it is 
 his duty to give the necessary legal notices of a district meeting, 
 whenever required to do so by a majority of the trustees. The pur- 
 pose and object of such meetings should in all cases be set forth in 
 general terms; and this is specially required by law when a meet- 
 ing is called for the purpose of changing the site and removing the 
 school house in an unaltered district. [See Nos. 89, 98.] And also 
 when a tax is to be levied for the purchase of books for a district li- 
 brary. [See No. 158.] 
 
 By 69, (No. 94) it is declared that " the proceedings of no 
 district meeting, annual or special, shall be held illegal for want of 
 a due notice to all the persons qualified to vote thereat, unless it 
 shall appear that the omission to give such notice was wilful and 
 fraudulent." But this provision will not exonerate a clerk from li- 
 ability for gross neglect; nor will it sanction an intentional omission 
 to give notice. 
 
 Notices of annual and special meetings must be given at least five 
 days before the day on which such meetings are directed to be held; 
 that is, the notices for the meeting to be held on Saturday for in- 
 stance, must be given on or before the preceding Monday. 
 
 In the case of annual meetings, or special meetings, which have 
 been adjourned for a longer time than one month, a notice in writ- 
 ing, affixed in at least four different places in the district, is suffi- 
 cient; but notices of special meetings must be personally served on 
 each inhabitant of the district liable to pay taxes, (which includes, 
 of course, every legal voter in the district) " by reading the notice 
 
I 
 156 DISTRICT CLERKS. 
 
 in the hearing of such inhabitant, or in case of his absence from 
 home, by leaving a copy thereof, or of so much thereof as relates to 
 the time and place of such meeting, at the place of his abode." 
 55, (No. 80.) 
 
 Form of notice for Annual Meeting. 
 
 Notice is hereby given, that the annual meeting for the election 
 of officers in district No. in the town of , and for the 
 
 transaction of such other business as the meeting may deem neces- 
 sary, will be held at the school house in said district on Monday, 
 the day of at 6 o'clock, P. M. 
 
 Dated this day of 
 
 A. B. District Clerk. 
 
 Form of Notice for an adjourned District Meeting, to be posted up 
 in four public places in the District. 
 
 SCHOOL DISTRICT NOTICE. 
 
 Notice is hereby given, that a meeting of the freeholders and in- 
 habitants of school district, No. in the town of author- 
 ized by law to vote therein, will be held at on the day 
 of next, (or instant, as the case may be,) at o'clock in 
 the noon, pursuant to adjournment. 
 
 Dated this day of A. D. 18 
 
 A. B. District Clerk. 
 
 Form of Notice for a Special District Meeting. 
 
 To the Clerk of district number 
 
 The Trustees of district number at a meeting held for the pur- 
 pose, have resolved that a special meeting be called at the school 
 house, on the day of 18 at o'clock in the 
 
 noon of that day, for the purpose of [choosing a collector in the 
 place of A. B. removed or whatever the object of the meeting may 
 be,] and for the transaction of such other business as the meeting 
 may deem necessary. 
 
 You will therefore notify each inhabitant of the district entitled 
 to vote therein, by reading this notice in his hearing, or if he is ab- 
 sent from home, by leaving a copy of it, or so much as relates to 
 the time and place of meeting, at the place of his abode, at least 
 five days before such meeting. 
 
 Dated at this day of 18 
 
 A. B. ) 
 
 Trustees. 
 
DISTRICT CLERKS. 157 
 
 The district clerk of each school district in the State, is hereby 
 required within ten days after each annual or special meeting for 
 the election of officers in his district, to forward to the town 
 clerk the names of the several officers elected at such meeting, and 
 the offices to which they were respectively elected. 
 
 In pursuance of section thirty- second, of the act of 1841, (No. ) 
 the District School Journal will hereafter be forwarded by mail, for 
 the clerk of each district by the number of said district, whose duty 
 it is, by that section, to cause each volume to be bound at the ex- 
 pense of the district, and to deposite the same in the District Libra- 
 ry. He or one of the trustees is therefore bound to take the paper 
 from the post-office, punctually, paying the postage quarterly in ad- 
 vance; and the amount so paid, being an expenditure authorised by 
 law, may be added by the trustees to any tax list thereafter made out 
 for district purposes, and refunded to the clerk or trustee paying it. 
 Great care should be taken to secure the regular receipt, and careful 
 preservation of the numbers, which will be sent on the 1st of each 
 month; and with this view, the clerk should stitch them together in 
 covers, as soon as they arrive; and in no case permit them to be ta- 
 ken out of his custody, although any inhabitant of the district should 
 be allowed free access to them, for the purpose of perusal, at all pro- 
 per hours. The same precaution should be observed, and the same 
 freedom of access and perusal allowed, in ^respect to the present vo- 
 lume of Laws and Instructions, the volume of Common School Deci- 
 sions and Laws heretofore published, and all other books, papers and 
 documents belonging to the district, and placed under his official 
 control. 
 
 They will observe that heavy penalties and forfeitures are incurred 
 by them, under section 145 of the act of 1847, (No. 173,) for neglect 
 of any duty devolved upon them by law; and that they are made in- 
 dividually responsible for any loss that may accrue to their district, 
 in consequence of such neglect or omission. 
 
 For an exposition of the duties devolving on them in relation to 
 the district library, their attention is directed to the subsequent in- 
 structions under that head; and for the manner in which records of 
 the proceedings of the several school meetings should be kept, to the 
 subsequent instructions under the head of Annual and Special Meet- 
 ings. 
 
158 COLLECTORS OF SCHOOL DISTRICTS. 
 
 COLLECTORS OF SCHOOL DISTRICTS. 
 
 It is the duty of the collector of each district " to collect and pay 
 over to the trustees of his district, some or one of them, all moneys 
 which he shall be required by law to collect, within the time limited 
 by such warrant for its return, and to take the receipt of such trus- 
 tee or trustees, for such payment." 100, (No. 125.) 
 
 "When required by the trustees, such collector is to execute a bond, 
 with one or more sureties, to be approved by one or more of the 
 trustees, in double the amount for any tax list, (or rate bill,) to be 
 collected, and conditioned for the due and faithful performance of his 
 duty. 103, (No. 128.) 
 
 In case such bond is not executed within the time allowed by the 
 trustees for that purpose, which shall not be less than ten days, the 
 office of the collector is vacated, and the trustees may appoint any 
 other person to supply the vacancy. 
 
 The form of the bond thus required to be executed, will be found 
 at page 149. 
 
 1. Jurisdiction of the Collector. 
 
 By 103, (No. 128,) the jurisdiction of the collector, in the exe- 
 cution of his warrant, is unlimited; and extends to any other district 
 or town, " in the same manner and with the like authority, as in the 
 district for which he was chosen or appointed." 
 
 2. Mode of proceeding in the collection of taxes and rate bills. 
 
 This is specifically pointed out by the extracts from the 13th chap- 
 ter of the 1st volume of the Revised Statutes, page 82. 
 
 3. What property liable to be taken on Collector's Warrants. 
 
 In the case of Keeler and others vs. Chichester, 13 Wendell, 629, 
 the supreme court held " that any property found in the possession 
 of the person liable to pay the tax, might be taken and applied to 
 the payment of such tax, and that the collectors of school districts 
 had the same powers as collectors of towns in collecting town and 
 county taxes. This decision has reference to the ownership of the 
 property, and shows that possession renders it liable to distress, whe- 
 
COLLECTORS OF SCHOOL DISTRICTS. 159 
 
 ther owned by the party or not. It does not refer to the kind of 
 property liable. The property which may be levied upon is speci- 
 fically defined by section 2, of chapter 13, 1 Revised Statutes. No 
 property is exempt from the operation of such warrants, except the 
 arms and accoutrements particularly mentioned in the k act of Con- 
 gress referred to, and quoted in the note at the bottom of page 82. 
 
 The designation of the owner of a farm in a tax list and warrant, 
 as " the widow and heirs of A. B. deceased," is a sufficient compli- 
 ance with the statute, to justify the collector in executing the war- 
 rant. Wheeler vs. Anthony, 10 Wendell, 346. 
 
 By 101, (No. 126,) the collector forfeits to his district, the full 
 amount of any money which may be lost by his neglect, and which 
 might have been collected by him within the time limited in his 
 warrant. 
 
 DISTRICT LIBRARIES. 
 
 By 133, (No. 158,) the inhabitants of the several school districts 
 are authorized, when lawfully assembled at any district meeting 
 specially notified for that purpose, to impose a tax not exceeding ten 
 dollars in any one year, " for the purchase of a district library con- 
 sisting of such books as they shall in their district meeting direct, 
 and such further sum as they may deem necessary for the purchase 
 of a book case." By the 134th section of that act, (No. 159,) the dis- 
 trict clerk, or such other person as the inhabitants should designate 
 and appoint by a majority of votes, is declared to be librarian, and 
 to be vested with the care and custody of the library, under such re- 
 gulations as the inhabitants should adopt. 
 
 These provisions afford the only authority for raising by tax upon 
 the district, any money for the purchase of books, or a book case. 
 The books thus to be purchased must be directed by the inhabitants 
 in district meeting ; and this direction may be either general, as to 
 purchase any given series or numbess of the Harper Library, the 
 Family 'Library, &c. or special, designating the particular books, or 
 the trustees may be authorized to procure such books as they think 
 proper. 
 
160 DISTRICT LIBRARIES. 
 
 By 136, (No. 161,) the sum of fifty-five thousand dollars, toge- 
 ther with an equal sum to be raised in the towns, and directed to be 
 distributed to the several school districts of this state, by the fourth 
 section of chapter two hundred and thirty-seven, of the laws of eigh- 
 teen hundred and thirty-eight, shall continue to be applied to the 
 purchase of books for a district library, until otherwise directed ; but 
 whenever the number of volumes in the district library of any dis- 
 drict, numbering over fifty children between the ages of five and six- 
 teen years, shall exceed one hundred and twenty-five ; or of any dis- 
 trict numbering fifty children or less, between the said ages, shall ex- 
 ceed one hundred volumes, the inhabitants of the district qualified to 
 vote therein, may, at a special or annual meeting duly notified for' 
 that purpose, by a majority of votes, appropriate the whole, or any 
 part of the library money belonging to the district for the current 
 year, to the purchase of maps, globes, black-boards, or other scien- 
 tific apparatus, for the use of the school : And in every district 
 having the required number of volumes in the district library, and 
 the maps, globes, black-boards, and other apparatus aforesaid, the 
 said moneys, with the approbation of the state superintendent, may 
 be applied to the payment of teachers' wages. 
 
 Trustees, are by this provision, authorized to make the selection 
 of the books for the library, as the application of the money is to be 
 made by them. To promote uniformity in the loan and return of 
 books, it is recommended that but one librarian be appointed ; and 
 that the inhabitants adopt the rules and regulations hereinafter pre- 
 scribed by the superintendent, for the government of the libraries 
 procured under both acts. 
 
 Inhabitants of districts have no authority to sell, exchange, or in 
 any manner dispose of the books constituting the district library ; 
 whether such books are purchased from the library fund, or from the 
 funds raised by the district. 
 
 By 139, (No. 164,) the Superintendent of Common Schools, is 
 directed to prepare general regulations for the preservation of the li- 
 braries, the delivering of them by librarians and trustees to their suc- 
 cessors in office, and respecting the use of the books, &c. In pur- 
 suance of these provisions, the subjoined regulations have been pre- 
 pared. No. I. relates to the preservation of the libraries, the delive- 
 ry of the books by the officers 'charged with their keeping, to their 
 successors, and their duties in respect to them. No. II. relates to 
 the use of the books by the inhabitants, the number to be taken out, 
 the fines to be imposed, &c. 
 
 
DISTRICT LIBRARY REGULATIONS. 161 
 
 " 
 
 As these regulations may appear minute to some, it is proper to 
 
 remark, that they were intended for the organization of a new and 
 entire system, upon a subject not well understood, and in which di- 
 rections cannot be too full or too plain. Thousands upon thousands 
 of our citizens are and will be charged with the duties to which 
 these regulations refer, and it is by no means a depreciation of their 
 intelligence to remark, that very many of them have probably never 
 had any connexion with circulating libraries, and are not aware of 
 the absolute necessity of strict rules, and a firm adherence to them, 
 to prevent the total destruction of their books in a few years. Com- 
 plaints had already been made that in several districts, which had 
 procured libraries, many of the books were injured, and others lost, 
 for the want of some system in their management. It cannot be too 
 strongly impressed upon trustees and librarians, that the best system 
 which human ingenuity can devise, will be of no avail unless it is 
 fully and thoroughly executed. These invaluable store houses of 
 knowledge, the solace of age, the guide of youth, the stay of man- 
 hood, the source jof so much happiness to parents and their children, 
 will depend for their existence upon the vigilance of those who have 
 accepted the sacred trust of watching and preserving them. Heavy, 
 indeed, will be the responsibility for a neglect of those duties upon 
 which so much depends. 
 
 DISTRICT LIBRARY REGULATIONS, No. I. 
 
 Regulations respecting District Libraries, their preservation, and the 
 delivery of them to Librarians and Trustees to their successors in 
 office ; pursuant to 139 of the act intended for the government 
 of the officers having charge of such Libraries. 
 
 I. In respect to the selection of books for district libraries. The 
 Snperintendent has no authority to make such selections, unless re- 
 quested by the trustees of a district pursuant to a vote of its inhabi- 
 tants. He is prepared to act on the subject as prescribed by the sta- 
 tute, whenever requested ; but he desires it to be distinctly under- 
 stood that he does not proffer his services ; much preferring that the 
 inhabitants of a district should consult their own tastes and judgment. 
 At the same time, he is bound to see the law faithfully executed ; 
 
 11 
 
162 DISTRICT LIBRARY REGULATIONS. 
 
 and as jurisdiction upon appeal from the proceedings of district meet- 
 ings and trustees, as well in relation to the selection of a library as 
 to all other matters connected with it, is given to him by law, it is- 
 proper that the principles which will govern decisions on such ap- 
 peals should be known. 
 
 The object of the law for procuring district libraries is, to dif- 
 fuse information, not only, or even chiefly, among children or mi- 
 nors, but among adults and those who have finished their common 
 school education. The books, therefore, should be such as will be 
 useful for circulation among the inhabitants generally. They should 
 not be children's books, or of a juvenile character, or light and friv- 
 olous tales and romances ; but works conveying solid information 
 which will excite a thirst for knowledge, and also gratify it, as far 
 as such a library can. Works imbued with party politics and those 
 of a sectarian character, or of hostility to the Christian religion, 
 should on no account be admitted ; and if any are accidentally re- 
 ceived, they should be immediately removed. Still less can any 
 district be permitted to purchase school books, such as spelling 
 books, grammars or any others of the description used as text books 
 in schools. Such an application of the public money would be an 
 utter violation of the law. If any case of improper selection of 
 books should come before the Superintendent, by appeal from any 
 inhabitant, such selection would be set aside ; and if it appeared 
 from the reports, which according to these regulations must be made, 
 that such books had been purchased, the town superintendents will be 
 bound to withhold the next year's library money from such district. 
 These penalties and provisions will be rigidly enforced ; for upon a 
 faithful administration of the law, the usefulness and the continu- 
 ance of the system will depend. If the public munificence be abu- 
 sed, it will unquestionably cease. 
 
 The superintendent feels it to be his duty, although an unpleasant 
 one, to caution districts against collections of frivolous works^ some 
 of which are already advertised as district libraries. The advice of 
 persons familiar with the best works in our language should be ta- 
 ken in making purchases ; and it is recommended that utility be 
 consulted in the choice of books rather than novelty. Works al- 
 ready known, and whose worth has been approved by the judgment 
 of the public, should be preferred to new productions, which have 
 not attained a character. Economy, also, should be maintained in 
 buying libraries, that the utmost benefit may be derived from the 
 
DISTRICT LIBRARY REGULATIONS. 163 
 
 library fund. Those publishers who print large editions and make 
 calculations for forming complete libraries, can, and do afford their 
 books much cheaper than others. With such opportunities for pro- 
 curing the very best books at a cheap rate, it would be lamentable 
 if more money should be paid for them than they can be prjocured 
 for with a little effort, and it would be humiliating and discouraging, 
 if books of worthless or improper character should be offered to 
 those who hunger for knowledge. 
 
 II. The library is in charge of the librarian chosen at the annual 
 meeting of the district ; for he cannot be chosen at a special meet- 
 ing. If none is elected, the clerk of the district becomes librarian. 
 Where by the laws regulating schools in cities or particular places, 
 no trustees are chosen by the inhabitants, the district clerk, if there 
 be one, is librarian. If there be no district clerk, the trustees of the 
 district may appoint the librarian. 
 
 Trustees of school districts, are by virtue of their office, trustees 
 of the library, and have the general charge and superintendence of 
 it. The .librarian is subject to their directions in all matters rela- 
 ting to the preservation of the books and appurtenances of the 
 library, and he may be removed by them for the causes and under 
 the circumstances mentioned in 137th section, (No. 162.) 
 
 Whenever the trustees go out of office they are to deliver to their 
 successors all the books in the district library, with the case and all 
 other appurtenances, and such delivery should be had within ten days 
 at least after their successors are chosen ; and the librarian is at the 
 same time to deliver to his successor all the minutes, catalogues, pa- 
 pers and property, appertaining to the library. 
 
 III. When any library is purchased and taken charge of by the 
 librarian, he is to make out a full and complete catalogue of all 
 the books contained therein. At the foot of each catalogue the li- 
 brarian is to sign a receipt in the following form : 
 
 I, A. B., do hereby acknowledge that the books specifie in the 
 preceding catalogue have been delivered to me by the Trustees of 
 School District No. in the town of to be safely 
 
 kept by me as Librarian of the said District for the use of the in- 
 habitants thereof, according to the regulations prescribed by the Su- 
 perintendent of Common Schools, and to be accounted for by me 
 according to the said regulations to the Trustees of the said District, 
 and to be delivered to my successor in office. Dated, &e. 
 
164 DISTRICT LIBRARY REGULATIONS. 
 
 A correct copy of the catalogue and receipt is then to be made, 
 to which the trustees are to add a certificate in the following form : 
 
 We, the subscribers, Trustees of School District No. in the 
 town of do certify the preceding is a full and complete 
 
 catalogue of books in the library of the said District now in pos- 
 session of A. B. the Librarian thereof, and of his receipt thereon. 
 Given under our hands this day of 18 
 
 The catalogue having the librarian's receipt, is to be delivered 
 to the trustees, and a copy having the certificate of the trustees, is 
 to be delivered to the librarian for his indemnity. 
 
 Whenever books aie added to the library, a catalogue with a simi- 
 lar receipt by the librarian is to be delivered to the trustees, and a 
 copy with a certificate of the trustees that it is a copy of the cata- 
 logue delivered them by the librarian, is to be furnished to him. 
 Every catalogue received by the trustees is to be kept by them 
 carefully among the papers of the district and to be delivered to 
 their successors in office. 
 
 IV. During the week preceding the annual meeting all the books 
 shall be called in. For this purpose the librarian is to refuse to 
 deliver out any books for fourteen days preceding the time so pre- 
 scribed for collecting them together. The trustees must make a 
 careful examination of the books, compare them with the catalogue, 
 and make written statements in a column opposite the name of each 
 book of its actual condition, whether lost or present, and whether 
 in good order or injured, and if injured, specifying in general terms, 
 the extent of such injury. This catalogue with the remarks, is to 
 be kept by them ; a copy of it is to be made out, and delivered to 
 the new librarian with the library, by whom a receipt in the form 
 above prescribed is to be given, and to be delivered to the trustees. 
 Another copy certified by them as before mentioned, is to be deliv- 
 ered to the librarian. 
 
 V. Trustees are to attend to the library for the purpose of compar- 
 ing the catalogue with the books. They are, at all times, when they 
 think proper, and especially on their coining into office, to examine 
 the books carefully, and to note such as are missing or injured. For 
 every book that is missing the librarian is accountable to the trustees 
 for the full value thereof, and for the whole series of which it formed 
 a part; such value to be determined by the trustees. He is account- 
 able, also, for any injury which a book may appear to have sustain- 
 
DISTRICT LIBRARY REGULATIONS. 165 
 
 ed, by being soiled, defaced, torn, or otherwise. And he can be re- 
 lieved from such accountability only by the trustees, on its being sat- 
 isfactorily shewn to them that some inhabitant of the district has been 
 charged or is chargeable for the value of the book so missing, or for 
 the amount of the injury so done to any work. It is the duty of the 
 trustees to take prompt and efficient measures for the collection of 
 the amount for which any librarian is accountable; such amount, 
 when collected, is to be applied as directed in article XII, of regu- 
 lations No. II, with respect to fines. 
 
 VI. It is the duty of the trustees to provide a plain and sufficient 
 case for the library, with a good lock, if the district shall have ne- 
 glected to do so. They are also to cause the books and case to 
 be repaired as soon as may be, when injured; they are also to pro- 
 vide sufficient wrapping paper to cover their books, and the necessa- 
 ry writing paper to enable the librarian to keep minutes of the de- 
 livery and return of books. These are proper expenses for the pre- 
 servation and repair of the books, and are to be defrayed by a tax on 
 the district, which is to be added by any tax voted by a district meet- 
 ing. It is not necessary that the tax to defray these expenses should 
 be voted by the inhabitants of the district; it is to be assessed and 
 collected in the same manner as a tax for building or repairing a 
 school house, or to furnish it with necessary fuel and appendages, 
 
 VII The librarian must cause to be pasted in each book belonging 
 to the library, a printed label, or must write in the first blank leaf of 
 each book, specifying that the book belongs to the library of school 
 district No. in the town of , naming the town and 
 
 giving the number of the district; and he is on no account to deliver 
 out any book which has not such printed or written declaration in it. 
 He is also to cause all the books to be covered with strong wrapping 
 paper, on the back of which is to be written the title of the book, 
 and the number in large figures. As new books are added, the num- 
 bers are to be continued, and they are in no case to be altered; so 
 that if a book be lost, its number and title must still be continued on 
 the catalogue, with a note that it is missing. 
 
 VIII. The librarian must keep a blank book, that may be made by 
 stitching together half a dozen or more sheets of writing paper. Let 
 these be ruled across the width of the paper so as to leave five col- 
 umns, of the proper size for the following entries, to be written length- 
 wise of the paper; in the first column, the date of the delivery of any 
 
166 DISTRICT LIBRARY REGULATIONS. 
 
 book to any Inhabitant; in the second the title of the book delivered 
 and its number; in the third, the name of the person to whom deliv- 
 ered; in the fourth, the date of its return; and in the fifth, remarks 
 respecting its condition, in the following form: 
 
 Time of 
 delivery. 
 
 Title and 
 No. of book. 
 
 To whom. 
 
 When 
 returned. 
 
 j Condition. 
 
 1839. 
 June 10. 
 
 History of 
 Virginia. 43 
 
 T. Jones. 
 
 June 20. 
 
 1 Good. 
 
 The proper width of each column can be ascertained by writing 
 the different entries on a half sheet of paper and seeing how much 
 room they respectively occupy. 
 
 As it will be impossible for the librarian to keep any trace of the 
 books without such minutes, his own interest to screen himself from 
 responsibility, as well as his duty to the public will, it is to be hoped, 
 induce him to be exact in making his entries at the time any book 
 is delivered; and when it is returned, to be equally exact in no- 
 ticing its condition, and making the proper minute. 
 
 IX. A fair copy of the catalogue should be kept by the librarian, 
 to be exhibited to those who desire to select a book; and if there be 
 room, it should be fastened on the door of the case. 
 
 X. The several trustees of school districts are hereby required, in 
 their annual reports to the town superintendent of common schools, 
 to state the number of books belonging to their district library on the 
 last day of December in each year. 
 
 XI. The trustees of each school district shall, at the time of their 
 making their annual reports, deliver to the town superintendents of 
 their town, a catalogue containing the titles of all the books in the 
 district library, with the number of volumes of each set or series, 
 and the condition of such books, whether sound, or injured, or de- 
 faced. This catalogue must be signed by them and by the librarian. 
 
 XIL The town superintendent of common schools in each town is 
 required carefully to preserve such catalogues, and deliver them, with 
 the papers of their office, to his successor, who is also required to 
 preserve the catalogues delivered to him, and hand them over to his 
 successor. 
 
DISTRICT LIBRARY REGULATIONS. 167 
 
 XIII. Town superintendents of common schools cannot pay over 
 any library money to the trustees of a district in the following cases: 
 
 1st. If a catalogue, as required by article XI, has not been delivered 
 to them. 
 
 2d. If the number of books belonging t to its library is not stated 
 in the annual report of the trustees. 
 
 3d. If it does not clearly appear from such report that the whole of 
 the library moneys paid to such district the preceding year, have 
 been expended according to law. No part of the library money 
 can be applied to the purchase of a case for the books. These are the 
 " like conditions" referred to in the act authorising the apportion- 
 ment of public money to district libraries. 
 
 4th. Wherever it appears that any district has expended any portion 
 of its library money in the purchase of any text book used in 
 schools, such as spelling books, arithmetics, or grammars, or any 
 book clearly improper to be admitted into a district library. 
 
 XIV. Whenever town superintendents withhold from any district 
 its library money, they are not to distribute the money among 
 the other districts, but are to report the case and the circumstances 
 to the Superintendent, in order to enable him to exercise the discre- 
 tion given by 142, (No. 167.) 
 
 XV. Whenever in these regulations any act or duty is directed or 
 authorized to be performed by trustees of libraries, the same may be 
 performed by a majority of the trustees at a meeting of the whole 
 number; and when any meeting of the trustees shall have been noti- 
 fied, by notice given by any one trustee to the others, a majority of 
 the whole are competent to the transaction of any business, in the 
 same manner as if all were present. But a majority cannot act un- 
 less notice has been given to all to attend at the time and place of 
 meeting. 
 
 XVI. Whenever the legal voters of two or more districts desire to 
 unite their library moneys and funds, and purchase a joint library, 
 under the provisions of the 141st section of the act hereto annexed, 
 (No. 166,) a special meeting should be called in each district for the 
 purpose, under a notice specifying the object. The trustees will thtn 
 transmit to the town Superintendent certified copies of the votes, and 
 
168 DISTRICT LIBRARY REGULATIONS. 
 
 a statementof the number voting for and against them. They will 
 also furnish statements of the number of inhabitants, the valuations 
 of their property, the amount of library money received in each dis- 
 trict, the amount each has voted to raise by tax on the district, and 
 a general description or map of the districts, so as to shew their con- 
 tiguity; and in all cases where the convenience of the inhabitants 
 will be promoted and the great object of the libraries will be ad- 
 vanced by such a union, the town superintendent, it is preusmed, will 
 cheerfully give his approbation to its being formed. 
 
 XVII. Where such a union is formed, the preceding regulations 
 will be deemed to apply to the joint library, subject only to the 
 variations prescribed in the before mentioned 14 1st section, and such 
 as arise from the nature of the union. A majority of the whole 
 number of trustees of all the districts considered as one body, will 
 be competent to the transaction of business, and to decide all ques- 
 tions which may properly come before them. 
 
 It is proper to remark that by section 145 of the act, (No. 173,) 
 a penalty of ten dollars is incurred by every town superintendent of 
 common schools and by every trustee of a school district for refus- 
 ing or wilfully neglecting to perform any duty required by law or by 
 any regulation of the Superintendent of Common Schools, under the 
 authority of the statute; and they are also liable to their towns and 
 districts for the amount of any toss that may be sustained by reason 
 of such neglect or refusal. 
 
 DISTRICT LIBRARY REGULATIONS, NO. II. 
 
 Regulations concerning the use of the Books in District Libraries 
 prescribed by the Superintendent of Common Schools pursuant to 
 the 139th section, of the act of 1847. 
 
 I. The librarian has charge of the books and is responsible for their 
 preservation and delivery to his successor. 
 
 II. A copy of the catalogue required to be made out by Articles 
 III. and IV. of Regulations No. 1. is to be kept by the librarian, 
 open to the inspection of the inhabitants of the district at all re a- 
 
DISTRICT LIBRARY REGULATIONS. 169 
 
 sonable times. It will be found convenient to affix a copy of it on 
 the door of the book case containing the library. 
 
 III. Books are to be delivered as follows: 
 1st. Only to inhabitants of the district. 
 
 2d. One only can be delivered to an inhabitant at a time; and 
 any one having a book out of the library must return it before he 
 can receive another. 
 
 3d. No person upon whom a fine has been imposed by the trustees 
 under these regulations, can receive a book while such fine remains 
 unpaid. 
 
 4th. A person under age cannot be permitted to take out a book 
 unless he resides with some responsible inhabitant of the district; nor 
 can he then receive a book if notice has been given by his parent 
 or guardian or the person with whom he resides, that they will not 
 be responsible for books delivered such minor. 
 
 5th. Each individual residing in the district, of* sufficient age to 
 read the books belonging to the library, is to be regarded as an in- 
 habitant, and is entitled to all the benefits and privileges conferred 
 by the regulations relative to district libraries. Minors will draw in 
 their own names, but on the responsibility of their parents or guar- 
 dians. 
 
 6th. Where there is a sufficient number of volumes in the library 
 to accommodate all residents of the district who wish to borrow, the 
 librarian should permit each member of a family to take books as 
 often as desired, so long as the regulations are punctually and fully 
 observed. But where there are not books enough to supply all the 
 borrowers, the librarian should endeavor to accommodate as many as 
 possible, by furnishing each family in proportion to the number of 
 its readers or borrowers. 
 
 IV. Every book must be returned to the library within twenty days 
 after it shall have been taken out, but the same inhabitant may again 
 take it, unless application has been made for it, while it was so out 
 of the library, by any person entitled, wtyo has not previously borrow- 
 ed the same book, in which case such applicant shall have a prefer- 
 ence in the use of it. And where there have been several such ap- 
 plicants, the preference shall be according to the priority in time of 
 
170 DISTRICT LIBRARY REGULATIONS. 
 
 their applications, to be determined by the librarian. Upon appli- 
 cation to the Superintendent, the time for keeping books out of the 
 library will be extended to a period not exceeding twenty-eight days, 
 where sufficient reasons for such extension are shown. 
 
 V. If a book be not returned at the proper time, the librarian is 
 to report the fact to the trustees; and he must also exhibit to them 
 every book which has been returned injured by soiling, defacing, 
 tearing, or in any other way, before such book shall be again loaned 
 out, together with the name of the inhabitant in whose possession it 
 was when so injured. 
 
 VI. The trustees of school districts being by virtue of their office 
 trustees of the library, are hereby authorized to impose the following 
 fines: 
 
 1st. For each day's detention of a book beyond the time allowed 
 by these regulations, six cents, but not to be imposed for more than 
 ten day's detention. 
 
 2d. For the destruction or loss of a book, a fine equal to the full 
 value of the book, or of the set, if it be one of a series, with the 
 addition to such value of ten cents for each volume. And on the 
 payment of such fine, the party fined shall be entitled to the residue 
 of the series. If he has also been fined for detaining such book, then 
 the said ten cents shall not be added to the value. 
 
 3d. For any injury which a book may sustain after it shall be taken 
 out by a borrower and before its return, a fine may be imposed of 
 six cents for every spot of grease or oil upon the cover or upon any 
 leaf of the volume; for writing in or defacing any book, not less 
 than ten cents, nor more than the value of the book; for cutting or 
 tearing the cover, or the binding, or any leaf, not less than ten cents, 
 nor more than the value of the book. 
 
 4th. If a leaf be torn out, or so defaced or mutilated that it can- 
 not be read, or if any thing be written in the volume, or any other 
 injury done to it, which renders it unfit for general circulation., the 
 trustees will consider it a destruction of the book, and shall impose 
 a fine accordingly, as above provided in case of loss of a book. 
 
 5th. When a book shall have been detained seven days beyond 
 the 20 days allowed by these regulations, the librarian shall give no- 
 
DISTRICT LIBRARY REGULATIONS. 171 
 
 tice to the borrower to return the same within three days. If not 
 returned at . that time, the trustees may consider the book lost or 
 destroyed, and may impose a fine for its destruction in addition to 
 the fines for its detention. 
 
 VII. But the imposition of a fine for the loss or destruction of a 
 book, shall not prevent the trustees from recovering such book 
 in an action of replevin, unless such fine shall have been paid. 
 
 VIII. When in the opinion of the librarian any fine has been in- 
 curred by any person under these regulations, he may refuse to de- 
 liver any book to the party liable to such fine, until the decision of 
 the trustees upon such liability, be had. 
 
 IX. Previous to the imposition of any fine, two day's written or 
 verbal notice is to be given by any trustee, or the librarian, or any 
 other person authorised by either of them, to the person charged, to 
 show cause why he should not be fined for the alleged offence or 
 neglect; and if within that time good cause be not shown, the trus- 
 tees shall impose the fine herein prescribed. No other excuse for an 
 extraordinary injury to a book, that is for such an injury as would 
 not be occasioned by its ordinary use should be received, but the 
 fact that the book was as much injured when it was taken out by 
 the person charged, as it was when he returned it. As such loss 
 must fall on some one, it is more just that it should be borne by the 
 party whose duty it was to take care of the volume, than by the 
 district. Negligence can only be prevented, and disputes can only 
 be avoided by .the adoption of this rule. Subject to these general 
 principles, the imposition of all, or any of these fines, is discretion- 
 ary with the trustees, and they should ordinarily be imposed only for 
 wilful or culpably negligent injuries to books, or where the district 
 actually sustains a loss, or serious injury. Reasonable excuses for 
 the detention of the books beyond the 20 days, should in all cases 
 be received. 
 
 X. It is the special duty of the librarian to give notice to the 
 borrower of a book that shall be returned injured, to show cause 
 why he should not be fined. Such notice may be given to the agent 
 of the borrower who returns the book; and it should always be giv- 
 en at the time the book is returned. 
 
 t 
 
 XI- The librarian is to inform the trustees of every notice given 
 by him to show cause against the imposition of a fine; and they 
 

 172 DISTRICT LIBRARY REGULATIONS. 
 
 shall assemble at the time and place appointed by him, or by any 
 notice given by them, or any one of them; and shall hear the charge 
 and defence. They are to keep a book of minutes, in which every 
 fine imposed by them, and the cause, shall be entered and signed by 
 them, or the major part of them. Such original minutes or a copy 
 certified by them, or the major part of them, or by the clerk of the 
 district, shall be conclusive evidence of the fact that a fine was im- 
 posed as stated in such minutes, according to these regulations. 
 
 XII. It shall be the duty of trustees to prosecute promptly for the 
 collection of all fines imposed by them. Fines collected for the de- 
 tention of books, or for injuries to them, are to be applied to de- 
 fray the expense of repairing the books in the library. Fines col- 
 lected for the loss or destruction of any book, or of a set or series 
 of books shall be applied to the purchase of the same or other suit- 
 able books. 
 
 XIII. These regulations being declared by law " obligatory upon 
 all persons and officers having charge of such libraries, or using or 
 possessing any of the books thereof," it is expedient that they should 
 be made known to every borrower of a book. And for that purpose 
 a printed copy is to be affixed conspicuously on the case containing 
 any library, or in one of such cases, if there be several ; and the 
 librarian is to call the attention of every person to them on the first 
 occasion of his taking out a book". 
 
 Appeals to the State Superintendent. 
 
 (The cases in which the courts will not entertain jurisdiction of 
 complaints of erroneous proceedings under the school laws, and in 
 which only a certiorari will lie, may be inferred from the decision 
 of the Supreme Court in the case of Eaton and others, vs. Calendar, 
 11 Wend. 90. "The plaintiff below was not without his remedy. 
 1 R. S. 487, 110, 111 and the amendment of the law, 20th April 
 1830, provides that " any person conceiving himself aggrieved in 
 consequence of any decision made by the Trustees of any district in 
 paying any teacher; or concerning any other matter under the pre- 
 sent title," (which includes the whole of the school aqt,) " may ap- 
 peal to the Superintendent of common Schools whose decision shall 
 be final." This provision was intended for what it practically is, a 
 cheap and expeditious mode of settling most, if not all, of the diffi- 
 
DISTRICT LIBRARY REGULATIONS. 173 
 
 culties and disputes arising in the course of the execution of the 
 law. A common law certiorari would no doubt lie from this court, 
 to the trustees to bring up and correct any erroneous proceeding not 
 concluded by an adjudication of the Superintendent, or in a case 
 where his powers were inadequate to give the relief to which the 
 party was entitled.) 
 
 The passage of several acts of the Legislature renders necessary 
 a revision of the regulations concerning appeals : And the follow- 
 ing are therefore substituted for those heretofore established : 
 
 CASES IN WHICH APPEALS MAY BE MADE, 
 Under the 132 Section of the Common School Act. (JVb. 157.) 
 
 I. Where any decision has been made by any School District 
 meeting. 
 
 This includes the whole class of cases, in which district meetings 
 have the power to decide on any proposition or motion that may le- 
 gally be made to them, under any section of the School Act. 
 
 II. Where any decision has been made by the Town Superinten- 
 dent of Common Schools, or by him and the Supervisor and Town 
 Clerk, in the forming or altering, or in refusing to form or alter any 
 Sohool District, or in refusing to pay any school moneys to any dis- 
 trict, and under the general provision, " concerning any other mat- 
 ter under the present title," appeals will also lie from the proceed- 
 ings of such Town Superintendent in any erroneous distribution of 
 public money, in paying it to any district not entitled, or more than 
 it is authorized to receive ; and in fact any official decision, act, or 
 proceeding, and from a refusal to discharge any duty imposed b 
 law, or the regulations of the Superintendent, or incident to the du- 
 ties of his office. 
 
 III. Where any decision has been made by trustees of school dis- 
 tricts in paying any teacher, or refusing to pay him, or in refusing 
 to admit any scholar gratuitously into the school : And under the 
 same general provision referred to, in improperly admitting any scho- 
 lar gratuitously, in making out any tax list, or rate bill, or in any 
 act or proceeding whatever, which they undertake to perform offi- 
 cially , "and also for the refusal to discharge any duty enjoined by 
 

 
 174 DISTRICT LIBRARY REGULATIONS. 
 
 law, or any regulation of the Superintendent, or incident to the du- 
 ties of their office. 
 
 IV. Where Town Superintendents have improperly granted or an- 
 nulled a certificate or qualification to a teacher ; or have refused to 
 grant or annul such certificate : and where they have undertaken to 
 perform any official act, or refused to discharge any duty* imposed by 
 law or under its authority, in the inspection of teachers and visita- 
 tion of schools. 
 
 V. Where Clerks of Districts, Clerks of Towns, or other ministe- 
 rial officers, refuse to perform any duty enjoined by the Common 
 School Act. 
 
 VI. Where any other matter under the said act, shall be present- 
 ed, either in consequence of disputes between districts respecting 
 their boundaries, or any other subject ; or in consequence of disputes 
 between any officers charged with the execution of any duties under 
 the laws concerning Common Schools, or disputes between them and 
 any other person relating to such duties or any of them. 
 
 Under the 140th section " respecting School District Libraries" 
 
 (JVb. 165.) 
 
 VII. Appeals may be made from any act or decision of trustees 
 or school districts concerning the Libraries, or the books therein, 
 or the use of such books. 
 
 VIII. Any act or decision of the Librarian in respect to the li- 
 brary. 
 
 IX. Any act or decision of any district meeting in relation to their 
 school library. 
 
 X. Appeals also lie from the acts of Town Superintendents of 
 Common Schools in withholding or paying over library money to any 
 district. 
 
APPEALS TO THE SUPERINTENDENT. 175 
 
 BY WHOM APPEALS ARE TO BE MADE. 
 
 XII. The person aggrieved by the act complained of only can ap- 
 peal. Generally every inhabitant of a district is aggrieved by the 
 wrongful act or omission of a trustee or town superintendent, by 
 which money or property is disposed of, or not secured for the bene- 
 fit of the district. But no one is aggrieved by another by another 
 being included in a tax list or rate bill, although other inhabitants 
 are by the omission of one who should be taxed; and appeals may 
 be made by trustees, in behalf of their districts whenever they are 
 aggrieved. 
 
 FORM AND MANNER OF PROCEEDING^ 
 
 XIII. An appeal must be in writing and signed by the appellant. 
 When made by the trustees of a district, it must be signed by all the 
 trustees, or a reason must be given for the omission of any, verified 
 by the oath of the appellant, or of some person acquainted with 
 such reason. 
 
 XIV. A copy of the appeal, duly verified, and of all the state- 
 ments, maps and papers intended to be presented in support of it, 
 must be served on the officers whose act or decision is complained of, 
 or some one of them; or if it be from the decision or proceeding 
 of a district meeting, upon the district clerk or one of the trustees, 
 whose duty it is to cause information of such appeal to be given to 
 the inhabitants who voted for the decision or proceeding appealed 
 from. 
 
 XV. Such service must be made within thirty days after the ma- 
 king of the decision, or the performance of the act complained of: 
 or within that time, after the knowledge of the cause of complaint 
 came to the appellant, or some satisfactory excuse must be rendered 
 for the delay. 
 
 XVI. The party on whom the appeal was served, must within ten 
 days from the time of such service, answer the same, either by concur- 
 ring in a statement of facts with the appellant, or by a separate answer, 
 
 ' 
 
176 APPEALS TO THE SUPERINTENDENT. 
 
 Such statement and answer must be signed by all the trustees, or 
 other officers, whose act, omission or decision is appealed from, or a 
 good reason on oath must be given, for the omission of the signature 
 of any of them, verified by oath, and a copy of such answer must be 
 served on the appellants, or some one of them. 
 
 XVII. So far as the parties concur in a statement no oath will be 
 required to it. But all facts, maps or papers not agreed upon by 
 them and evidenced by their signature on both sides, must be veri- 
 fied by oath. 
 
 XVIII. All oaths required by these regulations must be taken before 
 a judge of a court of record, a commissioner of deeds or a justice of 
 the peace. 
 
 XIX. A copy of the answer and of all the statements maps and 
 papers intended to be presented in support of it, must be served upon 
 the appellants, or some one of them, within ten days after service of 
 a copy of the appeal, unless further time be given by the state su- 
 perintendent, on application, in special cases; but no replication or 
 rejoinder shall be allowed, except by permission of the state su- 
 perintendent, and in reference exclusively to matters arising upon the 
 answer, and which may be deemed by such state superintendent 
 pertinent to the issue: in which case such replication and rejoinder 
 shall be duly verified by oath, and copies thereof served on the op- 
 posite party. 
 
 XX. Proof or admission of the service of copies of the appeal, 
 answer and all other papers intended to be used on the hearing of 
 such appeal, must in all cases, accompany the same. 
 
 XXI. When any proceeding of a district meeting is appealed 
 from, and when the inhabitants of a district generally are interested 
 in the matter of the appeal, and in all cases where an inhabitant 
 might be an appellant, had the decision or proceeding been the op- 
 posite of that which was made or had; any one or more of such in- 
 habitants may answer the appeal, with or without the trustees. 
 
 XXII. Where the appeal has relation to the alteration or forma- 
 tion of a school district, it must be accompanied by a map, exhibit- 
 ing the site of the school house, the roads, the old and new lines of 
 districts, the different lots, the particular location and distance from 
 
APPEALS TO THE SUPERINTENDENT. 177 
 
 the school-houses, of the persons aggrieved; and their relative dis- 
 tance, if there are two or more school houses in question. Also, a 
 list of all the taxable inhabitants in the district or territory to be 
 affected by the question; the valuation of the property taken from 
 the last assessment roll, and the number of children between five and 
 sixteen belonging to each person, distinguishing the districts to which 
 they respectively belong. 
 
 " v r ' ..' '.'. 
 
 XXIII. When the copy of the appeal is served, all proceedings upon 
 or in continuation of the act complained of, or consequent in any 
 way upon such act, must be suspended until the case is decided. So 
 where any decision concerning the distribution of public money to 
 one or more districts is appealed from, the town superintendent must 
 retain the money which is in dispute until the appeal is decided. 
 And where trustees have money in their hands claimed to belong to 
 any person, or any other district, after the copy of an appeal is serv- 
 ed on them in relation to such claim, they must retain snch moneys 
 to abide the result, and must not expend them so as to defeat the ob- 
 ject of the appeal. 
 
 XXIV Whenever a decision is made by the superintendent, and 
 communicated to the town superintendent of common schools, re- 
 specting the formation, division or alteration of districts, he must 
 cause the decision to be recorded in the office of the town clerk. 
 All other decisions communicated to him, or to the trustees of dis- 
 tricts, are to be kept among the official papers of the clerk of the 
 town or district and handed over to his successors; and the district 
 clerks are required to record all such as come to their hands in the 
 district book kept by them. 
 
 1. Visiting the Districts and Inspecting the Schools by 
 Town Superintendents. 
 
 The Statute makes it the duty of every town superintendent, " to 
 visit and examine all the schools and school districts committed to 
 his charge as often as twice in each year, and oftener if practicable, 
 having reference to the number of such districts." This language is 
 understood to mean that the districts and schools are to be visited as 
 
 often as may be necessary. 
 . 
 
 12 
 
178 INSPECTIONS BY TOWN SUPERINTENDENTS. 
 
 1. The act does not require the superintendents to notify the trus- 
 tees of their visits and invite their attendance. The superintendents 
 should, however, give notice to the trustees of the districts, of the 
 time when their schools will be visited. To enable them to comply 
 with these provisions, they should make a previous arrangement of 
 their visits, in reference to the means of travelling, so as to reach as 
 many districts as possible in the shortest time. Having fixed the time 
 for visiting the schools, they should at once give ample notice, by 
 transmitting a copy of their arrangement to the trustees of the dis- 
 tricts embraced within it, and request them to attend. 
 
 The inhabitants of the district, and particularly parents who 
 have children attending the school, should be invited to be present at 
 the inspection by the superintendent; ''and trustees of districts are 
 hereby required, whenever they receive information of an intended 
 visit, to communicate it as generally as possible to the inhabitants. 
 Their attendance will afford an opportunity for the public addresses 
 of the superintendents, before suggested. 
 
 2. Examination of the School. Preparatory to this, the superin- 
 tendent should ascertain from the teacher the number of classes; the 
 studies pursued by each; the routine of the school; the successive ex- 
 ercises of each class during each hour of the day; the play spells al- 
 lowed, &c., and thus obtain a general knowledge of the school, 
 which will be found greatly to facilitate his subsequent duties. Every 
 superintendent is enjoined to call for and examine the list of schol- 
 ars in the' book which the Statute requires the teacher to keep, in or- 
 der that he may see whether the names are correctly and neatly en- 
 tered. He will also examine the day roll and the weekly roll, which 
 by the preceding regulations, teachers are directed to preserve, and 
 will ascertain by the proper enquiries, whether they are exact in en- 
 tering all who are present. 
 
 The superintendent will then hear each class recite the ordinary 
 lesson of tho day. It will then be examined on the subjects of study. 
 Generally it will be better to allow the teacher to conduct the exer- 
 cises and examinations, as the pupils will be less likely to be intimi- 
 dated, and an opportunity will be given of judging of the qualifica- 
 tions of the instructors. 
 
 To enable him to compare the school with itself at another time, 
 and with other schools, and to comply with the regulations hereinaf- 
 ter contained, respecting the annual reports, the superintendent should 
 
INSPECTIONS BY TOWN SUPERINTENDENTS. 179 
 
 keep notes of his observations, and of the information he obtains on 
 all the subjects on which he is required to report; and he should par- 
 ticularly note any peculiarities which seem to require notice, in the 
 mode of instruction, in the government and discipline of the school, 
 and the appearance of the pupils, in respect to their cleanliness of 
 person and neatness of apparel. 
 
 3. The superintendent will also examine the condition of the school 
 house and its appurtenances; whether the room has the means of ven- 
 tilation, by lowering an upper sash, or otherwise; whether it is suffi- 
 ciently tight to protect the children from currents of air, and to keep 
 them warm in winter; whether there. is a supply of good water; the 
 condition of the privies, and whether they are provided for both sexes; 
 and the accommodations for physical exercise. Their attention will 
 be given to the arrangement of the school room; whether the seats 
 and desks are placed most conveniently for the pupils and teachers s 
 and particularly whether* backs are provided for the seats, a circum- 
 stance very important to the comfort and health of the children. They 
 should also inquire whether blackboards and alphabetical cards, or 
 any apparatus to assist learners are furnished. 
 
 The preceding topics of inquiry are suggested, rather as hints bf 
 the most important, than intended to embrace the whole field. The 
 judgment and observation of the superintendents will discover many 
 other subjects deserving their attention. 
 
 4. The superintendents will also inquire into the condition of the 
 district, in relation to its ability to maintain a school; whether its 
 interest and the convenience of its inhabitants can be promoted by any 
 alterations, without injury to others; and they will suggest whatever 
 occurs to them, to the trustees. 
 
 In case of any gross deficiency or inconvenience, which the proper 
 officers refuse or decline to remedy, the superintendents will note it 
 in their annual reports to the county clerks. 
 
 5. They will also examine the district library, and obtain the in- 
 formation respecting it, hereinafter required to be stated in their re- 
 ports. 
 
180 TOWN SUPERINTENDENTS. 
 
 II. Advising and consulting with the trustees and other 
 officers of school districts. 
 
 This is made a special duty of the town superintendents by these in- 
 structions; they are to advise the trustees and other officers in rela- 
 tion to all their duties, and to recommend to them and the teachers 
 the proper studies, discipline, and conduct of the school, the course 
 of instruction to be pursued, and the elementary books to be used. 
 The notes which the superintendents make during their inspection of 
 the school, will much facilitate the discharge of this portion of their 
 duty. 
 
 1. In regard to proper studies. If they find any important one 
 omitted, or that pupils are hastened on without thoroughly under- 
 standing the preliminary or previous branches, they should point out 
 the error and its consequences. For instance, they should urge the 
 absolute necessity of children being thoroughly and frequently exer- 
 cised in speUing, so that they make no mistakes in any words in 
 common use. Without this it is impossible for them to be good 
 readers. And in the exercise of reading, they should insist on clear 
 and distinct articulation, more than any other quality; and generally 
 the ability of the superintendent is relied upon to detect bad habits 
 in vhe manner of reciting, erroneous ideas on the subject and super- 
 ficial acquirements. 
 t 
 
 2. The discipline and conduct of the school. It can scarcely be ne- 
 cessary to remark on the importance of order and system in the schools, 
 not only to enable the pupils to learn anything, but to give them 
 those habits of regularity so essential in the formation of character. 
 Punctuality of attendance, as well as its steady continuance should 
 be enforced. Parents should be told how much their children lose, 
 to what inconvenience they expose the teacher, and what disorder 
 they bring upon the whole school, by not insisting upon the scholars 
 being punctually at the school room at the appointed hour; and above 
 all, they should be warned of the injurious consequences of allowing 
 their children to be absent from school during the term. By being 
 indulged in absences they lose the connection of their studies, pro- 
 bably fall behind their class, become discouraged, and then seek eve- 
 ry pretext to play the truant. The habit of irregularity and insub- 
 ordination thus acquired, will be apt to mark their character through 
 life. Trustees should be informed that the omission of parents to 
 require the regular and punctual attendance of their children will 
 
TOWN SUPERINTENDENTS. 181 
 
 justify their exclusion, on account of the effect of such irregularity 
 upon the other pupils. 
 
 The superintendents should also observe whether the teachers are 
 careful to preserve the respect of tKeir pupils, not only by maintain- 
 ing their authority, but by a becoming deportment, both in the school 
 room and out of it. 
 
 3. With regard to the course of instruction, the advice of the su- 
 perintendents will often be of great value. The usual order has 
 been found by long experience to be the best, viz: the alphabet, 
 spelling, reading with definitions, arithmetic, geography, history and 
 grammar. No child should be put to any study beyond his capacity, 
 or for which he is not already prepared. English grammar particu- 
 larly demands so much exercise of the intellect, that it ought to be 
 delayed until the pupil has acquired considerable strength of mind 
 
 4. The books of elementary instruction. It is believed that there 
 are none now in use in our schools that are very defective; and the 
 difference between them is so slight, that the gain to the scholar will 
 not compensate for the heavy expense to the parent, caused by the 
 substitution of new books with every new teacher; and the capri- 
 ciousness of change which some are apt to indulge on this subject, 
 cannot be too strongly or decidedly resisted. Trustees of districts 
 should look to this matter when they engage teachers. 
 
 One consequence of the practice is, the great variety of text books 
 on the same subject, acknowledged by all to be one of the greatest 
 evils which afflicts our schools. It compels the teacher to divide 
 the pupils into as many classes as there are kinds of books, so that 
 the time which might have been devoted to a careful and deliberate 
 hearing of a class of ten or twelve, where all could have improved 
 by the corrections and observations of the instructor, is almost wast- 
 ed in the hurried recitations often or a dozen pupils in separate 
 classes ; while in large schools, some must be wholly neglected. 
 W 7 herever the superintendents find this difficulty existing, they should 
 not fail to point out its injurious consequences, and to urge a remedy 
 by the adoption of uniform text books as speedily as possiLle. To 
 accomplish this, let the trustees, under the advice of the teacher, in- 
 spectors and superintendents, determine what text books shall be used 
 in each study, and require every child thereafter coming to the 
 school to be provided with the designated books. This very desira- 
 ble uniformity may, perhaps, be facilitated by exchanges between 
 
182 TOWN SUPERINTENDENT. 
 
 different districts, of the books that do not correspond with those in 
 general use, for such as do. For instance, in one school the great 
 majority of spelling books may be those of Webster with some of 
 Marshall's, while the latter may predominate in another district in 
 which there are also several of Webster's. In such cases, an ex- 
 change of the different books between the two would obviously be 
 mutually beneficial. The superintendents might assist in the exe- 
 cution of such an arrangement by noting the proportions of the va- 
 rious books in the different schools. 
 
 5. The Erection of School Houses. It would be for the town 
 superintendents to give particular attention to this subject. When- 
 ever they learn that the building of a school house is contemplated, 
 they should advise with the trustees respecting its plan. He must 
 be a superficial observer, who has not perceived how much the 
 health of pupils, the order and discipline of a school, and the conve- 
 nience of the teacher, depend upon the arrangements of the school 
 room. This is not the place to state the best models. Information 
 upon that point, collected with great care from Europe and Ameri- 
 ca, has already been given, and will continue to be furnished in the 
 District School Journal. Whenever repairs are about to be made 
 to school houses, the superintendents should avail themselves of the 
 occasion to recommend such improvement as may be desirable. 
 
 6. In their consultations with trustees and teachers, the superin- 
 tendents should be especially careful to communicate their sugges- 
 tions in a kind and friendly spirit, as the most likely means of suc- 
 cess, and as the only mode of preserving those harmonious relations, 
 which are essential to their own happiness as well as usefulness ; 
 and whenever they observe any thing in the mode of instruction, in 
 the government or discipline of the school, or in any other point, 
 which, in their judgment, requires correction, they will make it a 
 point to intimate their views to the teacher in private, and never, on 
 any occasion, suffer themselves to find fault with him in the presence 
 of his pupils. Children cannot discriminate, and they will feel them- 
 selves at liberty to blame, when the example has been set by others. 
 The authority of the teacher should be preserved entire while he re- 
 mains. If his conduct is worthy of public censure, he should be at 
 once dismissed, rather than be retained to become an object of the 
 contempt of his scholars. 
 
TOWN SUPERINTENDENTS. 183 
 
 III. Reports to the County Clerks. 
 
 1. The time when they are to be made. The town superinten- 
 dents of common schools are required to file their reports with the 
 county clerk, on or before the first day of August in each year. The 
 law makes it the duty of the county clerks, to transmit abstracts of 
 all such reports to the superintendent by the first day of October in 
 each year. 
 
 2. Their contents. The reports are required to be made the same 
 as those heretofore made by the County Superintendents, with such 
 additional information as the superintendent shall require. 
 
 They will also report the number of district schools visited by them 
 during the year, and the number of times each school has been so 
 visited. They will state the condition of the schools under the follow- 
 ing heads: 
 
 (1.) Teachers. The number of males and their ages, viz: the 
 number under 18 years of age; those over 18 and under 21; over 21 
 and under 25; over 2i> and under 30;. over 30 and under 40; over 
 40 and under 50; and over 50. The number of females and their 
 ages in the same manner. The length of time those of different 
 sexes have taught school, viz: the number of males who have taught 
 less than one year; the number who have taught one year and less 
 than two; two years and less than four; four years and less than six; 
 more than six years; and the same in respect to females. They will 
 also state the monthly compensation of the teachers, specifying how 
 many receive the different sums that may be found to be paid; thus, 
 the number receiving $8.00 per month; the number receiving $10.00, 
 &o. and arranging them according to the sex of the teachers. They 
 will ascertain from the teachers respectively, the different portions of 
 time they have kept any one school, and will communicate the re- 
 sult in a table, showing how many teachers have kept the same 
 school one year, two years, three years, four years, five years, more 
 than five and less than ten, and more than ten years. 
 
 (2.) The course and extent of study pursued. Under this head 
 the report will state the following particulars: 
 
 Number of pupils in attendance at each time of visitation. 
 Number of classes in the school. 
 Number of pupils learning the alphabet. 
 
184 TOWN SUPERINTENDENTS. 
 
 Number of pupils learning to spell without being able to read 
 Number of pupils learning to read. 
 
 dp do to define words. 
 
 Number of pupils studying arithmetic, but not beyond simple 
 division. 
 
 Number of pupils beyond simple division, 
 do studying geography, 
 
 do do History of the U. States. 
 
 do do other history. 
 
 do do grammar, 
 
 do do use of globes. 
 
 do engaged in .other studies, specifying them and 
 
 the number pursuing each study. 
 
 (3.) They are to report the result of their observations: 
 
 1st. In relation to the qualifications of the teachers generally. 
 
 2d. In relation to the mode of teaching adopted in the schools. 
 
 3d. In relation to their government and discipline. 
 
 And they will notice gross irregularities or imperfections. 
 
 4. Condition of the School Houses. They will state the number 
 built of stone; those of brick; of wood framed, and of logs; also 
 the number having but one room; those having two rooms in which 
 schools are kept, and those having three or more rooms; the number 
 in good repair, and the number in bad or decaying condition. They 
 will also state the number which have no privies; those which have 
 one; and those which have two or more. 
 
 5. Condition of the District. Any information which may be ob- 
 tained under the inquiries already suggested, and which may be 
 deemed useful, or in respect to which any beneficial action of this 
 department can be had, will be stated in this report. 
 
 6. The state of the district libraries.' The town superintendents 
 are required to examine the library of each district, and ascertain 
 the whole number of books purchased, and on hand, and their con- 
 dition; and the average number in circulation, i. e. the proportion 
 usually kept out. They will state in their reports, the whole num- 
 ber of books in all the district libraries in the county, and the average 
 < i circulation obtained from the averages of each district. They 
 will state, generally, the condition of the books, as far as seen by 
 them, and the degree of care and attention apparently bestowed in 
 their preservation by the trustees and librarian. If they discover 
 
 I 
 
TOWN SUPERINTENDENTS. 185 
 
 any improper books in the libraries, they should suggest to the trus- 
 tees their removal; and if they find them continue,!, notwithstanding, 
 they will report the facts to this department. 
 
 7. They will also report the whole number of persons to whom 
 they have given certificates of qualification as teachers, during the 
 year, specifying their sexes and ages, viz: those under 18 those 
 over 18 and under 21 over 21 and under 25 over 25 and under 
 30 over 30 and under 40 over 40 and under 50 and those, 
 over 50 
 
 8. It will be perceived that trustees of school districts are requir- 
 ed to state in their reports the number of select schools, other than 
 those that are incorporated, within their respective districts, and the 
 average number of pupils attending them. There are such schools 
 in cities and villages, as in Utica, Schenectady, Poughkeepsie and 
 other places, which are not within any school district. As the in- 
 formation desired has a very important bearing upon the common 
 school system, the town superintendents are required to ascertain the 
 number of such schools and the pupils taught in them during the 
 year, which are kept in such cities and villages and are not included 
 in any school district, and state them in their annual reports. They 
 will be careful not to embrace any that are contained in the reports 
 of the trustees; and to insure accuracy, they will specify the city or 
 village in which the select schools are established. Those thatares 
 incorporated will be included in the reports to the Regents of the 
 University. 
 
 IV. The licensing of teachers and annulling their certi- 
 ficates. 
 
 1. Examining and licensing Teachers. 
 
 This authority, it will be perceived, is given by 34, of the act of 
 1847, (No. 59.) It being jrery desirable that all the teachers 
 should be licensed by the town superintendents, so as to secure the 
 competent talent and knoweldge, and to produce uniformity in a coun- 
 ty; and to afford every reasonable accommodation to those desiring 
 to offer themselves, they should make their arrangement to examine 
 applicants for licenses in their towns For this purpose, they 
 
186 TOWN SUPERINTENDENTS. 
 
 should appoint a particular day and place in the town, and when 
 the town is very large, in different sections of it, when they will be 
 in readiness to examine teachers. Public notice of such appointment 
 should be given. It is probable that this will bring together several 
 applicants, and thus diminish the labors of the superintendent, parti- 
 cularly as a license by him will obviate the necessity of early exa- 
 minations, as well as prevent the necessity of a re-examination du- 
 ring the year. In making such examinations,' they should confine 
 themselves to the subjects specified in the statute 35, (No. 60,) and 
 should ascertain the qualifications of the candidates in respect, 1st, 
 to moral character; 2d, learning; and third, ability. 
 
 First. They should require testimonials of moral character, from 
 those acquainted with the applicant, which is to be either verbal or 
 written, and the latter is to be preferred. This is not a matter to be 
 neglected or slighted. Those to whom the training of our youth is 
 to be committed, should possess such a character as will inspire con- 
 fidence in the rectitude of their principles and the propriety of their 
 conduct; and it is to be understood as a positive regulation of this de- 
 partment, that no license is to be granted, without entire satisfaction 
 on this point. This must be understood to relate to moral character 
 to the reputation of the applicants as good citizens, free from the 
 reproach of crime or immoral conduct. It does not extend to their 
 belief, religious or political ; but it may apply to their manner of ex- 
 pressing such belief or maintaining it. If that manner is, in itself, 
 boisterous and disorderly, intemperate and offensive, it may well be 
 supposed to indicate ungoverned passions, or want of sound princi- 
 ples of conduct, which would render its possessor obnoxious to the 
 inhabitants of the district, and unfit for the sacred duties of a teacher 
 of youth, who should instruct as well b) example as by precept. 
 
 Second. As to the learning of the applicants. It should appear 
 from their examination that they are good spellers, distinct and accu- 
 rate readers, write good and plain hands, can make pens and are well 
 versed 
 
 1st. In the definition of words: 
 
 2d. In arithmetic, at least as far as the double rule of three: 
 
 3d. In geography, as far as contained in any of the works in or- 
 dinary use: 
 
TOWN SUPERINTENDENTS. 187 
 
 4th. In the history of the United States, of Englaud, and of Eu- 
 rope generally: 
 
 t 
 
 5th. In the principles of English grammar: and, 
 
 6th. In the use of globes. 
 
 If they are found well acquainted with the other branches, a more 
 slight knowledge of the 4th and 6th heads, as above enumerated, 
 may be excused. 
 
 Third. The ability of the applicants to teach. Mere learning, 
 without the capacity to impart it, would be of no use. The superin- 
 tendents should satisfy themselves by general inquiries, and particularly 
 by a thorough examination of the applicants respectively, of their 
 qualifications in this respect, of their tact in dealing with children, and 
 especially of their possessing the unwearied patience, and invariable 
 good nature, so necessary to constitute useful teachers of youth. 
 
 Having satisfied themselves on these several points, the town su- 
 perintendents will grant certificates in the usual form. 
 
 V. Miscellaneous Duties. 
 
 1. Town superintendents are not within the class of public officers 
 required by the constitution to take the oath of office. 
 
 2. Upon filing their bonds and notices of acceptance as required by 
 law, they are directed to announce the fact to this department, stating 
 their places of residence, and the post-office to which communica- 
 tions intended for them should be addressed. They will also state 
 the most practicable mode of transmitting to them any books or 
 packages. 
 
 3. The town superintendents should make themselves familiar with 
 the laws concerning common schools, the regulations of the superin- 
 tendent, and his decisions and instructions in explanation of them, 
 which will be furnished to each. They will find this knowledge 
 equally indispensable to the performance of their own duties, and to 
 enable them to impart the information and furnish the advice for 
 which they will be constantly solicited, and which is, indeed, one 
 principal object of their appointment. 
 
188 TOWN SUPERINTENDENTS. 
 
 4. By the tenth section, of the Act, chap. 133, of the laws of 
 1843, the State Superintendent is authorized, on the recommendation 
 of the County Superintendent, or on such other evidence as he may 
 deem satisfactory, to grant certificates of qualification of the highest 
 grade. This power must of necessity be sparingly exercised : and 
 will be reserved as the suitable reward of thoroughly tested superio- 
 rity in teaching. The several town superintendents may in their dis- 
 cretion suggest the names and distinctive qualifications of teachers 
 within their jurisdictions, whom they are willing to recommend as 
 candidates for such State certificate ; having particular reference to 
 ability and success in the communication of mental and moral in- 
 struction, and of the power of self-culture and the formation of those 
 habits and principles best adapted to develop and strengthen the va- 
 rious physical, intellectual and moral faculties ; which will be con- 
 sidered by the Department. 
 
 UNIFORMITY OF TEXT BOOKS. 
 
 5. It is believed that a more propitious period could not be pre* 
 sented when an earnest and systematic effort should be made, under 
 the auspices of the Town Superintendents, to relieve our institutions 
 of elementary instruction from the serious embarrassments resulting 
 from the diversity and constant change of text books. The several 
 Town Superintendents are therefore enjoined to avail themselves of 
 the earliest practicable opportunity to cause an uniform series of text 
 books, embracing all the elementary works ordinarily used in the 
 common schools, to be adopted in each of the districts subject to 
 their supervision, under the direction and with the consent of the 
 Trustees ; and when so adopted, not to be changed for the term of 
 three years. Whenever such uniformity can be extended throughout 
 all the districts of the town, and throughout all the towns of the 
 county, it is very desirable that such an extension should be made ; 
 but from the great diversity of vievvsin relation to the relative merit 
 of different works, the progress of this extension must necessarily be 
 slow. The foundations may, however, be laid by the attainment of 
 uniformity in the respective districts, for an ultimate harmony of 
 views and concert of action on a wider theatre. 
 
 6. County Visiters. The authority to appoint these visiters given 
 by the act of 1839, (No. 3,) remains in full force, and the gentlemen 
 
TOWN SUPERINTENDENTS. 189 
 
 heretofore selected retain the powers conferred by their appointment 
 and the statute. The same exigency for their services still exists, 
 yet they can be eminently useful in awakening public attention and 
 concentrating public opinion on the subject of primary education, by 
 co-operating with the town superintendents. They are, therefore, to 
 be encouraged and assisted in any efforts they may make to visit the 
 schools and improve their condition. The town superintendents will 
 find them efficient and able auxiliaries. 
 
 A review of the several heads of these instructions will impress 
 the town superintendents with the extent, variety and importance of 
 the duties they have assumed. They will perceive that their sta- 
 tions will not be sinecures ; and that upon the faithful and consci- 
 entious discharge of their obligations will depend the success or fai- 
 lure of our system of common school instruction. 
 
 It can scarcely be necessary to say that they are invited to com- 
 municate freely with this department ; and that all the aid in its 
 power will be cheerfully rendered to facilitate the performance of 
 duties, to which the hopes and expectations of the friends of educa- 
 tion are so anxiously directed, and from which good may yet result 
 to the people of this State. 
 
 N. S. BENTON, 
 Superintendent Common Schools. 
 
 Albany, Dec. 24, 1847. 
 
INDEX TO INSTRUCTIONS. 
 

 INDEX :; - 
 
 TO 
 
 FORMS, REGULATIONS AND INSTRUCTIONS. 
 In this Index, the figures refer to the page. 
 
 
 Account Books. 
 
 Page. 
 
 1. To be provided by trustees of school districts; what to con- 
 tain; mode of entries in, and form of certificate,. .... 116 
 
 Administrators. 
 See Executors and Administrators. 
 
 Alterations in School Districts. 
 See town superintendents of Common Schools, 80, 85. 
 
 Annual and Special Meetings. 
 
 1. Duties and powers of trustees in the calling of, 117 
 
 2. When and for what purposes they may be called, 117 
 
 3. How and by whom to be notified, 155 
 
 4. When time for annual meeting has passed by without such 
 
 meeting being held, district clerk to notify special meet- 
 ing for election of officers, 155 
 
 5. Proceedings of, not vitiated by defect in notice, in the ab- 
 
 sence of fraud, 155 
 
 6. Form of notices for^ 156 
 
 7. Powers and duties of inhabitants of districts when assem- 
 
 bled in, 95 to 100 
 
 8. Mode of proceeding, 100, 101 
 
 9. Mode of keeping minutes and records of proceedings; form 
 
 of, 102 
 
 10. Qualifications of voters at, 102 
 
 11. Reconsideration of proceedings, 103 
 
 13 
 
194 INDEX TO INSTRUCTIONS. 
 
 Annual Reports. 
 
 Page. 
 
 1. Of town superintendents, what to contain; form of,... 92, 93 
 
 2. Of trustees of districts, when to be made, and what to con- 
 tain, 139, 140, 141 
 
 3. Of county clerks, when to be made, and what to contain, 76 
 
 Apparatus. 
 
 1. Inhabitants of districts authorized to levy tax for maps, 
 
 globes, black boards and other school apparatus, . . . 96, 97 
 
 Appeals to Superintendent. 
 
 1. Cases in which the courts will not entertain jurisdiction of 
 
 complaints of erroneous proceedings under the school 
 laws, 172 
 
 2. Cases in which appeals may be made, 173, 174 
 
 3. By whom, 175 
 
 4. Form and manner of proceeding, 175, 176, 177 
 
 Apportionment of Public Money. 
 
 1. County clerk to forward certified copies of notice of, from 
 
 superintendent, to county treasurer and clerk of board 
 
 of supervisors, , 76 
 
 2. When and on what vouchers to be paid to county treasu- 
 
 rers, 77 
 
 3. Notice of amount received for respective towns to be giv- 
 
 en by county treasurer to commissioners of common 
 schools of the several towns, 77 
 
 4. Proportions of teachers' and library moneys to be designa- 
 
 ted by county treasurers in making their payments to 
 town superintendents, and separately apportioned by 
 town superintendents, . 78, 87 
 
 5. Proceedings of town superintendents in the receipt and ap- 
 
 portionment of public money, 87, 88 
 
 6. When to be made, 87 
 
 7. Separate accounts to be kept of the amount raised by vote 
 
 of town; how to be apportioned and applied, 86 
 
 8. Funds received from overseers of the poor, how to be ap- 
 
 portioned and appliedj . 86 
 
 9. Funds received from gospel and school lots, 87 
 
 10. To colored schools, how to be made, 88 
 
 , 
 Assessment of taxes. 
 
 1 . Proceedings of trustees in relation to, 1 17 to 128 
 
 2. Tax list, when to be made out, 118 
 
INDEX TO INSTRUCTIONS. 195 
 
 Page. 
 
 3. Errors in, and in rate bills, how corrected, ........ 118 a 119 
 
 4. How and upon whom to be assessed, and for what purpose 119 
 
 to 121 
 
 5. Non-residents, in what cases, and to what extent taxable, 121 
 
 6. Land belonging to corporations, when, to what extent, 
 
 and where taxable, 121 
 
 7. Proceedings in relation to unoccupied and unimproved 
 
 non-resident lands, 121 to 124 
 
 8. Valuations of property, how ascertained, and mode of pro- 
 
 ceeding when reduction is claimed, 124, 125 
 
 9. What to be deemed last assessment roll of town,.. . . 124, 125 
 
 10. Exemption of certain persons from tax for building school 
 
 house, 126 
 
 11. When and in what cases taxes may be assessed by trustees 
 
 on inhabitants of districts, without being specifically vo- 
 ted, 126 
 
 it 
 Assessment Roll of Town. 
 
 1. Valuation of property in the assessment of school district 
 
 taxes, to be ascertained from, 124 
 
 2. What to be deemed the last assessment roll, 124, 125 
 
 3. Proceedings when valuation cannot be ascertained from,. . 125 
 
 B. 
 
 Black Boards. 
 
 1. Inhabitants of district authorised to levy tax for purchase 
 
 of 96,97 
 
 Blank Books. 
 
 See Account Books See District Clerk, 1 Records. 
 
 . * 
 
 Board. 
 See Teachers, 7. 
 
 Boards of Supervisors. 
 
 1. Mode of proceeding of, in raising amount equal to appor- 
 
 tionment from school fund; form of resolution for, ... 73 
 
 2. Mode of proceeding in raising additional amount voted by 
 
 any town, 74 
 
 3. To cause amount of unpaid taxes on certain non-resident 
 
 land to be levied thereon, , 74 
 
L96 INDEX TO. INSTRUCTIONS. 
 
 Page. 
 
 4. Copies of resolutions and proceedings of, respecting the 
 raising of money for school or library purposes, and for 
 the appointment of deputy superintendents, to be trans- 
 mitted to superintendent, 74 
 
 See Clerks of Board of Supervisors Supervisors of Towns. 
 
 Books. 
 See District Library. 
 
 c. 
 
 . 
 
 Catalogues. 
 See District Library, 12, 13, 14, 18, 19, 20 21. 
 
 Clerks of Boards of Supervisors. 
 
 1. To transmit to superintendent copies of resolutions and 
 
 proceedings of supervisors respecting the raising of mo- 
 ney for school or library purposes, and for the appoint- 
 ment of deputy superintendent, 74 
 
 2. Duty of county clerk to transmit certified copy of notice 
 
 of apportionment of school moneys from superintend- 
 ent, to, 76 
 
 Clerks of School Districts. 
 See District Clerks. 
 
 Collectors. 
 See Town Collector District Collector. 
 
 Colored Children. 
 
 1. Provision for establishment of schools for, by trustees of 
 
 district, , ... 148 
 
 2. Town superintendents to apportion share of public money 
 
 to trustees of schools, 88 
 
 Corporations. 
 1. Taxable for school district purposes,. 121 
 
 County Clerks. 
 
 1. To transmit certified copy of notice of apportionment of 
 school moneys from superintendent to county treasurer 
 and clerk of board of supervisors; importance of prompt 
 performance of this duty, 76 
 
INDEX TO INSTRUCTIONS. 197 
 
 ^^_ Page. 
 
 2. Annual reports required from, how to be made, 76 
 
 3. Duty of, to notify town clerks of neglect of town superin- 
 
 tendents, to make and file reports 76 
 
 County Treasurer. 
 
 1. Duty of county clerk to transmit certified copy of notice 
 
 of apportionment of school money from superintendent 
 to, 77 
 
 2. When to apply to comptroller and state treasurer for 
 
 school moneys, 77 
 
 3. Form of draft on state treasurer, 77 
 
 4. Form of certificate of clerk of board of supervisors, to be 
 
 annexed, .... 77 
 
 5. Endorsements of draft, when not presented by the person 
 
 to whom made payable, 77 
 
 6. On receipt of money to give notice to town superintendents 
 
 of the several towns in their county, of the amount ap- 
 portioned to such towns, 78 
 
 7. In making their payments to town superintendents, to de- 
 
 signate the respective proportions of teachers' and libra- 
 ry moneys, 78 
 
 8. On receiving from trustees of districts an account, affidavit 
 
 and certificate of unpaid taxes on certain non-resident 
 lands, to pay amount so returned out of any moneys 
 raised for contingent expenses; and to lay such account, 
 affidavit and certificate before board of supervisors,. .. 78 
 
 9. Authorized to receive amount due from person liable to 
 
 pay, at any time before such amount is levied by board 
 
 of supervisors, 78 
 
 10. Comptroller to refund amount advanced if not collected, 78 
 
 County Visitors. 
 See Visitors. 
 
 D. 
 
 Debating Societies. 
 
 I. School-house may be used by, when not wanted for district 
 
 purposes, under certain restrictions, 129 
 
 District Clerks. 
 
 1. Blank book for recording proceedings of district to be fur- 
 
 nished by trustees for, . < 155 
 
 2. General duties of, 155, 156, 157 
 
198 INDEX TO INSTRUCTIONS. 
 
 3. To notify special meeting for election of officers, when the 
 
 time for holding the annual meeting has passed over,. . 155 
 
 4. Notices how to be served by, and what to contain, ...... 155 
 
 5. Form of notice for annual meeting, .................. 156 
 
 6. Form of notice for adjourned meeting, ................ 156 
 
 7. Form of notice for special meeting, ............. . ..... 156 
 
 8. To forward to town clerk, within ten days after any an- 
 
 nual or special meeting for the election of officers, the 
 names of such officers, ............... . ........... 157 
 
 9. To receive, preserve, and cause to be bound, the District 
 
 School Journal; postage by whom to be paid and how 
 refunded, .................................... 157 
 
 10. Penalties for neglect of duty by, .................... 157 
 
 11. Mode and form of keeping minutes and records of proceed- 
 
 ings of district meetings, ............ .... ......... 157 
 
 District Collector. 
 
 1. When and to what extent protected by his warrrant, .... 145 
 
 2. Bond to be given by, when required by trustees; form of; 
 
 office vacated by refusal to execute, and another to be 
 appointed, ................................ 149, 150 
 
 3. General duties of, ........... . ................ . . . 158 
 
 4. Jurisdiction of, . ....... . ........................... 158 
 
 5. Mode of proceeding in the collection of taxes and rate 
 
 bills, ............... . ......................... 122 
 
 6. What property liable to be taken on warrants of,. ., 122, 158 
 
 7. Forfeitures and penalties against, for neglect of duty,.... 159 
 
 District Library. 
 
 1. Inhabitants of district authorized to levy tax for purchase 
 
 of, and case; to direct selection of books and appoint a 
 librarian, ............................... . .... 159 
 
 2. When books for, to be selected by trustees, .......... . . 160 
 
 3. General direction for purchase of, may be given by inhabi- 
 
 tants to trustees, ... . ......... , ................ 159 
 
 4. When joint library may be purchased for two or more dis- 
 
 tricts, with approbation of superintendent, ......... . 167 
 
 5. When superintendent may select and forward to county 
 
 clerk for use of district, .......................... 98 
 
 6. Inhabitants not authorized to sell or exchange books be- 
 
 longing to, .......... . ......................... 160 
 
 7. Regulations No. 1, for government of officers of school 
 
 districts having charge of, .................. 161 to 168 
 
 8. Selection of books, ................................ 161 
 
 9. To be in charge of librarian to be chosen at annual meet- 
 
 ing, ....................... ... .. .............. 163 
 
INDEX TO INSTRUCTIONS. 199 
 
 Page. 
 
 10. Trustees of districts to be trustees of, . . , 163 
 
 11. Duty of librarian and trustees, 163, 164, 165 
 
 12. Librarian to make catalogue and sign receipt; form of, 163, 164 
 
 13. Trustees to annex certificate, 164 
 
 14. When books to be called in, examined and compared with 
 
 catalogue, 164 
 
 15. When trustees to provide case, 165 
 
 16. Trustees to affix labels to books, 165 
 
 17. Books to be kept by librarian, what to contain, and forms 
 
 of entries in, 165, 166 
 
 18. Librarian to keep copy of catalogue, , .... 166 
 
 19. Trustees to deliver catalogue to town superintendents with 
 
 their annual report, 166 
 
 20. Town superintendents to preserve catalogues and deliver 
 
 to successors, 166 
 
 21 In what cases library money to be withheld from districts 
 
 by town superintendents, 167, 168 
 
 22. Town superintendents to retain such money, subject to di- 
 
 rection of superintendent, 167 
 
 23. Proceedings when two or more districts desire to unite 
 
 their funds for the purchase of a joint library,.. 167, 168 
 
 24. Penalties and forfeitures for neglect of officers to comply 
 
 with regulations, _ 168 
 
 25. Regulations No. II. concerning the use of books in, 168, 172 
 
 26. In what cases and under what restrictions books to be deli- 
 
 vered, 169 
 
 27. Who to be regarded as inhabitants for the purpose of draw- 
 
 ing books, 169 
 
 28. Duty of librarian in delivery of books, 169 
 
 29. Books may be retained twenty days, i 169 
 
 30. Time for retaining may be extended by superintendent, on 
 
 application of trustees, 170 
 
 31. Librarian to report cases of neglect in returning and injury 
 
 to books, to trustees, 170 
 
 32. In what cases fines may be imposed by trustees; amount 
 
 of such fines,. 170 
 
 33. Value of book lost or destroyed, may be recovered by 
 
 trustees, 171 
 
 34. Librarian may refuse to deliver books until fines are paid, 171 
 
 35. Notice to be given by trustees previous to the imposition 
 
 of fine; what excuses may be received; and discretion- 
 ary power of trustees in the imposition of such fines, 171 
 
 36. Trustees to meet and hear excuses, and to enter fines in a 
 
 book to be kept for that purpose, 171, 172 
 
 37. Trustees to prosecute promptly for the collection of fines, 172 
 
 38. Amount collected, how applied,.. ., 172 
 
200 INDEX TO INSTRUCTIONS. 
 
 39. Printed copy of regulations to be affixed to case; and at- 
 tention of borrowers to be called to such regulations by 
 librarian, ...................................... 172 
 
 District School Journal. 
 
 1. To be forwarded to the clerk of each district, to be by him 
 bound and preserved; postage on, how to be raised by 
 the district, .................................... 157 
 
 E. 
 
 Errors and Omissions. 
 
 1. When trustees of districts may correct errors in tax lists 
 
 and rate bills, and refund amounts improperly collected, 118 
 
 Executors and Administrators. 
 
 1. 'When and to what extent taxable for school district purpo- 
 ses, ............................................ 120 
 
 Exemptions. 
 
 1. Of certain persons from tax for building school house, .... 126 
 
 2. Of indigent persons wholly or in part from rate bill far 
 
 teachers' wages, and amount of such exemption to be 
 raised by tax on district, ..................... 133, 136 
 
 F. 
 
 Fines. 
 
 1. In what cases to be imposed by trustees of district library; 
 amount of; what excuses may be received; and discre- 
 tionary power of trustees in the imposition of, .... 170, 171 
 See District Library, 32 to 39. 
 
 Forfeitures. 
 See Penalties and Forfeitures. 
 
 Formation or alteration of School Districts. 
 
 / 
 
 See Town Superintendents of Common Schools, 5, 
 
INDEX TO INSTRUCTIONS. * 201 
 
 1 
 
 
 
 Forms. 
 
 Page. 
 
 1. Of resolutions of boards of supervisors for raising an 
 
 amount of money on their respective counties, equal to 
 that received from the state for school and library pur- 
 poses; and also for such additional amounts as may be 
 required by law or voted by towns, 73, 74 
 
 2. Of draft of county treasurer on state treasurer, for amount 
 
 of school money apportioned to county, and of a certifi- 
 cate of clerk of board of supervisors to be annexed, . 77 
 
 3. Of resolution of town superintendents, creating a new dis- 
 
 trict, 80,81 
 
 4. Of consent of trustees to any alteration in their district, . 81 
 
 5. Of notice to, by town superintendents, when such consent 
 
 is withheld, 81 
 
 6. Of notice of the first meeting in a district to organize, .... 82 
 
 7. Of resolution of the town superintendents, for the altera- 
 
 tion of a district, ., 84 
 
 8. Of certificate of qualification to be given by inspectors,.. 91 
 
 9. Of instrument annulling certificate, 91 
 
 10. Of certificates to be entered in account books provided by 
 
 trustees of districts, , 116 
 
 11. Of tax list of collection of district taxes 126 
 
 12. Of statement and description of unoccupied and unim- 
 
 proved non-resident lands upon which taxes have been 
 imposed, 127 
 
 13. Of warrant for collection of district taxes, 127 
 
 14. Of renewal by trustees, 128 
 
 15. Of assessments by trustees in making out rate bills against 
 
 inhabitants sending to school, 136 
 
 16. Of certificates of exemption from payment of rate bill 
 
 wholly or in part, 136 
 
 17. Of rate bill and warrant, 137 
 
 18. Of bond to be given by district collector, when required 
 
 by trustees, 149, 150 
 
 19. Of teachers' lists; daily and weekly rolls; abstract of at- 
 
 tendance of scholars; accounts of inspections, and visi- 
 tations and verifications of,. 152, 153 
 
 20. Of notices for annual, adjourned and special meetings,.* . 156 
 
 21. Of lists of voters, with ayes and nays, 101 
 
 22. Of minutes to be kept by district clerk of proceedings of 
 
 district meetings, 101, 102 
 
 23. Of resolution for raising a tax for erection of school- 
 
 house, t 108 
 
 24. Of resolution for purchase of site, 108 
 
 25. Of receipt to be signed by librarian on taking charge of 
 
 district library, 163 
 
202 INDEX TO INSTRUCTIONS. 
 
 Page, 
 
 26. Of certificate of trustees thereon, 164 
 
 27. Of entries in librarian's book, 166 
 
 Fuel. 
 
 1. Modes of providing for use of school, 130 
 
 2. In what state to be delivered, 131 
 
 , 
 
 G. 
 
 Globts. 
 
 1. Inhabitants of school districts authorized to levy tax for 
 
 purchase of, 96, 97 
 
 Gospel and School Fund. 
 1. Application of, by trustees of school districts, 115 
 
 i. 
 
 Indigent Persons. 
 
 1 Exemption of, wholly or in part, from payment of rate 
 
 bills, 134,135 
 
 2. Form of certificate of, 136 
 
 3. Amount of, to be raised by tax on districts, 134, 138 
 
 4. Principles by which trustees should be governed in mak- 
 
 ing, 135 
 
 Inhabitants of School Districts. 
 See Annual and Special Meetings. 
 
 1. Powers and duties of, when assembled in district meet- 
 
 ing, 95 to 108 
 
 2. Mode of proceeding, 100 
 
 3. Who to be regarded as, for the purpose of drawing books 
 
 from district library, 169 
 
 Inspections. 
 
 1 Account of, how to be kept by teachers, 152 to 154 
 
 See Inspectors. 
 Town Superintendents as Inspectors of Common Schools 
 
 \. Duties of, in the inspection of common schools and licen- 
 sing of teachers, , 90, 91, 177 to 182 
 
INDEX TO INSTRUCTIONS. 203 
 
 Page. 
 
 2. Present provisions of law respecting licensing of teachers, 90 
 
 3. Form of certificate to teacher by, 91 
 
 4. How, and on what notice, such certificate may be annul- 
 
 , led, ; 91 
 
 5. Form of instrument annulling" certificate, 91 
 
 6. Duplicate to be signed and filed in town clerk's office, 91, 92 
 
 J. 
 
 Joint Districts. 
 
 1. Proceedings of town superintendents in the formation or 
 
 alteration of, 85 
 
 2. When special meeting of inhabitants of may be called by 
 
 town superintendents, and powers of such meeting,. .. 85 
 
 L. 
 
 Lectures. 
 
 1. School -house may be used for delivery of, under certain re- 
 strictions and regulations, 129 
 
 Library 
 See District Library. 
 
 Librarian. 
 
 1. When and by whom appointed, , 159 
 
 2. Duties and powers of, 161 to 168 
 
 See District Library. 
 
 Library Money. 
 
 1. To be separately" designated by county treasurer and ap- 
 
 portioned by town superintendents, 77, 78 
 
 2. How to be applied by trustees, 160 
 
 3. To be apportioned by town superintendents, independent- 
 
 ly of teachers' money, 88 
 
 4. When application may be made for to superintendent by 
 
 trustees, when withheld by town superintendents, 150, 151 
 
 5. When two or more districts may unite, with approbation 
 
 of superintendent, for purchase of joint library; pro- 
 ceedings in such case, 167, 168 
 
 6. In what cases town superintendents may withhold from 
 
 districts, 167 
 
204 INDEX TO INSTRUCTIONS. 
 
 M. 
 
 t 
 
 Maps. 
 
 Page. 
 
 1. Inhabitants of school districts authorized to levy tax for 
 
 purchase of, 96, 97 
 
 Meetings. 
 
 See Annual Meeting Special Meeting Inhabitants of School Dis- 
 tricts Religious Meetings. 
 
 N. 
 
 New Districts. 
 See Town Superintendents of Common Schools, 5, 9, 10. 
 
 Non-residents. 
 
 1. When and to what extent taxable in school districts,.... 121 
 
 2. Proceedings in relation to unoccupied and unimproved 
 
 lands of, '. 121, 122, 123 
 
 3. Form of statement and description of by trustees in tax 
 
 list, 127 
 
 O. 
 
 Officers of School Districts. 
 
 See District Clerk District Collector Librarian Trustees of 
 School Districts. 
 
 1. Names of, directed to be forwarded by district clerk to 
 
 town clerk, within ten days after election of, ....... 157 
 
 2. How to be chosen, ................................ 100 
 
 Organization of School Districts. 
 See Town Superintendents of Common Schools, 5, 9, 10. 
 
 p. 
 
 Penalties and Forfeitures. 
 1. Duty of town superintendents in relation to the prosecu- 
 
 tion and collection of, ........................... 89 
 
INDEX TO INSTRUCTIONS. 205 
 
 Page. 
 
 2. Enumeration of, and application of moneys so collected,. 89 
 
 3. Town superintendents required to report respecting, 90 
 
 4. Liabilities of town superintendents of common schools,.. 94 
 
 5. Forfeitures by trustees for refusal to serve, and for neglect 
 
 of duty, 109 
 
 6. Against trustees for neglect or refusal to account or pay 
 
 over balances, 143 
 
 7. By clerks of school districts for neglect of duty, , ....... 157 
 
 8. By collectors of school districts for neglect of duty, 158 
 
 9. For refusal or neglect of town superintendents and officers 
 
 of. school districts to comply with regulations of super- 
 intendent, relative to district library, , 168 
 
 Postage. 
 
 1. On District School Journal, by whom to be paid, and how 
 
 levied on the district, 157 
 
 Property of School Districts. 
 See Public or School Money. 
 
 1. To be entered by trustees in account book to be provided 
 
 for use of districts; mode of entry and form of certifi- 
 cate, 116 
 
 2. Proceedings of town superintendents on the formation of 
 
 a new district from one or more districts possessed of a 
 school-house or other property, 82, 83 
 
 3. Proceedings on the sale of property belonging to dissolved 
 
 districts, 83, 84 
 
 4. Application by trustees of new district of amount receiv- 
 
 ed, 83, 84 
 
 Public or School Money. 
 See Apportionment of Public Money. 
 
 1. How apportioned by the superintendent on the formation 
 
 of a new district, 82, 83 
 
 2. Library money, how to be applied by trustees, 88 
 
 3. Amount which may be raised by inhabitants of towns at 
 
 town meetings; and application of, 86 
 
 R. 
 
 Religious Meetings. 
 
 1. Instructions relative to holding in school house, when not 
 
 wanted for district purposes, 129 
 
206 INDEX TO INSTRUCTIONS. 
 
 -Records. 
 
 Page. 
 
 1. Inhabitants of school districts authorised to levy a tax for 
 
 purchase of books for, 95 
 
 2. Mode of keeping, and forms, 116 
 
 Rate Bills. 
 
 1. Proceedings of trustees in making out, , 133 to 138 
 
 2. Exemption of indigent persons, 133, 134 
 
 3. Form of assessment on individuals sending to school, .... 136 
 
 4. Form of certificate of exemption, 136 
 
 5. Form of rate bill and warrant, 137 
 
 6. Amount of exemptions to be collected by tax, 1 35 , 138 
 
 7. Errors in, how corrected, and amounts improperly collec- 
 
 ted, refunded, 118, 119 
 
 s. 
 
 School Districts. 
 
 See Joint Districts. 
 
 1. Proceedings of the town superintendents, in the formation 
 
 or alteration of, 85 
 
 2. Organization of, 85 
 
 3. Sale and apportionment of property of, on formation of 
 
 new districts, 82, 83, 84 
 
 4. Sale of property of dissolved district, 83, 84 
 
 School House. 
 
 1. Certain persons to be exempted from tax for building, . 126 
 '2. Duties and powers of town superintendents and trustees, 
 relative to the sale and apportionment of value of, on 
 the formation of new districts, and application of avails 
 of, 82,83, 129, 130 
 
 3. Duties and powers of trustees in the purchase, custody, 
 
 sale and repairs of, and in furnishing with necessary 
 fuel and appendages, 128, 129, 130 
 
 4. Occupation of for religious meetings, and for other than 
 
 district purposes, how regulated and controlled, 129 
 
 5. Proceedings of trustees in sale of, * 129 
 
 6. Quality and condition of fuel to be provided for, 130 
 
 7. When sites for two or more may be designated by inhabi- 
 
 tants, with the consent of town superintendents, and a 
 tax levied for the purchase or lease thereof, and for the 
 purchase, hiring or building of school house, and keep- 
 ing in repair and furnishing the same with necessary 
 fuel and appendages, 95, 96 
 
INDEX TO INSTRUCTIONS. 207 
 
 Page. 
 
 8. Tax for building can not exceed $400, unless (including the 
 
 avails of sale of old school house,) certificate of town 
 superintendent, that a larger amount is necessary, 107, 108 
 
 9. When inhabitants may direct sale of, 97 
 
 10. Proceedings of inhabitants in building, hiring, purchasing 
 and repairing, how to be conducted, 106, 107 
 
 11. Form of resolution for raising a tax for erection of,. 107, 108 
 
 12. Tax for building may be collected, but cannot be expend- 
 
 ed until legal title to site is procured, ...... 108 
 
 Site of School House. 
 See Property of School Districts. 
 
 1. Duties and powers of town superintendents and trustees in 
 
 the sale and apportionment of, on the formation of new 
 districts, 82, 83, 84 
 
 2. Duties and powers of trustees, in relation to the purchase, 
 
 custody and sale of, 128, 129, 130 
 
 3. When inhabitants may designate two or more, with con- 
 
 sent of town superintendents, and levy tax for purchase 
 
 or lease of, (fee., 95, 96 
 
 4. When inhabitants may direct sale of, 97 
 
 5. Should be designated with distinctness and precision,..., 104 
 
 6. In what cases the consent of town superintendents, and a 
 
 vote of two-thirds, by ayes and nays, is necessary to 
 change of, 105, 106 
 
 7. Form of resolution for purchase of, 108 
 
 8. Tax for purchase of, may be collected, but cannot be ex- 
 
 pended until legal title is procured, 108 
 
 Special Meetings. 
 See Annual and Special Meetings. 
 
 State Treasurer. 
 
 1. Forms of draft on, and certificate of board of supervisors 
 annexed, for amount of school money apportioned to 
 the several counties; endorsements of, &c., 77 
 
 Suits. 
 
 1. By and against trustees, in what cases to be brought, and 
 
 general principles applicable to, 143 to 148 
 
 Sunday Schools. 
 
 1. May be held in school house under certain restrictions and 
 
 regulations, . 129 
 
208 INDEX TO INSTRUCTIONS. 
 
 * 
 
 Superintendent. 
 
 Page. 
 
 1. Errors and omissions in tax lists or rate bills may be cor- 
 
 rected, and amounts improperly collected refunded, 
 with approbation of, 118, 119 
 
 2. Warrant for collection of tax lists and rate bills may be 
 
 renewed with like approbation, 128 
 
 3. When and in what cases application may be made to, by 
 
 trustees, for public money withheld by town superinten- 
 dents, 150, 151 
 
 4 . When joint library, for two or more districts, may be pur- 
 
 chased with approbation of, 167, 168 
 
 5. When library may be selected by and forwarded to county 
 
 clerk for use of districts, 98 
 
 6. Appeals to, regulations concerning, 172 to 177 
 
 Supervisors of Towns. 
 
 I. To collect penalties imposed upon town superintendents of 
 common schools and officers of school districts, for refu- 
 sal or neglect to perform certain duties' importance of 
 a faithful discharge of this duty, 75, 76 
 
 T. 
 
 Taxes. 
 See Assessment of Taxes Trustees, 23 to 31 Tax List. 
 
 1. Exemption from of certain persons, for building school 
 
 house, * 126 
 
 2. When and in what cases to be imposed by trustees, with- 
 
 out being specifically voted, 126 
 
 3. Amount of exemptions of indigent persons to be raised by, 134 
 
 138 
 
 4. Must be specifically voted s 104 
 
 5. For building school houses cannot exceed $400, unless cer- 
 
 tificate of town superintendent that a larger sum is ne- 
 cessary, be first procured, 107, 108 
 
 6. Cannot be expended for purchase of school house or site, 
 
 until legal title is obtained,' 108 
 
 7. Deficiencies in collection of, how raised, 108 
 
 Tax List. 
 
 See Assessment of Taxes. 
 1. When to be made out by trustees, 1 18 
 
INDEX TO INSTRUCTIONS. 209 
 
 Page. 
 
 2. Errors in, how corrected, &c.,. , 118 
 
 3. Form of, 126, 127, 128 
 
 Teachers. 
 
 1. Present provisions of law respecting licensing of, 90, 91, 152 
 
 153 
 
 2. Form of certificate of qualification to be granted by inspec- 
 
 tors, 91 
 
 3. How, and on what notice such certificate may be annulled, 91 
 
 92 
 
 4. Form of instrument annulling certificate, 91 
 
 5. Duties and powers of trustees in the employment and pay- 
 
 ment of, and in making out and collecting rate bills, 131, 138 
 
 6. Contracts with, how to be made, 131, 132 
 
 7. Arrangements for board of, how to be made, , 132 
 
 8. Mode of paying, 133 to 135 
 
 9. Rate bills, how made out, 136, 137 
 
 10. To give notice to trustees of payments made to, for tuition 138 
 
 11. Instruction to, relative to keeping of lists of attendance of 
 
 scholars, and of visitations and inspections of schools; 
 and forms of such lists, of day or check rolls, of week- 
 ly rolls, abstracts of attendance of scholars, and of ac- 
 count of inspections, how verified, 152 to 154 
 
 12. Duties of town superintendents in relation to examination, 
 
 licensing and annulling of certificates of, 90, 91 
 
 13. Qualifications required of, 91 
 
 14. Form of certificate to be granted by town superintendents 
 
 to, 91 
 
 15. Form of instrument annulling certificate of, 91 
 
 Teachers' List. 
 See Teachers, 11. 
 
 Teachers' Money. 
 
 1. To be separately designated by county treasurer and appor- 
 
 tioned by town superintendents, 78, 86, 87 
 
 2. To be apportioned independently of library money, ,..,.. 87 
 
 3. Application of, by trustees, 87, 88, 97, 98 
 
 4. Division of, by trustees into portions, when authorised by 
 
 vote of district, 99 
 
 5. Power of trustees over application and expenditure of, 
 
 when no directions have been given by district, 115 
 
 6. Need not be paid exclusively for services rendered during 
 
 the year when received, 1 15 
 
 7. When applications may be made to superintendent for, 
 
 "when withheld by town superintendents, 150, 151 
 
 14 
 
210 INDEX TO INSTRUCTIONS. 
 
 j 
 
 Towns. 
 
 Page* 
 
 1. Amount of school money which may be raised by inhabi- 
 tants of, at town meetings; and application of, 86 
 
 Town Clerks. 
 1 . General duties of, , 76 
 
 Town Superintendents of Common Schools. 
 
 1. To be notified by county treasurer of amount of school 
 
 money apportioned to their town, on its receipt from 
 the state treasurer, 78 
 
 2. Proceedings and resolutions of, valid, though not record- 
 
 ed, 79 
 
 3. Importance of regular entry by town cler.k, of proceedings 
 
 of, 79 
 
 4. Form of entry of proceedings of, 80 
 
 5. Proceedings of, in the formation or alteration of school 
 
 districts, , - . 80 to 85 
 
 6. Form of resolution creating a new district, 80 
 
 7. Form of consent of trustees of altered district, 81 
 
 8. Form of notice to trustees when such consent is withheld; 
 
 how served, , 81 
 
 9. Notice of first meeting in a district, when to be given; 
 
 form of, and how served, 81 
 
 10. Proceedings of, on the formation of a new district from 
 
 one or more districts possessed of a school-house or 
 other property, 84 
 
 11. Proceedings of, in appraising property of dissolved dis- 
 
 trict, 83 
 
 12. Form of resolution for the alteration of a district, 84 
 
 13. Proceedings of, in the formation or alteration of joint dis- 
 
 tricts, 85 
 
 14. Notice of meeting for such purpose how to be given, and 
 
 by whom, 85 
 
 15. If all the town superintendents, duly notified, neglect to 
 
 attend meeting for alteration of joint district, the super- 
 intendents in attendance may call special meeting of the 
 inhabitants of such district, who may dissolve the same, 85 
 
 16. Resolutions of, respecting joint districts to be recorded in 
 
 each of the towns from which such district is composed, 85 
 
 17. Duties of, in the receipt and apportionment of public mo- 
 
 ney, 85 to 88 
 
 18. When to apply to county tieasurer; receipt to be given 
 
 by, 85 
 
INDEX TO INSTRUCTIONS. 211 
 
 Page. 
 
 19. Whole amount apportioned to be received by, without de- 
 
 duction, 85 
 
 20. When and how apportionment to be made, 85, 86 
 
 21. Distribution of teachers' and library money, 87 
 
 22. To keep separate account of moneys raised by vote of 
 
 town; how to be apportioned and applied, 86 
 
 23. How to apportion funds received from overseers of the 
 
 poor, 86 
 
 24. How to apportion funds received from gospel and school 
 
 lots, 87 
 
 25. Apportionment of teachers' an,! library money, to be made 
 
 independently of each other s 87 
 
 26. Apportionment of trustees of colored schools, how to be 
 
 made, 88 
 
 27. Duties of, in relation to the prosecution and collection of 
 
 penalties and forfeitures; enumeration of, and applica- 
 tion of moneys so collected, 89 
 
 28. To report whether any penalties or forfeitures have been 
 
 collected by them; the amount and application, 90 
 
 29. Duties of, as inspectors of common schools, 90, 91 
 
 30. Duties of, in respect to their annual reports; what to con- 
 
 tain, 90, 91 
 
 31. Liabilities of, 94 
 
 32. Remedy against, by trustees, where public money is with- 
 
 held by,. 94 
 
 33. When application may be made by trustees to superintend- 
 
 ent, for public money withheld by, 150, 151 
 
 34. To retain such money, subject to order of superintendent, 151 
 
 35. Apportionments by, cannot be paid over unless in cases 
 
 where there has been a strict compliance with the law, 159 
 
 36. When and in what cases to withhold library money from 
 
 districts, and to retain the same, subject to direction of 
 the superintendent, 167 
 
 Treasurer. 
 See County Treasurer State Treasurer. 
 
 Trustees of School Districts. 
 
 1. Form of consent of, to any alteration of their district,. .. 81 
 
 2. To be given only at a meeting of the whole, or where all 
 
 have been notified to attend, 81 
 
 3. Such consent not required by statute to be in writing, 
 
 though this is advisable, 81 
 
 4. Form of notice to, when consent is withheld to any altera- 
 
 tion, 81 
 
212 INDEX TO INSTRUCTIONS. 
 
 Page. 
 
 5. Such proportion how to be applied by trustees of new dis- 
 
 trict, 83 
 
 6. How to apply teachers' and library money received by 
 
 them, 114, 115 
 
 7. Application of money raised by vote of town, 114, 115 
 
 8. Application of money received by town superintendents 
 
 from overseers of the poor, 115 
 
 9. Application of lands arising from gospel and school lots, 115 
 
 10. Remedy of, where public money is withheld by town su- 
 
 perintendents, 143 
 
 11. Liability of, for acts of each other, 147 
 
 12. General provisions respecting; when and how to be chosen; 
 
 term of office, and vacancies in, how created and sup- 
 plied; forfeiture for refusal to serve and for neglect of 
 duty, 108, 109 
 
 13. Resignations of, how to be made, 109 
 
 J4. Town superintendents not eligible as, 109 
 
 15. Ineligible as clerk, 109 
 
 16. Duties of, relative to the receipt and application of public 
 
 money, * 114, 115 
 
 17. When and how to obtain public money of town superin- 
 
 tendents, 113 
 
 18. Division of teachers' money by, into portions when autho- 
 
 rized by district, 99 
 
 19. Power of, over expenditure of teachers' money, when no 
 
 directions have been given by the district, 115 
 
 20. Public money need not be paid exclusively for services 
 
 rendered during the year, * 115 
 
 21. Account books to be provided by; what to contain; mode 
 
 of entries in, and form 0f certificate, 116 
 
 22. Duties and powers of, in relation to the calling of annual 
 
 and special meetings, 116, 117 
 
 23. Duties and powers of, in the assessment and collection of 
 
 district taxes, 117 to 128 
 
 24. Tax list when to be made out, 118 
 
 25. Errors in, and in rate bills, how corrected, and amounts 
 
 improperly collected refunded, 118, 119 
 
 26. How and upon whom to be assessed, and for what pro- 
 
 perty, 119 to 124 
 
 27. Non-residents, in what cases and to what extent taxable,. 121 
 
 28. Land belonging to corporations, when and to what extent 
 
 taxable, 121 
 
 29. Proceedings of, in relation to unoccupied non-iesident 
 
 lands, 121 to 124 
 
 30. Valuations of property how ascertained, and mode of pro- 
 
 ceeding when reduction is claimed, 124, 325 
 
 31. What to be deemed last assessment roll of town 3 .... 124, 125 
 
INDEX TO INSTRUCTIONS. 213 
 
 Page. 
 
 32. Exemption by, of certain persons from tax for building 
 
 school-house, . 126 
 
 33. When, and in what cases taxes may be imposed by, with- 
 
 out being specifically voted by the district, 126 
 
 34. Application of amount received as the proportion of new 
 
 district, of the property of the district from which form- 
 ed, 83 
 
 35. Form of tax list to be made out by, 126 
 
 36. Form of statement and description of unoccupied and un- 
 
 improved non-resident lands, upon which taxes have 
 been imposed, 127 
 
 37. Form of warrant for collection of tax list, 127 
 
 38. In what cases, and under what authority, warrants may be 
 
 renewed, t 128 
 
 39. Form of renewal, 128 
 
 40. Duties of, in relation to the purchase, custody and sale 
 
 of school-houses and sites, the repair of such houses, 
 and furnishing them with necessary fuel and append- 
 ages, 128 to 130 
 
 41. Instructions to, respecting the use of school-houses for oth- 
 
 er than district purposes, , * . . * * 129 
 
 42. Proceedings of, in relation to sale of school-house and 
 
 site, 129, 130 
 
 43. Modes of providing fuel, end quality and condition of such 
 
 fuel, 130, 131 
 
 44. Duties and powers of, in the employment and payment of 
 
 teachers, and in making out and collecting rate bills, 131 
 
 to 138 
 
 45. Contract^ with teachers, how to be made, 131, 132 
 
 46. Mode of paying teachers, 133, 134 
 
 47. Mode of making out rate bill, 134, 135 
 
 48. Form of assessment against individuals sending to school, 136 
 
 49. Exemption by, of indigent persons, 134, 135, 136 
 
 50. Form of certificate of exemption, 136 
 
 51. Form of rate bill and warrant, ., 137 
 
 52. Mode of collecting amount of exemptions by tax upon the 
 
 district, . . . . 135, 138 
 
 53. Notice of amounts paid to teachers to be given to, ...... 138 
 
 54. Annual reports of, when to be made, 139 
 
 55. Penalty for neglecting to make, 139 
 
 56. Report, what to contain, 140, 141 
 
 57. Duty of, in accounting to their successors, paying over 
 
 balances and delivering papers 1o them, 141, 142 
 
 58. Regulations of superintendent relative to such accounting, 
 
 and statements to be made thereon, 142 
 
 59. Suits by, in what cases to be brought, 143, 144 
 
 60. Suits against, general principles concerning, 144 to 148 
 
214 INDEX TO INSTRUCTIONS. 
 
 Page. 
 
 61. When costs not recoverable against, 146 
 
 62. Not answerable for mistakes of law, or mere errors of 
 
 judgment, . .... .... , 144, 145 
 
 63. Liable for negligence or fraud, . . 145 
 
 64. And when acting without jurisdiction, 145 
 
 65. Mere irregularities will not subject to liability, 144 
 
 66. Contracts by, when binding, 145 
 
 67. When liable, for want of jurisdiction in the inhabitants of 
 
 the district to vote a tax, 145 
 
 68. Not liable for omission to insert the names of all the taxa- 
 
 ble inhabitants in tax list, in the absence of bad faith,. 145 
 
 69. Liable for making out tax list upon any other basis than 
 
 last assessment roll, 145 
 
 70. Not authorized to issue warrant unless tax to be raised is 
 
 specifically voted, .... 145 
 
 71. Liable on contracts of predecessors, 146 
 
 72. Costs recovered against, or incurred by, cannot be levied 
 
 by tax on the district, 146 
 
 73. When to establish schools for colored children, 148 
 
 74. When to require bond from district collector; form of,. .. 149 
 
 75. When and in what cases application may be made to su- 
 
 perintendent for school or library money, withheld by 
 town superintendent, , 150, 151 
 
 76. To add amount paid for postage on District School Jour- 
 
 nal, to any tax thereafter to be levied, 157 
 
 77. Duties and powers of, as trustees of district library, 163, 164 
 
 165 
 
 See Colored Schools District Library. 
 
 V. 
 
 Valuations. 
 
 1. How to be ascertained by trustees in the assessment of taxes 124 
 
 125 
 
 2. Proceedings when valuations cannot be ascertained from 
 
 last assessment roll, 125 
 
 3. What to be deemed such last assessment roll, 124 
 
 Visitors of Common Schools. 
 1 . Powers and duties of, 188 
 
 Voters at District Meetings. 
 1. Qualifications of, defined, 102, 103 
 
INDEX TO INSTRUCTIONS. 215 
 
 W. 
 
 Warrants. 
 
 Page. 
 
 1. Form of, for collection of district taxes, 126, 127 
 
 2. Renewals of, when and how to be made, 128 
 
 3. Form of renewal, 128 
 
 4. Form of, for collection of rate bill, . . . . 6 137 
 
Ori page t6 of the Instructions, 2d paragraph, under the head " County Clerks,* 5 ' 
 Slnd at the end of the 2d line? strike out " commissioner^" and insert " town super- 
 intendents." 
 
 On page 158, at the end of 2d line, under head " Mode of proceeding in the col- 
 lection of taxes and rate bills," strike out the figures " 82," and insert " 132,*' 
 
14 DAY USE 
 
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 LOAN DEPT. 
 
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Yf 
 
 43579 
 
 THE UNIVERSITY OF CALIFORNIA LIBRARY