fyxmll Mmvmxi^ Jilrt;^tg THE GIFT OF '^yvu.ix.^^:^,^^ A. j:^AS:fi ^ '^l8lHliiSl'iiif,r,S„ite.,Sf, "^e* Hampshire o.in,an? ^^24 031 757 630 Cornell University Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924031757630 DIG-EST LAWS OF NEW HAMPSHIEE. PERTAIWIlfG TO COMMON" SCHOOLS, DECISIONS, FOEMS AND STATUTES. BT CHARLES R. MORRISON, MANCHESTER, N. H. M?w Hampshire STATE LIBRARY, MAY 31 1897 f^o ;..„l....„..„.l CONCORD: PUBLISHED BY B. W. SAJ^fBORN & CO. 1869. A' /3 6Sf6 Entered according to an act of Congress, in the year 1869, BY ii. W. SANBOBN A CO., In the Clerk's Office of the District of New Hampshire. PRINTED BY JOHN B. CLAKKE, MANCHESTEK, K. H. DIGEST OF SCHOOL LAWS. ANALYSIS OF CONTENTS. CHAPTEK I — School Money. C H AFTER II — School Districts. CHAPTER III — Meetings and Officers of School District. CHAPTER IV — School-Houses . CHAPTER V— School Committees and Teachers. CHAPTER VI — High Schools. CHAPTER VII — Scholars . CHAPTER VIII— Board of Education and Teachers' Institutes. CHAPTER I. SCHOOL MONEY. Amount required by law, s. 1. Literary fund, ' b3. 9-13. Districts may raise more, s. 8. Prudential committee, s. 7. How applied and to wliom paid, e. 3, Kailroad tax, s. 15. s. 4 (2), ss. 11, 12. Sklectmen to apportion money, ss. 4, 6. Towns may raise more, s. 2. State- Lands, proceeds of, s. 14. Apportioning, ss. 4, 6. Unincorporated places, ss. 10, 12. College grant, money of, s. 13. Wentworth's location, s. 13. Guardian and ward, s. 5. 1. Amount required by law. The selectmen in each town shall assess, annually, upon the polls and ratable estate taxable therein, a sum to be computed at the rate of two hundred and fifty dollars for every dollar of the public taxes apportioned to such town, and so for a greater or less sum.— Gen. Sts. p. 162, c. 77, s. 1. 2. Towns may raise more. The town, at any legal meeting for the purpose, may raise a sum exceeding the 4 SCHOOL MONEY. amount aforesaid, which shall be assessed in the same manner. — id. s. 2. 3. How APPLIED. Such sum, when collected, shall be appropriated to the sole purpose of keeping an English school or schools within such town, for teaching reading, writing, English grammar, arithmetic, geography, together with such other branches of English education as are adapted to the advancement of the school, including the purchase of necessary fuel for the school, and occasional repairs, as specified in this title. — id. s. 3. 4. The selectmen shall assign to each district a pro- portion' of the money thus assessed, according to the valuation of the district for the year, or in such other man- ner as the town, at the annual meeting, shall direct, and shall pay over the same to the prudential committee ^ of the district. — id. s. 4. (1) The power of the selectmen to apportion the school money is a continuing power, and a sum apportioned to a district that is afterwards divided, may he apportioned anew, so as to give to each of the new districts its just proportion. — 25R. 34, 40. (2) The school money is not that of the district, nor is the district entitled to the custody of it.— 33 Maine R. B43, 545. Yet it is now held that the district may sue the prudential committee after the expiration of his office, for money not expended by him. — Auburn vs. Sherburne, Rockingham adjourned term, August, 1868. A town has no authority to vote that a portion of the school money shall be refunded to an individual, to be expended in another town, nor to apply it to any other object than that for which it was raised. — 8 Gush. 68. 5. Guardian and ward. When the guardian and ward, reside in the same town, the selectmen shall assign the tax assessed upon the ward's personal property to the school district in which the ward lives and has his home. — id. s. 5. 6. Remedy against selectmen. If the selectmen of any town neglect to assess, assign or pay over the school money as aforesaid, they shall pay for each neglect a sum equal to that so neglected to be assessed, assigned or paid over, to be recovered by action of debt, in the name and for the use of the district, by the prudential committee. — id. p. 168, s. 6. 7. Against prudential committee. If the money so assigned and paid over to the prudential committee of any district is not expended by him according to law, he shall be fined a sum not less than the sum so unexpended or not legally expended, and not exceeding twice said sum, for the use of the district. — id. s. 7; Digest, p. 681, ss. 77,84, 85. See ante, s. 4 (2). SCHOOL MONEY. 6 8. Any district may raise money for the support of schools in addition to the tax required by law. — Gen. Sts. p. 165, c. 78, s. 18. 9. Literary fund. The treasurer shall assign and dis- tribute, in June annually, the literary fund among the several towns and places, according to the number of schol- ars of such towns and places not less than four years of age, who shall, by the report of the superintending school committee of the several towns and places returned to the secretary for the year preceding, appear to have attended the district common schools ift such towns and places for a time not less than two weeks within that year. — Gen. Sts. p. 176, c. 85, s. 5 ; Digest, p. 581, s. 77. 10. No UNINCORPORATED place shall receive such portion until a treasurer or school agent shall have been chosen, to receive and appropriate the same in the manner herein- after directed. — id. s. 6. 11. How APPLIED. The money received by any town or place shall be applied to the maintenance of common schools, or to other purposes of education, in addition to the sums required to be raised by law, and in such manner as the town shall direct. — id. s. 7. 12. Misapplication. If any town or incorporated place, or the agent of any unincorporated place, shall apply any sum of money so received to any other purpose than as aforesaid, the town, place or agent so offending shall refund double the sum so misapplied. — id. s. 8. 13. College grant, etc. The treasurer, in the month of June, annually, shall pay the literary fund assigned to the Second College Grant and Wentworth's Location to the prudential committee or agent of said Grant and Location, when duly authorized by the inhabitants therein, which shall be applied to the maintenance of common schools. — id. p. 177, s. 9. 14. State lands. By act of July 3, 1868, the proceeds of the sale of the state lands are set apart as a school fund, the annual income thereof to be applied to the purposes of common school education as the legislature may from time to time determine. — Laws of 1868, p. 153, c. 21. 15. Eailroad money. Under s. 8, c. 57, Gen. Sts., which SCHOOL DISTRICTS. provides that railroad money received from the state treas- urer " shall be appropriated as other town money," towns may apply the whole or a part to common schools. CHAPTEE II, SCHOOL DISTRICTS. Adjourned meeting, s. 28 (aj. Adjoining school districts, In the same town, ss. 4-8, 35, 36. In different towns, ss. 4-18, 35, 36. School money in each t»wn, s. 17. Taxes upon union districts, 'ss. 17,22-24, 35, 36, 37. Agents, districts may appoint, s. 26. Personally liable, when, s. 27 (a). Apportioning property and debts, ss. 21, 22. Form of apportioning, ss. 10 (a), 11 (a). Certificate of clerk, ss. 30, 31. Clehk, to certify money-vote, ss. 30, 31. Notanswerable forits correctness, s-31. Debts op, how contracted, ss. 26, 27 (a). When apportioned, ss. 21, 22. DiSIKICTS ABE 00KP0BATI0K3, B. 21. De facto, s. 3 (a). Division of districts, ss. 1-9, 17, 19, 20. Must be territorial, s. 1 (b). Must include the whole town, s. 1 (c). Kecord of, necessary, ss. 1, 5, 12. Votes for, forms of, ss. 1 (d), 6-8. Existing districts continued, ss. 3, 3 (a). Insuring sonooL-HousES, s. 29. Legality, when presumed, ss. 25, 37. Lines of districts changed, By committee and selectmen, ss. 5-20. By concurring votes, ss. 4, 6, 7, 8. May be restored, ss. 4, 14. New districts, how formed, ss. 1-19, £6, 36. Organization, when presumed, s. 25. Is necessary for protection of select- men, s. 31. Subsequent to suit, effect of, s. 25 (1 ), Order of notice, form of, s. 11. Towers op districts, ss. 4, 26, 27. Property and debts, apportioned, ss. 21, 22. Form of apportioning, ss. 10 (a), 12 (a). Recording proceedings, s. 12 {c). Keconsideration, effect of, s. 28 (a). School-houses, hiring money for, ss. 27, 28. Insuring school-houses, s. 29. In union districts, ss. 35, 36. Scholars, division of, ss. 33, 34. From out the district, s. 32. Selectmen, liability of, ss. 28 (a), 31. Suits against districts, s. 21. Inhabitants cannot defend, s. 26 (e). Tax upon school district, ss. 21-24, 28, 28 (a). Town, may divide into districts, ». 1, s. 1 (a), (b). Is one district, if not divided, s. 2. Trust property, s. 26 (c). Union districts, ss. 4-22. Union schools and school-houses, ss. 35, 36. Votes, forms of, ss. 1 (4), 5, 8. To be proved by record, s. 26 (d). 1. Towns mat divide, when. Towns not divided into school districts may be so divided by vote of the town, dis- tinctly defining each district by suitable boundaries duly recorded. — Gen. Sts. p. 163, c. 78, s. 1. (a) A division by a committee appointed by the town for that purpose is not suffi- cient without a vote adopting their report 3 R. )G8; 32 R. 129 ; 7 Met. 218. And our statute seems to require that the report should be recorded, although it is otherwise in Massachusetts (3 Allen, 409), in order that the boundaries may appear upon the record. (b) A division of a tovra into school districts must be territorial, as extending to a certain highway, or by other monuments, and not merely by the names of owners or occupants.— 13 E. 139 ; 12 Pick. 206 ; 7 Met. 218 ; 7 Gray, 244. But if a division by ButHcient boundaries has been recorded, a subsequent division, which refe: s toit as re- corded for the boundaries, may be suffloieutly certain, althongh the first division was for other reasons invalid.— 32 R. 118, 129. SCHOOL DISTRICTS. 7 (c) It is also held that the division must include the whole town.— 11 Gray, 433 ; 4 do. 46; 4 Cash. 250; 12 Pick. 206. A town line cannot be settled by the acts of adjoining owners.— 25 Vt. 646. (d) The article in the warrant may be: " To act upon the sulyect of dividing the town into school districts." The form of the division may be : " Voted, to divide the town into school districts, to be bounded, known and called as follows : School District No. 1, — beginning at the northeast corner of the farm of , thence, etc., etc., [giving metes and bounds]. School District No, 2, — beginning at, etc., etc. 2. When town shall be a district. Any town not divided into districts, or in which all the districts may be re-united, shall be a district ; but its business relating to schools may be transacted in town meeting. — id. s. 2. 3. Existing districts. All existing districts, however organized, shall continue to be such, subject to be altered or discontinued according to existing laws. — id. s. 3. (a) Perhaps this section applies to districts existing de facto only, as well as to those that have a legal existence.— 18 li. 268; Digest, p. 577, s. 2; 9 Shepley, 664; but see 4 Gushing, 250. 4. Districts may change lines. The lines of districts may be changed, and adjoining districts in the same or dif- ferent towns may be united, by concurrent vote of the dis- tricts interested, upon such terms as they may agree ; and in like manner the original lines and districts may be restored. — id. s. 4. 5 Committee, etc., may change lines. The school com- mittee and selectmen of any town divided into districts, upon petition of persons interested, after hearing the par- ties, may change the lines of adjoining districts, and may constitute new districts, or unite the whole or part of any district to an adjoiuing district, a majority of each board concurring therein, and their decision in writing being recorded on the town records. — id. p. 164, s. 9. 6. An article in the warrant, under s. 4, ante, may be : " To act upon the subject of uniting with school district No. , [ ' in the town of , ] to form one school district, and to appoint any committees for that purpose." (1) If both districts are in the same town, omit this. 7. An article for a change op the district lines may be : " To act upon the subject of changing the line between said district and school district No. , [ ^ in the town of — ; , ]'and appoint committees for that purpose." (1) Sees. 6(1). 8 SCHOOL DISTRICTS. 8. The subsequent peocbedings in bach disteict may be : " Voted to appoint a committee to confer with any committee that may be appointed by school dis- trict No. , [ Mn tlie town of ,] iipon tlie sub- ject of a union of districts, and report to thi3_ meeting at tlie time and place to which the same may be adjourned. " Voted to adjourn this meeting until the day of , instant, at o'clock in the noon, at the scliool-house of this district. " We, the undersigned, committees respectively of school district No. , in the town of ,and school district No. , in the [said] town of , having fully con- sidered the matter referred to us, recommend that said districts be united and form one school district, upon the following terms of union : [Insert the terms of union, mak- ing full provision in relation to debts, property, etc.] " Witness our'^ hands, tliis day of , 18 — . ! Committee of School Dist. No. — , in . i Committee of School Dist. No. — , in . " Voted to accept the joint report of ■ -, committees, respectively, of this school district and school district No. — , in the town of , and that said dis- tricts be hereby constituted one school district upon the terms recommended in said report." (1) See s. 6 (1). (2) A vote accepting and adopting the report of a minority will be valid, since the report is advisory and not Unal. Proceedings for changing the line may be similar, except that the report should describe the new lines by metes and bounds. 9. The school committees and selectmen of adjoining towns, upon petition of persons interested, after hearing the parties, may unite the whole or parts of adjoining districts in such towns into one district, and upon like proceedings restore them to their former position. — id. p. 163, s. 5. SCHOOL DISTRICTS. 10. The form op a petition under s. 9 may be : To the School Oommittees and Selectmen of the towns of- The undersigned, residing upon the territory now consti- tuting school district No. 6, in the town of , and school district No. 9, in the town of •, believing that their interest ' and the public good will be promoted thereby, pray that after due notice and hearing you will unite said districts into one district and (a) make an equitable appor- tionment of the property and debts of said districts, and find the balance, if any, equitably due from either of said dis- tricts to the other, and order the payment thereof within a time to be by you limited. (b) Dated this — day of , 18 — . [Signed.] (1) Theparthmlar interest need not be stated. — 3i R. 315; Digest, p. 577, a. 9. 11. Order op notice upon both districts and service and return as follows : A hearing upon said petition is hereby appointed at , in said , on the — day of next, at — o'clock in the noon ; and it is ordered that the peti- tionei's give notice of said petition and hearing by post- ing an attested ' copy of said petition, and this order there- on, fourteen days at least before the said day of hearing, on the door of the school-house of each school district within mentioned, and leaving a like copy at the abode of the clerk of each of said districts, a like time before said day of hearing. Given under our hands this — day of — : — , 18 — . School Committee of ■ Selectmen of . School Committee of — Selectmen of . (1) Tlie copy may be attested by tbe person serving it: A true copy. Attest : I hereby certify that on the — day of , 18 — , I posted an attested copy of said petition and order, on tire door of the school-house in each school district within mentioned, and on the same day I left a like copy at the 10 SCHOOL DISTRICTS, abode of , the clerk of said district No. 6, and a like copy at the abode of , the clerk of said district No. 9. . G ss. ,18 — . Then appeared ,and made oath that the above certificate, by him signed, is true. Before me, , Justice of the Peace. 12. The final order, signed by a majority of the com- mittee and a majority of the selectmen of each town, may be as follows : (a) Upon the foregoing petition we appointed a hearing and gave notice thereof as aforesaid, and on the — day of , 18 — , at — o'clock in the noon, at , in the town of , the time and place appointed [here insert the names of those who appeared as parties], appeared as parties [and said hearing was adjourned to the — day of , 18 — , at — o'clock, in the noon, at , in the town of ] ; and having heard all parties who de- sired to be heard, and examined them and their witnesses under oath, we a,r.e of opinion tliat the interest of the peti- tioners and the public good will thereby be promoted, and we therefore unite said districts into one district, to include the whole territory of both districts. We also make an equitable apportionment (b) of the property and debts of said district as follows ; The school-houses and fixtures and apparatus appertaining to the same, heretofore belonging to eitlier of said districts, shall be the property of said new district ; the debts now outstanding shall be paid by the district contracting the same, and district No. 6 shall pay to said district No. 9 the sum of dollars within days, which sum we find equitably due from said district No. 6 to said district No. 9. - Each of said districts shall col- lect and retain to its own use all debts now due to the same. Given under our hands this — day of , 18 — . School Committee of . Selectmen of . School Committee of- Selectmen of . SCHOOL DISTRICTS. ll (c) The town clerk of each town should record the entire proceedings, and certify the record of each separate part as follows : Received and recorded , 18 — , at — o'clock in the noon. A true record. Attest : , Town Clerk. (d) The filing upon the papers may he : Received and recorded, and filed , 18 — :. By me, , Town Clerk. In all such cases a majority of the school committee and a majority of the selectmen , of each town-, must concur, and a record of tlie proceedings made in the books of each town or their action will he of no effect. — Gen. Sts. p. 1G3, c. 78, s. 6, as amended by B. 24, 0. 1, of the Laws of 1868. 13. Deemed in what town. Every district including land in different towns shall be deemed a district of that town in which most of the voters therein reside at its formation ; but the district may, by vote recorded in both towns, elect to which town they will belong. — Gen. Sts. p. 164, c. 78, s. 7. 14. Form op petition, etc., to restore districts. To the School Committees and Selectmen of the towns of : The undersigned, residing in the school district known as the district, formed by the union of school district No. 6, in the town of , and school district No. 9, in the town of , believing that their interests and the public good will be promoted thereby, pray that after hear- ing the parties you will restore said districts to their former position, and that you will make an equitable apportionment of the property and debts of the districts affected by such proposed change, and find the balance, etc. [as in (aj s. 10, ante.'] Order of notice, etc., as in s. 11 ante ' . Final order as in s. 12, ante, to the word " promoted" and then say, "and we there- fore restore said districts to their former position ; we also make an equitable appor- tionment of the property and debts of said districts affecteti by this change, as fol- lows : [Here make an entire disposition of the property and debts of any and all of the districts affected by thechange, and find the balance as in (b) s. 12, ante.] Date, signature and record,, as in ss. 11, 12, ante. . (1) When the union district does not include the whole of both districts, the order of notice should also be to the district or districts of which a portion only was taken, and all the proceedings varied accordingly. 12 SCHOOL DISTRICTS. 15. Proceedings to unite parts op districts in adjoin ing towns may be as in ss. 10, 12, ante, except that the peti- tioners should ask " that a part of said district No. 6 may be united with a part of said district No. 9, to form one district, to be bounded and described as follows : " [giv- ing the boundaries] and the final order would state, that " we therefore unite parts of said districts to form one dis- trict, bounded," etc. 16. As IF IN BUT ONE TOWN. The selectmen, school com- mittee and collector of the town to which such district onay he deemed to belong, shall have the same powers in respect to such district as if the whole were in that town. — id. s. 8. 17. School money op. Every district situate in two or more towns shall be entitled to'its just proportion of school taxes, income of school funds and literary fund in each town, according to the valuation of persons and property taxable therein. — id. s. 13. 18. A PETITION FOR A CHANGE OF LINES of districts in the same town may be as follows : To the School Committee and Selectmen of ; The undersigned, residing upon the territory now con- stituting school districts Nos. 5 and 6 in said town, believ- ing that their interest and the public good will be promoted thereby, pray that, after due notice and hearing, you will change the lines of said districts and annex to said district No. 5 a part of said district No. 6, described as follows : Beginning at [here give a definite description by metes and bounds and known monuments], and that you make, etc. [as in (a) s. 10, ante]. Dated at said ■ — this — day of , 18 — . [Signers.] Order of notice upon both districts, service and return, as in s. 11, ante. ^hQ final ortfer,' signed by a majority of each board, as in (a) s. 12, to the word oath and then : We are of opinion that the interest of the petitioners and the public good will thereby be promoted, and we therefore change the lines of said districts by annexing to said dis- trict No. 5 a part of said district No. 6, described as fol. SCHOOL DISTRICTS. 13 lows : Beginning at [here describe by metes and bounds and known monuments^]. We also make an equitable apportionment, etc. [as in (b) s. 12, ante']. Given under our hands at said this — day of , 18—. School Committee of- Selectmen of . Recording and filing as in s. 12 (c), (d). (1^ They have power to disregard the particular line prayed for, and also the wishes of a majority of the districts. — 34 B. 315, Digest, p. 577, s. 10. 19. A PBTiTiON FOR NEW DISTRICTS in the Same town may be : To the School Committee and Selectmen of the toion of : The undersigned, residing upon the territory constituting school district [or " districts "] No. — in said town, believ- ing that their interest and the public good will be promoted thereby, pray that, after due notice and hearing, you will out of said territory constitute new school districts as fol- lows : [describe the districts as desired with their proposed boundaries] and that' you will make an equitable apportion- ment, etc. [as in (a) s. 10, ante]. Order of notice to all the districts interested, and service and return as in s. 11. Final order as in s. 12, ante, to the word oath, and then : We are of opinion that the interest of the petitioners and the public good will thereby be promoted, and we therefore out of said territory constitute new districts to be known, bounded, and described as follows : [here insert each witli distinct boundaries] and we also make an equitable appor- tionment, etc. [as in (a) s. 12, ante]. Date, signature and recording as s. 12, ante. 20. A PETITION TO UNITE the wholc Or a part of a district to an adjoining district, may be as in s. 18, to tlie word " pray," and then, " that after due notice and hearing you will unite the whole of said district No. — ,,or such part thereof as you may deem expedient, to said district No. — , and that you will make," etc. etc. [as in (a) s. 10, ante]. 14 SCHOOL DISTRICTS. Order of notice, etc., as in s. 11, ante. Final drder, as in s. 12, to the word " promoted," and then, " and we therefore unite the whole ' of said district No. — , to said district No. — ; and we make," etc. [as in (b) s. 12, a7ite'] . (1) If the whole is not annexert, the part taken should he described by distinct boundaries. 21. Pbopekty and debts to be apportioned. The school committee or committees, and selectmen, by whom any dis- trict or districts in the same or in adjoining to)vns are di- vided or united, or the limits thereof in any way changed, shall make an equitable apportionment of the property and debts of the districts affected by such change^ and find the balance, if any, equitably due from either of said districts, and order the payment of such balance within a time to be by them limited. — Laws of 1868, c. 1, s. 25. (1) This is to be done upon every change, however slight ; but if the change is incon- siderable, the order may well be, that the property and debts of the districts shall remain as before, except as otherwise provided by the order. If no apportionment is made, the title remains as before.— 1 Allen, 49: 23 Pick. 68: 48 Maine, 32. See 34 R. 323. .22. Assessment op tax. If such balance shall not be paid within the time so limited, the selectmen of the town in which the delinquent district is situate, or deemed to be situate, shall, upon written application' of the prudential committee,' or agent of the district entitled to the money, assess a tax for the amount upon the polls and estate in the delinquent district, and cause the same to be collected and paid to the district entitled thereto. — Laws of 1868. c. 1, s. 26. (1) Sections 10, 11 and 12, of o. 78, Gen. Sts., are repealed by s. 27, of c. 1, of the Laws of 1868. ' The petition to the selectmen may be as follows : To the Selectmen of the town of .• A W, prudential committee of school district No. in said town, respectfully represents that on the — day of last, school district No. — , in said town, was by the school committee and selectmen of said town dulv ordered to pay to said school district No. — , the sum of" dol- lars within days from that date, as the balance equi- tably due upon an apportionment by them of the property SCHOOL DISTRICTS. 15 apd debts of said districts, and which sum has not been paid although the time limited for its payment has now past. Wherefore he requests you to assess a tax for the amount, upon the polls and estate in said delinquent district, and cause the same to be collected and paid to said district No.—. Dated at said , this — day of , 18 — . , Prudential Committee. 23. Notice of such petition is unnecessary ; the right to assess and collect the tax being dependent upon a proper application, and non-payment, and the legality of the previ- ous order. 24. Upon whom assessed. If the limits of the delinquent district have been changed, the assessment should be upon the polls and estate within its limits as changed. Districts that have been united may, for the purpose of assessing a tax ordered to be paid by either to the other, be considered as continuing with their original limits. See s. B7,post. But where a district, formed from two or more, has been ordered to pay a certain sum to one of the old districts, the tax should be assessed upon the new district as a whole. 25. Districts presumed legal. School districts that have exercised' the privileges of a district for a year shall be presumed to be legally organized. — Gen. Sts. p. 164, c. 8, s. 14. (I) It is presume'l that this provision is prospective, and applies whenever the year has elapsed,— 46 Maine, 206 ; 52 do. 522. It has heen held in Mass. that a legal organization pending a &uit in the name of the district will enable the district tD ratify the suit. — 23 Pick. 62. 26. All districts legally organized abb corporations with power to sue and to be sued, to hold and dispose of real and personal property for the use of the schools there- in, and to make necessary contracts relating thereto. — id. (a) School districts, being enabled by law to sue and be sued, have, in consequence, the power to appoint and instruct agents to prosecute and defend ; and may lawfully instruct them to withdraw defences and to confess Judgment.— 17 K. 192 ; 43 E. 181 ; Digest, p. 21)1. s. 153. (b) They have the powers expressly given to them, and such implied powers as are necessary to enable them to perform their duties, and no more. — Bell, J., 28 R. 62. (c) A school district cannot hold lands in trust for the support of the ministry, sin ce the object is foreign to the purposes of its creation— 33 K. 156; but may for schooling. —19 Vt. 210. 16 SCHOOL DISTRICTS. (d) Votes of scliool districts are to be shown b}- the record!.— Digest, p. 201, s. 152; 4 Greeiil. 44; 12 Met. 105 ; 21 Pick. 75 ; 38 Maine, 164; 17 Vt. 337. (e) Inhabitants of a school district have as individuals no right to appear in an action against the district. — 10 Met. 462. But they may proceed in chancery against the dis- trict or others in a proper case. — Digest, p. .193, s. 115. And it has been held that such inhabitants may malte a tender to a creditor of the district, because of their ultimate liability.— 11 Maine, 188; 10 Met. 4C2. 27. Any district may hire money for building their SCHOOL-HOUSES, not exceeding four-fifths of the cost thereof, which shall be payable within five years, in equal portions, with the interest. — id. s. 16. (a) Officers and agents signing their own names to a note for a school district, will, if not duly authorized to bind the district, be personally liable as proroissnrs npon the note, provided the note, after rejecting what they bad no authority to put there, im- ports a personal undertaking; and this may sometimes occur, when they have no in- tention of being personally bound. — 44 R. 196; Digest, p. 25, ss. 137. 138. if it is under- stood that they are not to be answerable if they tail to bind the district, the note may be in this form : *' School district No. 6, in Warren, promises to pav," etc., and the note be signed, " School District No. 6, in Warren," 4j/ A B, etc.— 26 E. 352 ; Digest, p. i5, s. 140. A person talcvrtq a note in this form ought to be satisfied of the legality of the pro- ceedings of the district. 28. Annual tax. The selectmen, on application of the creditor, and on the filing of a copy of the vote and note of the district, may, in each annual tax, assess on the district one-fifth of such debt and the interest, and cause the same to be collected and paid to the town treasurer, who shall pay the samp on demand to the creditor. — id. s. 16. (a) There can be no assessment if the vote has been reconsidered (although at an adjourned meeting or upon a new o ill) and the selectmen certitied of the fact.— Di- gest, p. 579, ss. 38-41 : 2 Cush. 419, 426 ; 6 Met. 497, 509 ; 13 Allen, 103 ; 4 Mass. 230. 29. Insurance. Any school district may procure its buildings and property to be insured against fire, and raise money therefor, and by their agent give their premium note ; but no part of the school money required to be raised by law shall be taken to pay for insurance. — id. s. 17. 30. Any district may raise money for the support of SCHOOLS, in addition to the tax required by law, and to pay debts of the district, which, on certificate by the clerk, shall be assessed and collected as other school taxes. — id p 165 s. 18. ' 31. Effect op certificate. The certificate of the clerk will not protect the selectmen unless the district was legally constituted, or comes within s. 14, p. 23, ^os«, or s. 25, ante, or unless the meeting was legally called, and the vote sufficient in form and authorized by law. —42 R. 102 ; 45 SCHOOL DISTRICTS. 17 R. 385 ; Digest, p. 578, s. 36 ; 4 Gray, 42 ; 10 Cush. 418. Nor is the clerk, if he has acted in good faith, liable for falsely certifying that the vote was passed " at a legal meet- ing." — 17 Pick. R. 208. The selectmen should look into the proceedings of school districts before assessing a tax for any purpose, and ascertain if they have been legal. If the vote has been reconsidered — see (a) s. 28, ante. 32. Scholars from out of the district. Each district ■ may determine upon what terms scholars from other' dis- tricts or towns may be admitted into their schools. If the district neglect to make such determination the prudential committee may do it. — id. s. 19. (t ) A temporary residence, merely for the purpose of attending the school, gives no right to attend against the will of the district.— 23 K. 507 ; Digest, p. 581, s. 78. 33. Scholars divided. Any district may, by vote or by a committee, divide the scholars according to their age, acquirements and residence, or either, and direct under what teachers they shall be instructed. — id. s. 20. 34. By school committee. If a district refuse or neg- lect to make such division, it may be made by the school committee. — id. s. 21. 35. Union schools. Two or more contiguous districts in the same or different towns, may, by concurring votes, unite in tlio support of their schools, and the school money of such districts may be expended in the support of schools kept in either district, agreeably to such votes. — id. s. 22. An article for such purpose may be : " To see if this district will unite with district No. — , in the town of , in the support of schools, and expend the school money of this district for that object, and ap- point a committee for such purpose." The vote may be : " Voted, that it is expedient to unite with district No. — ■, in the town of , in the support of schools, and that -. be a committee to agree with any committee that may be appointed by said district, upon a plan by which the school money of said districts shall be expended for that object, and report to this meeting, etc. 2 ■18 MEETINGS AND OFFICBBS. The joint report, as in s. 8, ante, being accepted and adopted and recorded in each district, will consummate the union. 36. And school-houses. While such schools are so united, either district may raise money to build, repair, or remove school-houses and their appurtenances in either district. — id. s. 23. 37. Districts continued, how long. Every school dis- trict shall remain a body corporate so long as is necessary for the purpose of maintaining and defending suits, receiv- ing and conveying property, voting taxes to pay its debts, and settling its concerns. — id. s. 24. See s. 21, ante. CHAPTER III, MEETINGS AND OFFICERS OP SCHOOL DISTRICTS. Adjoxtbned meetings, s. 22 (1). Amendment of records, s. 23, 1. Annual meeting, warrant for, ss. 3-6, 8, 9. Appointment, ss. 24-26. Board of teaohebs, s. 27 (b), (c). Certificate of posting, ss. 5, 7. Of votes, 8. 22. Check-list, use of by districts, ss. 16, 17. Clerk, choice or appointment of, ss. 5 (1), 19, 21, 24, 25. Duties of, 8B. 22, 23. Possession of records by, s. 22 (1). Clerk, ^ro tempore, s. 21. Illegal meetings, s. 1 (a), s. 14. Illegal voting, penalty for, s. 18. Justice to call meetings, etc., ss. 4, 8, 9, 12, 13. Meetings legalized, s. 14. Moderator, choice of and duties, ss. 19, 20, 21. Pro tempore, s. 21. Official oath, ss. 20-22. Occasional repairs, s. 27, s. 27 (c). Posting warrant, ss. 2, 5, 7. Prudential committee, s. 19. Acting prudential committee, s. 14(1). Appointment, ss. 24-26. General duties, a. 27 and notes. May be"di»mi.sised, s. 28 and notes. Public place, what is, s. 2 (1). Ratification, s. 1 (a). Records of districts, ss. 22 (1), 23. Recording by town clerk, s. 28. Replevin fob district records, s. 22 (1). Special meetings, ss. 3, 4, 10-13. Time, computation of, s. 2 (2). Vacancies, ss. 24-26. Voters, ss. 15, 18. Warrant, general form of, s. 6. By justice of peace, ss. 9, 12, 13. Posting and return, ss. 2, 5, 7. 1. Meetings how called. Meetings of school districts shall be warned by the prudential committee, by warrant addressed to the inhabitants of the district qualified to vote in- district affairs, stating the time and place of meeting; and the business to be acted upon. — Gen. Sts. p, 165, c. 79, s. 1. MEETINGS AND OFFICERS. 19 (a) The district can confer no authority except at a legal meeting. — 48 Maine, 32: 42 n. 102; Digest, p. 578, s. 63. But it may at a legal meeeting upon a sufficient warrant ratify and confirm the pro- ceedings of a previous meeting. — 38 Maine, 164; 4 Cush. 494. See a. 14, post. 2. Posting warrant. Such waiTant shall be served by posting a copy thereof, attested hy the committee, at the door of the school-house, if there be any in the district ; other- wise at one or more public' places in the district, fourteen^ days at least prior to the day of meeting. — id. s. 2. (1) Public place. The words " public place " mean such places as, in comparison with others in the same town, are those where the inhabitants and others most fre- quently meet or resort.— 40 B. 173 ; Digest, p. 3B6, s. 54. A meeting-house is prirna facie a public place, and a return of a posting upon a meet- ing-house need not describe it as a public place; but if of little or no public resort in comparison with other places in the city or town, it is not to be deemed a '* public place."— 40 R. 188. A shoemaker's shop, in Deerfield, was held not to be a *' public place."— 3 E. 178 ; 40 E. 187. In new and thinly settled towns and places, there may be neither post-office, church, tavern nor store ; and the school-house, mill or mechanic's shop may be properly re- garded as the most public place. And the same remark may, under proper circum- stances, apply to the bridge, or the guide-board, or the box by the road-side where newspapers are left for subscribers, and to posts and boards erected by public authority for posting notices, where the evidence shows that no more public places can be found. —Bell, C. J., 40 E. 188. (2) There must be fourteen days between the day of posting and the day of meeting. When time is to be reckoned from any day, data, act done, or the time of anyactdone, either by force of law or by virtue of any contract made since the twenty-third day of I)ecember, 1842, such day, date, or the day when such act is done, shall not be included in the computation. — Gen. Sts. p. 42, c. 1, s. 33. 3. "When to be called. The prudential committee shall issue a warrant for the annual meeting, and post a copy thereof, on or, before the second Tuesday of March, and for special meetings, upon application' therefor of three or moi'e voters of the district, within ten days after such application is made. — id. s. 3. (t) He probably cannot call a special meeting upon his own motion without an ap- plication. 4. • Justice may call. If the prudential committee neg- lect to issue a warrant for such annual or special meeting, and to post a copy thereof within the respective times lim- ited therefor, a justice, upon a like application', shall call such annual or special meeting, by issuing his warrant and causing an attested copy of it to be served in the manner before prescribed. — id. p. 166, s. 4. (1) It has been held that application may be made to the Justice and his warrant be dated within the ten days, provided it is not posted until after that time. — 17 E. 492. But see 44 Maine, 374. 5. Certificate and return. The warrant with a certifi- cate thereon, verified by oath that a copy thereof was posted, 20 MEETINGS AND OFFICERS. and at what time and place, shall be given the clerk of the district, at or before^ the time of meeting, and shall be re- corded'^ by him in the records of the district. — id. s. 5. (1) And hence if there is no clerk an application should be made to the selectmen to appoint one. (2) The clerk should first record the warrant and the certificate of posting, with L. S. for the place of the seal, and attest the record of each, as — iteceived March — , 18 — , and recorded. A true record. Attest: , Clerk of District. 6. A WARRANT when issued by the prudential committee may be : THE STATE OF NEW HAMPSHIRE. To the Inhabitants of School District No. — , in the town of , qualified to vote in district affairs. You are hereby notified to meet at^ the school-house, in said district, on the — day of March instant, at — o'clock^ in the noon, to act upon the following subjects : I. To choose a moderator for the ensuing year. II. To choose a clerk for the ensuing year. III. To choose a prudential committee, not exceeding three, for the ensuing year. IV. To hear the reports of agents, auditors, committees or officers heretofore chosen, and pass any vote relating thereto. V. To choose agents, auditors or committees in relation to any subjects embraced in this warrant. VI. To see, etc. Given under my hand^ at said , this — day of ,18-. Prudential Committee. (1) This implies that the meeting is to he within the walls of the school-house. — 13 Maiire, 466. (3) Thehour of the meeting should be stated.— 17 Vt. 337, 16 do. 439. (3) A seal is unnecessary.— 21 E. 425 ; Digest, p. 600, s. 118. " 7. The posting is to be of a copy attested as follows : A true copy of warrant. Attest: Prudential Committee. The certificate of posting may be as follows : 18 — . I certify that on the — day of -, 18—, I posted a copy of the within warrant attested MEETINGS AND OFFICERS. 21 by the prudential committee, at the door of the school- house in district No. — , in said town. G ss. ,18 — . Then made oath that the above certificate by him signed is true. Before me, , Justice of the Peace. 8. An application to a justice to call an annual meet- ing may be : To , a Juitice of the Peace of the county of ; The undersigned, legal voters' in school district No. — , in the town of , in said county, respectfully represent that the prudential committee of said district has neglected to issue a warrant and post a copy thereof for the annual meeting of said district for the year 18 — , and they request you to call such annual meeting and insert in the warrant for the same the following articles : [See s. 6, anie.] Dated at said , this — day of , 18 — . [Signers.] (1 ) It has been held in Maine that the application need not state that the signers are iQgaX voters (20 Maine, 154), but it is deemed advisable that it so state. 9. A WARRANT UPON AN APPLICATION as in s. 8, may be : THE state op new HAMPSHIRE. H ss. To the Inhabitants of School District No. — , in the town of , qualified to vote in district affairs : Pursuant to an application' of this date, by three or more legal voters of said district, to me a justice of the peace of said county, by reason of the neglect of the prudential com- mittee of said district to call the annual meeting of said district for the year 18 — , you are notified to meet at, etc. [as in s. 6, ante.'] Given under my hand this — day of — ; , 1 8 — . , Justice of the Peace. (1) The warrant need not recite the previous application.— 28 Maine, 193. It ha* also been held that the application need not be recorded.— id. ; 20 Maine, 439; 20 Vt. 489. But as an application is essential it is advised that the warrant show that an applica- tion was made; and also that the appUcatiou be recorded with the warrant. 22 MEETINGS AND OFFICERS. 10. An application for a special meeting may be : To , Prudential Committee of School District No. — , in the town of ; The undersigned, legal voters in said district, request you to issue a warrant and post a copy thereof for a meeting of said district, to be holden at the school-house in said dis- trict, on the — day of next, at — o'clock in the noon, to act upon the following subjects : [Insert them.] Dated at said , this — day of , 18 — . [Signers.] 11. A WARRANT FOR A SPECIAL MEETING may be as follows : THE STATE OF NEW HAMPSHIRE. To the Inhabitants of School District No. — , in the town of -, qualified to vote in district affairs . Pursuant to an application' to me of this date by three or more legal voters of said district, you are notified to ap- pear at [here state the time, place and object of the meet- ing precisely as .in the application^] . Given, &c. [as in s. 6, ante']. (1) See ante, s. 9(1). (2) A call, although within ten da5'8, for a mee'thig, at a later dat-e than the time named in the application, will not be sufficient to prevent an application to a justice of the peace— 17 E. 492; Digest, p. 578, 88. 18, 19. 12. An application to a justice for a special meeting, may be : To , a Justice of the Peace for the county of .• The undersigned, legal voters in school district No. — , in the town of , in said county, respectfully repre- sent that on the — day of last three or more legal voters' in said district made a written application to the prudential committee thereof to call a meeting of said dis- trict, a copy of which application is as follows : [Here in- sert a copy of thq application including the names of the signers thereto.] Yet said committee has neglected to issue a warrant and post a copy thereof for such meeting, and more than ten days^ have elapsed since said application. Wherefore the undersigned request you to call such meet- MEETINGS AND OFFICERS. 23 ing at the time and place, for the purposes stated in said application. Dated at said this — day of , 18 — . [Signers.] (1) The signers to Tjoth applications need not be the same persons.— Digest, p. 388, s. 67. (2) See ante a. 11 (2). 13. A WARRANT under an application as in s. 12, may be as in s. 9, ante, substituting the words " a special," for " the annual." See aw^e, s. 11 (2). 14. Meetings Legalized. All officers of all school dis- tricts in this state chosen on or after the fifteenth day of March, a. d. 1868, at any school meeting holden and noti- fied at least seven days before the day of meeting, or under the provisions of the laws of this state as they were in force prior to the first day of January last, and their pro- ceedings under such elections, are hereby ratified and made valid'. Provided, however, that this act shall apply to no case in which a subsequent election has been holden, or proceedings instituted in the- premises. — Act of July 1, 1868, taking effect from and after its passage. Laws of 1868, p. 154, c. 23. (1) Tlie effect of sucli legislation is that hereafter the proceedings will be deemed legal except as against vested rights at the time of the passage of the act. — a Miune 350; 9. Mass, 360; Town Officer, p. 12, s. 19 (1). A meeting called by an acting prudential committee is, if in other respects correct, a legal meeting, although his election or appointment may have been detective. — Di- gest, p. 499, II; 21 Pick. 75, 80; 35 Vt. 632. 15. Voters. Any person qualified to vote in town 'af- fairs may vote at any district meeting in the district in which he has resided and had his home one month next preceding. — id. s. 6. (1) This makes a six months' residence in the town, including one month in the dis trict, necessary. See 44 R. 398 ; Town Officer, pp. 48-64. 16. Check-list. Upon petition of ten legal voters in any district, presented in January to the prudential committee, he shall make, post and correct a list' of the legal voters in the district as selectmen are required to do ^ in regard to the list of voters in their towns ; and said list shall be used and checked at the election of oSicers and otherwise, at 24 MEETINGS AND OFFICERS. the annual meeting of the district, as such list may be used in town meetings. — id. s. 7. (1) The form of the petition may lie as follows: To , Prudential Committee of School District No. —, in tlie town of : The undersigned, legal voters in said district, request you to make, post and correct a list of the legal voters in said district, as selectmen are required to do- in relation to lists of voters in their town. Dated at said , this — day of , 18—. [Signers.] (2) For form of check-list and certificate of posting, see Town Officer, p. 4G, ss. 14, 15. making the necessary changes. The check-list maybe posted at the school-house if there is one ; otherwise, in some "public place " in the district, as to which see ante, p. 19, s. 2 (1). 17. If any district, at. an annual meeting, shall vote that a check-list shall be used at future meetings, such check-list shall be so made, posted and corrected, and used at all meetings while such vote remains in force. — id. s. 8. 18. Illegal voting. If anj' person under the age O'f twenty-one years, or any alien not naturalized, or any per- son who has not resided and had his home in the district for one month and in the town six months jJreceding, shall vote in any district meeting, or if any person shall give in more than one vote for any officer voted for at such meet- ing, he shall be fined not exceeding thirty dollars, or im- prisoned not exceeding three months. — id. s. 9. 19. The officers of a district shall be a moderator, a clerk, and prudential committee not exceeding three \ who shall be chosen by ballot by a plurality of votes ; shall be sworn, and shall hold their offices for one year or until oth- ers are elected and qualified in their stead. — id. s. 10, as amended by s. 30, c. 1, of the Laws of 1868. <1) a district having chosen a prudential committee of one may choose additional members at an adjournment of the same meeting— 12 Met. 90 ; but not at a meetinz called upon anew warrant. — 29 Vt. 487. 20. The moderator of a school district shall have the like power and duty as a moderator of a town meeting to conduct the business and to preserve order i, and may ad- minister oaths Ho district officers and others, when oaths are required in the district business. In case of a vacancy or absence, a moderator may be chosen at anv meetins id. s. 11. ^' (1) See Town officer, pp. BB-5r. (2) The oath of office is as follows : " You do solemnly swear that you will faithfully and impartially discharge and ne r- formallthe duties incumbent on you as a • .according to the best of '-our a,bilities, agreeably to the rules and regulations of the constitution and laws of the state of New 1-Iampshne. 5o /je/p j/OM Cod.— Gen. Sts. p. 98, c. 38, s 2 MEETINGS AND OFFICERS. 2o 21. Clerk AND MODERATOR PRO TEM. If, at any meeting, the moderator is absent, or if his office has become vacant, the clerk shall act as moderator until a moderator ^ro tem- pore shall be chosen ; and, if the clerk is absent, a clerk pro tempore shall be chosen ; and it shall not be deemed necessary to the chpice of such officers pro tempore that an article shall have been inserted in the warrant for that pur- pose ; and the choice shall be by ballot and plurality of votes. — Laws of 1868, c.l. s. 28. 22. The clerk shall keep a true^ and attested record of all the doings of each meeting ; shall deliver^ to the select- men a certified copy of every vote to raise money, within ten days ; shall make and certify copies of any votes, wlien required and payment therefor is tendered ; and shall have the same power to administer oaths ^ as the moderator. — Gen. Sts. p. 166, c. 79, s. 12. (1) The records of gchool districts, if intelligible, will be construed liberally to effect the objects in view.— 17 Maine, 444; 38 do. 193, 203; 22 Vt. 339. The court will allow an amendment of the records in a proper case. — Difrest, p. 37. The district has no right to the custody of its records as against the rightful clerk ; but may maintain replevin therefor against a stranger. — 44 Maine, 374 ; 21 Pick. 148. (2) The clerk is to certify a vote for raising money although the meeting may have ad,iourned to a time beyond the ten days. — 18 R. 317 ; Digest, p. 579, s. 40. If the vote is reconsidered — see ante, p. 16, s. 28 (a). (3) See ante, s. 20 (2). The certificate of the record of a vote should contain a copy of so much of the record as shows the due organiza- tion of the meeting and then a copy of the vote, and be at- tested by the clerk as a true copy from the record. Such a certificate, with a record made up as in s. 23, post, will be as follows : At a meeting of the legal voters of school district No. — > in the town of , on the — day of , 18 — , at the school-house iu said district, at — o'clock in the forenoon : .The meeting was called to order by mode- rator [or " clerk"]. Voted to raise the sum of thousand dollars for build- ing a new school-house and procuring land and suitable furniture and apparatus and needful conveniences there- ft ^ ;^ ^tr jJ' jdL >^ + j-iyi y^ "If Tif Tf V Tft A true record. Attest : , Clerk of District. A true copy of record. Attest : , Clerk of District. 26 MEETINGS AND OFFICERS. It will be seen that the above corresponds with the parts (a) and (e) in s. 23, post. 23. The record of a district meeting (the warrant and certificate of posting having first been recorded as in s. 6, ante,') may be : (a) At a meeting of the inhabitants of school district No. — , qualified to vote in district affairs, at the school- house in said district, on the — day of , 18 — , at — o'clock in the noon. The meeting was called to order by , moderator [or "clerk" if such was the fact] of said meeting. (b) The whole number of tickets given in for moderator was one hundred ; upon which A B had twenty votes, C D had thirty-five votes, B P had forty-five votes, and said E P was declared elected moderator, and in open meeting took the oath of office by law prescribed. (c) The whole number of tickets given in for clei'k was one hundred ; upon which B H had thirty votes, W C had thirty votes, R S had forty votes, and was declared elected clerk by the moderator, and in open meeting took the oath of office by law prescribed. (d) Voted to choose a prudential committee of per- sons. For prudential committee the whole number of tickets given in was one hundred ; upon which A B had, etc. C D had, etc. (e) Voted to raise the sum of thousand dollars for building a new school-house and procuring land and suit- able furniture and apparatus and needful conveniences therefor. [Here insert all other votes not before inserted, care be- ing taken to make the record an accurate and intelligible account of the entire proceedings of the meeting.] (f) Voted to adjourn this meeting until the — day of , 18 — , at — o'clock in the noon, at the school-house MEETINGS AND OFFICERS. 2T in said district [or, " Yoted that this meeting be dis- solved"]. A true record. Attest: R S, Clerk' of said District. (1) The clerk, if present at the meeting, may certify the record of the votes at the same njeeting, although prior to his own election. — 13 Pick. 303, 306; 2 Pick. 492. 24. If a vacancy shall occur in the office of clerk or prudential committee, from any cause, the selectmen, upon application of one or more voters in such district, shall fill such vacancy ; and the officers thus appointed shall hold their offices until new ones are legally chosen and qualified. — id. s. 13. 25. What is a vacancy. In case a justice' shall fail to call such annual meeting in the month of March, by issuing his warrant and causing an attested copy of it to be served, as is provided in chapter seventy-nine of the General Statutes, a vacancy shall be deemed to exist. — Laws of 1868, c. 1, s. 29. (1) The meaning of this act is not clear and further legislation may be necessary. A vacancy to be filled by a new election or appointment shall be deemed to occur when any person elected to any town office shall not accept the same, or shall resign or die, or remove from the town, city, ward or district for which he may have been chosen, or shall be removed from office, or convicted of any crime, and in other cases provided by statute ; provided, that, in case any officer who has given an official bond shall so remove or resign, he and his sureties shall continue liable upon his bond for all acts under color of his office until he shall resign, and his res- ignation shall have been accepted by the town, selectmen, or others competent to accept the same. — Laws of 1868, c.l, s. 7. (a) A failure of the annual meeting does not cause a vacancy to be filled by the selectmen, nor a failure to elect at any meeting, except when the statute so provides. 26. An application to selectmen to fill a vacancy may be: To the Selectmen of the town of .• The undersigned, legal voters in school district No. — , in said town, respectfully represent that there is a vacancy in 28 MEETINGS AND OFFICERS. the office of , in said district, and they request you to fill such vacancy. Dated at said this — day of , 18 — . [Signers.] The appointment may be as follows : To , of School District No. — , in the town of '■ — ; Whei'eas there is a vacancy in the office of , in said district, and an application has been made to us by one or more legal voters of said district to fill such vacancy ; we, having confidence in your ability and fidelity, hereby appoint you — • of said district, and upon your taking the oath of office' and having this appointment and the certificate of said oath recorded^ in the records of said district, you shall have the powers, perform the duties, and be subject to the liabilities of said office, and hold the same until a new officer is legally chosen and qualified. Witness our hands this — day , 18 — . ) Selectmen of (l)Seeare Selectmen ==S -^ (d) The town clerk must record the entire proceedings, as they take effect only from the timo of their being recorded, and certify tbe record of each separate part as fol- lows : Keceived and recorded , 18—, at — o*clock in the noon. A true record. Attest : , Town Clerk. The filing upon the papers may be :— Keceived and recorded, and filed , 18—. By me, f Town Clerk. 30 SCHOOL-HOUSES. (e) Notice of dismissal may be as follows :— To , Prudential Committee qf Sclwol District No. — , in tlie town of •• You are hereby dismissed from your oflce of prudential committee, for the causes alleged in the petition of fnaming some of the petitioners] and otners. Witness our hands this — day of , 18—. Selectmen 5 Selectmei (f) The original should be served, and the copy and return recorded by the clerk of the district. (g) The certificate of aorvioe may be as follows ; I certify that on the - day of , 18-, I gave to the within named- ; for I left at the abode of the within named ], the original notice of which the witnin is a ti'lie copy. ,18—. Then appeared - is true. Before me, - and made oath that the above certificate signed by hini . . , Justice of the Peace. CHAPTER IV. SCHOOL-HOUSES. AOEKT, appointment of, s. 8 (1). Assessment ot scHool.-HotJSE tax, S3. 12, 14. Kew assessment, s. 12 (c). New invoice, s. 13, s. 12 (al. Illegal assessment, effect of, s. 12 (a){c). Omission to tax, effect of, s. 12 (b). Betterments upon defective laying out, B. 9 (a). Building committee, s. 4, s. 4 (a). FCRNITUBE AND APPARATtTS, S. 1. Hall, when district may pfovide, s. 1 (a). Land fob school-house, ss. 3, 7, 8. Petition to selectmen, etc.. s. 8. Title of district, s. 7 (a), s. 8, s. 9 (a). Location of school-house. By committee of district, s. 3. By school committee, ss. 5, 6. By vote of district, s. 2. Neglect to build sCHOOL-HotfsE, SS< 10, 10 (a). Neglect to remote sohool-hoUsEj ss. 10, 10 (b). Non-resident tax-list, s. 14. OVEE-EBTiMATE by Selectmen, 1. 10 (c). Private school, s. 1 (b). BaisinQ money by district, ss. 1, 1 (c). For repairs before union, a. 1 {c). Ratification by vote only, s. 4. EffiMOVAL from district, s. 13 (a ). Schools, where to he kept, ss. 11, 11 (a ). Selectmen, when liable for tax, s. 12 (a). Trees and fKsces on school-lot, s. 7(a). 1. Raising money for. Any district at a legal meeting holden for the purpose, may raise money* for building, purchasing, renting, repairing or removing^ such school- houses and out-buildings as the wants of the district re- quire, procuring laud, and providing suitable furniture and apparatus, and needful conveniences therefor. — Gen, Sts. p. 167, 0. 80, s. 1 ; Digest, p. 578. (1) The article In the warrant may be general, " To raise money for building," etc., foiuywing the words of the statute. The vote should be more specific, and under the general article ante s. 6, v, a buUding committee can be appointed. SCHOOL-HOUSES, 81 (2) It is no objection that the school-house -^aa removed from another district, nor that it was left in a different shape and size from what it was before. — 39 Maine, 556. (a) The district may build with a hall for the occasional use of the district, the con- tractor reserving the right to the use at other times. ^ Met. 498, 510. (b) It is held in Vermont that the district may authorize a private school to be kept In the school-house.— 37 Vermont, 497, 24 do. 28. (c) If a union district, it is no objection that the money voted is for repairs made be- fore the union, provided the new district takes the benefit of them. — 34 K. 315 ; Digest, p. 518, s. 35. J3ut provision should be made for guch cases at the time of the union. 2. The district may decide ^ upon the location of their school-houses by vote, or by a committee appointed for that purpose, and purchase or procure land for the same, and may choose committees with powers to carry their votes into effect. — id. s. 2. (1) The district may locate by a major vote of those present and voting. — 38 Vt. 177. The location should always give the boundaries. 3. If the district locate by a committee, the vote may be : " Voted, that A B, etc., be authorized to decide upon the location of said school-house, and purchase or procure land for the same." This will make the action of the committee final. Or the vote may be : " Voted, that A B, etc., be a com- mittee to examine and report upon the location of the school-house," and then a subsequent vote adopting their report will be necessary. See ante, p. s. 8, and post s. 5. In either case the location should be by distinct boun- daries. The report should be in writing, and be recorded by the district clerk and kept on file. See p. 20, s. 5 (2). The recording may not be indispensable, although useful to guard against loss. — 3 Allen, 409. A majority of the committee may act. — 35 R. 447 ; Di- gest, p. 578, s. ai. 4. Building committee. No committee shall liave power to bind the district beyond the amount of money voted by the district, and the district shall not be bound by any act as a ratification of the doings of such committee beyond their authority, unless by express vote of the district at a meeting called for that purpose. — Gen. Sts. p. 167, c. 80, s. 3. (a) This section Is new, and la an important qualification of the deciBions In respect to a ratification in this and other states, some of which may be found in 28 B. 58 ; 30 do. 26; 25 flo. US: Digest, p. 20, s. 48; pp. 579-80, bs. 63-56; p. 678, sb. 31-33; 2. Gush. 419; 4 Cuah. 494;'39 Maine, 220; 24 Maine, 349; 17 Maine, 316. A vote to raise a certain sum " towards purchasing land and erecting a school- house," was held not to limit the committee to the sum voted. — 39 Maine, 220. 32 SCHOOL-HOUSES. A building committee cannot sue in their own names for the money if not paid over by the selectmen.— 10 B. 72; Digest, p. 580, s. 57. Suits by them for their own services and expenditures are to be several and not joint.— Digest, p. 629, s. 103, p. 580, ss. 54-66. A majority of the committee may act. — Digest, p. 578, s. 31. 5. Location by school committee. If any three or more of the voters of a district are aggrieved by the loca- tion of any school-house by the district or its committee, they may apply by petition to the school committee, who sliall hear and determine the location thereof. — id. s. 4. (a) The proceedings may be as follows : To file Scliool Committee of the town of .■ The undersigned, legal voters in school (listrict No. — , in said town, respectfully represent that a parcel of land described as follows; [insert the description] has been decided upon by said district for the location of their school-house, and that such loca- tion is inconvenient for your petitioners, and they are aggrieved by the same, and they therefore request you to hear the parties and determine the location of said school- house. Dated at said , this — day of — , 18—. [Signers.] A liearing upon said petition is hereby appointed at -, in the town of , on the — day of — — next, at — o'clock in the noon ; and it is ordered that the jietil ioners give notice of said petition and hearing to the said district by posting an attebtcd copy of said petition and this order thereon, on the door of the scliool-house of said district, fourteen days at least before said day of hearing, and leaving a like cotiy at the abode of the clerk a like time before said day of hearing. ULvou umler our hands, this — day of , 18 — . , 1 Selectmen of The copy may be attested by the person serving it j as — A true copy. Attest : . I certify that on the — day of , 18—, I posted an attested copy of said petition and order, on the door of the school-house in the school district within mentioned, and on the same day I left a like copy at the abode of , the town clerk of said district. G ss. , 18—. Then appeared , and made oath that the above cer- tilicate, by him signed, is true. Before me, , Justice of the Peace. Upon the foregoing petition we appointed a hearing, and have given notice thereof as aforesaid, and on the — day of , 18—, at — o'clock in the noon, at , in the town of , the time and place appointed, ■ [here insert the names of those who appeared as parties], appeared as parties [and said hearing was ad.journed to the — day of , 18 — , at — o'clock in the noon, at , in tlie town of ] ; and having heard all parties interested who attended and desired to be heard, and aU evidence ottered by them, and examined them and their witnesses under oath, we find that the parcel of land described in said petition has been decided upon by said district for the location of their school-house, and that the petitioners, being three or more legal voters in said district, are aggrieved by sueli location, and we therefore determine that the location of said school-house shall be upon a parcel of land bounded and described as follows : [Insert by metes and bounds.] Given under our hand at — — — , this — day of , 18 — . , I Selectmen of Keceived and recorded at , 18—, at — o'clock in the noon. A true record. Attest : - Town Clerk. Jf no change is made, the report, after proceeding to the word oath, may be : " "We find that said petitioners are not aggrieved by the location of said school-house, and we therefore make no change," etc. SCHOOL-HOUSES. 33 6. Ib' district do not agree. If at a meeting duly liolden for the purpose the district do not agree upon a locatiou for a school-house, or upon a committee to locate the same, the school committee, upon petition of three or more voters, shall determine the location. — id. s. 5. (a) The proceedings may be: — To the School Committee of the town of .• The unilei'signed, legal voters of school district No. — , in said town, respectfully represent that at a meeting of said district, duly holden on the — day of last, to act ufion the subject, the district voted to build a school-house, but failed to agree upon a location for said school-house, or upon a committee to locate the same, and said meeting adjourned wiihout day; wherefore the undersigned request you to de- termine the location thereof. Dated at said this — day of , 18—. [Signers.] Order of notice, service, etc., as in s. 5. Final order, as in s. 5, to the word oath, and then say: " we find that at a meeting duly holden to act upon the subject, the said district voted to build a school-house, but failed to agree upon a location for such school-house, or upon a committee to locate the same, as stated in said petition, and said petitioners are legal voters of said dis- trict; we therefore determine that said location shall be at," etc. [Describe the lot by metes and bounds.] Date, signatures and recording, as in s. 5. 7. Selectmen to lay out. If the owner of the land designated as aforesaid for a school-house shall refuse to sell the same for a reasonable price, the selectmen, upon petition, may lay out a lot not exceeding half an acre, and appraise the damages to the owner, who shall have like remedy for increase of damages as if the same were laid out for a highway. — id. s. 6. (a) It seems (says Oh. J. Shaw upon a similar statute) that the owner of the land cannot remove trees and fences, as when land is taken for a highway. — 2 Gray, 414. See It. 503; Digest, p. 579. 8. Proceedings under s. 7, ante, may be as follows : To the Selectmen of the town of ; School district No. — , in said town, represents that a lot of laud not exceeding half an acre, and bounded and described as follows : [here insert the description] and owned by , of said town, has been legally designated for a school-house ' lot, " by said district, by a vote at a meeting duly holden for that purpose," [or, " by a com- mittee duly appointed by said district for that purpose ; " or, " by the school committee of said town," as the case may be,] and that said owner refuses to sell the same for a reasonable price ; wherefore said school district requests 3 34 SCHOOL-HOUSES. ■you to lay out said lot and appraise the damages to the owner. Dated at said , this — day of , 18 — . School District No. — , in , by H W, J W and C R, Agents duly authorized \ (1) A committee to [locate a school-house "and purchase or procure land for the same," may make the application to the selectmen in the name of the district and per- haps in their own name. — Digest p. 21, ss. 58, 59, 64, p. 75, s. 19. When tlie district locates it should choose an agent *■ to procure the land for the school-house hy purchase or appraisal." A hearing upon said petition is hereby appointed at • in the town of , on the — day of , next, at — o'clock in the noon ; and it is ordered that the pe- titioner give notice of said petition and hearing to the said , by giving to him, or leaving at his abode, an attested copy of said petition and this order thereon, fourteen days at least before the said day of hearing. Given under our hands, this — day of , 18 — . Selectmen of The copy may be attested hy the person serving it ; as - A true copy. Attest ; B , , 18 — . I certify that on the — day of , 18 — , I gave to , within named, [or, " I left at the abode of , within named," if such was the fact,] an attested . copy of the within petition and order thereon. M ss. , 18 — . Then appeared and made oath that the above certificate, by him signed, is true. Before me, , Justice of the Peace. Final order, as in s. 5, ante, to the word " oath," and then say : " we find that the lot of land described in said petition has been legally designated for a school-house lot, as stated in said petition, and that ■- — , the owner of said lund refuses to sell the same for a reasonable price ; and we therefore lay out said lot bounded and described as follows, [here insert the boundaries,] for a school-house lot, and apfiraise the damages to the said owner at the sum of dollars." SCHOOL-HOUSES. 35 Date, signing, filing and recording by the town clerk, as in s. 5. 9. Effect op laying out. Upon payment or tender of such damages, the land so laid out shall vest in said dis- trict, but shall revert to the owner whenever the district shall vote tb discontinue the use thereof, or shall cease to use the same for a school-house two years successively. — id. p. 168, s. 7. (a) An, entry without such payment or tender is a trespass.— 52_ Maine, 144. See ante, s. 7 (a). It is held in Massachusetts that if tlie proceedings for procuring a school-house lot do not conform to the statutes and the land is not legally taken, the district cannot have betterments.— 11 Gray, 40. But it is doubtful if such a construction would be given to our statute if the district has held under a supposed legal title for more than, six years before the commencement of the action. 10. Neglect to build, etc. If any district shall refuse or neglect to build, repair, reingve or fit up a school-house, or shall refuse or neglect to build such school-house upon or to remove it to the lot designated as aforesaid, the select- men, upon petition of three or more voters of the district, after hearing the parties, may assess upon the district, and collect such sums of money as may be necessary, and tliere- with cause such school-house to be built, removed, repaired or fitted up. — id. s. 8 ; Digest, p. 579, ss. 42-44. (a) Proceedings under the first clause of s. 10, ante, may be: To the Selectmen of the town of ; The undersigned, legal voters of School District No. — , in said town, respectfully represent that on the — day of last the school-house in said district was destroyed by fire, and said district has unreasonably neglected to build a school-house, and the undersigned therefore request you to assess upon the district and collect such sums of money as may be necessary and therewith to cause a school-house to be built. Dated at said , this — day of , 18—. [Signers.] Order of notice, service and return as in s. 6, ante. The final order, after proceeding to the word»' oath," ante, p. 32, "we find that the school-house of said district was destroyed as stated in said petition, that said petition- ers are legal voters in said district, and said district has unreasonably neglected to build a school-house, and we therefore assess upon said district and order to be collected the sum of dollars, therewith to cause a school-house to be built." Dite, signatures and recording as ante, s. 5. If the neglect has been to repair and fit up, the petition may allege that the school- house is, and for a longtime has been, insufficient and in need of repair, and that the district has unreasonably neglected to fit up and repair the same, Ac, and the final order be changed accordingly. (b) Proceedings under the second clause of s. 10, ante, may be: To the Selectmen of the town qf : The undersigned, legal voters of School District No. — , in said town, respectfully represent that on the — day of last, a parcel of land described as follows, [insert the description] was duly designated for -ttie location of a school-house by a vote of said district [or, " by a committee duly appointed by said district for that purpose," or, *' by the school committee of said town "] but said district has unreasonably neglected to build a school-house upon said lot, [or, " have unreasonably neglected to remove their school-house to said lot "] and the undersigned therefore request you to assess 36 SCHOOL-HOUSES. upon said district and collect sucli sums of money as may be necessary and therewith cause a school-house to be built upon said lot [or, " and therewith cause the school- house of said district to be removed to said lot"]. Dated at said , Ibis — day of , 18 — . ' ' ' [Signers.] Order of notice, service and return as in s. 5, p. 32, ante. Final order as in s. 5, p. 32, to the word " oath " anil then : " we find that the lot de- scribed in said petition was duly designated for the location of a school-house as stated in said petition, that said petitioners are legal voters of said district, and said district has unreasonably neglected to build a school-house upon said lot [or, 'have unrea- sonably neglected to remove their school-house to said lot '] and we therefore assess upon said district and order to be collected the sum of dollars, therewith to cause a scliool-house to be built upon said lot," [or, ' therewith to cause the school-house of said district to be removed to said lot.' ] Date, signature and recording as ante, s. 5. (c) The tax cannot be defeated by showing that the expenses were less than the es- timates, provided the selectmen have acted in good faith, and this will be presumed till the contrary is shown.— 45 E. 385, 397 ; Digest, p. 579, s. 44. The general form of assessment may be as in Town Ofacer, p. 179, s. 25, and the war- rant to the collector in the general form, p. 186, s. 17. As to new invoice, see s. 13, post. 11. Where school shall be kept. No district school shall be kept in any other place than the school-house be- longing to the district unless there is no school-house, or the school-house is out of repair, or not of sufficient size to accommodate the scholars ; in which case the prudential committee, with the consent of the school committee, may provide suitable rooms and conveniences for the use of the scholars at the expense of the district. — id. s. 9. (a) A verbal consent may be sufficient, but a written application, as follows, is advis- able: To the Scliool Committee of the town of : The undersigned, prudential committee of school district No. — , in said town, _ re- spectfully represents that the school -bouse belonging to said district is not of sumcient size to accommodate the scholars, and he proposes, with your consent, to provide suit- able rooms and conveniences for the scholars at the expense of the district at [describe], and requests your approval. Dated at said , this — day of , 18 — . , Prudential Committee. Approved this — day of , 18 — . School Committee. 12. In the assessment of school-house taxes, every per- son shall be taxed in the district in which he lives^ for his . poll and the personal estate which he has subject to taxa- t^n in town ; and all real estate shall be taxed in the dis- trict in which it is. — id. s. 10. (1) That is, in the district in which he lived on the 1st day of April, unless a new in- voice isjmade.— Gen. Sts. p. 120, C. 51, S. 1; p. 122, c. 53, ss. 1, 3; 52 E. 192; 32 Vt. R. 769 ; 31 do. 337 ; see 8. 13, post. If this should result in double taxation, the select- men can abate. See Town Officer, p. 182, s. 1. (a) If for any cause the vote upon which the'assessment is made is unauthorized, the selectmen will be liable for assessing and coUectiug the tax. See Town Ofhcer, p. 177, s. 20 (at. It is held elsewhere that one who pays such an illegal tax to the town col- lector or treasurer may recover it of the district. — 11 Gray, 487 : 3 Gush. 573 ; 12 Pick. 206 ; 51 Maine, 101 ; 41 do. 246. SCHOOL-HOUSES. 37 But it is presumed that it may be recovered of tlie tmvn if it has not been paid over to the dislrict, or the tax-payer may proceed against the selectmen. (b) An omission through error of judgiuent or mistake to assess a person liable to -i school-house tax does not invalidate the tax as against others. — 21 Pick. 76 ; 6 Met. 498. (c) If an illegal assessment has been made, the selectmen, or their successors, may make a new one. — 3 Mass. 231. It is no objection to the validity of an assessment that it is not made within the time directed by the statute. — id. 13. New invoice. The selectmen may make a new in- voice of all the property in the district, when necessary for the just assessment of the school-house taxes. — id. s. 11. (a) The mere fact of changes since the first of April, either in the ownership of profj- erty or by removals from the district, will not render a new invoice essential, for it may be just in some cases to tax upon the old invoice notwithstanding. — 42 R. 102; Digest, p. 679, ss. 46, 47. See ante, s. 12 (1). It has been held in Mass. that a person cannot be assessed in a school district alter hehasbeenseto.^ fromit.— 12Met. 178; 6 Gray, 413; 5 Pick. 323. 14. Non-residents. If such taxes are assessed after the first of July, in any year, upon the property of non-resi- dents, the collector may deliver a copy thereof to the deputy-secretary on or before the eighth day of the next June session of the general court, and further proceedings may be had in relation thereto as if such tax had been as- sessed in April preceding. — id. s. 12. See Town OiJicer, p. 196, ss. 4-26. 38 COMMITTEES AND TEACHERS. CHAPTER V SCHOOL COMMITTEES AND TEACHERS. ANJiUAL BEPOBT, SS. 21, 22. TJopy of to sec. of board, a. 22 (a). Branches required in scliools, s. 6. Additional branches, s. 7. Certificate, of moral character, ss, 3, 4. Of qualifications, ss. 3, 5, 8, 8 (a). Of return of register, ss. 17-19. OOLOBED CHILDBEU, 3. 12 (e). Compositions, s. 12 (d). Dismission of teacher, Upon petitioUj s. 9. Without petition, s. 10. Examination, of teachers, ss. 6, 7. Of schools, s. 20, 21. Injunction against district, n. 8 (a). Notice of dismission, s. 11. PeudentiaL committee, authority of, s. 1 (a). Eeligious exebcises, a. 12 (g). KULES AND REGULATIONS, 8. 12, S. 12 (a), (b), (c), (d), (e), (f), (g). School committee. Choice of or appointment, as. 1, 2. Compensation of, ss. 2, 3. Duties and authority, s. 1 (a), as. 3, 7,. 9-24. Scholars from out the district, s. 12 (a). School begistees, as. 17-19. Certificate of retarn of, s. 17. Effect of certificate, a. 18 (a). Trespass for registers, s. 17 (a). Sub-committee to examine, ss. 20, 21. .SUPEBINTENDENT Of schools, S. 21. sweeping school-house, s. 12 (b). Teachebs, qualifications of, as. 3, 6, 7. Authority of, s. 8, s. 12 (c), (d). Must produce certificates, s. 8. Must return register, ss. 17, 19. Not liable to parent, s. 6 (a). Suit by, for wages, s. 8(a), s. 18 (a). When dismissed, ss. 9-11. Text-books, change of, ss. 13, 14, 15. Not to be sectarian, s. 15. Parents to provide, s. 16. Vacations, s. 12 (f). 1. School committee. Every town may elect' annually, by ballot, a school committee of so many persons as they think fit ; and whenever any town shall neglect to choose such committee in manner aforesaid, or otherwise according to law, the selectmen, before the twentieth of April, shall appoint^ such committee. — Gen. Sts. p. 169, c. 81, s. 2. (1) A vote to choose five persons as an " examining committee," is a sufficient desig- nation.— 13 Pick. 229. (2) To , of the town of : Whereas said to^wn has fkiled to elect a school committee at its annual meeting, we, having confidence in your ability, discretion and integrity, hereby appoint you school committee of said town for the year 18 — , and upon your taking the oath of office, and having this appointment and the certificate of said oath recorded in the records of said town, you shall have the powers, perform the duties and be subject to the liabilities of said office, until another is chosen or appointed and .sworn in your stead. Witness our hands this — day of , 18 — . ) Selectmen "~~ > of (a) It is held in Mass. that the school committee may break open a school-house, from which a teacher has been unlawfully excluded, and re-instate him. — 8 Cush. 191. But it is presumed that they could not do it here, against the will of the prudential committee. See 37 Vt. 497; 24 do. 28. 2. Ant town mat adopt a bt-law providing for the choice of a school committee of such number, chosen in such manner, for such terms, with such title, and such pow- ers relating to schools, as they may think proper ; and the COMMITTEES AND TEACHERS. 39 committee sb chosen shall hold office and have power accordingly ; and shall perform all the duties imposed by law on school committees. — id. s. 2. 3. To EXAMINE TEACHERS. The school committee shall examine all persons proposing to teach school in the town, who shall produce satisfactory evidence of good moral character and of suitable temper and disposition for teach- ers, in such branches as are usually taught in the class of schools in which they propose to teach, and as to their capacity for governing the same ; and if found competent they shall give them certificates thereof, setting forth the branches they are capable of teaching. — id. s. 3. 4. A CEKTIPICATE OP MORAL CHARACTER may be : This certifies that we have been acquainted with the bearer, , of this town, for — years, and that he is a person of good moral character, and of suitable temper and disposition for a teacher. Witness our hands at , this — day of , 18 — . [Signers.] An informal letter or verbal statement may be " satisfac- tory " if the committee choose so to regard it. 5. A CERTIFICATE OP QUALIFICATIONS may be : This certifies that is well qualified to in- struct' youth in reading, spelling, English grammar, arith- metic, and the •elements of geography and history^. Witness our hands at , this — day of , 18 — . ) School Committee } of (1) This implies a capacity to govern, and, if tliis is wanting, tlie certificate should be withheld.— 9 Allen, 94. (2) If other branches are to he taught the certificate should specify them. It should in all cases specify the branches which the applicant is found competent to teach and is expected to teach. 6. Branches required. Teachers of common schools shall be examined in reading, spelling, writing, English grammar, arithmetic, and the elements of geography and history, and in other branches usually taught in said schools. — id. s. 9. 40 COMMITTEES AND TEACHERS. (a) A teacher is not liable to a parent for refusing to instruct -liis children.— 23 Pick. 224. 7. Additional branches. The school committee may prescribe for any school, where in their judgment it shall be proper, the study of surveying, geometry, algebra, book- keeping, philosophy, chemistry, natural history and physi- ology, or any of them., and other suitable studies ; and teachers proposing to teach in such schools shall be exam- ined in those branches in addition to those required of other teachers. — id. s. 5. 8. No PERSON SHALL BE EMPLOrED OR PAID FOR SERVICES AS A TEACHER unless he shall produce and deliver to the prudential committee a certificate of the school committee of the town in whicli the district where the school is to be kept is, or is deemed to be, that he is well qualified to in- struct youth in the branches to be taught in such school. — id. s. 5. (a) Until such certificate has been ohtained and dellrered to the prudential coramit- tee, or offered to him, the person cmjiloyed has no right to wages and no aufkority. And the court, upon application by any inhabitant of the district, will grant an injunc- tion against paying one for services prior to the time he obtained his certitlcate. — 19 R. 170; Digest, p. 133, s. 115; 9 Allen, 84; 27 Maine, 266, 278; 20 do. 1S4. It must be signed by a majority of the cortiinittee;.but it thus signed, it CRnnot be objected that the committee did not act together in tlie examination— 27 Maitie, 266, 278 ; nor that it was gi-anted without any examination provided it was not obtained by fraud — 20 Vt. 496. The certificate should be from the committee of the current ye£h-. — 20 Maine, 37. 9. Dismissing teachers. The school committee, upon petition of a majority of the legal voters in any district for the dismission of a teacher, after giving to the parties twenty-four hours' notice and a hearing, may dismiss him, if in their judgment such dismission will best promote the in- terests of the district. — id. s. 7. It majf occur that the dismission of a competent teacher without any fault on bis part " will best promote the interests of the district,"but such cases must be extremely rare. The form of proceedings under s. 9 may be ; To the School Committee of the toivn of ; The undersigned, constituting a majority of the legal voters in school di.strict No — , in said town, respectfully represent that the dismission of , who is a teacher in said district, will best promote the inlerest of the district [reasons may be assigned if deemed expedient], and they therefore request that he may be dismissed. Dated at said . , this — day of 18 — . rSigners 1 Order of notice by the committee and service and return as in (b) s. 2S p 29 a7ite Fival order as in(c) s. 28 p. 29, ante, to the word "oath," and then : "in our Judgment the dismission of said will best promote the interests of the district [reasons may be -assigned if deemed expedient], and a majority of the legal voters having petitioned for his dismission as aforesaid, said teacher is hereby dismissed." Recording and filing as m (d), (e), s. 26, p. 29, ante. COMMITTEES AND TEACHERS. 41 10. Without a hearing. The school committee shall without a petition dismiss any teacher who is found hy them incapable or unfit to teach, or whose services are found un- profitable to the school, or who shall not conform to the regulations prescribed by them. — id. p. 170, s. 8. An order under s. 10, may be as follows; Whereas the services ol , who is employed as a teacher in school district No. — , are found by us to he unprofitable to the district (reasons m^y be assigned if deemed expedient] said teacher is hereby dismissed. Bate and recording as s. 28 (d), p. 30, ante. 11. Notice of removal. The school committee, upon dismission of any teacher, shall give immediate notice thereof to the teacher and prudential committee ; and the teacher shall receive no pay for his services after such no- tice. — id. s. 9. Notice to the prudential committee may be : To the Prudential Committee of School District Xo. — .' You are hereby notified that , heretofore employed aa teacher in said district, has this day been dismissed. Witness our hands this — day of , 18—. ) School Committee of Notice to the teacher may he as follows: To , a Teacher in Sclujol District No. — : You are hereby notified that [upon the petition of a majority of the legal TOters of said district] you have this day been dismissed [reasons may be assigned if deemed expedient]. Witness our hands this — day of , 18. "I School Committee of Service of the notice should be made by giving or leaving the original and retaining a copy; see ante, p. 30, s. 28 (f ), (g). 12. Rules and regulations. The school committee may prescribe suitable rules and regulations for the manage- ment, studies, classifi-cation and discipline of the schools, whenever they deem the same necessary; and the same being recorded by the town clerk, and a copy thereof given to the teachers and read in the schools, shall be binding upon scholars and teachers. — id. s. 10. The school committee may make such rules and regula- tions respecting the attendance of the public schools in their respective towns as in their opinion may be neces- sary. — Laws-of 1868, p. 145, c. 9. Such regulations may be in form as follows : regulations for schools in the town of . No child under three years of age shall attend any sum- 42 COMMITTEES AND TEACHERS. mer school, and no child under four years of age shall at- tend any winter school. School-rooms shall be kept warm and clean, and teachers may in their discretion require scholars to kindle fires and sweep school-rooms. Scholars shall be responsible to teachers for any miscon- duct in going to or returning from school except when in the immediate care of their parents, masters or guardians. Compositions shall be required of the most advanced class in grammar once in two weeks during the term. Witness our hands this — day of , 18. ) School Committee ( of Eecording by town clerk as in Town Officer p. 85, s. 42 (c). (a) The act of 1868 was not probably intended to authorize the school committee to determine in relation to the attendance of scholars from out the district. See ante^ p. 17, s. 32. (ta) Ordinarily a regulation that scholars shall sweep the school-room is reasonable and valid.— Kideout vs. "Woods, Hillsborough March Ad. Term, 1868. (c) It is said by Aldis J,, iu32 Vt. R. 120, that the supervision and control of the master over a scholar extends Irom the time he leaves home to go to school till he returns. The question does not appear to have come before the courts of this state, and to re- nfove doubts it may he well for the school committee to make a rule on the subject. The case in Vt. was where the scholar some hours after his retijrn home, but in the presence of other scholars, used insulting language toward the teacher for which he was punished by the teacher on his return to school the next morning. The court held that although the teacher has in general no right to punish for misconduct after school hours and the return of a pupil to his home, yet he may on the pupil's return to school punish him for any misbehavior " which has a direct and immediate ten- dency to injure the school and subvert the master's authority," and the jury found the misconduct in that case was of this character. — ^Lander vs. Seaver, 32 Vt. 114. (d) It has been decided in Vermont that the teacher may require compositions of the grammar class and that a scholar may be expelled who does not conform to the reqairement.— 32 Vt. 225. " It seems that such a requirement would be reasonable and proper in the majority of the studies prescribed for district schools."— id, per Redfield, Ch. J. (e) It has been decided in Massachusetts, under a similar statute, that separate schools maybe provided for colored children. — 5 Gush. 198. (f) The school committee may determine the vacations if they see fit.— 12 Gray, 61. (g) It has been decided in Massachusetts that the school commil,tee of a town may lawfully make a rule that the schools shall be opened each morning with reading from the Bible and with prayer, and that during prayer each scholar shall bow the head, unless his parents shall request that he be excused from doing so ; and that they may . lawfully exclude from the school a scholar who refuses to comply with such rule ana whose parents refuse to request that he be excused from complying witi. it.— Speller vs, Woburn; 12 Allen, 12T, It was considered that a regulation that the scholar should bow the head did not compel him to join in the prayer, but was merely to preserve order and decorum dur- ing the services. *' A regulation," said Oh. J. Bigelow in delivering the opinion of the court, "requiring the pupils to conform to any religious rite or observance or go through with any religious forms or ceremonies which are contrary to their religious - convictions or couscientious ssruples, would be a violation of the spirit of the consti- tution of the state, which provides that * no one shall be hurt or molested in his per- son, liberty or estate for worshipping God in the manner and season most agreeable to the dictates of his own conscience.' " COMMITTEES AND TEACHERS. 43 13. Text-books, change op. Any text-book or series of text-books on one subject, which on the tenth day of July, 1867, shall have been in established use in any school for a less time than three years, and any which shall be there- after introduced by the school committee, shall continue in use therein for the term of three years from its introduc- tion, and during that time no other text-books on the same subject shall be used. — id. s. 11. 14. The school committee may direct a change of one of the text-books or series of text-books on one subject, used in each class of schools kept in town, annually, and no more. — id. s. 12. 15. Not sectarian. No book shall be introduced calcu- lated to favor any particular religious or political sect or tenet. — id. 16. Parents, ETC., to provide. The parents, masters, or guardians of the scholars attending school, shall supply such scholars with the books required to be used in the schools ; and upon neglect or refusal, after notice, the same shall be furnished by the school committee at the expense of the town ; and the cost of the same shall be added to the next annual tax of such parent, master, or guardian, if able to pay the same. — id. s. 13. 17. School registers. The school committee shall furn- ish to every teacher one of the blank registers required to be furnished by tj^e board of education, and each teacher shall cause all proper entries to be made therein as required by said board ; and in the absence of such register he shall keep a record of the names and ages of all the scholars attending his school, the studies pursued by each, and the number of half days each has attended his school. — id. s. 14. (a) It has beea held in Massachusetts that the school committee cannot maintain trespass for school registers taken from their possession. — 3 Gush. 549; 14 Gray, 160; but see _ igest, p. 613, s. 32. 18. Return op. Every teacher, at the close of his school and at the end of each term thereof, shall make a return of such register or record to the school committee of the town, who shall give to him a certificate thereof; and no teacher shall receive payment for his services, until such 44 COMMITTEES AND TEACHERS. certificate is produced and delivered to the prudential com- mittee. — id. s. 15. (a) As the certificate is now reciuirea it will protect the prudential committee in paying ; but it may not be conclusive in an action by the teacher for his wages.— 2 Al- len, B93. 19. The certificate may be as follows: This certifies that , a teacher in school district No. — , has returned to us a school register or record as required by law. Witness our hands this — day of , 18 — . ) School Committee i of 20. Visiting schools. The school committee shall visit, and examine personally, or by a sub-committee by them ap- pointed, each school kept in town, at least twice in each term, near the beginning and toward the close thereof. — Geu. Sts. p. 170, c. 81, s. 10. 21. By SUB-COMMITTEE. Such school Committee may elcct one of their number to visit and superintend the schools, who shall make report to the committee of his doings, and of the state of the schools, before the first day of March annually. — id. s. 17. 22. Annual report. The school committee shall present to the town, at its annual meeting, a report stating the number of weeks the public schools have been kept in each district, in summer and winter, and what portion by male and what by female teachers ; the whole number of scholars that have attended each school, and the number attending to each study ; the number of children between four and fourteen that have not attended school, and the number of persons in each district between the ages of fourteen and twenty-one years who cannot read and write, with such sug- gestions relative to the schools as they may think useful. — id. p. 81, s. 19. fa) They must transmit a copy of their report to the sec- retary of the board of education before the first day of April annually. — Gen. Sts. p. 275, c. 84, s. 4. COMMITTEES AND TEACHERS. ■ 45 A table in the following form will be found convenient : ^ No. of District. S .s 1 a a Names of Teachers. o 1 1 % Cm O a ■3 ■s *. 6 a 5 is ^^i oS^ !zi K K z; 1. Summer. Miss S. F. Winter. Mr. C. K. M. 2. Suimtier. Miss A. B. Winter, Mr. J. C. G. * Similar columns for the other branches. 23. Compensation. The school committee, upon satisfy- ing the selectmen that they have attended to the duties and made the reports by law required, shall be entitled to re- ceive such reasonable compensation as the town may deter- mine. — id. s. 20. 23. Superintendent. Any town, by a by-law, may pro- vide for the election, in such manner as they think fit, of a superintendent of schools, who shall hold his office for such term, be vested with such of the powers and charged with such of the duties of the school committee and of the pru- dential committee, and be entitled to such compensation, as may be therein provided. — id. s. 18. 46 • HIGH SCHOOLS. CHAPTER VI. HIGH SCHOOLS. Districts foe, how formed, ss. 2, 3. By vote of town or district, s. 2. By union of districts, s. 2. Organization of, how effected, a. 4, s. 4(a)> High-school committee, ss. 7, 8. School committee to act as such, a. 10. Pkudeittial committee, ss. 9, 11. When selectmen shall appoint, ss. i, 11. School-house for high schools, s. 12. Special statutes continued in force, as. 13. Raising money for high schools, ss. 5, 6. 1. Districts for. Districts for the support of higli schools may be establislied in any town, which shall have the same powers and be subject to the same rules as other school districts, except so far as they may be changed by this chapter. — Gen. Sts. p. 171, c. 82, s. 1. 2. By tote op town or district. Any town, by vote in town meeting or by by-law, and any school district having not less than one hundred children between six and sixteen years of age therein, by vote of two-thirds of the legal voters at a legal meeting, or by a by-law adopted by the like proportion of voters, may determine to establish a high school, and shall thereby be constituted a high school dis- trict ; and by a like vote such district may be discontinued, —id. s. 2. The article in the warrant for the district meeting may he : " To see if said district will hy a vote of two-thirds of the legal voters at said meet- ing establish a lii^h school;" and the record of the vote maybe: "Upon the article in the warrant, it was moved and seconded that said district establish a high school; upon which motion twelve voted in the affirmative and six in the negative, and two-thirds of the legal voters at said meeting voting in favor of said motion, it was adopted.'* 3. Union district. Two or more school districts in the same or different towns, by concurring votes of two-thirds of the voters present at a legal meeting of each district, may unite in the support of a high school and shall be a high-school district. They shall nevertheless each retain their separate organization for the support of the common schools therein. — id. s. 3, as amended by act of July 9, 1869. The article in the warrants may he : "To see if said district will by a two-thirds vote unite with school district No. — , in the town of , in the support of a high school. " / HIGH SCHOOLS. 47 And the vote may be : *' Upon the — ^ article in the warrant it was moved and seconded that said district unite with school district No. — , in the town of , in the support of a high school, and with said district constitule the— — Union high-school district, upon which motion twenty voted in the affirmative and six in the negative, and two-thii\l3 of the voters of said district present ac said meeting voting for said motion, it was adopted." '• Voted, that the clerk be directed to certify the proceedings of this meeting to said district No. — ." 4. Organization. If two or more districts have voted to unite, an applicatioa should be made to the selectmen to appoint a prudential committee of the high-school district ; and this is the more prudent course, when a single district has voted to establish a high school, although in the latter case the appointment had better be given to the then pru- dential committee of such district. If two or more dis- tricts in different towns unite, the selectmen of the town in ■which most of the voters reside can probably appoint. — ante, p. 11, s. 13. , (a) In calling the first meeting nf the high-school district (as there is no high-school house), it is advit*ed that a copy of the warrant be posted at the school-honse in each district composing the high-school district, and also iu some other public place in such district. 5. Mat APPROPRIATE MONET. Such towu or district may, by vote or by-law, appropriate such part of the school money to which they are entitled as they think fit for the support of the high school, and the same shall be paid to the prudential committee of such high-school district, or to the officer or agent of the town or district who is charged with his duties. — id. p. 182, s. 4. 6. Additional sum. Such town or district may, by vote or by-law, raise such'sum, in addition to the school tax re- quired by law for the support of such high school, as they shall think proper, which shall be assessed and collected as other school taxes, and paid over to the prudential commit- tee or officer charged with his duties. — id. s. 5. 7. A HIGH-SCHOOL COMMITTEE may be elected by such town or district in the same manner as school committees may be chosen — id. s. 6. 8. Duties op. The high-school committee shall have the entire charge thereof, shall prescribe and ascertain the qualifications of the teachers, prescribe the course of stud- ies, the books to be used, and the qualifications requiied for admission, and generally shall have the same powers 48 . HIGH SCHOOLS. and perform the same duties in regard to such high schools as school committees in relation to common schools. — id. s. 10. 9. A PRUDENTIAI, COMMITTEE of Bucli district may be cho- sen, or the high-school committee or any other officer or agent of such town or district may, by vote or by-law, be charged with the duties of such prudential committee. — id. s. 7. 10. Ip no HIGH-SCHOOL COMMITTEE IS CHOSEN Or appointed, the school committee of the town shall be ex-officio the high-school committee of such district. — id. s. 8. 11. If no PRUDENTIAL COMMITTEE IS CHOSEN, and no per- son is charged with his duties, or if from any cause there is a vacancy in said office, the selectmen shall fill such va-. cancy as provided in the case of common school districts, —id. s. 9. See ante, p. 27, ss. 24-26. 12. Ant high-school district may purchase a suitable lot for their school-house, and in case the location of a school-house has been fixed according to law, and the agents of the district cannot agree with the owner for the purchase of the same, the selectmen may lay out such lot, not exceeding half an acre, as in other cases. — id. s. 11. 13. Special statutes. All statutes heretofore passed applying to particular places or districts, relating to schools or the committees or officers thereof, now in force, shall remain in force until repealed, altered or suspended. — id. s. 12. SCHOLARS. 49 CHAPTEE VII. SCHOLARS. Adolts, s. 15. Factoey cliildren, ss. 11, 14. ExruLSiuN, sf. 5, 10. Prom other dtstkicts, rs. 1, 2. Pe.nalties npon scliulars, ss. 2, 5, 6. Upon others, a. 13. PUKISHMENTS, 8. 10. Place Oi? attekdance, ss. 2, 3. Reform School, ss. 8, 9. Teaciikr, autliority of, ss. 15,16. Truants, by-laws ibr, s. 6. Officers to enforce, s. 7. Truants may be fined, s. 9. May be sent to reform school, ss. 8, May give bond, s. 10. Vaccinatioh, 8. i. 1. PitOM OUT THE DISTRICT. No pcFSon sliall have a right to attend school, or to send any scholar to the school, in any district of which he is not an inhabitant, without the consent of the district or of the prudential committee. —Gen. Sts. p. 173, c. 83, s. 1. See ante, p. IT, s. 32(1), p. 42, s. 12(a). 2. No SCHOLAR WHO SHALL HAVE BEEN ASSIGNED tO a par- ticular school by vote of the district, or by the committee authorized by the district to assign the scliolars to particu- lar schools, shall have the right to attend any other school in the distiict until assigned thereto. — id. s. 4. 3. Penalty for attending elsewhere. If any scholar, after notice, shall attend or visit a school which he has no right to attend, or shall interrupt or distui'b the same, he shall be fined for the first offence five dollars, a:nd for the second offence he shall be fined ten dollars, or be impris- oned not exceeding thirty days. — id. s. 6. 4. No child, unless he has been duly VACCINATED or has had the small-pox, is entitled to attend any public school ; and the prudential committees of the several districts, and those who exercise the powers of such committees, shall not allow any such child to be admitted to or connected with any such school. — id. s. 2. 5. Any scholar may be dismissed from school by the school committee for gross misconduct ', or for neglect or refusal to conform to the reasonable rules of the school ; and shall have no right to attend the school till restored by the school committee. — id. s. 3. 1) This may be out of school and school hours as well as in.— Gush. 160. See ante, p. 42, s. 12 (b). 50. SCHOLARS. 6. Ant TO■w^f may make by-laws concerning habitual truants and children not attending school, without any reg- ular and lawful occupation, between the ages of six and sixteen years, and to compel the attendance of such child- ren at school, not repugnant to law ; and may annex pen- alties for the breach thereof not exceeding ten dollars for each offence. — id. s. 10. 7. Such town may appoint three or more officers to en- force such laws, either of whom, and no other, may make complaint for such offences, and shall be authorized to serve any process relating thereto. — id. s. 7 ; 10 Allen, 149. 8. Eeform school. Any offender against such by- laws, upon conviction, may, instead of such fine, be sen- tenced to the reform school for a term not exceeding one year. — id. s. 8. 9. Committed for pine. , Any such offender, on conviction and sentence to pay such fine, may, in default of payment, be committed to the reform school till the same be paid or he is otherwise discharged ; but the court or justice impos- ing such sentence may at any time discharge such offender, on proof that he is unable to pay said fine, and has no parent, guardian, or person chargeable with his support, able to pay it. — id. s. 9. 10. Such offender so convicted may give bond to the town in the penal sum of twenty-five dollars, with sufficient sureties, approved by the court of justice before whom he was convicted, conditioned to attend regularly some district or other school kept in such town, for one term next ensu- ing, when the same is kept, to comply with the regulations thereof, and to be obedient and respectful to the teacher ; and his fine may thereupon be remitted by such court or justice on payment of the costs. — id. p. 174, s. 10. 11. Factory children. No child under fifteen years of age shall be employed in any manufacturing establishment, unless he has attended some public school, or private day school where instruction was given by a teacher competent to instruct in the branches taught in common schools, at least twelve weeks during the year preceding. — id. s. 11. 12. No CHILD UNDER THE AGE OP TWELVE YEARS shall be BOARD OF EDUCATION. 51 employed as aforesaid, unless lie has attended school as aforesaid at least six months during the year preceding, or has attended the school of the district in which he dwelt the whole time it was kept during the year. — id. s. 12. 13. Penalty. The owner, agent or superintendent of any manufacturing establishment who shall employ such child without requiring a certificate, signed by the teacher of such school or prudential committee of the district in which it was kept, that such child has attended school as aforesaid, shall be fined fifty dollars. — id. s. 13. 14 The school committee of every town in which any manufacturing corporation is located have power to enforce the foregoing sections (11 to 18), and all necessary expense arising from prosecutions instituted by them for this pur- pose will be audited, and paid for out of the town treasury. —Act of July 7, 1869. 15. Adults. When a person over twenty-one attends as a scholar the master has the same authority over him as over others. — 27 Maine, 266. 16. The use op force. The power of expulsion vested in the school committee dogs not take from the master the right to use force, if necessary, to maintain his authority, and he may call upon others to assist him. — 27 Maine, 266, 279. See ante, pp. 41, 42, s. 8 (1), s. 12 (c). Punishments inflicted must not be excessive. — id. ; 32 Vt. 114. CHAPTER VIII. board op education and teachers' institutes. Board, of whom composed, s. 1. Bepojit of, to be printed, etc., s. 7. School coiiMiTXKE/dutiesof, s. 5. Penalty for neglect, s. 6. StJPEiiTNTENDENT, appointment of, 8. 2. Duties of, ss. 2, 4, 7. Salary of, s. 3. Teachers' imstitutes, s. 8. 1. The governor and council shall constitute and be denominated the board of education, and shall have general 52 BOARD OP EEUCATION. supervision and control of the educational interests of the state ; shall prescribe the form of registers to be kept in the schools, and the form of blanks and inquiries for the returns to be made by the school committees ; shall annu- ally, on or before the third Wednesday in June, lay befofe the genei^al court a report containing a printed abstract of said returns, and a detailed report of all the doings of the board, with such observations upon the condition and effi- ciency of the system of popular education in this state, and such suggestions as to the best means of improving it, as the experience and reflection of the board may dictate. — Gen. Sts. p. 174, c. 84, s. 1. 2. The goveknob and council shall appoint a superin- tendent of public instruction, who shall have assigned him, by the governor and council, suitable office-room in the state-house, and who shall be ex officio a member and the secretary of the board of education, who shall hold his office for the term of two years, and who, under the direc- tion of said board, shall make the abstracts required by the preceding section ; he shall also suggest to the board and to the general court improvements in the system of public schools ; shall visit, as often as .other duties will permit, different parts of the state for 'the purpose of awakening and guiding public senthnent in relation to the practical in- terests of education ; shall collect in his office such school- books, apparatus, maps and charts as can be obtained without expense to the state ; receive and arrange in his office the reports and returns of the school committees, and receive, preserve or distribute the state documents in rela- tion to the public schools, and discharge such other duties as may be assigned him by law. — id. s. 2. 3. Salary. The superintendent of public instruction shall receive an annual salary ot twelve hundred dollars, and his necessary traveling expenses incurred in the perform- ance of his official duties, after they shall have been audited and approved by the board ; and all postages and other necessary expenses arising in his office shall be paid from the treasury in the same manner as those of other depart- ments of the government, all accounts being first audited and allowed. — id. p. 176, s. 7. BOARD OF EDUCATION. 58 4. Duties of. The superintendent of public instruction shall, under the direction of the board of education, give sufficient notice of such meetings of teachers of public schools, members of school committees of the several towns, and friends of education generally, in any county, as may voluntarily assemble at such time and place as may be designated by the board, and shall at such meetings collect information as to the public schools of the county, of the fulfillment of the duties of their office by members of school committees, and of the circumstances of the school dis- tricts in regard to pupils, teachers, books, apparatus, and methods of instruction, to enable him to furnish all infor- mation desired for the report of the board of education ; he shall send the blank forms of inquiry, the school regis- ters, the annual report Of the board ( including his own report to said board), to the clerks of the several towns and cities, for the use of the several school committees therein, as soon ag they are ready for distribution. — id. s. 3. 5. School committees to beport to him. The school committee of each town shall, before the first day of April annually, transmit to the secretary of the board of educa- tion a copy of the report by them presented to the town at its annual meeting, and answers, according to the forms provided, to all such questions as may be proposed by said iaoard of education relating to the appropriation of school money received, the studies pursued in the schools, the methods of instruction and discipline adopted, the condi- tion of school-houses, and any other subject relating to schools. — id. s. 4. 6. Penalty for neglect. The school committee of any town who shall neglect to make the return aforesaid, agree- ably to the preceding sections, shall be fined not exceeding fifty dollars. — id. s. 6. 7. Printing. The superintendent of public instruction shall procure, under authority of the secretary of state and at the expense of the state, four hundred copies of the re- port of said board to be printed, and lay -them before the general court, to be disposed of at their discretion ; one hundred copies for the purpose of exchange with other states and for disti-ibution among the friends of education, 54 teachers' institutes. and one additional copy for each town, ward, and unincor- porated place having ten legal voters. — id. s. 6. 8. A teachers' institute is provided for by the act of July 3, 1868, as follows : Be it enacted hy the Senate and Souse of Representatives in General Court convened : Section 1. There shall be held annually, in each county, under the supervision of the state superintendent of public instruction, a teachers' institute. Sect. 2. To defray the necessary expenses and charges, and to procure teachers and lecturers, for such institutes, the governor may draw his warrant upon the treasurer for a sum not exceeding three thousand dollars per annum. Sect. 3. The said superintendent, by himself, or by such person as he may, with the consent of the board of educa- tion, delegate, may appoint and give notice of a time and place for the meeting of such institute, and make suitable arrangements therefor. Sect. 4. The said superintendent may, with the advice and consent of the board of education, determine the length of time during which a teachers' institute shall remain in session, which in no instance shall be less than eight days, and what portion, not exceeding three hundred dollars, of the sum provided for in the second section of this act shall be appropriated to meet the expenses of any such institute, and the governor may draw upon the treasurer therefor, in favor of the said superintendent or other person delegated as aforesaid, his account having been previously approved by the board of education. Sect. 5. All acts and parts of acts inconsistent with this act are hereby repealed. INDEX. Abatement of tax, p. 36, s. 12 (1). ADJOINIUa TOWKS, p. 7-14, 88. 5- 0, p. 43, 8. 3. Adjoobned meetino, p. 16, B. 28 (a), p. 25, B. 22 (2). Agents, choice or appointment of, p. 34, a. 8(1), p. 15, 8. 26 (a). Personal liabilities of, p. 16, s. 27 (aj. Annual mekting, p. 19, «s. 3-9. Ambn'dment op records, p. '.'5, 8. 22 (1). APi'dlNTMENT, form of, p. 25. s. 20 (2). Apportioning debts and property, p. U, as. 21, 22. Form of, p. 10, b. 12 (b). Betterments, when allowed, p. 35, a. 9, (a). BOARD OF EDUCATION, p. .52, aa. 1-7. Board of teachers, by whom fur- nished, p. 28, s. 27 (b). Branches to be taught, p. 39, aa. 6, 7. lilTILDlNG COMMITTEE, p. 31, 8. 4, 8. 4 (a). CeRTIFIOATE of MORAL CHARACTER, p. 39, SB. 3, 4. Of qualilicationg, p. 39, ss. 3, 5, 8, a. 8(b). Of return of register, p. 44, sa. 17-19. Of posting warrant, p. 20, ss. 5-7. Of votea to raise money, p. 25, s. 22, and notes. OriEOK-LiST, use of, p. 23, ss. 16, 17. Clerk of district, see District Clerk. Pro tempore, p. 25, s. 21. College grant, money of, p. 5, s. 13. Compositions in schools, p. 42, a. 12, (d). Debts of school districts, p. 16, as. 27, 28. Apportioning, p. 14, ss. 21, 22. Liability of agents for, p. 16, s. 27 (a). District clerk, choice of, p. 20, s. 5. Appointment of, p. 24 , sa. 19,25. Custody of records by, p. 25, 8.,22 (1). To. administer oaths-, p. 25 , s. 22. To certify votea, p. 25, s. 22. To keep records, p. 25, ss. 22, 23. Districts, see School Diatricta. DisTUKCiNQ schools, p. 49, s. 3. Factory children, protection of, p. 50, as. 11-14. Duties of school committees, p. 50, o. l4. Penalties for violating law, p. 50, ss. 13, 14. FliOGGINO, p. 51, s. 16. Furniture and apparatus, p. 30, s. 1. Hall in school-house, p. 31, a. 1 (a). HIGH SCHOOLS, p. 46. Illegal meetings, pp. 19, 23, sa. 1 ^aj, 14. Illegal voting, penalty for, p. 24, s. 18. Illegal rates, effect of, p. 36, a. 12 (a), (0). Injunction against district, p. 40, 8. 8(a). Insuring school-houses, p. 16, a. 29. Justice to call meetings, p. 19, as. 4, 8,9. Legality, when presumed, pp. 15, 18, S3. 25, 37. Legalizing meetings, p. 23, :>. 14, pp. 15, 8. S3. 15, 37. MEETINGS AND OFFICERS OF SCHOOL DISTRICTS, p. 18. Adjourned meetings, p. 25, a. 2-2 (2). Amenilment of recorda, p. 25, a. 22 (1) . Annual, p. 19, sa. 3-9. Certificate of posting, p. 20, ss. 6, 7. Certiticiteof votes, p. 25, s. 22. Check-list, use of, p. 23, as. 16, 17. Clerk, choice of and duties of, p. 19, 8. 5 (1), pp. 24-26, ss. 19-25. Clerk pro tempore, p. 26, a. 21. Illegal meetings, p. 19, s. 1 (a), p. 23, s. 14. Illegal votea and voting, p. 24, s. 18, p. 36, s. 12(a), (c). ■ Justice to call meetings, p. 19, ss. 4- 13. Legalizing meetings, p. 23, a. 14. Moderator, choice of and duties, p. 24, 83. 19-21. Moderator pro tempore, p. 25, s. 21. Official oath, p. 24, ss. 20, 22, a. 20 (2). Organization, p. 15, ss. 25, 31. Poating warrant, p. 19, ss. 2, 5, 7. Prudential committee, see^osf. Public place, poating in, p. 19, 8.2 (1). Ratifying proceedinga, p. 19, s. 1 (a), p. 23, s. 14, p. 31, s. 4. Record of meetings, p. 25, sa. 22, 23, a. 22(1). Special meetings, pp. 19-22, sa. 3, 4, 10-13. Vacancies, and how filled, p. 27, ss. 24-26, 56 INDEX. Voters in school districts, p. 23, ss. 15, 18. "Warrant, general form of, p. 20, s. 6. "Warrant by justice of the peace, p. 21, ss. 9,11, 13. "Warrant, posting and return, p. 19, ss. 2, 5, 7. MoDEiiATOR. choice of, and duties, p. 24, ss. 19-21. Pro tempore, p. 25, s. 21. New distkiot, how formed, pp. 6-12, ss. 1-19, p. 17, BS. 35,36. NOW-KESIDKXT TAXE.S, p. 37, S. 14. OCCA,SIOKAL KEPAIES, p. 28, S. 27, 27 (c). Official oath, form of, p. 24, s. 20 (2). By whom administered, p. 24, ss. 20, "22. Parents to furnish books, p. 43, s. 16. Posting warkakt, p. 19, ss. 2, 5, 7. Private schools, p. 31, s. 1 (b). Peoperti- appoetiomed. p. 14, SB. 21, 22. Torm of proceedings, p. 9, SB. 10-12. Peudektial committee, p. 23, ss. 19- 28. Acting committee, p. 23, s. 14 (1). Appointment of, p. 27, ss. 24-26. Control of school-liouse, p. 38, s. 1 (a), p. 36, s. 11 (a). Control of school money, p. 4, s. 4(2). General duties of, p. 28, s. 27, s. 27 (a). May be dismissed, p. 28, s. 28. Forms of proceeding, p. £9, b. 28, notes. PiraLic place, what is, p. 19 s. 2 (1). Eailroad tax, p. 6, s. 16. Eatifying previous votes, p. 19, 8. 1 (a). Acts of building committee, p. 31, s. 4, Eeoonsidekation, effect of, p. 16, s. 28, (a;). Eeoordikg proceedings, p. 25, ss. 22, 23, s. 22 (1). By district clerk, p. 25, ss. 22, 23, s. 22 (1). By town clerk, p. 29, ». 28, p. 11, s. 12 (c). Eecords, custody of, p. 25, s. 22 (1). How construed, p. 25, s. 22 (1). May be amended, p. 25, s. 22 (1). Replevin for, p. 25, s. 22 ( 1 ). Religious exercises in schools, p. 42, s. 12 (g). Eemoval from district, p. 37, 8. 13 (a). EULES AND regulations, p. 41, S. 12, notes. SCHOLARS, p. 49. Adults, p. 51, 8, 15. Assignment of, p. 49, ss. 2, 3. Colored children, p. 42, s. 12 (e). Disturbing schools, p. 49, s. 3. Factory children, p. 50, ss. 11-14. Flogging, p. 51, s. 16. From other districts, p. 42, s. 12 (a), p. 49, 8. 1. Truants, by-laws for, p. 50, s. 6. Truants may be lined, p. 50, s. 9. . Truants may give bond, p. 50, s. 10. Truants may be sent to relbrm school, p. 60, ss. 8. 9. Truants, officers to enforce by-laws, p. 60, S.7. SCHOOL COMMITTEE, Annual reports by, p. 44, ss. 21, E2, Appointment of, p. 38, s. 1, s. 1 (2). Compensation of, p. 45, s. 23. General duties of, pp. 38, s. 1 (a), pp. 39-45, ss. 3, 9-16, 20, 24. To act as high school committee, p. 48, s. 10. To change districts, etc., pp. 7-14, ss. .5-20. To dismiss teachers, p. 40, ss. 9-11. To examine scliools, p. 44, ss. 20, 21. To examine teacliers, p. 40, ss. 9-11. To expel scholars, when, pp. 49, 51, ss. 6, 16. To furnish text-books, p. 43, s. 16. To give certificates, pp. 10, 43, ss. 8, 17-19. To locate school-houses, p. 32, ss. 5, 6. To locate school-rooms, p. 36, s 11 (a). To make regulations, p. 41, s. 12. To protect factory children, p. 50, ss. 11-14. To select text-books, p. 43, ss. 13-15. When of adjoining towns, pp. 32-35, ss. 4-8. SCHOOL DISTRICTS, p. 6. Adjoining districts in same town, p. 7, ss. 4-8, p. 17, ss. 35, 36. Adjoining districts in different to^^ns, p 7. ss. 4-18, p. 17, ss. 35, 86. Agents for, appointment of, p. 15, s. 26 (a). Corporate powers, p. 16, s. 26. Debts of, how contracted, p. 16, ss. 26, 27, 8. 27 (a). Debts when apportioned, pp. 9, 14, ss. 10 (a), 12 (a), ss. 21, 22.-' Districts defacto, p. 7, s. 3 (a). Division of districts, p. 6, s. 1 (b), (c), p. 13, ss. 1-9, 19, 20. Existing districts continued, p. 7, s. 3, s. 3 (a). Lines of districts, change of, p. 7, as. 4-20. How restored, p. 7, ss. 4, 14. New districts, formation of, pp. 6-18, ss. 1-19, 36, 36. Powers of districts, pp. 7, 15-18, ss. 4, 26, 27, 35,36. Property and debts apportioned, p. 14, ss. 21, 22, p. 9, ss. 10 (a), 12 (a). Towns may divide into, p. 6, s. 1, s. 1 (a), (b). Towns if not divided, one district, p. 7, s. 2. Union districts, p. 7, ss. 4-22. SCHOOL-HOUSES, p. 30. Assessment of tax for, p. 6, s. 1, s. 1 (c), p. 12, ss. 12-14, 8. 12, notes. Building committee, p. 31, s. 4, s. 4 (a). Control of, by committee, p. 30, s. 1 (a). Furniture and apparatus, p. 30, s. 1. Hall in school-liou.«e, p. 30, B. 1 (a). Hiring money to build, p. 16, SB. 27', 28. Insurance, p. 16, s. 29. . Land for school-house, p. 33, ss. 7, 8, 9. Location of school-house, p. 31, ss. 2-7. INDEX. 57 NcRleot to bnild, r. .15, s. 10, s. 10 (a). Nej^lucr. til rem.n-u, \>. irt. s. 10, 10 (li). Uiiiim Miho il-liousey, i». 17, ss. 35, 3U, II. 31. s. 1 ((•). SCHOOL .MUNHY, |i. 3. Amount reqiiiiuU by law, p, 3, p. 1. Aj)|>'"'lii>iiiiig by Beluctnien, p 4, ss. 4, (i. Collejji^ Grant, money of, p. 5, s. 13. Disu-icts may I'aiso miniey, ji. 5, s. H, How ilt»liliu(i, p. 4, S.3, s.'4 (2). Liferai-y ftiiid, p. 5, as. 9-13. Kailrut I ta-ic. p. 5, s. 15. Stale lalidy, proceeds of, p. 5, s. 14. Towns may raise more, p. 3, s. 2. Unincorporated plaees, p. 5, s.s. 10, 12. Wentwortli's L'lcation, p. 5, s. 13. School kkcisteus, p. 43, ss. 17-19, s. 17 (a), .s. 18 (a). SOHOOL TEACHERS, p. :;R. Authority of iu gener.il p. 40, S9. 8, 12 and noles, p. 42, ss. 15, 16. Authority out of school, p. 51, s. 12 (c). May be dismissed, p. 40, ss. 9-11. Must produce certitleate. p. 40, s. 8. Must; return register, p. 43, ss. 17-19. QuidiU(;ations of, p. 40, ss. fi-y. Suits for wages, p. 40, s. 8, p 44, s.l8 (a). When not liable to parent, p. 40, s. a (a). Selectmen, to apportion school money, p. 4, ss. 4, 6. To assess taxes, p. 3, ss. 1, 2, p. 14, ss. 22, 24, p. 10, ss, 28-31. If tax ilieg.al, p. 30, s. 12 (a), p. 10, s. 28 (a), B. 31. "To dismiss prudential committee, p. 28, s. 28. To till vacancies, p. 27, sa. 24, 2C, p. 38 B. 1, p. 48, 8. 11. To form districts, pp. 7-12, ss. 6,9, 10, 16. To taVe land for school-houses, p. 33, ss. 7-:). When of adjoining towns, p. 8, ss. 9, 10, IC. Spkcial meetixgs, pp. 19, 22, ss. 3, 4, 10-13. St \te laxps, ]»roceeds of, p. 5, s. 14. Suits against distuicts, p 40, s. 8 (a), p. 10. s. 20 (e). SurEIlIXTEXDENT OF SCHOOLS, p. 62, SB. Sweepixu SCIIOOL-IIOUSE.S, p. 42, s. 12 (ll). Tax, as-sessment of, p. 10, ss. 28-31, p, 3, ss. 1, 2, pp. 14-10, ss. 22-31. Teacheu— see School Teacher. TiCACJIEIEs' iNSTrrUTi:, p. 54. Text-books, p. 43, ss. 13~l(i. Ti^ie. computation of, p. 19, s. 2 (2). Towns, may choose committee, p. 38, ss. 1, 2. May divide into districts, p. 0, ss. 1,2. Mav make by-laws for truai.ls, p. 50, ss.G, 7. Mav provide high schools, p. 40, ss. 2, 5;c. j\Tay raise more money, p. 5, s. 8. Misappropriating money, p. 4, s. 4(2). Treks and ficnces, p. 33, s. 7 (a). Tity.\XTS— see Scholars. Uxixcoiiron.vrED tlaces, p. 5, ss. 10, 12. UNION' DISTincTS, Tip. 7-14, sa. 4—22. Union school-houses, p. 18, ss. 35, 30. Vacancies, p. 27, ss. 24~2C. Votes, forms of, p. 7, s. 1 (d). How proved, p. 10, s. 20 (d). AVatid, school money of, p. 4, s. 5. "Warrant, general form of, p. 20, a. 6. By justice, p. 21, ss. 9, 11, 13. Posting and return, p. 19. ss. 2, 5. 7. Wentworxii's Location, p. 5, s. 13. t ntiyp*' T)M3i_ . !if!/.>ll La. ,.«,',. ;!!h, jnttin* ii»lA *Tr ^ ^ _._ H+if*i«m)M« R^^^^^HHSfjiin^^ iiflpPfeiil tjwn" — ' I >HBU 7 • fir' H(r *t«n»ttttit-m*i> *'i'T;nmT