LIBRARY OF THE University of California. GIF^T OF" -UJ-qJUxtu S.... :iLc • Class . ! COM f=»UI M EMTS OF" WAL-TER E. RANQER, (upERiN-reiMoeNx or eouoaxion, STATE OF VERMONT, MONTPE1.IER. General Laws OF THE STATE OF VERMONT RELATING TO Public Instruction, IN FORCE APRIL 1, 1903. Published, by Authority. Compiled by WILLIAM H. TAYLOR, Esq., HARDWICK, VT. Sr. JOnSSBURY, VT.: 4\ n %tr GENERAL LAWS OF THE STATE OF VERMONT Relating to Public Instruction, IN FORCE APRIL 1, 1903. TITLE II.— (PARTS I AND II.) PUBLIC_INSTRUCTION Chapter 32. — Superintendent of education. Chapter 33. — Examiner of teachers, and town superintendent. Chapter 34. — Normal schools. Chapter 35. — Teachers' certificates. Chapter 36. — Maintenance of schools ; town system. Chapter 37. — School year. Chapter 38. — School age; attendance. Chapter 39. — Registers and returns. Chapter 40. — School taxes and school moneys. Chapter 41. — Text- books. Chapter 42. — School districts in unorganized towns and gores, and incorporated by special acts. Chapter 43. — Schoolhouses. Chapter 44. — Maintenance of schools by school districts. Chapter 45. — School taxes and school money. Miscellaneons Provisions. 114985 PRBFACE. The following compilation of the school laws of the State is made under authority of No. 28 of the Acts of 1900, enlarged by Joint Resolution No. 417 of the Acts of 1902. The basis of the compilations is the Vermont Statutes of 1894. The numbering of sections herein corresponds to the numbering of sections in the Vermont Statutes in all cases except the miscellaneous provisions, which are numbered consecutively and a marginal reference made to the corresponding section of the Vermont Statutes. By aid of the marginal references and the section number the origin and development of any particular provision of the law can be traced. Reference is made to repealed sections under appropriate num- bers. Where sections are repealed and their places are taken by sections of a kindred nature, or where entirely new provisions are incorporated into a chapter, the section numbers are designated by a letter, as 596a., 627a., etc. The margninal references also cite the decisions of the Supreme Court, explaining or construing the section under consideration. TITLE II. PUBLIC INSTRUCTION. PaKT 1. GENEEA.L PkO VISIONS. Part 2. — Special Provisions. Part 3. — Miscellaneous Provisions. PART I. GENERAL PROVISIONS. Chapter 32.- Chapter 33,- Chapter 34.- Chapter 35.- Chapter 36.- Chapter 37.- Chapter 38.- Chapter 39.- Chapter 40.- Chapter 41.- -Superintendent of education. -Examiner of teachers ; town superintendent. -Normal schools. -Teachers' certificates. -Maintenance of schools ; town system. -School year. -School age ; attendance. -Register and returns. -School taxes and school moneys. -Text-books. Chapter 32. SUPERINTENDENT OF EDUCATION. Section 595. Election ; general duties ; vacan- cy. 596. Office in state house; clerk. 59fia. Salary; clerk hire. 697. stationery; dishursements. 598. Teachers' institutes and summer schools. 699. May require assistance of ex- aminer. 600. Training in methods; may em- ploy assistants. 601. Expenses of institutes. 602. To visit each county; lecture, advise, etc. 603. His report. 604. Printing and distribution of re- port. Section 605. Printing and distribution of ques- tions for examinations. 606. Settlement with ".state auditor. May Establish Course op Study in Ungraded Schools. 607. Course of study. 608. To be printed and furnished teachers. 609. Copies to be sent school officers. May Issue Circulars of Educa- tional Information. 609a. Printing and distribution of cir- culars. 609b. Auditor to draw orders. Sec. 595. The general assembly shall elect, at each biennial session, a superintendent of education, who shall have general Elections; general duties; VftCftUCV supervision of the public schools of the state, and devote his 1888, No. 9, § i; r. l. whole time to the duties of his office. A vacancy in said office 33, §§ i, 2, 8; 1874, no! ,„,«,,-■,, 36, §4; 1872, No. 18, shall be filled by the governor. § 6 ; i870, No. 21 ; g. s. '' ° 21, 22, §§1, 3; 1856, 1849, No. 14, § 2; 1845, No. 37, §§ 3, 7; 1833, No. 19, § 1; 1827, No. 23, § 16. No. 5, §§ 1, 3, 9 ; 8 SUPERINTENDENT OF EDUCATION. [Title II. JffiM in^ta^ house; eierk. Sec. 596. The Superintendent of education shall have an office in the state house, and may employ a clerk to assist in statistical and other office work. i9&ijo!''2iI"ri; V. 8. Sec. 696a. The annual salary of the superintendent of edu- l.'^Tiy^N^ wl ^^ ^' cation shall be two thousand dollars, and his necessary expenses when travelling on official business, to an amount not exceeding six hundred dollars. He may employ a clerk skilled in statisti- cal, stenographic and other office work whose annual salary shall not exceed six hundred dollars, and may employ other clerical assistance, as the work of his office may require, at an expense not to exceed two hundred dollars in excess of the allowance herein otherwise specified. stationery; disbursements. Sec. 597. He shall be Supplied with Stationery for official 1888, No. 9, § 4. , „ . . , . , , use, and payments for postage, freight and express charges, necessarily made in connection with his official duties, shall be allowed in the settlement of his account. Kmw'schS*"**' *"* ^^^- ^98. He shall hold a teachers' institute in each county N^!'34l*i8^^,'NoV9,^f5;'^^^i^g ^^^^ biennial term except as hereinafter provided and S,h;'i869?iro^^t'i868;^^^y ^old additional institutes if in his judgment advisable; but f°;' 1861X^27 fG.^li'^o* °^o^^ *^^^ *^° institutes shall be held in any county during 3; iltl^^o^'M, §3;'i8i5^ ^ biennial term, nor shall an institute continue more than four No. 37, § 5. days. Provided no institute is held in a county during any year, the superintendent of education and examiner of teachers may arrange for and conduct a summer school for teachers, the expense of which to the state shall not exceed twenty-five dollars per day for not more than ten days, and the examiner may receive from the state compensation for not more than ten days for his services in connection with such summer school. When in the judgment of the superintendent of education and the examiners concerned it may seem advisable, summer schools for two or more counties may be united and held in some con- venient location, but the entire expense of such union school shall not exceed the expense of two schools as provided in this section. May require assistance of Sec. 599. If he is Unable to be present at a teachers' insti- examiner. ,. , 1890, No. 5, § 8; 1888, tutc, he may direct the examiner of teachers of any county to conduct the same. Training in metiiods; may Sec. 600. In every teachers' institute especial attention employ assistants. . . . , ■, ^ • 1888, No. 9, § 7. shall be given to the training of teachers in methods of instruc- tion ; and the superintendent of education may employ persons specially skilled in such work to aid at an institute when advisable so to do. i888?'no" m'*8? r" L- ^^^' ^^^* "^^^ entire expense of a teachers' institute shall 5 *^- not exceed thirty dollars for each day's session, which shall be paid by the superintendent of education, and be allowed in the settlement of his account. Chap. 32] SUPERINTENDENT OF EDUCATION. Sec. 602. He shall, on occasions other than the holding of a(fvis«'*eu'''*'""*^ ''***""'' institutes, visit each county annually, and as many towns in each ^^'^'g^/'y ^^' 5 2; isss, county as practicable, deliver lectures upon educational subjects, confer with and advise school officers and teachers, and investi- gate the condition of schools. Provided no institute or summer school is held in a county during any year, he may hold educational meetings in different towns of such county and employ competent assistance, but the expense per day shall not exceed the present allowance per day for institutes or summer schools and tlie entire expense of such series of meetings in a county for any year shall not exceed the present allowance for institutes or summer schools, which shall be paid by the superintendent of education and be allowed in the settlement of his account. Sec. 603. He shall present to the general assembly, on the J'^^J'p®^- g §10. ^j ^ first day of each biennial session, a report of his official acts for|}*^'2r*^s^°*4^"'ii5^' the preceding two years, and a statement of the condition of I^Ogigjjil^^i^^'No.s, schools and the expenditure of school money, with such sugges- tions for the improvement of schools as he deems proper. Sec. 604. Not more than four thousand copies of his report Printing and distribution of report. shall be printed, and shall be distributed by him as f ollows : isss, No. 9, § n ; r. l. r„ . , ^ , , ^,, §457; 1874, No. 33, §7; Twenty copies to each examiner of teachers; members of thew. s. 22, §8; isss, No. general assembly, town and district clerks, school directors, clerks of school directors, town superintendents, principals of graded, union and high schools, one copy each. The copies for distribu- tion, except to examiners, and members of the general assembly, shall be forwarded to the town clerk, who shall deliver them to the persons entitled thereto. Sec. 605. He shall prepare and procure the printing of ques- Printing and distribotjon of tions for examinations and blanks for teachers' certificates, and S'*No'!Tri"f r8"88. shall transmit the same to the examiners; and the cost of such ^'^^ ^' ^^ *^' ^"' ''^' printing shall be allowed as part of his expenses. He shall also fix the standard which shall be reached in the examination of teachers. Sec. 606. He shall, at the end of every three months, file settlement witii state with the state auditor an itemized account of his expenses veri- isbsf no. 9, § 12. fied by oath, and as soon as the same can be examined, he shall receive an order on the state treasurer for the amount found due him, and for one-fourth of his annual salary. MAY ESTABLISH COURSE OF STUDY IN UNGRADED SCHOOLS. Sec. 607. The superintendent of education may annuallv "•"'"« »'»t™iy- , - . J J 1894^ No. 30, § 1. prepare a course of study for use in the ungraded schools of the state, which course of study shall outline the work required for admission to the high schools and academies of the state. Sec. 608. Said course of study shall be printed by the state '"'» ^ vrmUA and fnrnisiied and furnished to the teachers in the same manner, at the same i894, no. 30, § 2. 10 EXAMINER OF TEACHERS. [Title II. Copies to be sent school officers. 1894, No 30, § 3. time and under the same regulations as those governing the preparation and distribution of school registers. Sec. 609. The superintendent of education shall during the first month of each school year, send to each school officer of the state two copies of said course of study. MAY ISSUE CIRCULARS OF EDUCATIONAL INFORMATION. Printing and distribution of Sec. 609a. The superintendent of education may annually 1902, No. 22, § 1; 1900, issue and distribute among teachers and school officers circulars of educational information at the expense of the state, not to ex- Anditor to draw orden. 1900, No. 16, § 2. ceed four hundred dollars for printing said circulars. Sec. 609b. The state auditor is hereby directed to draw his orders on the state treasurer for such sums and at such times as the superintendent of education may require to carry out the provisions of this act. (section 609a.) Chapter 33. EXAMINER OF TEACHERS, AND TOWN SUPERINTENDENT. Examiner of Teachers. Section 610. Appointment; vacancy. 611. To arrange for institutes ; f urnisli statistics; to meet annually. 612. Compensation. 613. How removed. 614. Report to superintendent of edu- cation. Town Superintendent. 615. Appointment; duties; compen- sation. 616. Removal. 617. Term of office. Section 618. To visit schools, etc. 619. other duties. 620. Report; fees. 621. May dismiss teachers. Superintendent of Two or ISIore Towns. 622. Towns may unite to employ superintendent. 623. Joint committee; duties; com- pensation. 6-24. Disti-icts with special charters may have like privileges. ' 625. How paid. EXAMINER OFTEACHERS. Appointment; vawnfy. Sec. 610. At cach biennial session of the general assembly^ Join), ^O. Oj § »J J loooj No. 9, chap. 2. or as soon thereafter as may be, the superintendent of education and the governor shall appoint one person, resident in each county, to be examiner of teachers. A vacancy in the office of examiner shall be filled by the superintendent of education and governor. To arrange for institutes, ^EC. 611. Said examiner shall, under the direction of the iSo2"X'!2?,Ti;" 1890, superintendent of education, make all necessary arrangements *'°" ^' ^ ^' for holding teachers' institutes in his county as required by law ; take measures to secure the attendance of teachers at the same ; give assistance at the institute ; and furnish such statistical in- formation as may be required. Chap. 33] TOWN SUPERINTENDENT. 11 It shall be the duty of county examiners of teachers to meet with the superintendent of education, at least once in each year, when notified so to do by him, for the purpose of formulating regulations to govern the execution of their duties and of con- sidering other matters connected with the educational interests of the state, which may be called to their attention by the super- intendent of education. They shall be allowed for their services their actual expenses and their per diem as for other services rendered, but not for more than four days in one year, the same to be allowed by the state auditor with their allowance for other services. Sec, 612. He shall receive four dollars per day for time conjunction, actually spent in the discharge of the duties of his office, and his necessary expenses, which shall not exceed two dollars a day, and expenditures for postage and stationery for official use ; and shall, at the end of every six months, file with the state auditor an itemized account of his expenses, verified by oath, and, as soon as the same-can be examined, he shall receive an order on the state treasurer for the amount due him on such account. Sec. 613. When, in the judgment of the superintendent of H«Jj''enw''«^^g ^^ education an examiner is unfit for the duties required of him, or his services become unprofitable, he may be removed by the su- perintendent of education and governor, and a successor ap- pointed. Sec. 614. The examiner shall, in the month of June next Report to superintendent of preceding each session of the general assembly, send to the su- i8, i. ji 1 ._• 1894, No. 162, § 609. tors, a superintendent appointed by them is unfit for the duties required of him, they may remove him from office, and they shall have power to fill any vacancy. Sec. 617. The term of office of a town superintendent shall T«"Yf«ffl^5^. ^ g ^2, begin on the first day of April next after his appointment, and §j'J; f g^f.^i^V^^o.^gy; continue for one year and until a successor is appointed. §gi^; i^23^§'3^''' ^ ^' Sec. 618. He shall visit the schools of the town or towns for J^{^'f^^*J'^j'''§'25; r. l. which he is appointed, at least once each term, and oftener if the|^|^;j^-S3^22^'|.'**j^3^ school board so directs ; note the methods of instruction and gov- f;°s2^'i|2)'N^l3,^3; ernment, inform himself of the progress of the pupils, and give necessary advice to teachers. 12 SUPERINTENDENT OF TWO OR MORE TOWNS. [Title II. Keport; f«es. 1894. No 20; 1886, No 31, §1; R. L. §460. ?l!l!f V*'".;, .o« Sec. 619. He shall, when visiting a school, observe the con- dition of the schoolhouse, outbuildings and grounds, ascertain if the school is properly supplied with maps, reference books and ap- paratus ; also if all the pupils are provided with necessary text- books, and make such recommendations to the school directors as to the conditions and needs of the schools as he deems necessary. Sec. 620. He shall prepare and submit to the town at each annual meeting a report of all his doings, with such suggestions as seem to him expedient or necessary. The report shall be in writing, shall be filed in the town clerk's office, and the town superintendent shall be allowed a fee, not to exceed three dollars, for making such report. Sec. 621. He may dismiss a teacher who, in his judgment, is Ko.3i ; K. L. §§ 497, 498. incompetent or unfit for the position ; such dismissal shall be given in writing, to the teacher, who shall receive pay pro rata to the time of dismissal. Hay dismiss teacliers. 1890, No. 5, § 15; 1886, Towns may nnite to employ superintendent. 1896, No 19, § 2; 1892, No. 21, § 28; 1888, No. 9, §104; R. L. §573; G. S. 22, §§ 66, 68, 72. Joint committees; duties; compensation. 1892, No. 21, § 29. Districts with special charters may have lilie pririleges. 1892, No. 21, §§ 27, 30. How paid. 1892, No. 21, § 31. SUPERINTENDENT OF TWO OR MORE TOWNS. Sec. 622. Two or more towns, having an aggregate of not more than sixty nor less than twenty schools, may, by vote of their directors, unite for the purpose of employing a superinten- dent of schools under the provisions of this chapter. Sec. 623. When a union has been effected, the directors whose duty it is to elect a superintendent of schools, shall con- stitute a joint committee, which shall be the agent of the several towns. Said committee shall meet annually, in the month of March, on the second Tuesday after the annual town meeting, at some convenient place agreed upon, at ten o'clock in the forenoon, and organize by choosing from their number a chairman and secretary. When organized, it shall choose by ballot a superin- tendent of schools ; determine the relative amount of service to be performed by him in each town, fix his salary and apportion the same. Said salary shall not exceed in dollars one-third the total number of weeks of all the schools of the towns forming the union. Sec. 624. A school district incorporated by a special act of the general assembly, may unite with a town or towns for the purpose mentioned in the preceding section, and each depart- ment shall be counted as one school. Said district shall be con- sidered a town for that purpose. Sec. 625. When a superintendent is chosen as provided in the three preceding sections, and the several towns have paid their apportionment, the school directors and committee shall present a bill to the state auditor for a sum equal to twenty per cent, of such apportionment, and the state auditor shall draw an order on the state treasurer in favor of each town or district for said sum. Chap. 34.] normal schools. Chapter 34. 13 NORMAL SCHOOLS. Section 6-26. Continued till 1V(20. 627a. Appointment of board of nor- mal school commissioners. 628a. Organization of the board; treasurer to give bonds. 629a. Compensation of commission- ers. 630a. Duties of commissioners; cour- ses of study, how fixed ; admis- sions and graduations; selec- tion of teachers. 631a. Treasurer of board to receive Section moneys ; board to secure school property and arrange for train- ing schools: general powers; report to the legislature. 632a. Appropriations for support of normal schools. Appropriations for apparatus, etc. Free tuitions, when granted ; admissions in other cases. Graded schools may establish training schools, when. 633a. 634a. 643. Sec. 626. The normal schools at Randolph, Johnson and continned uii m 1898. No 21 J l"oo. No. Castleton are continued until August, A. D., 1920. lo, § i; R. J- § 462. 1878, No. 113,§ 1; 1874, No. 34; 1870, No. 20, § 1; 1866, No. 1, §§ 1, 7. Sees. 627, 628, 629, 630, 631, 632, 633, 634 and 635. Repealed. 5g«'«^*;pfJ*^g-6. BOARD OF NORMAL SCHOOL COMMISSIONERS. Sec. 627a. In the month of November, 1898, the governor Jppointjnent. shall appoint a board of normal school commissioners. Said^o 20 §§ i 2- v. s., ^^ §§ 631, GSi; 1894, No. 32, board shall consist of three persons, appointed one for one year, §§5,6. one for two years, one for three years. And there shall also be appointed biennially by him for the term of two years, one per- son resident in Castleton, one resident in Johnson, and one resi- dent in Randolph, who shall serve without pay, and shall act with the board and the state superintendent of education in matters pertaining solely to the affairs of the normal school in the town of his residence. In November of each year following 1898 the governor shall appoint one member of said board for the period of three years, and he shall fill vacancies in the board whenever they occur. Sec. 628a. Said board shall meet on or before the tenth day organization ; bonds by of January in each year and organize by the election of a chair- i'98,"no. 22, §2; i896, man, a secretary, and treasurer. The board may appoint from °"' ' its own membership such committees as are needed for the proper performance of its duties. The treasurer shall give such bonds and bonds of such amount as the governor and the auditor of ac- counts shall direct and approve. Sec. 629a. The members of the board appointed by the oompensaiion. , ,, -J i. • • u 11 • r 1!)02, No. 24. § 1 ; 1898, governor, except the resident commissioners, shall receive four no. 22, §3; i896, no. dollars a day and their travelling expenses for the time spent in " the performance of their duties under this act, and their secretary shall be furnished with stationery. And said resident commis- sioners shall receive their travelling expenses when away from the towns in which they reside in the performance of their duties under this act. 14 NORMAL SCHOOLS— APPROPRIATIONS. [Title II. Duties : conms of study; s^c. 630a. Said board shall have the care of the normal and employment of teaebers ; israntingtertmcatetotM^L training schools, in conjunction with the state superintendent of No. 20, §5. ' ' education, they shall establish courses of study for the normal schools and revise the same when necessary ; they shall deter- mine the conditions for admission to and for graduation from the normal schools, they shall provide for the issue of certificatss to teach to all persons of good moral character who may pass the examinations required for graduation, and they may revoke the same for good and sufficient reasons shown ; they shall select and employ all teachers for the normal and for the training schools, and shall dismiss them when the interest of the schools demand it. Duties; treasurer to receive gj;^,^ 631a. The board by their treasurer shall receive all moneys ; arrange for use oi v^>-»j.i-«> j tena?/«e'o?'i?raLn"*schMh' ^loneys appropriated from the state treasury for the support of i898*No^i^'T5* *^^ normal and training schools and all moneys accruing to the schools from other sources and shall apply the same in their dis- cretion for the benefit of the schools ; they shall agree with the trustees of the several schools for the use of the school property held in trust by them ; they shall arrange with the school boards of the towns in which the normal schools are located for the maintenance of the training schools ; in general they shall have and exercise such powers as are needed for properly conducting the noi-mal and the training schools ; and they shall report bien- nially to the legislature the condition and progress of the normal ^ schools, and the moneys received and expended for the same. APPROPRIATIONS. Amount; when payable. Sec. 632a. The sum of flvc thousand five hundred dollars is T8^'^N^^>ii^s^'-^^''^PP^*^P^'^^^^ annually to each of the normal and training schools, No^32,§§i,2.4, 11; ' to be cxpcndcd by the normal school commissioners for the sup- No. 27, § 1; k l! ' port of the same. The state auditor is authorized and directed to §§ 472, 473 ; 1876, No. 39, ^ , flA- VT^^~iA^.*';^^4^*'' L^' ^^^^' who has taught forty weeks successfully, and whose examination papers show that the applicant has reached the standard required * by the superintendent of education, passed a satisfactory oral ex- amination, and given evidence of good moral character and ability to govern ; such certificate shall be a license to teach for five years from its date, in any town in the state. Sec. 653. A certificate of the second grade shall be granted f^^*g^*-25,j 4. ^gg^ only to one who has taught successfully twelve weeks, and passed f^ ^' 5 ^; ^^^< No. 9, a satisfactory examination in all branches required by law to be taught in common schools, and whose examination papers show that the applicant has reached the standard required by the superintendent of education, and given evidence of good moral character and ability to govern ; such certificate shall be a license to teach for two years from its date, in any town in the state. A person who has held a first or second grade certificate, or its equivalent certification in other states, and presents evidence of recent and successful experience in teaching, may receive under the approval of the superintendent of education, without exami- nation, a special second grade certificate, which shall be valid in the town specified until the next public examination, or for a term not exceeding one year, when in the judgment of the examiner the exigencies of the case require. Sbc. 654. A certificate of the third grade shall be a license ]^^ x5^*'i9 to teach for a specified time, not exceeding one year, in any town fP:**' 5^' ^^^^' ^°- ^'> in the county, and may, in the discretion of the examiner, be limited to the teaching of a particular school, and shall be granted 18 TEACHERS' CERTIFICATES. [Title II. only to one who has passed a satisfactory examination in all the branches required by law to be taught in the common schools, and given evidence of good moral character and ability to govern. Such certificate shall be valid in another county after endorse- ment by the examiner of teachers in that county. A person who has twice taken a certificate of the third grade, and who has taught at least twenty-four weeks, shall not again be eligible to an examination for a certificate of that grade, for'sarar"'"'''**'*"'' ^'^ ^^^- ^^^- Examiners may give private examinations when No^'sl^refis^fNo^j'^^ ^^^^^ judgment the exigencies of the case require and grant §§ io, 63; R. L. § 487. certificates of third grade which shall be valid until the next pub- lic examination. A fee, not exceeding one dollar, shall be paid by the applicant for such private examination. iS'No?'9*"§*ib2- R Sec. 656. A school maintained by a town or district incor- L, §571; 1876, No. 44. poratcd by a special act of the general assembly, not less than thirty weeks each year, and consisting of three or more depart- ments, taught by four or more teachers, having an established course of study, and having all the departments under control of one principal teacher, shall be a graded school. i^9(?No!'^"'*§5!'i89o ^^^- ^^'^* ^ certificate of the first grade, or a certificate of ^°- ^> § ''- the second grade granted on examination, held by a teacher who is employed continuously in the same school, shall remain in * force during such continuous employment. JSilcatT*"*** *"*'""* *" ^^^' 658. A graduate of a college, approved by the superin- ^o'-u°i f' 18% ^No' tendent, may receive, without examination, a certificate of the first 5, § i; 1888, No. 9, § 57. grade from an examiner of teachers upon presentation of a diploma or certificate of graduation; and such graduate having taught successfully forty weeks may receive, without examination, a second first grade certificate after the expiration of the first. nmm-hfcSM^^^ ^^^- ^^^- ^ graduate of an academy, seminary or high 19110, No. 24; 1894, No. gchool iu a four ycars' course, following an elementary course of nine years, approved in writing by the board of normal school commissioners, and having included at least thirty weeks of daily study and recitation in the principles and methods of education definitely outlined by the state superintendent of education, may receive, after successfully passing an examination on the educa- tional course, herein described, under the direction of thenormal school commissioners, a certificate of the second grade from the examiner for the county in which he intends to teach, upon pre- sentation of both a certificate of graduation and a certificate of the completion of the educational course from the board of normal school commissioners, uniimitod certifleat*. Sec. 660. A persou who has held certificates of the first 1902, No. 25, § 7; 1896, ,„. ju^-.LT,4.i.- 4.U4. No. 19. § 6; 1890, No. grade for ten years, and has during that time taught success- 5,§2; 1SS8,:No.9, §59.=* „ ^ i, j j 1 ^. ^u • *.- f 4-1, 4. fully two hundred weeks, may, after the expiration of the ten years, by the concurrent action of the superintendent of educa- tion and the examiner of teachers of the county where such Chap. 35] TEACHERS' CERTIFICATES. 19 person last taught, be granted, without examination, a certificate to teach in the public schools until the same is revoked. Sec. 661. A teacher holding a certificate, licensing him to •>«•?«•■ «/««rtificate to ° ' ° notify clerk of school board ; teach in any of the public schools in the state, shall notify the P«najty for neglect. *' -^ 'J 1900, No. ao; 1890, No. clerk of the school board of the date, grade and name of the'^§2;is88,No.9, §6o; ' ° R. L. § 493; 18(8, No. grantor of the same before commencing school, and upon request ^i'^- § ^• shall submit the same for his inspection. The contract of a teacher neglecting to comply with the provisions of this act (section) shall be considered void. Sec. 662. The town superintendent of schools mav hold P^nnits, how issued; ^ -^ namber. examinations for issuing, as hereinafter provided, permits to teach l*^-> n^- ^o. § s; 1898, °' r- 7 £- j>jQ 20, § 3; 1894, No. in particular schools for a single term of not more than thirteen 23; i89o, no. 5, § u; ^ ^ 1884, No. 58. weeks and, in case of a successful examination, shall forthwith transmit to the examiner of his county the name, age and resi- dence of the applicant, the percentages attained, and the examin- ation papers of such applicant with the questions used. The examiner shall forthwith issue a permit as directed by the town superintendent in conformity to the provisions herein made, and make record thereof. Not more than six permits may be issued for any town during a school year. Any person having received one permit from any school officer shall not be eligible to another. Skc. 663. Examiners of teachers and town superintendents K*^««a«»n o/g^irtmrates. may, when in their judgment a teacher proves incompetent ori888^No.9/|§^6i,62^;^^^ unfit to teach in the public schools, revoke any certificate or per-No.Jo,^§io;^i865,^No. mit granted by them. The superintendent of education may for no. 1, § 4. like cause, revoke a certificate granted by himself, or by the trustees or committee of a normal or training school. Such revo- cation to be only on a personal examination of the school by the officer revoking the certificate ; and written notice of such revo- cation shall be given to the teacher and to one of the school directors or prudential committee. 20 MAINTENANCE OF SCHOOLS— TOWN SYSTEM. [Title II. Chapter 36. MAINTENANCE OF SCHOOLS -TOWN SYSTEM Section 664. Town system established. 665. Districts excepted. 666. Voters in incorporated districts. 667. Towns to have charge of school property. 668. To provide schoolhouses; direc- tors. Directors. 669. How elected ; term of office. 670. In towns having elected six. 671. Vacancies; how filled. 672. To be sworn; chairman. 673. Duties of directors. 674. To recommend appropriations. 675. Powers respecting schoolhouses and sites. 676. To present an annual report. 677. To perform duties of clerk, when. 678. Compensation. Clerk. 679. Duties; compensation. 680. To prepare list of children of school age. 681. Parents refusing to give infor- mation ; penalty. 682. To procure register, etc. Maintenance of Schools. 683. Number of weeks required ; studies. 684. Commemorative exercises. 685. Directors to determine places and times of holding schools; conveyance of scholars; ap- peal from decision of board. Section 686. Instruction in vocal music. 687. Repealed. 688. Pupils from other towns. 689. Instruction in adjoining towns^ 689a. Appeal in case of disagreement.. 690. Education of advanced pupils. Town High School, and Highek 1n^ struction. 691. 692. 693. 694. 695. 696. 697. Towns may establish or funjish higher instruction elsewhere. Number of weeks school; in- struction ; diplomas. Instruction in towns having in- corporated schools or aca- demies. Directors to provide higher in^ struction for all advanced pupils of the town. Rebate for tuitions paid. High school and academy de- fined. Standard of school and qualiflca-. tions of scholars, how deter- mined. Union of Graded School and Town District. 703. Provisions regulating. Elections. 704. Separate ballots; rights of wo>. men. Town gyst«iii established. IWfi, No. 20, §§ 1, 16; lti84, No. 27; R. L. § 5S9; 1870, No. 10, §§1,4. 59Vt. 381. Districts excepted. 1892, No. 20, § 1; 1888, No. 9, §139; R.L.§604; 1870, No. 10, § 14. 72 Vt.451. Voters in tncorporat«d districts. 1892, No. 21, § 23; 1888, No. 9, § 139. Towns to have charge of school property. 1892, No. 20, §2. 67 Vt. .HI 7. 68 Vt. 88. 74 Vt, 115. Sec. 664. Each town in this state shall constitute one dis- trict for school purposes, and the division of towns into school districts shall no longer exist except for the settlement of their pecuniary affairs, but their records shall be preserved by the^ town. 67 Vt. 108. 69. Vt. 147. 67 Vt. 334. 69. Vt. 664. 72. Vt. 63. Sec. 665. School districts incorporated by special acts of the- general assembly, and school districts in unorganized towns and gores shall not be affected by this chapter, unless they vote to be- come part of the town district. Sec 666. The voters in a district incorporated by a special act of the general assembly, shall not vote in town meetings for the officers of, nor upon any matter pertaining to, the schools of the town district. Sec. 667. A town shall take charge of the schoolhouses and the property belonging thereto, within its limits, and all debts, outstanding that have accrued for the purchase of land, erection of schoolhouses and repairs thereon shall be audited and paid by the town. €hap. 36.] MAINTENANCE OF SCHOOLS— DIRECTORS. 21 Sec. 668. Each town shall provide and maintain suitable J»^™^w«»«hooihonses; schoolhouses ; and the location and the construction of the same Ij^lg^^fi,^.^ m^f No! shall be under the control of the board of school directors. *s; ^- ^- '^^ § ^^' R. S. 18, § 1 ; 1827, No. 23, Sec. 1 ; R. 1797, p. 493, § 1. 32 Vt. 224. DIRECTORS. Sec. 669. Each town shall have a board of school directors How elected; term of offi**. „ , , , 1894, No. 15, §1; 1892. consisting of three citizens of the town one of whom shall be no. 20, § 4; isss, No. ° 9, § 126; R. L. § 594; elected at each annual meeting of the town and whose term of i87o, no. 10, §§ 2, 3. office shall be for three years or until a successor is elected. 59 vt. 202. 59 vt. 658. Sec. 670. Towns that now have six directors shall elect only in towns having elected six. 1894, No. 15, § 2. one director each year who shall serve with the directors hereto- fore elected in said towns and the directors in said towns shall serve until the terms for which they were elected expire. Sec. 671. The selectmen may temporarily fill a vacancy in vacancies, how sued. J r- J J 1(^92, No. 20, § 4; R. L. the board until an election is had and a record thereof shall be §§59*. ft96;i87o. No. lo, §§ 2, 3, 6. made in the town clerk's office. Sec. 672. Directors shall be sworn and on or before the first fo be sworn; chairman. day of April, annually, elect one of their number chairman. no. 9, § 127. R. L. §§ .595, 597; 1876, No. 46; 1870, No. 10, §§ 5, 7. Sec. 673. The board of school directors shall have the care ^litifs ^ ^ire«t«"- ,_„„ 1902) NO* 26) § If 1898* of the school property of the town and the management of its no. 20, § 4; i894, no. r tr J o 16, § 1; 1892, No. 20, §0; schools; shall keep schoolhouses suitably repaired and insured; i«88^,Nc^g9.^J'^9j.R^L. shall determine the number and location of schools ; shall employ ^^l^'^l"*- ^y^-^ teachers and fix their compensation by a majority vote ; shall ex- "^2 vt. 63. amine and allow claims arising therefrom, and draw orders upon the town treasurer for the payment thereof ; shall have authority to designate the schools which shall be attended by the various pupils in the town ; and make regulations not inconsistent with law for carrying the powers granted them into effect. Sec. 674. The board shall, annually, before the fifteenth day To recommend appropri*- of February, in writing, recommend to the selectmen the amount i^^^- no. 20, § 14. of money necessary to be appropriated for the use of schools. Sec. 675. Boards of directors shall have power to purchase ?•*«" resMctine schooi- ^ ^ houses and sites. sites, erect schoolhouses, or sell buildings or sites when author- is*^. no. 21, § i9; ized by a vote of their respective towns so to do. R. L. § 603; 1870, No. 10, § 8. Sec. 676. The board shall, at each annual town meeting, t« preset an annual report. 1892} No. JU, § lOj present to the town a full report of their doings with an exhibit I'^g^.^jg^o' nq *io^§^' of orders drawn by them for school purposes. Sec. 677. In case of the absence or disabilitv of the clerk his To perform duties of clerk, when. duties shall be performed by the board of directors. ^^^^^ no. 9, § 85. R. L. § 516; G. 8. 22, § 36; 1846, No. 6. Sec. 678. The compensation of directors shall be such sum compensation, as towns vote at an annual meeting for the time actually spent in ' • ' • • 22 MAINTENANCE OF SCHOOLS— CLERK. [Title IL feoot 1876^'no' 46'; ^^® performance of their duties, and their account shall be 1870, No. 10, §§ 5, 7. audited and allowed like those of other town officers. CLERK. iS^Tlorfs-'isM, ^^c. 679. The board of directors shall appoint a clerk who §§^127,' nl] R^ l'. §§^'i7; ^^^^^ serve until his successor is appointed and who shall keep No! s^of' i^7o,*No!^io; ^ permanent record and enter therein the proceedings of the No.%7f *§f;' y ' 's^^is! board ; he shall within two weeks after the beginning of each § 10; 1827, No. 23, § 7. term of school send to the county examiner the names of the teachers employed together with the grade and date of the cer- tificate held by each, and he shall be paid for his services by orders drawn by the school directors. Iciffie!"'**^"*'"'"*"*^ ^^c. 680. He shall, annually, on or before the first day of ^o^.''2i°'§r'^S^-' 1892' -^^b^^^^Y' prepare an accurate list containing the name and age 9^*§"m^ ^^' ^^^' ^^'oi each child of school age, residing in the town or district, and the name of the parent or other person having control of such child ; he shall keep the list on file and make such report there- from as the superintendent of education may require. For taking the census he shall receive from the town four cents for each person of school age. Wormation^rpenaity! ^^* ^^^- ^^l. If a parent or other person having control of a No^'g^Aeg.^' ^ ^'' ^^^^' child between the ages of five and twenty- one years refuses to give the clerk information as to the age of such child, or falsely states the same, he shall be fined not more than twenty dollars, and not less than five dollars. i8967No.'"f9!Y'7fi892, ^^^c. 682. The clerk shall, annually, on or before the first §§°6i9,' 622^f ' ilf8,%o.' Tuesday of April, procure from the town clerk a register for each i!^'i874^ No!' 33,' r*! school in his town district and be responsible for the safe keeping ^^^^'^°' ^*' ^ ^' ^^^' thereof ; when a register is completed in accordance with the law, he shall file it in the office of the town clerk on or before the second Tuesday of the following April, pursuant to the provisions ot section seven hundred and twenty seven. G.'S. 22, §§ S3, 109, 110; 1858, No. 1, §§ 7, 8. MAINTENANCE OF SCHOOLS. Number of weeks required; Sec. 683. In cvcry town there sliall be kept for at least l?^*'„i^9^- ^I'oo\?Vt'^^^ twenty-eight weeks in each year, at the expense of said town, by No. 20, § 6; 1888. No. 9, •' ° J ' r- ' ./ !! ^'l,?.^'xt^' ■"o^'^'i^co-a teacher or teachers of competent ability and of good morals, a o2j 1884( No. 28j 1882, ?Pc.\ ?P',Hj. XT- ^-Jf sufficient number of schools for the instruction of all the children 558, 560; 1880, No. 98, § 2l\^"f9-^R's*^i8^5 f"'^^*^ "^^y legally attend all the public schools therein; and all JH' ^9ao%,§ JuS' pupils shall be thoroughly instructed in good behavior, reading, 1797, p. 493, § 1. 32 Vt. ^ '^ o ./ o / o* 224. 56 vt. 651. Writing, spelling, English grammar, geography, arithmetic, free- hand drawing, the history and constitution of the United States, and in elementary physiology and hygiene, with special refer- ence to the effect of alehoholic drinks and narcotics on the human system, and shall receive special instruction in the geography, history, constitution and principles of the government of Vermont. Chap. 36] MAINTENANCE OF SCHOOLS. 23 Sec. 684. The last half-day's session of the public schools J^^^";*^*™.^* «''*'■"'*'• before Memorial day shall be devoted to exercises commemorative of the history of this nation during the. war of the Rebellion and to patriotic instruction in the principles of liberty and the equal rights of man. Sec. 685. Schools shall be located at such places and held at 5K^d*"ut!.rof"hoiding such times as in the judgment of the school directors will best^j{;^i*^' wance,o^^^ ^^ subserve the interests of education, and give all the scholars of ^j^jJJJ ^^^'^^i,' § i ; 1898, the town equal advantages so far as practicable. The school .^^lOg f.- ,yg; ^^^^'9_^°- directors may provide conveyance of scholars from such points as tlo!'^;^!.' l^'§^ S' they may designate to and from school at the expense of the ^'•*"- ^^ "^'- ^^• town, when in their judgment they deem it advisable, or may pay a reasonable sum for the board of such scholars while in atten- dance upon school. In case the school directors refuse to provide board or conveyance for scholars residing more than one and one-half miles from school when requested so to do by the parent or guardian of any such scholar, an appeal may be had to the selectmen of the town on a petition signed by ten or more resi- dent taxpayers of such town. On receipt of such petition the selectmen shall inquire into the necessity of such conveyance and determine whether such scholars are receiving the equality of school advantages herein contemplated. They shall make known their decision to the school directors in writing, whose duty it shall be to provide board or transportation for such scholars when so ordered by the selectmen. Nothing in this act (section) shall be construed as applying to the conveying of scholars attending high schools. Sec. 686. The board of school directors may provide for 'nst™«^«n '" ^JfL'"??!^ lose, JNO. 9, SS "") i""» daily instruction in vocal music by the regular teacher ; and a io9, no, iso. town district may, at a regular meeting, instruct its directors to provide for such instruction by a teacher employed for that purpose. Sec. 687. Repealed. i9orNo!^?§8. Sec. 688. The board of school directors may receive into the Pnpnstfrom other towns^^^ schools under their charge, pupils residing in other towns, in theNo.'9,§i3i;'R. t. ' c> ^ r r o § 59g. 1370, No. 10, § 9. same manner and under such terms and restriction as they deem '2 vt. 126. best, and moneys received for the instruction of non-resident pupils shall be paid into the school fund of the town. Sec. 689. Repealed. SNo^lsfw. Sec. 689a. A child residing in the vicinity of a school in an instruction in adjoining adjoining town, who can evidently be better accommodated in isas/xo. 25, §i;i892. No 20 § 9 * 1888 No 9 such school, may demand the privileges of said school; and the § 132; 'r.l. §566,^1876,' No. 47, § 2. tuition charged shall be a sum not greater than the cost per pupil for the maintenance of said school, which tuition shall be paid from the school moneys of the town in which said pupil is resident. And it is further provided that such tuition shall not exceed one dollar per week for such pupil. 24 HIGH SCHOOLS AND HIGHER INSTRUCTION. [Title II. Api>«iincas«ofdisagre«- guc. 689b. In case of a disagreement concerning the particu- j^'as^Ts^^' ^ ^' ^^^' ^^^ school any child shall attend, arising under the provisions of this act, (Sec. 689a,) or in case of a failure of the school directors to agree as to the taition provided for herein (therein), either board of such school directors, or any person interested, may appeal in writing to the examiner of teachers in and for the county in which such child is a resident, whose decision in the premises shall be final. Nothing in this act (sections 689a. and 689b.) shall be construed to apply to pupils who have advanced beyond the branches enumerated in section 683 of the Vermont Statutes. Education of advancod Sec. 690. Towns may, by vote, authorize the directors to pnpils. Ji J 1 1892, No. 21, §24; R. L. providc for the education of advanced pupils of school age in any graded or incorporated school or academy within the limits of the town. (NoTE.-While this section remains unrepealed, it is rendered practically in- operative by the provisions of Sec. 694a.) TOWN HIGH SCHOOLS AND HIGHER INSTRUCTION. Mods repealed. Secs. 691, 692, 693, 694, 695, 696, 697, 698, 699 and 700. 1900, No. 25, § 2. > 1 > J > J 5 > Repealed. Towns may 'esuwish hiRh Sec. 691a. Any town maj^ establish and maintain a high schools or fnrnish higher ./ ./ <=> instruction elsewhere. school or high schools. Every towu Containing twcnty-tlve hun- 1902, No, 27, §§ 1, 2; ■ o J & J 1900. No 25, §1; v. s. dred inhabitants according to the latest public census taken by §§691. TOO; 1894, No. 28, ^ f J §1; 1894, No. 29, § 1; the authority of the United States, shall maintain a high school, 1888, No 9, Chap. 6; •' ' & » R. L. §§4572, 597, or fumish higher instruction for advanced pupils as hereinafter provided. Humber of weeks school; ^^^' 692a. Such high school shall be kept for the benefit of i°8M"No°29!'§Trv. s.all the inhabitants of the town not less than thirty-three weeks ^™^- in each year, exclusive of vacations, and at such convenient place as the legal voters may determine, and the instruction given in said schools shall be such as will properly fit a student therein for entrance into either of the colleges of this state. Such high schools may establish courses of study and grant diplomas to graduates therefrom. Instruction in towns having Sec. 693a. A towu having an incorporated graded school or incorporated schools or o j. o academies. I academy which provides the instruction herein required need not 1894, No. 29, § 3 ; V. 8. *' ^ ^ § 702. make the provision named in the preceding section but shall se- cure the instruction in said high school or academy of all scholars resident in the town district whose proficiency will permit there- of, if they desire such instruction and shall pay a reasonable sum to said incorporated school or academy as tuition therefor, and it is hereby required that such incorporated school or academy receive such pupils from the town district and give to them every advan- Chap. 36.] HIGHER INSTRUCTION— STATE AID. 25 tage in instruction received by pupils resident in said incorpor- ated district or attending such academy. Sec. 694a. The board of school directors shall provide for||Jjwtoreto^TOndege^^ the instruction of advanced pupils in higher branches of study inf552*No''2T'*§"3- 1900 the high school or schools of the town. When no high school isfg^'^^jj^^jg^j i'.^^' maintained by a town, the board of school directors shall provide I^Oggl^'gySg^-.^gg^ such instruction for such pupils in the high school of an incor- 4!/?* 1*^9^ no^9^^§' 1^°' porated school district or in an academy of the town, if any such secondary school exists within the town. When no high school or academy exists within the town, the board of school directors shall provide such instruction for such pupils in the high schools or academies of other towns within or without the state. Sec. 695a- The clerk of a town whose pupils are provided certain towns to have a .,,.,.. . . , , rebiite from state treasury With higher instruction in another town, as herein provided on account of tuitions paid, (section 694 a.), shall on or before the first day of Jun0 of each year furnish to the superintendent of education, on a blank to be supplied by hira for such purpose, a certified statement of the names, ages and attendance of such pupils, and of the school attended and amount of tuition paid in the case of each and such pupil, for the school year ending March thirty-first preced- ing. The superintendent of education shall forthwith transmit to the state treasurer such statements. The state treasurer shall on or before the tenth day of July following annually pay to the treasurer of towns which have paid tuitions for higher instruc- tion in the high schools or academies of other town or towns according to the provisions of this act (section 694 a.), sums as follows : first, to towns having raised forty per cent, or more of its grand list for school purposes for the preceding school year, excluding state tax, a sum equal to one-fourth of the sum ex- pended for tuitions; second, to towns having raised* fifty per cent- or more, a sum equal to one-half of the sum expended for tuitions ; third, to towns having raised sixty per cent, or more, a sum equal to three-fourths of the sum , expended for tuitions ; to towns hav- ing raised seventy per cent or more, a sum equal to the entire sum expended for tuitions. Sec. 696a. A school maintained by a town, city or incor- High school and academy "^ "^ denned. porated school district for thirty-three or more weeks in each 1902, no. 27, § s. school year, taught by a teacher or teachers of competent ability, good morals and legal certification, having an established course or courses of study for four years, or a part thereof, said course or courses following a nine years' elementary course or its equiva- lent, and providing instruction in all or a part of the subjects usually taught in secondary schools of good standing, such as the English language and literature, higher mathematics, history, the natural, political, social, moral and industrial sciences, ancient 26 UNION OF GRADED AND TOWN SCHOOLS. [Title II. standard of school or of qnaliflcati'iiis of pupils to be determined by superin- tendent of edncation. 1902, No. 27, §§ 6, 7. and modern languages, art, music and physical culture, shall be a high school. Any institution incorporated by special act of the General Assembly and providing instruction equivalent to that of high schools shall be considered academies (an academy) for the purpose of this act. Sec. 697a. In case of a disagreement arising under this act as to the standing of any school or as to the fitness or qualifica- tions of a pupil for receiving higher instruction as herein provided, such questions may be referred to the superintendent of educa- tion, and on request he shall establish and define the proper standard for such schools and determine the necessary qualifica- tions of pupils and means for ascertaining such qualifications for the purposes of this act. But no person under twenty-one years of age shall be deprived of the advantages of this act on account of age. This act (1902, No. 27) shall not apply to the collegiate education of any student. Provisions regulating. 1894, No. 31. UNION OF GRADED SCHOOL AND TOWN DISTRICT. Sec. 703. No union of an incorporated graded school district with a town district can be had except by act of the general assembly or the concurrent action of the two districts, at a meet- ing of each duly warned and held. Where such union is effected, if such incorporated graded school district had previously main- tained a high school it shall be incumbent on the town district with which said incorporated graded school district unites, there- after to keep and maintain within the limits of said incorporated graded school district a high school of equal grade and character to that which had been previously maintained by said incorporated graded school district. The graded system in the departments below the high school shall also be maintained and in an efficient manner. Said high school shall be open to all scholars in the town district of suitable age and qualifications. Any high school existing under the provisions of this statute may be discontinued or the location changed by the county court on petition of the board of school directors of the town district in which it is located, after hearing, on sufficient notice, if it shall be made to appear that the interests of education in such town district re- quire such discontinuance or change. A town district thus com- posed failing to comply with the provisions of this section, or any of them, may be compelled to comply with all and every the provisions of this section by mandate issuing from the court of chancery. ELECTIONS. Separate ballots ; rights of women. Sec. 704. In town districts having more than four thousand No?9f§°9l['B. L^^bUl inhabitants the school directors shall be voted for upon a separate Chap. 37.] SCHOOL YEAR. 27 Women shall have the if o-.^gO-glo^. 5ovt.6i. ballot deposited in a separate ballot box. same right as men to vote on all matters pertaining to schools and school officers in towns, cities and graded school districts, and the same right to hold offices relating to school affairs. Chapter 37. SCHOOL YEAR. Section 705. School year; day, week, month. 706. Number of weeks required. Section 707. Time spent by teacher at insti- tutes, etc. 708. Legal holidays. Sec. 705. The school year shall commence the first day of JjJj«J y«"-. ^h week. April and end on the last day of March following. In the|8|.No.2i,|^2^^^^^_ absence of express contract, a session of three hours in the fore- R-. ^ l.'^^l'jlg^' *^°- noon and three in the afternoon shall constitute a school day, i^*'?. ^o. 24; § i.' five days a school week, and four weeks a school month. Sec. 706. Each district shall maintain a school at least lumber of weeks required. 1894, No. 21, §1; 1894, twenty-eight weeks in the school year. no.is, §i; 1892, No. 20, § 6; 1890, No. 5, § 2; 1888, No. 9, §§ 112, 164; 1882, No. 21, § 1 ; R. L. § 560; 1880, No. 98, § 1. Sec. 707. The time, not exceeding four days, actually Time spent by teacher at , ,.,.,, institutes, etc. spent by a teacher in attendance upon a teachers' institute ori892, no. 21, §3: isss, t^ J '^ , , . No. 9, § 166; 1882, No. state teachers' association, during the time such teacher 1S22, §1. engaged, shall, in determining the compensation of the teacher, and the number of weeks of school, be accounted the same as if spent in teaching. Sec. 708. A teacher in the public schools shall not be legai iioiidays. required to teach on a legal holiday, and no deduction shallNo.9, §*i67;'i886,' be made from his time or compensation because of his absence on such days in determining the number of weeks of school taught by said teacher. 28 SCHOOL AGE— ATTENDANCE. [Title II. Chapter 38, SCHOOL AGE. -ATTENDANCE. Section 709. "Legal pupils"; kindergarten schools. Tkuant Ofticeks. 710. Appointment; vacancies. Attendance. 711. Children shall attend. 712. Employment in mill or factory. 713. Illiterate children not to be em- ployed, when. 7U. Penalty; duty of truant officer. 715. Power and duty of town super- intendent. 716. Proceedings against parents and guardians. Section 717. Child may be sent to industrial school; overseer to clothe, when. Proceedings against children violating this law. Truant officer to control non- resident pupils. Prosecution of parent, guard it^n or master. Complaint. Neglect or refusal to comply with Jaw; penalty; jurisdiction. Compenaation of tmant officers. 718. 718a. 719. 720. 721. 722. "Legal pnpil ten schools kindergar- Sec. 709. The term " legal pupils " shall include all persons ^'u°& T' 189^ ^No t>etween the ages of five and eighteen years, but persons past 1888 ^i^o^^' f 150 -^issV^^^^^®®^ years of age shall not be deprived of public school mo^No^ii^sl^^^' advantages on account of age. No child under five years of age shall be received as a pupil into any of the public schools of the state; and children attaining the age of five years after the beginning of the fall term of a school year shall not be received into the public schools until the beginning of the fall term of the following year unless said children have the written permission of the superintendent of schools. School directors or school boards may establish and maintain one or more kindergartens into which children under five years of age may be received ; and such kindergarten schools, conforming to the laws governing public schools, shall be considered as public schools. ippointment ; vacancies. 1892, No. 22, §2; R. L TRUANT OFFICERS. Sec. 710, Selectmen of a town and the mayor of a city §670; 1870, No. 13, §1. shall annually appoint two truant oflScers therefor. On failure to appoint such truant officers, constables, sheriffs, deputy sheriffs and policemen, shall act as truant officers. ATTENDANCE. 1896' No *i9**§8^' 1894 ^^^ '^ ^ ^- ^ persou havlug the control of a child between the ^2°§'lf'i88^^No''^°' '^S6S of eight and fifteen years, shall cause such child to attend a No%'5H"u V^*^' ^^^' P^^li^ school at least twenty-eight weeks in a year, and such at- ravt'ile' tendance shall be continuous, beginning with the school year, unless the child is mentally or physically unable to attend, has already acquired the branches required by law to be taught in the public schools, or is otherwise being furnished with the same education, KT*°* '""""'"' Sec. 712. No child under fifteen years of age shall be em- n^'2mI!'iI^^no^'9, ployed in a mill or factory unless such child has attended public \ Chap. 38.] ATTENDANCE. -*=*^-;=i==i*- 29 school twenty-six weeks during the current year, and deposited H^^i^-^-|6"3; isw, with the owner or overseer of such mill or factory a certificate of such attendance at school, signed by the teacher thereof. Sec. 713. A child under fourteen who cannot read and write "W**"^*? «'''W™' "«* to be ' employed, when. shall not be employed during the sessions of the school such child ^^^^'^?\l^' ^ ^' ^^^' should attend. Sec. 714. Any person violating the provisions of the three f™*"*' ^ntJ 'f t™*"* preceding sections shall be fined not more than twenty -five dol-ij^y-'g^o22^§^; i£*8' lars and not less than five dollars to the use of the town in^rwhich § "'3. the child resides. Truant officers shall make complaint for vio- lations of this chapter to a justice or judge of a municipal court. Sec. 715. The town superintendent may inquire of the owner lf„*rintentfen*/ *^ ^**" or overseer of a mill or factory as to the employment of children ^^^''J^?\^' ^ ^'^'^^' therein, may call for the production of the certificate deposited with such owner or overseer, and satisfy himself that the require- ments of law have been complied with. Sec. 71^. A teacher shall promptly give notice to a truant fjjjM^^'^n^^JJia'nst parents officer of violations of this chapter by any pupil enrolled in hisJ^^^'^'^^'Og^^^Jg^i^J^^^^, school, and said truant officer shall forthwith inquire into the cause IfJ^^'g^j 2*" ^ ^^^ ' ^^"^' of the pupil's non-attendance, and if he has reason to believe that such pupil's parent, guardian, or master has violated the provi- sions of this chapter, he shall forthwith enter complaint to a town grand juror of the town in which such person having control of the child resides, or the state's attorney of the county in which such town is situated, who shall prosecute such person. Any person violating the provisions of this chapter (section) shall be fined not more than twenty dollars, and not less than five dollars, which shall be paid into the treasury of the town. A justice of the peace or judge of a municipal court shall have concurrent juris- diction with the county court for offences under this section. The truant officer may stop any truant under the age of fifteen years, wherever found, and take him to school in the town where he re- sides. Sec. 717. If it appears on trial that the child is not properly Children may im* sent to ,., ,» ,. ■,• 11 j.i.i- j_ • iij Vermont Industrial school ; clothed for attendmg school, and that his parent is unable to so overseer to clothe, when, clothe him, the overseer of the poor shall furnish suitable clothes no.'2-2, §9. ' for the child ; and such inability of a parent shall be a defence to a prosecution under this chapter. If it appears that the parent or guardian is unable to control the child and keep him in school, the justice, or court, with the consent of a majority of the select- men, may sentence such child to the Vermont industrial school. Sec. 718. A truant officer, school director, or any officer Pro«e«iinps against ,,.., , 1 • 11 1 , , . children violating this law. authorized to make arrests in the town may, and upon the i89s, No. -id, | 1 ; 1894, T .. J. ^, ^ . ,, . , ,, No. 26. § 4; 1894. No. written application of three voters in the town, shall, arrest a297; 1892, no. 22, §io; .... , J xu • • * 4.U- u i. • • J X 1888, No. 9, §159; I88G, child who, under the provisions of this chapter is required toNo.25;R. l.§670; attend school, and during the term of the public school in the ' °" ' 30 ATTENDANCE. fTlTLE II. Truant officer to control non-resident pupils. 1898, No. 25, § 2. Prosecution guardian or 1892, No. 1888, No. K. L. § 67 13, § 2. of parent, master. 22, §11; 9, § 160; 1; 1870, No. town in which he resides is habitually found in the streets or other public places, having no lawful occupation, or is an habitual truant, and shall take him to the school in said town and place him in charge of the teacher thereof, and give notice in writing to the parent, guardian or master, requiring him to cause such child to attend school regularly. But a child between eight and fifteen years of age who is an habitual truant, or who is guilty of wilful and continued disobedience to school rules and regulations or laws, or whose conduct is pernicious and injurious to a school, may ^e sentenced to the V^ermont industrial school for a period of not less than twenty-six weeks. Justices of the peace and judges of municipal courts shall have concurrent jurisdiction with the county court of offences under this section. Sec. 718a. A truant officer, or any officer authorized to make arrests, in a town, to a school of which a non-resident child has been appointed to attend, or in which he is enrolled, according to preceding section (689a.) shall have the same authority and jur- isdiction as in case of resident pupils. Sec. 719. If the parent, guardian or master, having no good reason for failure so to do, and after receipt of such notice, does not cause the child to attend school regularly for the remainder of the term for which the arrest was made, the officer making the arrest shall make complaint to a justice or judge of a municipal court, and such justice or court shall issue a warrant for the arrest of such parent, guardian or master, and such child; and upon proof that the child was liable to arrest, as provided in the preceding section, and that the parent, guardian or master has received and not complied with the notice and requirement therein specified, the justice or court shall fine such parent, guardian or master not more than twenty- five dollars, and not less than five dollars, to the use of the town. Complaint. 1892, No. 22, §12; Sec. 720. The complaint shall be sufficient if it states that ^88, No. 9, §161; R. said parent, master or guardian neglects to send his child, . . -_ » apprentice or ward (naming him) to school as required by law. i3, 4. 69Vt. 85. M^lect or refusal to comply with law ; penalty ; jurisdiction. 1896, No. 19, § 9; 1892, No. 22, § 13; 1888, No. 9. § 162; 1886, No. 25. Cnmpensation of truant officers. 1892, No. 22, § 15. Sec. 721. A truant or other officer authorized to make arrests in the town, or an overseer of the poor, who refuses or neglects to carry out the provisions of this chapter shall be fined not more than one hundred dollars. A justice or municipal court shall have concurrent jurisdiction with the county court in such prosecutions. Sec. 722. All persons acting as truant officers shall receive compensation from the district for which the service is rendered, at the rate of two dollars per day for time actually spent, unless otherwise provided. Chap. 39] REGISTERS AND RETURNS. 31 Chapter 39. REGISTERS AND RETURNS. Section 7-2S. State superintendent to pre- scribe forms. To transmit to town clerks. Duties of teachers concerning registers. Return of registers; compensa- tion of teacliers. Duties of clerk and chairman of board of directors. 724. 725. 726. Section. 728. Selectmen to call special town meetings. Duties of officers and teachers in incorporated districts. Town clerks to make returns. Returns for academies and gram- mar schools. Compensation of town clerks. 729. 730. 731. 732. Sec. 723. The superintendent of education shall prescribe state superintendent to ^ ^ prescnlw forms. blank forms for a school register for keeping a record of the daily i8^'jjNo^|^.y;^«88, attendance of pupils, and containing printed interrogatories for|li,6y^'|3^^^^\'g'„|^' procuring the statistical information required to be given l^y fPdg'.^il^'^'jjo^i'^sV teachers, town and school officers, and for procuring such further information as he thinks desirable. Sec. 724. He shall, annually, in the month of February, I|J^75?^:*2l*|"^!'i*^f- transmit to town clerks a sufficient number of such registers to f6i7%874f jjo.' 33,' §4; supply the schools in their respective towns who shall receipt ^^'"'^' ^"' ^^' ^^' therefor. G. S. 22, § 109; 18.i8, No. 1, § 7. Sec 725. A teacher before commencing school shall procure P^J'** ?f t^ehen concem- a register from the clerk of the board of directors, keep therein, J^^2,1jo. 21^, §^n^ isss, in the prescribed form, a record of the daily attendance of each ^t.^ jjcf in \^i"'i865 pupil, enter therein correct answers to the interrogatories address- ^%f^^ iio^'isss' no T ed to teachers, and return such register to said clerk, at the end § s- ' of each term, the final return to be on or before the first day of April. 50Vt. 30. 63Vt. 647. Sec. 726. The clerk shall examine the register and if it is R«tnrnof registers: compen- ° sation of teachers. filled out and properly certified to by the teacher, he shall give a x^g^fsfgi \l^l r^l' certificate to that effect ; and the teacher shall not be entitled toi?'^i/^'^6"'^o-i'^;i^6^' No. 30 ; compensation except on presentation of the certificate. G. S. 22, § 110; 1858, No. 1, § 8. 50 Vt. 30. Sec 727. The clerk, upon the final return to him of the re-"*"*'*"*^ cierk and chair- ^ ^ v^ * ^^ jjjjj^ ^f |,jg^^ ^f directors. gister, shall enter therein correct answers to the interrogatories ^^^o^'A'^igg.' I^^l ^'^' to be answered by him, and the chairman of the board of directors f J^;^'J^"^.'o^rv ^l''\\ ^'' shall enter therein the name of the teacher of the school during §^i*^'i^^'^°-i' §'^' the year for which such register was kept, and the date and char- acter of such teacher's certificate, and certify to the correctness of such entry, and the clerk shall file each register so completed in the office of the town clerk on or before the second Tuesday of April. Sec 728. The selectmen shall call all special town meetings selectmen to can special for the consideration of school matters, in the same manner as is is*". ^- «o § •; i^a*. provided for the calling of other special town meetings. 32 SCHOOL TAXES AND SCHOOL MONEYS. [Title 11. Botiesotofficm and tethers ^^c. 729. The duties to be performed by chairmen, clerks 1892, No. 21, § 14. of boards of directors, and teachers as provided in this chapter, shall apply to prudential committees, clerks and teachers in school districts, incorporated by special act of the general as- sembly. 18^" No^liT'iV^S ^^^' '730- The town clerk shall, annually, in the month of i874^No^^^"5'"'Gf^s''^P^'^^' *^^" ^* ^^^^ time as the superintendent of education directs, l\^ im i^%^§4-^' ™al^6 out and return to him, such statistics as he requires upon blanks furnished by the superintendent of education, who shall receipt therefor. 1849, No. 14, § 6; 1847, No. 24, § 6; 1845, No. 37, § 5; 1843, No. 16, § 2; 1833, No. 19, § 1; 1827, No. 23, § 5. J^mmarSiooif *'"'*' *"* ^^^- "^^l. Trustccs of incorporated academies and grammar No^' 9,^1 W; R.' L^' schools shall causc their principals to return to the superinten- G^f .yf § nfAsll No! ^^'^^ ^^ education on or before the first day of April, annually, ^' § ^3- answers to the statistical inquiries addressed to them by said super- intendent. is^rNo!""? tn;*i888' ^^^- '^32. For services rendered as required by this chapter. No. 9, § 199. ^jjg town clerk shall receive from the town treasury three cents for each legal pupil in the town, but such compensation shall not be more than twenty dollars, and not less than three dollars. Chapter 40. SCHOOL TAXES AND SCHOOL MONEYS. Section School Taxes. Grand list of town district, how made up. Selectmen to assess tax. Duties of town treasurer. United States Deposit Money. 73«5. Treasurer to receive. A p portion m ent. Town's sliare to be paid to its trustees. Trustees to give bonds. Trustees' duty. To loan moneys. State treasurer, when to retain shares. Town treasurer to give credit. Appropriation of income. Town liable to return money. Penalty for neglect. Grand jury to present. Duty of state treasurer. Huntington Fund. Fund, how managed. 7.50. Apportionment of interest. 751. Division among schools. 752. Town treasurers to report. 763. Auditing account. 733. 734. 735. 737. 739. 740. 741. 742. 743 744. 745. 746. 747. 748. 749. Section Town School Fund. 754. Selectmen to manage and account for. 755. Duties of selectmen. 766. Tax -payer may take acknow- ledgment of deed. 767. Securities to be kept by treas- urer. State School Tax. 7-58. Tax for school purposes. 759. Treasurer to apportion; notice to towns; time of payment. 760. Duty of officers to collect and pay tax. 761. Number of legal schools, notice of ; penalty for neglect. 761a. Portion of state school tax reserved . 761b. Division of sum reserved. 762. Division of remainder. 763. "Legal school" defined. 764. List, on which assessed. Miscellaneous. 765. Action of grand jury. 766. Duty of town superintendents. Chap. 40.] UNITED STATES DEPOSIT MONEY. 38 SCHOOL TAXES. Sbc. 733. The grand list of the town district shall be made?™"^ 'i/t '^ to*" district , how made up. up of the ratable polls, and real and personal estate therein. i««2, no. 21,§ ip; 188S, No. 9, § 200; R. L. § 630, Sec. 734. The selectmen shall, annually, appropriate for selectmen t« assess tai. u 1 i. J- u i£ 1 XI- 1892, No. 20, § 14; school purposes a sum not exceeding one-half, nor less than one- isss, No. 9, §§ ise, 137; fifth, of the grand list of the town district, and shall assess a tax 10', § 8. 57 vi. 31.' to meet such appropriation. Any town district may by special vote raise a larger sum for school purposes. Sec. 735. The town treasurer shall keep a separate account ontiessf town trewnrcr. ^ ^ 1892, No. 21, § 15; of the moneys, appropriated or given for the use of schools, 3.ndi*'^.^o.9,§i37; r.l. shall pay out of such moneys, orders drawn by the board of ' ' school directors for school purposes. UNITED STATES DEPOSIT MONEY. Sec. 736. The state treasurer shall receive moneys belonging Treasurer to receive. to the United States to be deposited with this state and give a §639: 6.8.22, §91;* certificate of deposit for the same according to law. 15, §1. ' ' ' °* Sec. 737. Such moneys shall be apportioned to the several Apportionment, towns, unorganized towns and gores, in proportion to the number r. l.'§ eio- g. s.'22, * 8 R Q"? Q^ 04. * T? ^ 1 ft of inhabitants in each. When a census is taken under the laws§§ i3,'44.'46;'i836, No! of congress or of this state, a new apportionment shall be made. ' If upon such new apportionment it appears that a town has more than its share, the state treasurer shall demand and recover from SUCH town such excess ; and if a town has less than its share, he shall make up the deficiency. Sec. 738. The state treasurer shall pay over to the trustees Town's share to be paid to of public money in each town which has elected trustees, itsisss.No.'g, §212; r. l. share of the deposit money, provided the trustees have executeds. i8,'§49;'i836, No'.isi the bond required by law. Sec. 739. The trustees, before entering upon the duties of Trustees to gire bonds, their office, shall execute a bond to the town, with at least three §643; G.s.22, §§'97,*98; sufficient sureties in such sum as the selectmen direct, condi-i8,§'48;^i836',No.i5, §2! tioned for the faithful performance of their duties in loaning, managing, accounting for and paying over, as may be required by law, the moneys placed in their charge under the provisions of this chapter. If a trustee fails to execute such bond his office shall be vacant and such vacancy may be filled as in other town offices. Sec. 740. The trustees shall receive the town's share of the Trustees' duty, deposit money, and give the state treasurer a receipt therefor, r. l. §642- g. s! 22, • -1 ^. 4.-U 4. ■ V u- 4- 4.V. 4- * j-u X §§ 95, 99; 1842, No. 13, Similar to that given by mm to the secretary of the treasury § i; r.s. is, §49; of the United States ; and said trustees shall manage such money i836| no! 15', § 3.' and report the conditions of the same at each annual town meeting. 34 UNITED STATES DEPOSIT MONEY [Title II. i89o*"no"%*' 2- 1888 ^^^* '^^^' "^^^ ti'ustees of public money may loan the same ^"•o^'X^l^CS-^J^.lt'to the town, if the town authorizes the selectmen to borrow it. (j. S. 22, §§ 101, 102, 103, 1"^; 1842, No. 25; R. s. If the monev is not loaned to the town, the trustees shall loan J8, §§ 51, 52, 54; 1836, *' ^%1^'lof- the same with sufficient personal security, or on mortgage, as they deem safe, made payable to the respective towns at an in- terest of six per cent, annually. Such loans shall be made for a term not exceeding one year; and the moneys may be col- lected at the expiration of the term and loaned to other per- sons, or the loan may be extended to the same persons for an additional period. The trustees shall annually, previous to the first day of March, pay to the town treasurer the income received from such moneys. Stat* treasurer, when to gj;^,. 742. The statc treasurer shall retain the share appor- 1900, No. 29, §1; 1888, tioucd to toAvus wliich liavc not elected trustees, and the shares G^l'22^*f§ ^°%^'i845' ^^ unorganized towns and gores, and shall, annually, previous to s °i8^f 'i'r^isa^^o Tb' ^^® ^^^^ ^^y ^* March, pay to the treasurer of each organized §8. ' town not electing trustees, and to the treasurers of school dis- tricts in unorganized towns and gores which have maintained schools for the required length of time during the previous year, the interest at three per cent, upon the shares apportioned to such towns and gores. And he shall divide the interest money of each unorganized tow^n or gore among the school districts therein in the manner provided for the distribution of town school moneys among the several districts in towns. Town treasurer to give Sec. 743. The towu treasurer shall give credit in his ac- 1888.'no. 9, §2i7;R.L. count of the school, fund for all sums received by him as income §646; G. S. 22, § 105; *^ R. s. 18, § 54. from deposit money. Appropriation of income. Sec. 744. The iucomc from dcposit money shall be annually §647'; G^'s^M.if iM, " appropriated to the support of schools, unless the town has other 1836, No.'i5%| 5,^6! ^^' school fuuds, the income of which is sufficient to support all its schools for six months in each year, in which case it may appro- priate the income from deposit money for any purpose. Town liable to return money. Sec. 745. If a towu has rcccivcd its portiou of deposit money L^i',^- h^P'Al^l it shall be accountable for the same, when required by the state K. o. 18, s 50; 1836, No. 15. § 2- treasurer on requisition of the United States, or for the purpose of a new apportionment, as towns are accountable for state taxes. iff''No."9?§ik); R. Sec. 746. If a town fails to comply with the provisions of k! 1.^8,' net 1^! No! this chapter, relative to the management or disposition of the ^^' ^ '^' United States moneys, received by such town, it shall forfeit to the county treasurer, for the use of such county, a sum not ex- ceeding double the amount of the interest on such moneys. 1888*0 9* ri'li-R ^^^- '747. The grand jury shall inquire how the towns have rI^i8'§^5^i^^'6^no '^^'^^^^^^ ^^^ disposed of the moneys so deposited with them, 15. § 7. and the annual interest thereof ; and if a town has not complied with the provisions of this chapter, relative to such deposit money, they shall present to the court their indictment therefor Chap. 40] HUNTINGTON FUND. 35 against the town ; and the clerk shall give twenty days' notice thereof to such town, which shall be served as a writ of summons. Sec. 748. The state treasurer, in the collection of the United »^ty •f^s^^t^e^-^ States deposit money loaned by former treasurers, shall adjust ^2^ ^^^^^''^'^o- 3^' and settle the same as is for the interest of the state. HUNTINGTON FUND. Sec. 749. The state treasurer may, from time to time, in his f^'^^- ^"^ ^l^^fl discretion, convert into cash the securities of the Huntington fund, and the proceeds of the securities may be used for the general purposes of the state. Sec. 750. Said treasurer shall annually apportion the inter- iS^^'^no^so fa "**"'* est at six per cent, on the amount, converted to the use of the state, and the income arising from any portion of the fund not so converted, to the several towns and unorganized towns and , gores in the state, in proportion to the number of inhabitants in each, based upon the last census taken under the laws of con- gress, and the same shall be distributed to towns, unorganized towns and gores, in the same manner that the interest of the United States deposit money is now distributed to towns which do not elect trustees of public money. Sec 751. The money thus received by the towns shall be Division among schools. ,..,, , ,,. , 1896, No. 19, § 10; 1884, divided as other public moneys are divided by law ; but no school ko. 230, § 3. district which has not maintained twenty -eight weeks of school during the preceding year, shall be entitled to receive a share of said fund. Sbc. 752. Town treasurers shall report at each annual meet- Town treasurers to report. J « . , f , 1SS4. No. 230, § 4. mg the amount of moneys received for school purposes, the source from which received, and how the same has been divided and paid. Sec 753. The state auditor and inspector of finance shall An*iting account. -., , , , ^ 1884, No. 230, § 5. annually audit the accounts of the state treasurer in connection with the Huntington fund, and examine the securities on hand, and certify to the correctness of his transactions and the condi- tion of the fund, which certificate shall be included in the report of the state treasurer. TOWN SCHOOL FUND. Sec. 754. The selectmen of a town shall have charge of the selectmen to manage and real and personal estate appropriated to the use of schools there- i888',"no!^"9,§ 223; k.l. in, unless otherwise provided by law, or unless the person giving G^8'.'2\?§'78rR.^ s.Vs! any part thereof directs the same to be managed in some other 38^\^t.^i93! ^°' ^' ^ ^' way, and annually render an account to the town ; and the select- men shall lease such lands and loan such moneys on annual or semi-annual interest, upon suflQcient real or personal estate secur- ity, in the state. 36 STATE SCHOOL TAX. [Title IK Dntiesaf selectmen. Q^c. 755. The securities for the payment of the moneys so. i^^' iP^v^°-i^*^c; M' loaned and the interest thereon, shall be taken in the name of the (jr. S, zi, $ to', XV. o. lo, § 27. town, and the selectmen may, in the name of the town, prosecute » and defend actions for the recovery or protection of the estate sa intrusted to their care ; if the title or possession of real estate mortgaged or deeded as security is recovered in such action, the selectmen may, in the name of the town, lease or sell and convey such real estate, and invest the moneys received therefrom aa provided in the preceding section. Taipayer may take ac- Sec. 756. A pcrsou authorized, may take the acknowledg- 1888, -io^, § 225;'r.l. mcut of a dccd provided for in the two preceding sections, or may §654; 1878, No. no, §2. . , -, •■ •- i-u u u • • u v.-^ 4- ^4- Sign such deed as witness, although he is an inhabitant and tax- payer of the town. tmsnre? **'**''*''*'''' ^^^- '^^'^' "^^^ sccuritics belonging to the town school fund §^&-^g"s y't'7?'^* sliall be deposited in the office of the town treasurer, and moneys R. s. 18, § 28. received oh account of the same shall be paid into such treasury ; and a separate account thereof shall be kept on the books of the- treasurer. STATE SCHOOL TAX. Tax for school purposes. Sec. 758. A tax of eight ccuts ou the dollar shall be annually- 1900, No. 30. § 1; 1890, ^ -^ No. 6, § 1. assessed upon the grand list for the support of public schools. Treasurer to apportion; Sec. 759. The statc treasurer shall apportion to the several notice to towns ; time of payment. towus, citics and uiiorganized towns and gores such tax, accord- 1896, No. 23, § 1. ' ° ^ ' 1890, No. 6, § 2. ing to their respective grand lists, and, on or before the last day of December, annually, make out and transmit to each town and city treasurer and to the collector of taxes for unorganized towns and gores, a notice of the amount so apportioned and that the same must be paid into the state treasury on or before the tenth day of the June next following; and the state treasurer shall also issue and transmit, at the same time, to the collector of taxes for unorganized towns and gores his warrant for the collection of the same. Duty ofofflcers to collect and Sec. 760. The Commissioners of taxes in Unorganized towns- ? ay tax. ° 896, No. : No. 6, § 3. ^^'/f • 2:^' § 2; 1890, and gores shall, upon receipt of such notice and warrant, assess a tax for the amount specified and cause the same to be collected in the manner prescribed by law, and paid into the state treasury according to such notice and warrant. A town or city treasurer shall, upon receipt of such notice, transmit the same to the select- men or mayor who shall draw an order on the treasurer of the town or city for the amount of such tax, and the treasurer shall pay the same to the state treasurer out of any moneys belonging to the town or city ; if the funds in the hands of such town or city treasurer are not sufficient to pay the tax, the selectmen or- mayor shall borrow the necessary amount upon orders. Chap. 40.] STATE SCHOOL TAX. 37 Sec. 761. Every town and city clerk shall, on or before the ;»'?,|^,r^. o^f J,^^^ ^;^g^ first day of June of each year, furnish to the superintendent of i*'"*- ^o- ^*'' § i- education, on a blank to be supplied by him for that purpose, a certified statement of the number of legal schools maintained during the preceding year in his town or city ; and the superin- tendent of education shall forthwith transmit such statements to the state treasurer. In case of failure on the part of its clerk to comply with the provisions of this section, a town or city shall not be entitled to a share of the tax herein assessed. Sec. 761a. The sum of fifteen thousand dollars shall first bej;^;;" «f ^^^ ^'^^ ^^ reserved from the amount of the state school tax paid by the i^-^- ^o- ^o, § i. several cities and towns into the treasury of the state. The re- mainder shall be distributed, as provided in section 762 of the Vermont Statutes, among the cities and towns in proportion to the number of legal schools maintained. Sec. 761b. The sum reserved according to section 1, (section ^g*"^! '"^^'I^'"*'- 761a), shall be divided among the towns which raise the higher per cent, of tax for school purposes, in order to equalize taxation and afford equal school privileges as nearly as possible, at the discretion of the state treasurer, the state superintendent of schools and the examiner of teachers for Washington county, who are hereby constituted a board of distribution for the pur- pose. But no town shall receive any portion of this money unless said town shall raise at least fifty cents on the dollar on the grand list of said town for school purposes. Sec. 762. The state treasurer shall, on or before the tenth »^ij;«{i«^^«"»\% day of July, annually, divide the money in the state treasury re-|^^"^'5 ^' ^^^' ^°- ^• ceived on such tax, among the towns, cities and unorganized towns and gores, in proportion to the number of legal schools sustained the preceding school year, which sum shall, in unor- ganized towns and gores be divided equally among the several school districts which have sustained a legal school the preceding year, and in towns having a district incorporated by a special act of the general assembly, such fund shall be divided as is herein- after in this title provided by law for the division of school money. Such money shall be divided by the selectmen of each town on or before the fifteenth day of September annually. Sec. 763. A legal school for the purposes of the preceding i^\i^^'^y\ifmi, section shall be one which has been maintained for at least ^°- ^^' ^ ^• twenty-eight weeks during the school year, taught by a duly qualified teacher, and whose register has been kept and returned as required by law. Sec. 764. The hst prepared annually by the secretary of ^'^'^.'•"NSl'el'rr'^" state from the abstracts of the grand list of the several towns, cities, unorganized towns or gores, which are now by law required to be returned to his office shall constitute a basis for the ap- portionment of said tax. 38 TEXT-BOOKS. [Title II. MISCELLANEOUS. issrNo^™"?^"!- 1H84 ^^^' '765. Grand juries shall annually inquire whether towns G°s'^y§:^9^'iJ'|*''^°''i^^ ttisir counties have appropriated and expended the required 18, §36;' 18-27,' No. 23, § 18; 1821, p. 90, §1. Duty of town saperinlen- dents. 1890, No. 5, §2; 1888, No. 9, § 232. sum for the support of schools as provided in this chapter, and in case of neglect they shall present their indictment thereof to the court. Sec. 766. The town superintendent of schools shall ascertain whether the requirements of this chapter relating to the appro- priation and expenditures of moneys from the town treasury for the support of schools are complied with, and in case of a non- compliance he shall bring the matter to the attention of the state's attorney or grand jury. Chapter 41. TEXT-BOOKS. Section. 769. Books and supplies to be fur- nished at expense of town. 770. Directors to make rules, etc. 771. If destroyed, etc., parent to make good. Section. 773. Selection and contract for books. 778. OflBcers receiving gratuity for recommending books, etc., how punished. Sections repealed. 1898, No. 27, § 3. Books and supplies to be furnished at expense of town. 1898, No. 27, § 1; 1896, No. 19, § 11. Directors to make rules, etc. 1894, No. 13, § 2. If destroyed, etc., parent to make good. 1894. No. 13, § 3. Secs. 767 and 768. Repealed. Sec. 769. The school directors, or school board of each town, city or graded school district shall provide and furnish at the expense of such town, city or graded school district all appliances, supplies and text-books used in the studies enumerated in section 683 and may provide and furnish text-books on subjects enume- rated in section 700, to be paid for by order of the directors on their respective treasurers. Sec. 770. School directors or school boards shall make such rules and regulations as they deem proper for the care and cus- tody of the books and appliances purchased, and shall loan text- books free of charge to resident pupils, and may sell the same at cost to the parents or guardians of pupils. Sec. 771. When a pupil loses, destroys or unnecessarily in- jures any such book or appliance, loaned to him, he, or his parent or guardian, shall make good the loss or damage to the satisfac- tion of the school directors within a reasonable time after written notice from them ; otherwise, the school directors or school board shall report the case to the selectmen of the town, or the proper authorities of the city or graded school district, who shall in- clude in the next town, city or district tax of the delinquent parent or guardian the value of such book or appliance, and such Chap. 41.] TEXT-BOOKS. 39 tax shall be collected like other town, city or district taxes. For neglect to comply with the provisions of this section the school directors or school board shall be liable for such loss or damage in an action of general assumpsit in the name of such town, city or graded school district. Sec. 772. Repealed. s«etiou repealed. ^ 1898, No. 27, { 8. Sec. 773. The school directors, or school board, of each town si^iMtion and contract for books city, or graded school district and the superintendent shall select isos. no. 27, § 2; 1894, •" ° ^ No. 13, §5; 1888, No. 9, the text-books to be used in their respective schools. chap, lo; 1882, no. 19; ^ R. L. §609; 1878, No. 1866, No. 2; G. 8. 22, § 7; 1862, No. 8; 1858, No. 1, § 11; 1849, No. 14, § 5; 1845, 122, §§1-4; 1874, No. 33, No. 37, § 5; 1833, No. 19, § 1; 1827, No. 23, § 4. § 1' ^^'^' ^°- ^*' Secs. 774, 776, 776 and 777. Repealed. sections repealed. ' ' ^ 1898, No. 27, § 3. Sec. 778. If the superintendent of education or examiner of officers receiving gratuity for recoinmending books. teachers or a town superintendent of schools, or any teacher in artf.how pnnisiied. ^ ' "^ 1888, No. 9 § 187; public school, or other person officially connected with the direc- iss*. No. 36, § i. tion of such school, shall directly or indirectly receive any gratuity or compensation for recommending or procuring the adoption of a school book, or the purchase of any school appara- tus, furniture or other school supplies, in any public school of this state, such person shall be fined not more than one hundred dollars, and not less than twenty-five dollars. 40 SCHOOL DISTRICTS— ORGANIZATION. [Title II. PART II. SPECIAL PROVISIONS. Chapter 42. — School districts in unorganized towns and gores and incorporated by special acts. Chapteb 43. — Schoolhouses. Chapter 44. — Maintenance of schools by school districts. Chapter 45. — School taxes and school money. Chapter^ 42. SCHOOL DISTRICTS IN UNORGANIZED TOWNS AND GORES AND INCORPORATED BY SPECIAL ACTS. Organization. Section Section 794. Use of schoolhouse for certain 779. In gores and unorganized towns. purposes. 780. First meeting, how caUed. 795. Committee to act as clerk. 781. Selectmen to record proceed- 796. To draw orders; prohibition. ings. 797. Liable for unlawful payment. 782. District a corporation. 798. Vacancies, how flUed. Officers. 799. Surrender of books, etc., to suc- cessor; penalty. 783. Election of; term of service. Meetings. 784. Prudential committee. 785. Term, in certain cases. 800. Annual and special. 786. Wlien number reduced. 801. Warning to be recorded. 787. Town collector may be district 802. Meetings, how called. collector. 803. Votes; challenges. 788. Moderator. 804. Construction of certain words. 789. Clerk. 805. Neglect to warn meetings; pen- 790. Notice of election, to town clerk. alty. 791. Duties of other officers; bonds; 806. Provisions of special acts unaf- vacancy. fected. 792. Prudential committee to have Change of Boundaries of Incorpo- care of schoolhouse, etc. RATED Districts. 793. To employ teachers, etc. 807. Provisions regulating. In gores and unorganized 1892, No. 20. § 1; 1888, No. 9, §70; R. L. §.504; G. S. 22, § 23, 1845, No, 35. First meeting, liow called. 1888. No. 9, § 69; R. L. §503;G. S.22, §§22, 24; R. 8. 18, §§ 4, 5; 1827, No. 23, § § 7, 8; 1813, p. l.W, 1; R. 1797. p. 494, § 2; R. 1787, p. 136. 11 Vt. 607. ORGANIZATION. Sec. 779. The selectmen of a town, on application of three voters in an adjoining unorganized town or gore, may divide such town or gore into as many school districts as may be needed, and number such districts and organize them in the manner provided in the following section. Sec. 780. Such selectmen shall call a meeting in such district by posting up a notice thereof, specifying the time, place and business of the meeting, in two of the most public places in such district, at least seven days before the time therein specified. One of the selectmen shall preside in the meeting until a moderator and clerk are chosen, when the district shall be held to be or- ganized. ■' Chap. 42] " OFFICERS. 41 Sec. 781. The selectmen acting under the preceding section s«iMtmen to mord proceed- shall cause their doings to be recorded in the office of the clerk i^*^^> ^o. 9, § to. of the county in which such town or gore is situated, and shall receive reasonable compensation from the petitioners. Sec. 782. A school district, legally organized, shall be a body »is^™u corporation^ ^ politic and corporate, with the powers of a corporation for main-|5p7^<|-^g22, §§|9, taining schools in such district, and by its corporate name may gl^vt^^'^G^^' ^ ^^* sue and be sued, and may take, hold and convey real and per- sonal estate. OFFICERS. Sec. 783. A school district shall, at its organization, and at Election of; t«rm of seme*. ' , , , 1888, No. 9, §73; R. L. €ach annual meetmg thereafter, elect from among the legal voters §508; i872, No. 12; g. , ,. . , , S. 22, §§32, 73; 1861, of such district a moderator, clerk, collector, treasurer, one orNo. ii;i854, No. 42: , . , . ^ , R. S. 18, § 9; 1830, No. three auditors and a prudential committee of one person, unless 23; 1827, No. 23, §7; ^ ^ 1809, p. 96, § 1; R.1797, the district shall vote to have a prudential committee of three, p. 4»4, § 2; r. i787, . , , . , . . , . P no P- 136. 11 Vt. 618. 20 as provided in the succeeding section. Their term of office vt. 487. 23vt. 416. 20 ^ ° vt. 495. 32 vt. 769. shall commence at the time of their election and continue until their successors are chosen, but if the prudential committee is -absent more than three months from the district, his office shall be deemed vacant. Sec. 784. A school district may elect a prudential committee i^*"no. 9,T74rR. l. of three persons, one of whom shall be chosen for one year, one Ij^^'no '33^§l2*"3 ^ i\ for two years, and one for three years ; and until otherwise voted, ^^- I2V. ^ ^^' ^'* ^* such district shall, upon the expiration of the term of a member of such committee, elect a successor for three years, and may fill a vacancy. Sec. 785. If such a committee is elected at the organization Term, in certain eases. ,.,,...■,, . . 1888, No. 9, § 75. of the district, and such organization is not at the time fixed for an annual meeting, the time between the organization and the next annual meeting shall be accounted the first year of said terms. Sec. 786. When a district has voted to discontinue such w^™ number reduced. 1888, No. 9, § 76. committee of three, it shall not elect successors to the members as their terms expire, and the remaining members or member of such committee shall be the committee of the district until the €nd of the term which is last to expire. Sec. 787. A school district may elect the collector of town Town collector maj be taxes, although not an inhabitant of the district, to be collector iL'S no. "9!*r"77; r. l. of such district, if he will accept the office in writing ; and such i86i!'no.' 12.^^' ^ ^' acceptance shall be recorded by the district clerk. Sec. 788. The moderator shall preside at school district Moderator, meetings. In his absence a moderator pro tempore shall be §1'i3;^i872,' sl%^' ^' chosen to preside at such meeting. no.^sm i;^*' ^^^^' R. 8. 18, § 9; 1827, No. 23, § 7. 42 OFFICERS. [Title II. 1888" No 9 §79- R. L ^^*^- 789- The clerk shall keep a record of the votes and i8h''no"*^39^"u^^!1 22 Proceedings of school district meetings, and give certified copies R^s 18^§'w-%^7' No thereof when required ; for a willful neglect of such duty he shall ^' § ''• forfeit twenty dollars to the district, to be recovered in an action on this statute, sotke of election, to town 8^0. 790. The clcrk shall, within ten days after his election vm^ No. 9, § SO; R. L. qj. appointment, give notice thereof to the town clerk ; and if he fail to do so he shall receive no compensation for making returns to the town clerk's office. Kds; vaLc*/.'""" ""'"*'"'" ^^^- "^Ql- The duties of school district collectors, treasurers No^'sf^R'I'L.^miif'^'^^ auditors, shall be like those of town collectors, town treas- 1870 No. is^is^t!' No. ^^"Grs and town auditors. A district collector or treasurer shall, § 32!i8S4,^Jjo*!'42^'h.' 58 ^^^f orc entering upon his duties, if required by vote of the district esVtf 88. '^" ^^' ^^' ^^ ^y th® prudential committee, give a bond to the district con- ditioned for the faithful performance of his duties, in such sum as may be required ; and if a collector or treasurer neglects for ten days to give a bond as required, such office shall be vacant. ISSlrroSetc!*'* Sec. 792. The prudential committee shall have the care of rih^f 1872, No".^7^; g! th® ^^h^o^house and grounds, and shall keep the same in good ii;'^i827,'No.^i3r§ T^' ^ ^^^^^1'' ^^^ ^^ there is no schoolhouse, shall provide a suitable place for the school ; and shall provide fuel, furniture and all things necessary for the school . R. 1797, p. 494, § 2; R. 1787, p. 136. 20 Vt. 487. 24 Vt. 528. 30 Vt. 155. 33 Vt. 77. 37 Vt. 497. 37 Vt. 521. 38 Vt. 529. 1888° No *9't''83-*R L ^^^' '^^^^ "^^^ prudcutial committee shall employ and may, vt'l} ^^ ^^' ^'^°" ^^'^h^n necessary, remove a teacher and shall adopt requisite measures for the inspection, examination, regulation and improve- ment of the school. Use of schoolhouse for cer- Sec. 794. The prudential committee of a district which has tain purposes. ^ k1-^ ^*i- ^ 4 ^*,'n^-^-iit)t by vote restricted the action of its committee in the mat- § bib; 18(2, No. 10. '' ter, may permit the free use of the schoolhouse for religious meetings, lectures, music schools, kindergarten schools, and like purposes, when such use will not interfere with the schools or meetings of the district. ]888"'No.*rf 85r'«''''L. ^^'^' '^^^' ^^ *^^ abscncc or disability of the clerk his duties §^510^ G.s. 22, §36; 1846, shall be performed by the prudential committee who shall be under the same penalties for a failure therein, im N^Vsef r"l: S^^- '^^^- ^^^ prudential committee shall draw orders upon f48f isS'No! sLt'i. ^^^ treasurer for all sums due from the district, but shall not 55vt.6i.' 56Vt. 556. authorlzc the payment of the moneys of the district to a teacher employed therein not licensed as required by law, or to a teacher whose certificate has been revoked. iSNo"?f87rR!*L: S^^' '797. If a prudential committee authorizes a payment fsKj'No.'fi'^y'vt'.ei.P^^^^^^^®^ ^y ^^® preceding section, he shall be liable to the dis- trict for the moneys so paid, to be recovered in an action on this statute. Chap. 42.] MEETINGS. 43 Sec. 798. When a vacancy occurs in the office of clerk, col- ^^"'^JJ'cl.Wss!" k. l. lector or treasurer of a school district, or in the office of prudential | ^g: /|^^'i^^; ^^'. .^: committee in a district where the committee consists of one per-^^^J-j^i^o^- ^^ "^*- ^'^^• son, the district shall fill the vacancy at a special meeting. Sec. 799. When a school district office becomes vacant ^J toZ^££!^m^t" expiration of the term of office of the incumbent, or otherwise, i^^'^o-''^^-^ ^• and a successor is elected or appointed to assume the duties, such successor shall, on demand, be entitled to receive the books and papers of such office from the last incumbent or anyone having the same in his possession. A person having such books or papers in his possession who refuses for ten days after demand to surrender the same to such successor, shall be fined ten dollars. MEETINGS. Skc. 800. Annual school meetings shall be held on the last l^'^o^oI's^Tw; isss, Tuesday in March ; and special meetings shall be warned when- g°s%|_**|j ]^; £-.5 ^^^ ever applied for in writing by three voters of the district. 1861, No. 11; 1858, No. 2; 1850, No. 40; R. S. 18, § 12; 1827, No. 23, § 7; B. 1797, p. 495, § 3; 1795, p. 10, §2. 20Vt.4si7. 23Vt. 416. Sec. 801. All warnings provided for in this title shall be re- f^'ifJ^mTi!**'" corded by the clerk before being posted. 64 Vt. 544. Sec. 802. School meetings shall be warned by the clerk, or, fg^^H^J^fsV.TfwtR. l. in case of his absence or neglect, by one of the prudential com- ^^^'^'^j^^^.^g.^'^^^g'l^j'g^ mittee, by posting, in two of the most public places in the dis- fil'^^iVOTf p'. 4^',? 2? kI trict, at least seven days before the time of the meeting, notices ^'^'^' p- ^^^• stating the time and place of meeting, and the business to be transacted. 14 vt. 300. 17 Vt. 337. 23 Vt. 416. 48 Vt. 5y9. 67 Vt. 150. 72 Vt. 63. 16 Vt. 439. 22 Vt. 309. 43 Vt. 207. 64 Vt. 527. 67 Vt. 566. Sec, 803. Persons residing in a school district and qualified [^^*j^*'^J'*"||-y, 92. to vote in town meeting, shall be voters in school district meet- Ijoh'ol! ?87b,^NQ. if-'*' ings, and women shall have the same right as men to vote on all§^2^;'R*^8^1^^§7*;'^27, matters pertaining to schools, and school officers, and the same ^,^y|^'^]; right to hold offices relating to school affairs, unless otherwise ^^t. 62! provided, and if a person offering to vote is challenged, the mod- erator at such meeting, the clerk, and the members of the pruden- tial committee present, shall decide as to his right to vote. Sec. 804. The word "meeting" as applied to school district Cftnstraetwn'ft'rtain meetings whenever used in this title, shall mean a school meet- i^ss. No. 9, § 93; b. l. ing warned as provided in the second preceding section, and authority given a district to take action " by vote," or " by a two- thirds vote," shall mean by vote or 'by a two-thirds vote, in such a meeting. Sec. 805. If a person whose duty it is to warn a school dis- Sv.*" '"""°'**^^" trict meeting neglects to do so for ten days after application |||o;g;s. 22!*§' 5?^ r! 44 SCHOOL HOUSES. [Title II. s.^18, §26; 1809, p. 96, made as provided by law, he shall forfeit to said district twenty 46 Vt, 90. Provisions of special acts ; i878, No. 112, §9 4. 5. owner or occupant thereof, within which he will be required to re- 4.3 vt. 362. move his buildings, fences, timber, wood, or trees, which, in case of inclosed or improved land, shall not, without the consent of the owner, be less than three months, nor until compensation for damages to such land is tendered or paid ; and if they are not re- moved within that time, the selectmen shall remove them at the expense of the district ; but the district shall not take possession of such land until the damages agreed upon, or as determined by the selectmen, shall have been paid or tendered to the persons entitled thereto. 46 TAKING LAND FOR SCHOOL PURPOSES. [Title II. i88T'No''9*''r26¥*R L ^^^* ^^4. AH ordei's and proceedings of the selectmen, under g^^|'2\^'§i]14°'i86o'no ^^® pi'ovisions of the two preceeding sections, with the survey of 3, § 1; 1857, No. 58. § 1. ^^g ^^ud taken, shall be recorded in the office of the clerk of the town in which the land is situated, or if in an unorganized town or gore, in the county clerk's office. ?"ftrS**''*°"^** "'*''''* Sec. 815. If the owner of such land does not accept the l^§'53v°'g s^aVuie ^^^i^g^s awarded by the selectmen, the school directors or pru- No%8°«"l'^^' ^^^"' dential committee of the district may agree with him to refer the question of damages to one or more disinterested persons, whose award shall be made in writing, and shall be final. K'no" 9T'263""r ■ L ^^^- ^^^- ^^^ person interested in such land is dissatisfied 1860^'no' I' H-Vsw' ^^^^ ^^^^ location or with the damages awarded by the select- ^^- ^^' § *• men, he may apply by petition to the county court at its next stated term, it there is sufficient time for notice, and if not, to the succeeding term; and any number of persons aggrieved may join in the petition. The petition, with a citation, shall be served on the clerk of the town or school district, at least twelve days be- fore the session of the court, and the court shall appoint three disinterested commissioners who shall determine the amount of damages sustained by the persons interested therein. ii8*No'!1f§264-'R;'L. ^^^^ 817- The commissiouers shall give six days' notice to II 118,' ml i86^'no.3 ^^^^ clerk of the time and place of hearing; and on the report of llktl 1857, No. 58, i]^Q commissioners the court shall render judgment for the peti- tioner to recover such damages as are just, and may tax costs for either party, and award execution in the premises. fs^'No.TllifR.L. Sec. 818. If lands so required by a school district are en- iml^No.' 10.^^' ^ ^^°' cumbered by mortgage, the school district shall cause the same notice to be given to the mortgagee, or the assignee of the mort- gage, required to be given to the owner ; and the damage agreed upon, or otherwise determined, as specified in this chapter, shall be paid to the mortgagee or assignee ; but if the sum due on the mortgage is less than the damage, the amount due on the mort- gage shall be paid to the holder, and the balance to the owner. iltVo'VSe R.L. Sec. 819. When the damages finally awarded for lands so i8bi!'No; w.^^' ^ ^^°' taken by a school district are paid to the persons entitled thereto, a valid title to such lands shall vest in the district for the pur- poses aforesaid. KNtfi!Ti9; Sec. 820. A school district may sell its schoolhouse and the 1888; No. 9. § 267.' ^^ud conuccted therewith. R. L. § 544; 1880, No. 96, § 1. DISTRIBUTION OF PROPERTY OF FRACTIONAL DISTRICTS. ^"^1? draw^Jrfei's" ' ^^^' ^^^* "^^^ Selectmen of the several towns in which a i*894*'Nr"i4 § 1- fractional district is located shall appraise and adjust the school ]892;iNo. 21,' § 2i. property of such district, and shall make an equitable apportion- ment of the same and of the debts of the district, and ascertain the balance equitably due on this account from either of said Chap. 44.] SCHOOLS AND INSTRUCTION. 47 towns to any of said towns, and shall make a report to the board of school directors of the town against which the balance is found, and the board shall draw an order on their treasurer for the amount so found due. Chapter 44. MAINTENANCE OF SCHOOLS BY SCHOOL DISTRICTS. Schools And Instruction. Section 822. studies prescribed. 823. Instruction in vocal music. 824. Additional schools. 825. Instruction of advanced pupils. 826. Instruction in languages. 827. Assignment of pupils. 828. Special supervision. Instruction in Other Schools. 829. In adjoining districts. Section 830. Pupils from adjoining districts. 831. Such districts deemed to have supported schools. 832. Kindergarten schools. 833. Places of attendance. 834. Evening schools. 835. Clerk to prepare census of chil- dren of school age. 836. Duties of district clerks. 837. Provisions of special acts unaf- fected. SCHOOLS AND INSTRUCTION. Sec. 822. All pupils shall be thoroughly instructed in good i^^y^K'n^ ; 1892. behavior, reading, writing, spelling, English grammar, geography, fssfislif ko'!1o;^R.L: arithmetic, free-hand drawing, the history and constitution of l^-j'^'^^J^R^^s-fj^/j^f: the United States, and in elementary physiology and hygiene ;i2|Z;p^^y3";'|i^ ^'' ^■ and shall receive special instruction in the geography, history, ^^ ^'^" '^*- constitution and principles of the government of Vermont. Sec. 823. The prudential committee of a district may pro-inltfof^.i^^n'" 'wai mnsk. vide for daily instruction in vocal music by the regular teacher ; so v't. 658. ' and any district may, at a regular meeting, instruct its committee to provide for such instruction in vocal music by a teacher em- ployed for that purpose. Sec. 824. If the pupils of a district are so numerous as to *«'}'*'•"»' siH*',^-. 1888, No. a, 8 »". require more than one teacher, the district may provide as many schools, or a school of as many departments as is needed. Sec. 825. In a district having more than one school, or a instmction of advanced school of more than one department, the prudential committee {"ssfVo. 9, §in6; may provide for the free instruction of advanced pupils in the ' ' ^''' higher branches of English study. Sec. 826. A district maintaining a school taught by three or in»Jjncti«ii in laiiguages. looOj No. y, § 101. more teachers, may direct the teaching of foreign languages, ancient or modern, therein. Sec 827. When a district has more than one school, or a issi|nment of pnpiis. school of more than one department, the prudential committee, b. l. A'72. or a committee chosen by such district for the purpose, shall 48 INSTRUCTION IN OTHER SCHOOLS. [Title II. Sfw\a\ snpenision. J890, No. 5, § 2; 1888, No. 9, § 104. examine as to the qualifications of the pupils, and designate the school or department which each pupil shall attend. Sec. 828. A district maintaining schools taught by twelve or more teachers, may direct its prudential committee to employ a person for the special supervision thereof, and a person so em- ployed shall, under the general direction of the prudential com- mittee, superintend the work of the teachers, and perform the duties of the prudential committee in the inspection, examina- tion and regulation of schools. INSTRUCTION IN OTHER SCHOOLS. In adjoining districts. 1888, No. 9, § 105; R. L. §§564,567; 1880, No. 94, §1; 1876, No. 45, §1; 1872, No. 11, 64 Vt. 527. Pupils from adjoining districts. 1888, No. 9, § 106. 64 Vt. 511. 64 Vt. 527. Sach districts deemed to bave snpportMl schools. 1894, No. 18 ; 1892, No. 20. §6; 1888, No. 9, §107; B. L,. §565; 1880, No. 94, §2: 1876, No. 45, § 1. Kindergarten scliools. 1888, No. 9, §151; 1896, No. 32, §1; 1882, No. 32. Places of attendance. 1888, No. 9, § 152. Evening schools. 1898, No. 28, § 1 ; 188? No. 9, §165;R. L. § 678; 1874, No. 37, § 2. Sec. 829. A district may, by a two thirds vote, authorize its prudential committee to arrange for the instruction of all its legal pupils, in the studies prescribed by law, in the schools of an ad- joining district or districts, or in the most convenient schools of an adjoining town or towns in another state, and authorize the transportation of such pupils to and from school. Sec. 830. The prudential committee may, for a reasonable compensation to be paid into the treasury of the district, admit the pupils of an adjoining district, by arrangement with the pru- dential committee of such district. Sec. 831. If such pupils are provided with not less than twenty-eight weeks of instruction during the school year, includ- ing such as may have been had in the district of their residence, such district shall be held to have supported a school as required by law, and shall be entitled to its share of the public moneys the same as if a school had been maintained in the district, and the attendance had been in such school. Sec. 832. A district may provide a kindergarten school for the instruction of children under five years of age residing in the district; and when such a school is maintained it shall be at- tended by such pupils over five years of age as the prudential committee may designate. Sec. 833. For public school instruction in the branches pre- scribed by law, a pupil shall attend a school provided by the dis- trict in which he resides. The prudential committee of a district maintaining a school for advanced pupils may permit non-residents to attend such school upon the payment of reasonable tuition. Sec. 834. A district may establish evening schools and main- tain the same as day schools are maintained ; and each session of an evening school may be treated as a half-day session of public schools, adults desirous of learning to speak and read the English language, or of studying the subjects embraced in Section 822 of of the Vermont Statutes and book-keeping may be admitted as pupils to such evening schools upon such terms and by the pay- Chap. 45] SCHOOL TAXES AND SCHOOL MONEY. 49 ment of such rates of tuition as the school board or school direc- tors may prescribe. Sec. 835. The clerk of each school district shall, annually, gt,** ppSo~ '' during the last two weeks of the school year, prepare an accurate ^«|; ^o.^g^^es; list containing the name and age of each child of school age residing in the district, and the name of the parent or other per- son having control of such child ; and shall keep such list on file, and make such report therefrom as the superintendent of educa- tion requires. Sec. 836. The duties prescribed by law for clerks of boards l^'^^^^S!i^^^: of school directors, shall, so far as applicable be discharged by clerks of school districts incorporated by special act of the gen- eral assembly and in unorganized towns and gores. Sec. 837. Nothing in this chapter shall be construed to Provisions of special acts affect the provisions of special acts incorporating school districts. i8»*, no. 162, § sos. Chapter 45. SCHOOL TAXES AND SCHOOL MONEY. School District Taxes. Section. 838. District list. 839. Taxes. 840. Rate bill and warrant. 841. Deductions. 842. Time and place of payment; notice. 843. Exemption and abatement. 844. Board of abatement; meeting. 845. Powers of collector, etc. 846. Collector to settle and submit tax book; penalty. Section. 847. Assessment of tax to pay execu- tion. Division of Public Moneys. 848. Selectmen to divide ; basis. 849. When district entitled to share. &50. Returns of officers. . 851. other provisions. 852. Statement to be lodged with town clerk. 8.53. Forfeiture. SCHOOL DISTRICT TAXES. Sec. 838. The grand list of a school district shall be made District list. ^j^. „ . up of the polls and real and personal estate taxable therein. §630; 1864'no.61; f r r G. 8. 22, §§45, 47, 50; 1850, No. 44; 1849, No. 16; R. S. 18, §§ 15, 16, IS; 1833, No. 19, § 2; 1827, No. 23, § II; 1824, p. 10, § 2; R. 1797, pp.496, 496, §§ 3, 4; 1795, p. 9; R. 1787, p. 137. 31Vt. 337. 32Vt. 769. 37 Vt. 196. 43 Vt. 123. 56 Vt. 562. Sec. 839. A school district may, by vote, raise a tax uponTax«. its list for the support of schools therein; and all expenses iii-^ vt'sil' cur red by a district for the support of schools, in excess of public moneys received, shall be so defrayed. Sec. 840. The prudential committee shall assess a tax for R*t« •»'• and warrant the amount voted to be raised, and make out a rate-bill of thei^si; G.s.22, §'47;'r. S. 18. § 16; 1827, No. 2;i, same ; a justice of the county in which the whole or part of such 50 SCHOOL TAXES AND SCHOOL MONEY. [Title IL r^V-^'^^'^ist'**''^'^^'^^^^^^^^ ^^ situated, shall, on application, make out a warrant llYr^-ili- o. TT<. ^'o directed to the district collector, authorizing and requiring him 2o Vt. 416. o4 Vt, lob. *-* 1 *_» II Yrl- H- ^2 Yrl- o!J" to levy and collect such tax within the time limited in such war- 62 Vt. /b». io Vt. 6bZ, " 34 Vt. 94. 5a Vt. 313. rant, and pay the same to the treasurer of the district. D^nctions. Sec. 841. A district may, at the time of voting a tax, direct 1888 No. 9, § 203 ; R. L. •' ' o ' § 632; 1874, No. 14. the coUcctor to deduct a per cent, fixed by the vote, from the tax of a person paying before the day fixed. A collector shall make no deduction in favor of a person who does not pay his tax within the time. Time and place of payment; Sec. 842. The collcctor of a tax from wliich deduction may notice. "^ E^ ^*632' ^ ^^^' ^^ made as above provided, shall appoint a day within the time limited, and a place within the district, when and where he will attend to and receive such tax ; and shall post a notification thereof in three public places in the district, and publish the same in each newspaper printed in the district at least ten days before the time appointed ; and shall attend at the time and place appointed to receive payment of such tax. ?5S!?Pi.l*" *,"*'o*l'*^'"S'*v Sec. 843. A district may, by a two-thirds vote, instruct the 1888, No. 9, § 205; R. L. jt ^ i §633; G. 8. 22, §46; prudential committee to omit, in making up a tax-bill, the names of such persons as are unable to pay their proportion of the tax; and a district may by a two-thirds vote remit or make abatement on a tax-bill to an amount not exceeding five per cent, of the same. Board of abatement; meeting. SeC. 844- The offiCCrS of a SChool district, CXCCpt the Col- No.9, §206; r'. L. ' lector, shall be a board for the abatement of district taxes, and ' °' ' such board shall have the same powers which the board for the abatement of town taxes has in the abatement of town taxes. A majority of such officers shall constitute a quorum. The pru- dential committee, on request of the collector, shall call a meeting of said board in the month of March in each year, previous to the annual school meeting, by posting notice therefor in three public places in said district at least five days before such meeting. Powers of collector, etc. Sec. 845. The district collector shall proceed in the same l888.No.9,§207;R.L. ^ u ^u • i • ^ n *.- ^• §636; G.s. 22, §§49, 51; manner and have the same powers m levying and collecting dis- No. 2.3,'§§ ii,'i2;'r.^ 'trict taxcs, as town collectors in levying and collecting town p. 137." le'vt. 439'. ' taxes, and shall within the time limited collect and pay the same to the district treasurer ; the prudential committee shall have the same authority to enforce the collection and payment of district taxes as selectmen have to enforce the collection and payment of town taxes. Collector to settle and sub- Sec. 846. A district collcctor shall, on the written request 1888, No*V §208; ^1884, of ouc of the prudential committee, pay to the district treasurer 1874, No. 11, §§ 2," 3.' all moneys belonging to the district collected by him to that time, and submit his tax-book and list to said treasurer for inspection and computation ; and if a collector shall neglect so to do for ten Chap. 45] DIVISION OF PUBLIC MONEYS. 51 days after receiving such request, he shall forfeit to the district one hundred dollars, to be recovered in an action on this statute, and his office shall be vacant. Sec. 847. When a demand is made upon a school district As^««^ra™t«fta^t«i«y for the payment of an execution issued against it, and the dis- J^l^jj.^Oliyj^jf.-^- trict has no available funds to pay the same, the prudential com- p.'foi^^ilj^B.ngrr^' mittee shall forthwith assess, and have collected, a tax sufficient p- ^^• to pay such execution and the charges and twelve per cent, interest, in the same manner as a tax voted by the district is assessed and collected. DIVISION OF PUBLIC MONEYS. Sec. 848. The selectmen of a town having within its limits s«iectmeii to divide; i«sis. ivi(M)j No. ly, § 1» loyo, a district incorporated by a special act of the general assembly, no.^2o,§j^^ 1892, No or a part of such a district, shall annually, on or before the tenth i^ss no^^o §§i4i,'233 ' ^ ' •' 230 ; 1S86, No. 24; 1884, dav of September, divide the public school moneys in the treas-No-29; R-l. §§66i, •^ ^ ' ^ •' 662; IhSO, No. 94, §§5, ury of such town between the town district and the incorporated «; i876,no 51; 1874, •' ^ No. 40, § 1; 1866, No. district in the following manner : 'J. ^J-''};^f'^°-f^'^ ° G. 8. 22, § 83; 1860, No. The share of the State school tax provided for in section 758 of ■^' g^^^^^^*^2!'i8V7;No. the Vermont Statutes distributed to such town shall be divided in ^l^^^^^'if ; ^'i^^jPp/io) proportion to the number of legal schools maintained in each dis- ff Vt!'45if ' ^' ^'^^' trict during the preceding school year; all other school moneys in such treasury shall be divided so that the share of such incor- porated district, or such part thereof as is within the limits of such district and within such town, shall bear such proportion to the whole amount of such school moneys as the aggregate attend- ance in such district, or part thereof credited to scholars residing within the limits of such town, bears to the attendance of the whole town. The share belonging to such district, or part thereof within the town, shall be paid to its treasurer, and the balance shall be credited to the school fund by the treasurer of the town. In determining the aggregate attendance of the town and incor- porated districts, the district in which the scholars reside shall be credited with the attendance of such scholars. Sec. 849. Before making such division the selectmen shall when district entitled ° to share. carefullv examine the entries in each register, and ascertain the '892. ^o-2o, §:6; 1888, •^ ° ' No. 9, §236; K.L. §663; aggregate attendance during the school year, and whether itJsso.No. 94, §7; 1874, "° ° ° ./ ' No. 40,|§1; 1866, No. 9, appears from the certificate of the directors or prudential com- §i; g.s. 22, §83; 1849, ^^ ^ No. 16, § 2; R. S. 18, mittee that the schools were kept by duly licensed teachers and§3i; 1827, no. 23, §9; ^ •> -^ R. 1797, p. 497, §7; that the clerk has made the entries required by law, and no pub- R- 1787, p. i36, lie money shall be paid unless the selectmen find, upon such exam- ination, that the law has been fully complied with. Sec. 850. The school directors or prudential committee, shall, M'^'""^ **^ ^'f |-. ■^gQ^^ on or before the second Tuesday of April in each year, return to^o-'s, §2; isss.'no. 9, the town clerk an itemized statement, under oath, of the actual cash expenditures of the town or district for the preceding school 52 MISCELLANEOUS PROVISIONS. year for school purposes ; and no town or district shall be entitled to receive any portion of its school moneys unless such returns are so made, other provisions. Sec. 851. No distriot shall receive from the town the full 1890, ^O. 5, 5 Z'y looo, ss^'rsl^No^'l*'^"* amount of its school moneys unless it has actually expended dur- ing the preceding school year for school purposes, other than the construction and repair of buildings, a sum equal to the amount of its school moneys for such year, exclusive of private bequests, and one-tenth of its grand list for such preceding year ; the sum paid to a school district in any one year shall be diminished by the amount by which the sum actually so expended by the district in such preceding year is less than the school moneys, exclusive of private bequests and one-tenth the grand list of the district for the preceding year, statement t« ii« lodged witii Sec. 852. The Selectmen in the month of April, annually, 1888, No! 9, §244; B.L. after they have made division of the public moneys, shall lodge 1847, No! 24, §4. ' with thc towu clcrk a written statement of the amount of money apportioned to each district for the preceding school year. i888'*No 9 §240 ^^*^- 853. A school director or prudential committee who knowingly makes a false certificate as to the date and character of teachers' certificates, or a false statement of the amount ex- pended, or a district clerk who knowingly shall make false an- swers to the inquiries contained in the register, or a selectman who shall knowingly distribute public money to a school district not entitled thereto, shall forfeit to the town one hundred dollars, to be recovered in an action on this statute. MISCELLANEOUS PROVISIONS. SETTLEMENT OF AFFAIRS OF OLD SCHOOL DISTRICTS. Town cleric to call meeting Sec. 854. If in any school district, whose financial affairs are office of clerk and committee not Settled, the officc of clcrk and prudential committee is vacant, 18%, No. 24, § 1. the clerk of the town in which such district, or any part thereof is situated, may warn a meeting as a resident clerk might have done. Said town clerk or one of the selectmen of the town shall attend such meeting and preside over the same until a moderator is elected. Service of writs on such Sec. 855. If in such district the oflBlce of clerk and prudential 1896,'no. 24, § 2. committcc is vacant, service of writs may be made upon such dis- trict by leaving a copy thereof with any taxpayer resident in such district. MISCELLANEOUS PROVISIONS. 53 Sec. 856. The provisions of chapter sixty-three, Vermont sjjtj«^;;['';'|;j^ti«n*' Statutes, shall not apply to actions against school districts in ^§96, no. 29, § i. which both the ofifice of clerk and prudential committee are vacant, during the period of such vacancy. LIGHTING, HEATING AND VENTILATION OF SCHOOL HOUSES. Sec, 857. The state board of health shall, as often as it iudges stat« board to issue regn- •' " lations; plans to be snb- to be necessary, issue to the local boards of health its regulations mitteji to iie«ith officer; •^ ' ^ penalty for building withoDt as to the lighting, heating and ventilation of schoolhouses, and approval; health officer to ° ° *=" inspect and make reports. shall cause sanitary inspections to be made of churches, school-|902, no.iis, §8; *^ 18%, No. 102, §§ 1, 2. houses and all places of public resort, and make such regulations concerning the same as it shall deem necessary for the safety of persons who may attend schools or services therein or resort thereto. And all schoolhouses, churches and public buildings hereafter erected shall conform to the regulations of said state board of health in respect to all sanitary conditions for the public health, and all persons, corporations or committees intending to erect any public building herein named shall submit plans thereof so far as to show the method of heating, plumbing, ventilation and sanitary arrangements to the health ofl&cer, and procure his ap- proval thereof, or the approval of the state board of health, before erecting said building, and shall conform strictly to all require- ments of said board in the respects aforesaid, and any person^ corporation or committee who shall erect any such schoolhouse, church or public building without such approval and without complying with such regulation, shall on conviction thereof pay a fine to the treasurer of the state of not less than one hundred dollars, and not more than five hundred dollars, and shall make said building conform to the sanitary regulations of said board before the same shall be used, otherwise said building shall be deemed a nuisance, and be put in proper condition by the health officer, under direction of the state board of health, at the expense of the owner. The health officer of each town and city in the state shall make, under directions of state board of health, a sanitary survey of each schoolhouse and other building, used for public purposes, and make report each year to the state board of health, in the month of March, and to the board of aldermen of cities, and to each annual March meeting in towns. STATE TEACHERS' ASSOCIATION. Sec. 858. A sum not exceeding two hundred dollars is hereby Appropriation to aid. appropriated annually to aid in defraying the expenses of the ^''°^' ^' ^^' ^ ^' annual meeting of the State Teachers' Association. Such sum shall be expended in securing able speakers for said meeting or for publishing its important addresses and papers under the 54 MISCELLANEOUS PROVISIONS. Anditor to draw orders. 1902, No. -28, § 2. direction of the superintendent of education and in accord with the aim and regulations governing institutes and summer schools. Sec. 859. The state auditor is hereby directed to draw his order on the state treasurer for such sums and at such times as the superintendent of education may require to carry out the provisions of this act (Section 858). LOCATION OF LICENSED SALOONS. Sot within 200 feet of a school. 1902, No. 64, § 14. Sec. 860. The board shall give a public hearing at the time and place designated in the notice. If at such hearing the owner of an occupied dwelling within twenty-five feet of the rooms in which the applicant proposes to do business files objection in person, or by written communication, or if a majority of the property holders on the street in which such license is to be operative, and within four hundred feet on either side, file objec- tions in writing, the license shall not be granted except by the unanimous decision of the board. Nor shall a license be granted for the sale of liquor of any kind within 200 feet in any direction of any church, or of any building occupied in whole or in part as a public or parochial school, except that this restriction shall not apply to wholesale or retail druggists, nor to inn-holders. Holidays. 1902. No. 48, ?1; 1898, No. 51, § 1 ; V. 8., § 2314. /Benninirton Battk" and 'Labor" days defined. 1898, No. 51, § 2; V. S., § 2315. LEGAL HOLIDAYS. Sec. 861. The first day of January, twenty-second day of February, the thirtieth day of May, the fourth day of July, the sixteenth day of August, the first Monday in September, the twenty-fifth day of December, and any day appointed or set apart by the Governor of this state or by the President of the United States, as a day of thanksgiving, prayer or other special observance, shall be legal holidays, etc. Sec. 862. The sixteenth day of August shall be known as " l^ennington Battle " day, and the first Monday in September as " Labor " day, throughout this state. V. 8., § 480. GENERAL PROVISIONS AS TO CERTAIN OFFICERS. Treasurer to lieep separate Sec. 863. If a towu, scliool or fire district or incorporated accoant of school taxes. 1896, No. 15, §i; village, votcs to collect its taxes by its treasurer, the proper officers shall, until otherwise voted, make and deliver all tax bills to the treasurer of the town, school or fire district, or incorporated village, and the treasurer shall keep separate accounts of all money received as highway or school taxes, and pay out the same upon the orders of the proper officers. Clerk failing to mai(e returns; ^Ec. 864. If a clcrk of the board of scliool directors or of an penaltv for neglect. ^•^■"•o^J^^l^',,.o incorporated school district fails to make the required return, R. L. § 2o48 ; 1868, *• or makes an incomplete or incorrect return, he shall receive MISCELLANEOUS PROVISIONS. 55 no compensation therefor and be fined not less than five dollars; No. 49, §§ i 3; ises, '^ ' No. 3o; G. S. 17, § 2; and the town clerk shall forthwith cause prosecution to bepv, No. 33. § i; "^ lasm, No. 63, § 2; commenced against him in the name of the state to recover ^-s. 13, §32; r. 1797, " p. 295, § 22; R. 1787, such fine. pAbe. Sec. 865. Women twenty-one years of age may be elected or women eligible to what appointed to the office of clerk of a town, or to the office of treas- woi.No. 56, § i; 1900, No. 44, § 1; V. 8. urerof a town, or to both of said offices, and may be appointed § 2982; R. l. § 2659; •' '^^ 1880, No. 104. town superintendent of schools, if they have resided in such town one year next preceding such election or appointment. Sec. 866. In towns of less than four thousand inhabitants, Ltthen."""' '^"'" the moderator, town clerk, selectmen, treasurer, overseer of the.^g^j^ilf'i^^^g^/y poor, constable, school directors, listers and grand jurors, shall befi5'>/8^4'j^;.^9|%06, elected by ballot, when required by three voters present. fh^^^' ^' ^^^'' ^'^^' Sec. 867. The selectmen may fill a vacancy in any town *'*«an"«s; selectmen may •^ •'J appoint to fill. office, until an election is had, and a record of such appointment Xi'^-S^ass; r. l. ^^ §2668; 1878, No. 85, §3; shall be made in the town clerk's office. 1872, no. 57; i87o, No. 34; G. S. 15, §§ 22, 41 ; R. S. 13, §§ 21, 37 ; 1823, p. 24 15 Vt. 653. Sec. 868. The selectmen shall, before the constable, road Bj>n"Js required of town oracers; omce vacant if commissioner, school directors, collector of taxes, treasurer and "•* g'ven- V. S. § 2994; 1892, No. clerk, enter upon .their official duties, and, in towns voting to56,§3; isse No 43; r. require the overseer of the poor to give such bond before the ,H- '^ • i^, '§§26, 27,28, i'9'; ^ f o 1854, No. 18; R. S. 13, overseer enters upon his official duties, require each to give af§326; i8i«. p- n6; '^ ' ^ & 1804, p. 102; R. 1797, bond to the town in sufficient sums and with sufficient sureties, p.- 286,§ 6. 1 vt. 232. 55 Vt. 446. conditbned for the faithful performance of their duties ; and if |* ^t. 355. 57 vt. 92. the selectmen at any time iudge any bond to be insufficient, -^o ^*- 1^^. 65vt. 445. *'''''•' 54 vt. 395. they may in writing require the officer whose bond is insuffi- cient to give an additional bond in such sum as they deem necessary ; and if any officer neglects, for ten days after request, to gi/e such original or the additional bond, his office shall be vacait. ' Sec. 869. LTpon the written demand therefor of twenty ^'««t'»" ''y'>''»"ot«^"l*'^" '■ •' omcers on demand, when; vote's, filed in the town clerk's office at least twelve days before "«' »f "•*«'■«: p'nraiity the annual meeting, the moderator, town clerk, first constable, Y-^- 1 2984; 1888, no. 146, § 2. K. Li. §§ 2662, sele3tmen, road commissioners and school directors shall be elected f^^, 2666; 1865, no. ' 42; 1864, No. 17, §§ 1,2, by oallot upon one ticket, and a list of the names of persons vot- 3, 4, 8, 9. ing shall be kept by the town clerk, his deputy, or a member of the board of civil authority designated by him. The person hav- ing the greatest number of votes for any office shall be declared el3Cted to that office. If two persons receive such greatest num- b3r, further ballotings shall be had, if demanded, until an election is made. Sec 870. When the office of a selectman, town clerk, over- Records, etc., to be delivered -,, .. iij-j^i ,to successor ; penalty. seer of the poor, town treasurer or school director, becomes vacant v. s., § 3061; by expiration of the term of office of the incumbent, or otherwise, i884,' No. 25';' g.s. '15, ' and a successor is elected or appointed, he shall, on demand, be - • > > entitled to receive the records, files, books and papers of such 66 MISCELLANEOUS PROVISIONS. f^' b' 1797^ p%V9^' ^*^^^' ^^ property of the town belonging thereto, from the last 1 22; p. 284, § 3; p. 295, incumbent of the office or anyone having possession of the same. A person having such records, files, books, papers or other prop- erty in his possession who refuses for ten days after such demand to surrender the same, shall be fined ten dollars for each week's negrlect. Officers to settle annnall; ; penalty. V. S., §30fi2; 1892, No. 56, §14; R. I.. §2734; 1880, No. 113, § 3. Sec. 871. Selectmen, town treasurers, town clerks, overseers of the poor, road commissioners, school directors, collectors of taxes and all persons authorized to receive or disburse moneys belonging to a town, shall, annually, settle their accounts with the auditors of such town on or before the first Tuesday of March. If any such officer refuses or neglects to make such settlement in any year, he shall be ineligible to re-election to the same office for the year ensuing. Penalty for pnblubing or exhibiting. 1896, No. 110, §1; V. S., § 5068. Penalty for posting obscene pictures, etc. 1896, No. 110, §2; V, 8., § 5069. RELATING TO OBSCENE BOOKS AND PICTURES. Sec. 872. A person who imports, prints, publishes, sells, lends, circulates, distributes, exhibits, or introduces into a family or place of education a book, print, picture, or other thing which is obscene, lewd, or indecent, or which contains obscene, lewd, or indecent language, prints, pictures, figures or descriptions, or which manifestly tends to the corruption of the morals of youth ; or who buys, procures or has in his possession any sucli book, print, picture, or other thing, with intent to sell, lend, circulate, distribute or exhibit the same, or to introduce it into any family or place of education, shall be imprisoned not more than one year or fined not more than two hundred dollars. Sec. 873. A person who posts or publicly exhibits anj pic- ture, figure, print, description, or language which is obtcene, lewd, indecent, or manifestly tends to the corruption of the morals of youth ; or who as owner, manager, director, agent, or in any other capacity prepares, advertises, gives, presents, or participates in any obscene, lewd, indecent, immoral show or entertainnent or a show or entertainment manifestly tending to corrupt the morals of youth, shall be imprisoned not more than three months or fined not more than two hundred dollars. \ Penalty for allowing minor to play, against parent's request. V. S., § 4869; 1892, No. 84; 1882. No. 53; R. L. §4074; 1870, No. 61, § 6. PUPILS NOT TO PLAY AT POOL OR BILLIARDS. \ Sec. 874. If the owner or keeper of a public pool or billiald table, or bowling alley, permits a minor to play upon such tables or alley, after the parent or guardian of such minor, or th« principal of an incorporated or private school of which such minor is a pupil, has requested in writing such owner or keeper \ not to permit such minor so to do, he shall be fined not less than ten dollars for each time he allows such minor to play upon such ^ tables or alley. / OF TH£ '^ MISCELLANEOUS PROVISIONS. ^^4^^iI:-:ii£»^ 57 INJURIES TO BUILDINGS AND THEIR APPURTENANCES. Sec. 875. A person who wilfully and maliciously breaks a To bniidings, fences or walls, door or window of, or otherwise iniures, a dwelling: house or other r.' l.'§ 4199;' g. s. m, , .,,. , . . . , r^ • -v x: §§ 48, 52, 53; 1856, Duilding, whether occupied or not, or a sign thereon, or a fence no. 43; 1853, no. 31, or wall, not being his own property, or disfigures the same withi842, no.'36;'r. s. 95, . , ' , . ^ f ^-u -^ ■^- • ^- § 25; R. 1797, pp. 187, pamt or otherwise, or defaces the same by writing, printing or i89, §§ 1, 3. painting thereon any obscene word, figures or devices, shall be imprisoned not more than ninety days, or fined not more than twenty dollars, or both ; and the offender shall be liable to the owner for the damages and the same may be recovered, in an action upon this statute. Sec. 876. A person who carelessly and without malice injures wuhont malice, to pnwic or defaces any part of a building belonging to a county or town, v. s., § 5010'; or the appurtenances thereof, or any public building, hall or§60;'i856, N'0.42. room, by cutting, writing, marking, standing in the windows, or in any other manner, or injures the furniture, fence, yard, posts, grounds, shade trees or shrubbery connected with such building, or fastens a horse or other animal to the fence, posts, or trees about the same or posts bills, placards and notices upon such building or its appurtenances, or upon the fence or trees be- longing thereto, whereby any defacement results, shall be fined not less than two dollars. Sec. 877. A justice of the county shall have concurrent Justice's jurisdiction. •' "^ V. 8., §5011; jurisdiction with the county court of offences mentioned in the R- l- § 4J'J2; i878. •^ -^ No. 68, §2; 1863, No. 9; three preceding sections, to the extent of fining the respondent «s. 113, §54; twenty dollars, or may bind the offender over for trial. RELATING TO BUILDINGS, GROUNDS, SHADE TREES, ETC. Sec. 878. A tramp who enters or attempts to enter a dwell- f«naity for forcible entry, ^ ^ bnilding nres, carrying ing-house or premises against the will of the owner or occupant wsap?"*- «5 threat«ning. thereof, or having entered persists in remaining against the will of }^^' \%-2l''} ^' the owner or occupant, or kindles a fire in an outbuilding, school- is^s, no. 14, § 3. house or other public or unoccupied building, or on the lands, or in the public highway adjoining the lands, of any person between the first day of May and the first day of December, without the consent of the owner or occupant thereof, or who is found carry- ing a fire-arm or other dangerous weapon, or threatens to injure persons or property, shall be punished by imprisonment in the state prison, not exceeding two years, nor less than six months. Sec. 879. A person who turns cattle, horses, sheep or swine ^nrning animals int« yard into a yard belonging to a town house, church or schoolhouse, which ^^'fy-. ^^g^ . is properly enclosed, or knowingly suffers them to run therein, f'^'^g^\^^'r,g' ^^^' shall be fined not more than ten dollars, and not less than three doUars, to the use of the town. 58 MISCELLANEOUS PROVISIONS. Penalty for setting up alley near school or church. V. 8., §486'<; R. L. § 4072 ; 1876, No. 99, §§ 1, 2. To trees and shrnbs in school groundx. V. S., §5018; B. L. §4304; G. S. J 13 §53; 1853, No. 31, § 1. Barbed wire fence aronnd schoolhoDse. V. 8., §51.58; 1892, No. 104, §§ 1, 2. Sec. 880. If a person as owner or keeper sets up or uses a bowling alley, upon land adjoining the land on which a school building, college, academy or church is located, he shall be fined twenty dollars to the use of the county in which the offense is committed, for each day or time he permits said alley to' be used. Sec. 881. A person who injures a shade or ornamental tree or shrub standing upon the grounds belonging to a schoolhouse or academy, by cutting or breaking the same, or by fastening a horse or other animal thereto, shall be imprisoned not more than ninety days, or fined not more than twenty dollars, or both; the offender shall be liable to the owner for the damages, and the same may be recovered in an action upon this statute. Se(^ 882. A person who builds or maintains a barbed wire ^ence around any schoolhouse yard shall be fined not more than fifty dollars and not less than twenty dollars. DISTURBING MEETINGS AND SCHOOLS. Disturliing a lawfnl mefting or school. V. 8. §5044; R. L, §4229; G. S. 116, §10; 1854, No. 115; R. S.98, §10; 1821. p. 10; R. 1797, p. 185, § 19. Remaining at or near a school to annoy. Jurisdic- tion. V. 8. §5049; R. L. §4230; 1870, No. 60. Sec. 883. A person who by a disorderly or unlawful act dis- turbs a town, so(;iety or district meeting, or a school, or any meeting lawfully assembled, or by force, or menace interrupts the business of such meeting or school, shall be fined not more than one hundred dollars. Sec. 884 A person over ten years of age, not connected with the school, who annoys or disturbs a school by remaining at or near it, or by not departing on request of the teacher, prudential committee or school directors, shall be fined not more than twenty dollars. Justices shall have jurisdiction of oftences under this section. INDEX. SECTION. A Abatement of School Taxes, district may vote, ' 843 board for abatement, ..... S44 Academies, required to receive pupils from towns, - - 693a directors required to provide instruction in when no high school maintained, .... 694a defined, 696a disagreement as to standing of superintendent of education to decide, 697a to furnish statistical information, - - - 731 Age, of legal pupils, 709 compulsory school, 711 Appropriations, normal and training schools, - - - - 632a special for apparatus, etc., .... 633a Attendance, school, what children required to attend, - - - 711 child under fifteen not to be employed when, - 712 illiterate child under fourteen not to be employed, 713 penalty for violation of three preceding sections, 714 town superintendent to inquire into employment of children, 715 teacher to notify truant oflQcer, _ . . 716 child may be sent to industrial school if parent unable to control, 717 child not properly clothed overseer to provide, - 717 INDEX. SECTION. Attendance, school, — Continued. child may be sent to industrial school if conduct is pernicious, 718 non-resident subject to same authority as resident pupils, 718a truant officer to investigate cases on non-attendance, 716 to complain of parent who neglects to obey notice, 719 form of complaint, 720 penalty for neglect of duty under truancy law, 721 Attendance upon Institutes, teachers allowed four days for - - - - 707 Auditor, School District, duties of, - - 791 Barbed- wire Fence, penalty for building around school yard, - - 882 Bennington Battle Day, August sixteenth to be called, .... 862 legal holiday, 861 Billiards and Pool, penalty for permitting pupils to play, - - - 874 Board of Health, to make sanitary regulations concerning school houses, 857 Bonds, school directors', 868 Bowling Alley, penalty for setting up near school house, - - 880 Branches, required to be taught in common schools, 683, 822 required to be taught in high schools, - - 692a Board of Pupils, school directors may provide, .... t)85 Boundaries, change of in incorporated districts, - - - 807 INDEX. SECTION. c Census, School, clerk of school board to take annually, - - 680 school district clerk to take annually, - - 835 Certification of Teachers, Normal school commissioners to give certificates to graduates, 630a may revoke such certificates, - - . . 630a no person to teach a public school without certificate, 644 person under seventeen not entitled to, - - 644 certificate of graduation from normal school in this state a license to teach, 645 renewal examination, 646 holder of ten-year certificate or two five-year certi- ficates may receive life certificate, - - - 647 graduate of normal school in another state entitled to first grade, 648 kindergarten graduates licensed without examination, 648a certificate procured contrary to law void, - - 649 no person to be employed or paid as teacher without, 651 examiners' certificates. requirements for first grade, .... 652 for second grade, - - - 653 for third grade, .... 654 special second grade without examination, - 653 third grade certificates may be endorsed, - - 654 persons having received two third grade certificates when not entitled to another, - - - 654 limited third grade on private examination, - 655 extended while teacher remains in same school, 657 graduate of approved college entitled to certificate without examination, - - - - . - 658 same may be renewed, when, .... 658 graduate of approved secondary school entitled to certificate, when, 659 life or unlimited certificates, when issued, - 660 certificates may be revoked for cause, - - 663 Clerk of School Board, board of directors to appoint ; duties, ... 679 INDEX. SECTION. Clerk of School Board, — Continued. directors to act as in case of absence or disability, 677 to take school census annually, . . . . 680 teacher to notify concerning certificate before be- ginning school, 661 penalty when parents refuse to give required infor- mation, 681 to procure, care for and return register, - - 682 to furnish superintendent of education certain in- formation, 695a to provide teachers with school registers, - 725 to examine registers when returned, - - - 726 to fill out and return registers to town clerk, - 727 penalty for failure to make returns, - - - 864 Clerk, School District, duties of; penalty for neglect, - - - . 789 to notify town clerk of his election, . . . 790 absent or disqualified prudential committee to act, 795 vacancy in office, how filled, - - - - 798 to record warnings before posting, . . . 801 to warn school meetings, 802 penalty for neglect, 805 to prepare census of school children, - - - 835 to discharge duties prescribed for clerks of school boards, 886 penalty for making false entries in school register, 853 office of vacant, how district meetings called, - 854 how writ against district served, - 855 statute of limitations does not run, - - 856 penalty for failing to make returns, - - - 864 Collector of Taxes, district may elect town collector as, - - - 787 duties of, 791 vacancy in office, how filled, 798 to notify where and when tax is payable, - 842 to have powers of town collector, . - - - 845 to settle and submit tax book, when, - - 846 Compulsory Attendance, 711, 722 (See also attendance. School.) INDEX. SECTION. Contract for Teaching, void if teacher begins school without certificate, - 644 void if teacher fails to notify clerk concerning certificate, 661 Conveyance of Pupils, School directors may provide, - - - - 685 appeal to selectmen in case of refusal or disagree- ment, 685 prudential committee may provide, - - - 829 County Examiner, 610, 614 (See also Examiner of Teachers) Courses of Study, in ungraded schools to be prepared by superinten- dent of education, -..-.. 607 to be furnished teachers with school registers, - 608 two copies tp be sent to each school officer annually, 609 D Damage to School Property, parent or guardian to make good, - - - - 771 penalty for injuring building, fence or wall, - 875 penalty for defacing public building or its appur- tenance, 876 Directors, School, to appoint town superintendent and fix his com- pensation, 615 may remove him when unfit, - - - - 616 may direct superintendent to visit schools, - 618 may unite with directors of other towns to elect superintendent, 622 to present bill to state for part of salary of super- intendent, when, 625 not to employ or pay teachers without certificate or permit, 651 to locate and construct school houses, - - 668 election and term of office of, . . . . 669 number in certain cases to be reduced, - - 670 selectmen temporarily to fill vacancy, - - - 671 to be sworn ; to elect a chairman, - - - 672 INDEX. SECTION. Directors, School, — Continued. powers and duties of the board, - - - - 673 to recommend amount of money necessary for school purposes 674 have power to purchase or sell school property, when, 675 to report their accounts and doings to the town, - 676 to perform duties of clerk in case of absence or disability, 677 compensation to be fixed by the town, - - - 678 to appoint a clerk and fix his compensation, - 679 to determine the time and place of holding schools, 673, 685 may provide conveyance or board of pupils, - 685 may provide instruction in vocal music, - - 686 may receive pupils from other towns, - - 688 to provide instruction in adjoining town where pupil can be better accommodated there, - - 689a appeal to examiners when directors cannot agree as to tuition, 689b towns may authorize to provide higher instruction in academies or high schools, . . . - 690 to provide high school instruction for advanced pupils, - - - 694a separate ballots for in towns of more than four thousand, 704 may establish kindergarten schools, - - - 709 may arrest truants, 718 chairman of board to fill out registers, - - 727 to provide all appliances, supplies and text books, 769 to make regulations concerning text books and supplies, 770 duties of concerning text books ; penalty for neglect, - 771 with superintendent to select text books, - - 773 may agree with land owner to refer question of land damage, 815 to make returns to town clerk ; penalty for neglect, 850 penalty for making false certificate, - - 853 shall be elected by ballot, when ... 866 required to give bonds, . . . . 868 INDEX. 8ECTI0H, Directors, School, — Continued. to be elected on ticket with other oflBcers, when, 869 office vacant, successor entitled to books, etc., - 870 to settle with town auditors annually, - - 871 Districts, (See School Districts.) Disturbance of Schools, penalty for, 883, 884 Division of Public Moneys, state school tax, how divided, . - - - 762 legal school for, defined, 763 between town and incorporated school district, 848 £ Educational Meetings, may be held, when ; limit of expense, - - 602 Elections, of school directors, general, 669 in towns of more than four thousand inhabi- tants, 704 three voters may require ballot for, ... 866 Employment of Children, child under fifteen not to be employed, when, - 712 under fourteen not to be employed, when, - - 713 penalty for unlawful, 714 town superintendent to inquire concerning, - - 715 Evening Schools, school districts may establish, .... 834 adults may attend by payment of tuition, - 834 Examinations, questions for to be prepared by superintendent of education, 605 public to be held by the examiner at convenient times and places, 649 applicant failing in, not entitled to another for three • months, ........ 649 to be both oral and written, . . . . 650 INDEX. SECTION. High Schools, towns may establish and maintain, - - - 691a shall be kept at least thirty-three weeks, - - 692a shall fit students for college, . . . . 692a town having graded school or academy may pro- vide high school instruction therein, - - - 693a directors to provide instruction in academy when town maintains no high school, ... 694a defined, 696a superintendent to decide concerning standing of, when, 697a Holidays, teachers not required to teach on legal, - - 708 legal, what are, - 861 Huntington Fund, how managed, 749 interest to be apportioned to towns, - - 750 divided as other public money, - - - - 751 state treasurer's account with to be audited an- nually, 753 Incorporated 'School Districts, may unite with town in election of town superin- tendent, 624 graded school in, defined, 656 not affected by provisions of Chapter 36, - - 665 voters in not to vote on town school matters, - 666 required to receive high school pupils from town, 693a officers and teachers of, subject to provisions of general law, 729 time of holding meetings not affected by general law, 806 change of boundaries of, 807 duties of clerk of, 836 provisions of Chapter 44 not to affect charters of, 837 share of public moneys, 848 Injury to Buildings, penalty for, 875, 876 INDEX. SECTION. Injury to Trees, penalty for, 881 Institutes, superintendent of education to hold, . . . 598 may call upon examiner to assist, - 599 special attention to be given to training teachers, - 600 expense not to exceed thirty dollars per day, - 601 examiner to arrange for holding, - - . - 611 teachers allowed four days to attend, - - 707 Instruction, in public schools, - 683, 822 in schools of another town, - - - 689a, 829 Kindergarten, school directors or school boards may maintain, - 709 considered public schools, when, - - - 709 teachers of, may receive five year certificate with- out examination, 648a districts may maintain, 832 Labor Day, first Monday in September to be called, - - 862 legal holiday, 861 Land, for school houses and grounds, .... 812 Languages, certain districts may provide instruction in, - 826 Legal School Age, includes all persons between five and eighteen, - 709 child under five not to be received, - - 709 person over eighteen not to be deprived of school privileges, 709 Legal Holidays, (See Holidays.) Legal School, for purpose of division of public money defined, 763 INDEX. M SECTION. Maintenance of Schools, (See Town System.) Meetings, annual school meetings, when held, - - - 800 special school meetings, how warned, - - 800 to be warned by clerk, 802 as applied to school district meeting defined, - 804 penalty for failure or neglect to warn, - - 805 Memorial Day, exercises in schools commemorative of, - - 684 Moderator, duties of, 788 N Normal School Commissioners, governor to appoint, ---.-- 627a board of to meet and organize, .... 628a treasurer of board to give bonds, - - - 628a compensation of, 629a to have care of normal and training schools ; deter- mine conditions of admission and graduation; select and employ teachers, . . . . 630a may revoke normal school certificates, - - 630a treasurer to receive and disburse money, - - 631a to provide for training schools, - - - 631a to report biennially to General Assembly, - - 631a to approve secondary schools having teachers' course and prescribe examination, - - 659 Normal and Training Schools, continued until August, 1920, .... 626 appropriation for support of, - - - - 632a for apparatus and supplies for, - 633a admissions to and free tuitions in, - - - 634a certificate of graduation from is license to teach, 645 graduates from lower course may have re-examina- tion and new certificate, 646 INDEX. SECTION". Normal and Training Schools, — Continued. graduates may have unlimited certificate, when, 647 graduates of in another state entitled to certificate without examination, 648 O Obscene Books, Pictures and Language, penalty for circulating, exhibiting, or introducing into place of education, - - - - 872, 873 Office, School District, duties of last incumbent, when vacant, - - 799 Overseer of Poor, to provide clothing for pupils, when, ... 717 penalty for failure, . . . . . 721 Permits, to be issued by examiner on examinatin conducted by town superintendent, 662 not more than six in any town during school year, 662 person having received one not entitled to another, 662 Private Examination, examiner may grant, when ; fees, ... 555 Prudential Committee, school districts may elect three, ... 734 term of service at first election, .... 785 districts may reduce number, ... 786 to provide suitable place for school, ... 792 may employ and discharge teachers, - - 793 may permit use of school house for other purposes, 794 to perform duties of clerk, when, - - - 795 to draw orders upon treasurer, .... 796 liable to district for unauthorized payment, - 797 vacancy in office, how filled, .... 793 to warn school district meeting, when, - - 802 penalty for neglect, - - - - 805 may agree with land owner to refer question of damage, 815 may provide instruction in vocal music, 823 INDEX. SECTION". Prudential Committee, — Continued. may provide higher instruction, when, - - 825 to designate school pupil shall attend, - - 827 may employ special supervisor, when, - - 828 may provide instruction in adjoining districts, when, 829 may admit pupils from adjoining districts, when, 830 may permit non-resident pupils to attend high school, 883 to assess taxes voted by district, - : - - 840 may omit names of poor persons in assessing tax, 843 to have same authority as selectmen in collecting taxes, 845 may require collector to pay over taxes collected, 846 to make returns to town clerk ; penalty for failure, 850 penalty for making false certificate, - - - 853 office of vacant, how district meetings called, - - 854 how writs against district served, - - - 855 statute of limitations does not run, ... 856 Public Money, United States deposit money, - - 736, 748 Huntington fund, 749, 753 town school fund, 754, 757 state school tax, 758, 764 district providing instruction elsewhere entitled to share, 831 selectmen to divide on or before September 10th, 848 how divided between town and incorporated school district, 848 not to be paid unless law is fully complied with, 849 nor unless returns are properly made, - - 850 selectmen to lodge statement with town clerk, 852 penalty for distributing to a district not entitled to share, - - 853 Pupils, directors to designate what school to attend, - 673 to have equal advantages, .... 685 may attend school in adjoining town, - - - 689a appeal to examiner in case of disagreement, - 689b to attend in district where he resides, when, - 833 INDEX. B SECTION. Registers, superintendent of education to provide, - - 723 to transmit to town clerks, 724 clerk of board to procure and care for, - - 682 teacher to procure before commencing school, - 725 duties of teachers and officers concerning in incor- porated districts, 729 Reports, superintendent of education to general assembly, 603 printing and distribution of same, - - - 604 examiner of teachers to superintendent of educa- tion, 614 Returns, to be made by town clerks, - . . . . 730 to be made by academies and grammar schools, 731 S Saloon, prohibited within 200 feet of school, - - - 860 Schools, directors to designate what pupils shall attend, - 673 pupils to be given equal advantages, - - 685 number and location to be determined by board of directors, 673, 685 number of to be certified by town clerk, - - 761 grand juries to inquire if towns have complied with law as to support of, - - - - 765 town superintendent to make complaint for neglect to comply with law, 766 districts may provide additional, . . . 824 penalty for disturbing, - - - - 883, 884 School Age^ legal pupil defined, 709 no child under five received as pupil, - - 709 no person under 21 to be deprived of high school advantages, 697a School Attendance, (See Attendance.) INDEX. SECTION. School Directors, (See Directors.) School Districts, abolished except for settlement of pecuniary affairs, 664 certain districts not affected, . - - . 665 organization of in unorganized towns and gores, - 779 method of calling first meeting, ... 7 go record of proceedings, 781 legally organized, powers and duties. - - 782 officers of, election and term of office, - - 783 may elect prudential committee of three, - 784 term of office at first election, - - 785 may discontinue committee of three, - - 786 may elect town collector as collector of taxes, - 787 may assess tax for school purposes, - - - 808 may elect special committee to hire or build school house, 809 may determine location of school house, - - 810 may sell school house or land, - - . . 820 may vote to provide instruction in vocal music, - 823 may provide additional schools, - - - 824 higher instruction in, - - - - 825 instruction in foreign languages, - 826 assignment of pupils in, - - - - 827 may provide special supervision, - - - 828 may authorize committee to provide instruction in adjoining district, - - - ' - - - 829 entitled to share of public moneys, - - - 831 may provide kindergarten schools, .... 882 may establish evening schools, ... 834 clerk of to prepare census of children, - - - 835 grand list of, how made up, - - - - 838 may raise tax for support of schools, - - - 839 may allow deductions from tax, - - - 841 may abate taxes and exempt poor people from taxation, 843 assessment of tax to pay execution against, - 847 to receive full amount of its school moneys, when, . 851 calling meeting to settle affairs of, when offices are vacant, 854 INDEX. SECTION". School Districts, — Continued. service of writs upon when offices are vacant, - 855 statute of limitations does not run against, when, 856 School Houses, town to take charge of, 667 town to provide and maintain, - - - . 668 board of directors to have charge of, - - - 673 directors have power to purchase or sell, when, 675 school directors may purchase, hire or build, - 808 may elect special building committee, - - 809 may determine location of, 810 in case of disagreement, selectmen to locate, - 811 condemnation of land for when owner refuses to sell, 812 selectmen to fix time for removal of buildings, - 813 to cause order and survey to be recorded, - 814 question of land damage may be referred, when, - 815 interested persons may appeal, - - - 816 proceedings in county court on appeal, - 816, 817 if land is mortgaged, 818 when title to land vests in district, - - - 819 district may sell, 820 state board of health to make sanitary regulations concerning, 857 penalty for failure to comply with such regulations, 857 duties of health officer concerning, - - - 857 licensed saloon prohibited within 200 feet of, - 860 penalty for hijuring or disfiguring, - - 875, 876 for kindling fire in, 878 for turning cattle, horses, etc , into yard of, - - 879 for setting up bowling alley near, - - - 880 for injuring trees or shrubs in grounds of, - - 881 for building barbed wire fence around, - - 882 School Regulations, directors have power to make, .... 673 School Supplies, to be furnished at expense of town, / - . 769 School Taxes, (See Taxes.) INDEX. SECTION. School Year, , defined, 705 district to maintain at least 28 weeks of school in, 706 time spent by teacher at institute not deducted, 707 holidays not deducted, 708 Selectmen, may fill vacancy in board of directors, - 671, 867 to hear appeals from decision of directors, as to board or conveyance of pupils, - - - 685 to appoint truant officers, 710 to call special town meetings to consider school matters, 728 to take bonds from trustees of public moneys, - 739 to have charge of town school fund, - - 754 duties of, in management of - - - 755 to divide state school tax, when, - - - 762 to locate school houses, when, ... 811 to appraise land condemned, - - - - 812 to fix time within which building shall be removed, 813 to cause record of order and survey to be made, 814 to apportion and adjust debts and property of frac- tional districts, 821 to divide public money on or before September 1 0th, 848 to examine registers before making division, - 849 to lodge statement with town clerk, . - - 852 penalty for distributing public money to district not entitled thereto, 853 to preside at school district meeting, when, - 854 to require school directors to give bonds, - 868 Service of Process, upon school district when offices are vacant, - 855 State School Tax, tax of eight per cent, to be assessed annually, - 758 state treasurer to apportion to towns, - - - 759 duties of officers in relation thereto, - - - 760 portion of reserved; remainder divided, how, - 761a sum reserved, how divided, - - - - 761b state treasurer to divide remainder, - - - 762 what list basis for apportionment, - - - 764 INDEX. SECTION State Teachers' Association, teachers allowed four days to attend, ... 707 appropriation for support of, - - - - 858 state auditor to draw order on requisition of super- intendent, 859 State Treasurer, to receive United States deposit money, - - 736 to reapportion same every ten years, - - - 737 to pay over such money to trustees of public money, 738 may require return of United States deposit money, 745 to settle and adjust claims growing out of United States deposit money, 748 to manage Huntington fund, - - - - . 749 to apportion interest to towns, etc., - - - 750 account with Huntington fund to be audited an- nually, . - 753 member of board for division of portion of state school tax, - - 761b to divide remainder of state school tax, - - 762 Studies, required to be taught in common schools, - 683, 822 directors may provide instruction in vocal music, 686, 823 Summer Schools, superintendent of education and examiner may h\)ld, 598 two or more counties may unite, ... 598 Superintendent, (See Town Superintendent.) Superintendent of Education, elected biennially by General Assembly, - - 595 general duties of, 595 vacancy in office filled by governor, - . _ 595 shall have an office in state house, - - - 596 may employ clerk and clerical assistance, - 596, 596a salary and expenses, .... 596a, 597 to hold institutes and summer schools, - - 598 may call upon examiner to conduct institute, - 599 may employ skilled instructioA, - - - 600 to pay expense of institutes, - - - - 601 INDEX. SECTION. Superintendent of Education, — Continued. to visit each county annually; deliver lectures and hold educational meetings, . - - . 602 to report biennially to General Assembly, - - 603 printing and distribution of report, - 604 to prepare questions for examination and blank cer- tificates, 605 shall fix the standard of qualifications, - - 605 shall make sworn statement of expenses quarterly, 606 may prepare course of study for ungraded schools, 607 shall cause same to be printed and distributed, - 608 shall send two copies to each school officer annually, 609 may issue circulars of educational information, - 609a state auditor to draw orders for printing, - 609b with governor, to appoint examiner of teachers, - 610 may call meeting of examiners, - - - 611 with governor, may remove examiner, - - - 613 ex officio member of board of normal school com- missioners, 627a, 630a to establish courses of study for normal schools, - 643 to issue certificates, if examiner is unable to do so, 650 to outline course of study for teachers' course in secondary schools, - - - - - 659 to act with examiners in granting unlimited certifi- cates, 660 may revoke certificates granted by him or by normal and training schools, 663 to determine standard of high schools and acade- mies ; fix qualifications of pupils to receive free tuition, 697a to prescribe forms for registers, - - - 723 to transmit registers to town clerks, - - - 724 to furnish blanks for statistical reports, - - 730 to procure statistics from academies and grammar schools, 731 to furnish town clerks blank for reporting num- ber of legal schools, 761 to transmit such reports to state treasurer, - '761 member of board for division of reserved portion of state school tax, 761b INDEX. SECTION. Superintendent of Education, — Continued. to direct expenditure of appropriation for state teachers' association, 858 state auditor to draw orders on requisition of, - 859 T Taxes, grand list of town district, how made up, - - 733 town treasurer to keep separate account of school moneys, 735 of school district, how raised, - - - - 839 how assessed, ... 840 district may allow deduction, - - - - 841 collector to notify where and when tax is payable, 842 abatement of, 843, 844 assessment of to pay execution, - . . . 847 collection of by treasurer, .... 863 Teacher, to procure certificate or permit before opening school, 644 person under seventeen not eligible as, - - 644 town superintendent may dismiss if unfit or in- competent, 621 to receive pay to time of dismissal, - - 621 not to be employed or paid unless he exhibits cer- tificate or permit, 651 remaining in same school, certificate extended, when, 657 to notify clerk of board concerning grade, etc , of certificate before opening school; contract void for failure, 661 certificate of may be revoked for cause, - - 663 to be employed by majority of board, ... 673 allowed four days to attend institutes, - - 707 not required to teach on holidays, - - - 708 to notify truant officer of truancy, - - - 716 to procure register before commencing school, - 725 to keep register and return to clerk of school board, 725 not entitled to compensation until register is ex- amined and certified, 726 duties of in incorporated district as to register^ 729 penalty for accepting gratuity, - - - - 778 INDEX. SECTION Teachers' Certificates, (See Certification of Teachers.) Teachers' Institutes, (See Institutes.) Text Books, to be furnished at expense of town, ... 769 directors to make regulations concerning, - 770 payment of damages when lost, destroyed or in- jured, 771 by whom selected, 773 penalty for accepting a gratuity for recommending, 778 Town Clerk, to receipt for registers, 724 registers when completed to be filed in office of, - 727 to make and return school statistics, - - 730 compensation for same, 732 to certify number of legal schools maintained dur- ing year, 761 to call meeting of school district, when, - - 854 to prosecute clerk of school district or school board for neglecting to make returns, ... 864 Town High School, (See High Schools.) Town Meeting, special to consider school matters called by select- men - - - - - - -- - 728 Town School Fund, selectmen to have charge of, - - - - 754 duties of selectmen in management of, - - - 755 tax- payer may take acknowledgment of deed con- cerning, - - .... 756 securities to be deposited with town treasurer, . 757 Towns, two or more may unite to employ skilled superin- tendent, - - 622 directors to constitute joint committee, - - 623 may unite with incorporated district, - - 624 may authorize directors to provide higher instruc- tion, 690 INDEX. SKCTION. Towns,- Continued. may establish high school, - . . . 691a . may provide instruction in graded school or academy, ----... 693a to receive from the state portion of tuitions paid for high school instruction, . . . . 695a Town System of Schools, each town to constitute one district, ... 664 incorporated school districts not affected, - 665 voters in not to vote on town school matters, - 666 towns to take charge of school houses, - - 667 to pay outstanding debts for school property, - 667 to provide and maintain school houses, - - 668 to maintain at least 28 weeks of school each year, 683, 706 subjects required to be taught, - . - . 683 town and graded school districts may unite, - 708 Town Superintendent, appointed annually by board of school directors, - 615 compensation fixed by board, - - . 615, 620 may be removed by board, 6l6 term of office, 617 shall visit schools at least once each term, - - 618 note methods and advise teachers, . . _ gis observe the conditions of buildings and grounds, - 619 ascertain if school is supplied with text books and materials, 619 make recommendations to directors, - - 619 make report to town at annual meeting, - - 620 may dismiss unfit or incompetent teacher, - 621 two or more towns may unite to employ, - - 622 when union is effected, how elected and paid, - 628 state to contribute portion of salary, ... 625 may hold examinations for issuing permits, - 662 to transmit papers forthwith to examiner, - - 662 may revoke permits granted by him, - - 663 to inquire into employment of children of school age, 715 to make complaint, if towns do not comply with the law relating to support of schools, - - 766 to assist in selection of text-books, - - - 773 INDEX. SECTION. Town Superintendent, — Continued. penalty for accepting gratuity, - - - - 778 women may be appointed as, - - - - 865 Town Treasurer, to keep separate account of school moneys, - - 735 to pay out such moneys on orders of school direc- tors, 735 to credit income of U. S. deposit money to fund, 743 to report at each annual meeting, - - - 750 to keep separate account of school fund, - 757, 863 Training Schools, incorporated graded school districts may establish, 643 certificate of graduation license to teach, - - 645 graduates from lower course may have further ex- aminations, 646 unlimited certificates, when granted, - - 647 Treasurer School District, duties of, 791 vacancy in office, how filled, • . - . . 798 Truancy, ^ (See Attendance.) Truant Officer, selectmen or mayor to appoint, - - - - 710 when none appointed, who act, - - - 710 to make complaint for non-attendance, - 714, 716 to inquire into non-attendance, - - - 716 may arrest truant and put him in school, - 716, 718 to have authority over non-resident pupil, when - 718a to complain of parent, etc., who does not comply with notice, 719 form of complaint, 720 penalty for failure to perform duty, - - - 721 compensation, 722 Trustees of Public Money, to execute bond to town, 739 to receive and manage U. S. deposit money, - - 740 to report to town at annual meeting, - - 740 may loan money, how, 7-il INDEX. U SECTION. United States Deposit Money, state treasurer to receive, - - - - - 736 to be apportioned to towns and gores, how, - 737 to be reapportioned every two years, - - - 737 to be paid over to trustees of public money, - 738 to be managed by said trustee, . . . . 740 town may authorize selectmen to borrow, - - 741 income to be paid to town treasurer annually, - 741 state treasurer to retain shares, when, - - 742 distribution of income when so retained, - - 742 income of to be credited to school fund, - • 743 town may use income for other purposes, when, - 744 towns liable to return, 745 liable to penalty for neglect, - . . . 746 grand jury to inquire into management of, - 747 state treasurer to adjust and settle loans, - - 748 Vacancies, selectmen to fill in oflQce of school directors, - 869 successor entitled to books, etc , - - - 870 Vermont Industrial School, child may be sent to, when, - - - 717, 718 Voters, in incorporated districts not voters in town school district, - 666 women entitled to vote on school affairs, - - 704 in school district meetings, 803 W Women, have same right as men to vote on school matters, 704 to hold school office, 704, 803 may be appointed town superintendent, - - 865 YE 00838